Victimisation and the Insanity Defence: Coping with Confusion, Conflict and Conciliation

摘要

According to long-established legal tradition the mentally ill who commit serious offences, such as homicide, have in most jurisdictions available to them the exculpatory defence of insanity. A successful insanity plea typically results in an acquittal in regard to any index crime(s), and indeterminate detention or supervision until the mentally ill person is no longer deemed to be a threat to themselves or the community. For those who experience victimisation in circumstances where a successful insanity defence is subsequently raised, the outcome can be especially traumatic. Many victims remain confused and perplexed by the proceedings, while others express anger and resentment about such a verdict, perceiving it to be unjust and a barrier to any healing process, including restorative justice. In this article, based on a series of case studies drawn from mental health tribunal hearings in an Australian jurisdiction, an analysis is made of the varying responses and special needs of victims involved in insanity acquittals, and of possible measures to better manage victimisation issues in such settings.View full textDownload full textKey wordsinsanity defence, law reform, mental health tribunal review, victimsRelated var addthis_config = { ui_cobrand: "Taylor & Francis Online", services_compact: "citeulike,netvibes,twitter,technorati,delicious,linkedin,facebook,stumbleupon,digg,google,more", pubid: "ra-4dff56cd6bb1830b" }; Add to shortlist Link Permalink http://dx.doi.org/10.1080/13218710903443070