Chapter 9 Whydunnit?
Emeritus Professor McSherry has written extensively on the intersection between criminal law and mental health. The concept of ‘causation’ is central to the way the law deals with mentally disordered offenders: the ‘insanity’ defence requires a causal connection between the offender’s psychopatholog...
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| स्वरूप: | Online |
| भाषा: | अंग्रेज़ी |
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Taylor & Francis
2023
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| ऑनलाइन पहुंच: | https://library.oapen.org/handle/20.500.12657/85203 |
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| _version_ | 1869527256049647616 |
|---|---|
| author | Walvisch, Jamie Carroll, Andrew Marsh, Tim Sarkar, Jaydip |
| author_browse | Carroll, Andrew Marsh, Tim Sarkar, Jaydip Walvisch, Jamie |
| author_facet | Walvisch, Jamie Carroll, Andrew Marsh, Tim Sarkar, Jaydip |
| author_sort | Walvisch, Jamie |
| collection | Directory of Open Access Books |
| description | Emeritus Professor McSherry has written extensively on the intersection between criminal law and mental health. The concept of ‘causation’ is central to the way the law deals with mentally disordered offenders: the ‘insanity’ defence requires a causal connection between the offender’s psychopathology and the offence; and mitigation at sentencing frequently relies on proof of a causal link. While ‘causation’ is a commonly used term, there is significant variation in the way that different disciplines understand its meaning. This is problematic, as explanations for offending that are proffered to the courts by mental health experts must function within a legal epistemological framework if they are to carry weight. This chapter considers how Australian, English and Welsh sentencing courts currently assess the causal relationship between mental disorders and offending, and the challenges that arise when sentencing courts rely on evidence from mental health experts. It draws on Nigel Walker’s notion of ‘possibility’ explanations to present a framework for experts to provide robust explanations for offending that provide defensible opinions on the nature and strength of the causal relationship. It also considers the roles that legal practitioners and the courts should play in assessing the causal issue. |
| format | Online |
| id | doab-20.500.12854ir-122471 |
| institution | Directory of Open Access Books |
| language | eng |
| publishDate | 2023 |
| publishDateRange | 2023 |
| publishDateSort | 2023 |
| publisher | Taylor & Francis |
| publisherStr | Taylor & Francis |
| record_format | ojs |
| spelling | doab-20.500.12854ir-1224712025-03-12T19:50:22Z Chapter 9 Whydunnit? Walvisch, Jamie Carroll, Andrew Marsh, Tim Sarkar, Jaydip Bernadette McSherry, Coercion, Courts, Criminal Law, Disability, Future, Law Reform, Mental Health Law, Restrictive Practices, Risk and Risk Assessment, Seclusion and Restraint, Sentencing, Technology Emeritus Professor McSherry has written extensively on the intersection between criminal law and mental health. The concept of ‘causation’ is central to the way the law deals with mentally disordered offenders: the ‘insanity’ defence requires a causal connection between the offender’s psychopathology and the offence; and mitigation at sentencing frequently relies on proof of a causal link. While ‘causation’ is a commonly used term, there is significant variation in the way that different disciplines understand its meaning. This is problematic, as explanations for offending that are proffered to the courts by mental health experts must function within a legal epistemological framework if they are to carry weight. This chapter considers how Australian, English and Welsh sentencing courts currently assess the causal relationship between mental disorders and offending, and the challenges that arise when sentencing courts rely on evidence from mental health experts. It draws on Nigel Walker’s notion of ‘possibility’ explanations to present a framework for experts to provide robust explanations for offending that provide defensible opinions on the nature and strength of the causal relationship. It also considers the roles that legal practitioners and the courts should play in assessing the causal issue. 2023-11-18T04:08:00Z 2023-11-18T04:08:00Z 2023-11-17T13:29:02Z 2024 chapter https://library.oapen.org/handle/20.500.12657/85203 9781032396071 9781032396323 https://directory.doabooks.org/handle/20.500.12854/122471 eng open access image/jpeg image/jpeg image/jpeg Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International Attribution-NonCommercial-NoDerivatives 4.0 International https://library.oapen.org/bitstream/20.500.12657/85203/1/9781003350644_10.4324_9781003350644-12.pdf https://library.oapen.org/bitstream/20.500.12657/85203/1/9781003350644_10.4324_9781003350644-12.pdf https://library.oapen.org/bitstream/20.500.12657/85203/1/9781003350644_10.4324_9781003350644-12.pdf Taylor & Francis Routledge 10.4324/9781003350644-12 10.4324/9781003350644-12 fa69b019-f4ee-4979-8d42-c6b6c476b5f0 The Future of Mental Health, Disability and Criminal Law University of Melbourne d1d19f80-cee6-485a-83c2-82cb792369de 9781032396071 9781032396323 Routledge 26 503454 open access |
| spellingShingle | Bernadette McSherry, Coercion, Courts, Criminal Law, Disability, Future, Law Reform, Mental Health Law, Restrictive Practices, Risk and Risk Assessment, Seclusion and Restraint, Sentencing, Technology Walvisch, Jamie Carroll, Andrew Marsh, Tim Sarkar, Jaydip Chapter 9 Whydunnit? |
| title | Chapter 9 Whydunnit? |
| title_full | Chapter 9 Whydunnit? |
| title_fullStr | Chapter 9 Whydunnit? |
| title_full_unstemmed | Chapter 9 Whydunnit? |
| title_short | Chapter 9 Whydunnit? |
| title_sort | chapter 9 whydunnit |
| topic | Bernadette McSherry, Coercion, Courts, Criminal Law, Disability, Future, Law Reform, Mental Health Law, Restrictive Practices, Risk and Risk Assessment, Seclusion and Restraint, Sentencing, Technology |
| topic_facet | Bernadette McSherry, Coercion, Courts, Criminal Law, Disability, Future, Law Reform, Mental Health Law, Restrictive Practices, Risk and Risk Assessment, Seclusion and Restraint, Sentencing, Technology |
| url | https://library.oapen.org/handle/20.500.12657/85203 |
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