Insanity Defense Essay

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iFORENSIC PSYCHIATRY When killing isn’t murder: psychiatric and psychological defences to murder when the insanity defence is not applicable Anthony Samuels, Colman O’Driscoll and Stephen Allnutt ´ Objective: This paper describes psychiatric and psychological defences to murder where the defence of insanity is not applicable. The charges of murder and manslaughter are outlined. Self-defence, sane and insane automatism, provocation, diminished responsibility, duress, necessity and novel defences are discussed. Conclusions: The complexities of psychological and psychiatric expert evidence are highlighted as well as the fact that legal decisions are not always consistent with medical or scientific theory. It is concluded that this is a controversial and evolving area of mental health law and mental health professionals have an educative role and a responsibility to provide testimony that is supported by the best possible evidence. Key words: automatism, diminished responsibility, forensic psychiatry, provocation, psychiatric defences, psychological defences, self-defence. E Australasian Psychiatry . Vol 15, No 6 . December 2007 Anthony Samuels Senior Visiting Forensic Psychiatrist, Director of Training, Justice Health, NSW; Senior Conjoint Lecturer Psychiatry, University of New South Wales, NSW and Lecturer Psychological Medicine, University of Sydney, NSW, Australia. Colman O’Driscoll ´ Clinical Nurse Consultant (Mental Health), Justice Health, NSW and Conjoint Lecturer Psychiatry, University of New South Wales, NSW, Australia. Stephen Allnutt Senior Visiting Forensic Psychiatrist, Director Community Forensic Mental Health Service, Justice Health, NSW, Australia. Correspondence: Dr Anthony Samuels, 1 Berry Rd, St Leonards, NSW 2065, Australia. Email: jenant@bigpond.net.au xpert psychiatric testimony may be critical in murder cases even where an insanity

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