Lawrence Zelic Freedman - By reason of insanity: essays on psychiatry and the law

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title	:	By Reason of Insanity : Essays On Psychiatry and the Law
author	:	Freedman, Lawrence Zelic
publisher	:	Scholarly Resources, Inc.
isbn10 | asin	:	0842022031
print isbn13	:	9780842022033
ebook isbn13	:	9780585120331
language	:	English
subject	Insanity--Jurisprudence--United States, Forensic psychiatry--United States, Forensic psychiatry.
publication date	:	1983
lcc	:	KF9242.A5B9 1983eb
ddc	:	345.73/04
subject	:	Insanity--Jurisprudence--United States, Forensic psychiatry--United States, Forensic psychiatry.

Page iii By Reason of Insanity Essays on Psychiatry and the Law Edited by Lawrence Zelic Freedman Scholarly Resources Inc. Wilmington, Delaware

Page iv PUBLISHER'S NOTE Extensive research has been done regarding the proper spelling of Daniel McNaughtan. The issue has received considerable attention, and more than ten different variations of his last name have appeared over time. Richard Moran in his book Knowing Right from Wrong: The Insanity Defense of Daniel McNaughtan (Free Press, 1981) has supplied conclusive evidence of the actual spelling, "McNaughtan," which we have adopted for our use in this volume. (c) 1983 by Lawrence Zelic Freedman All rights reserved First published 1983 Printed and bound in the United States of America Scholarly Resources Inc. 104 Greenhill Avenue Wilmington, Delaware 19805 Library of Congress Cataloging in Publication Data Main entry under title: By reason of insanity. Includes bibliographical references and index. 1. Insanity-Jurisprudence-United States Addresses, essays, lectures. 2. Forensic psychiatry-United States Addresses, essays, lectures. I. Freedman, Lawrence Zelic. 1919- [DNLM: 1. Forensic psychiatry. W 740 B993] KF9242.A5.B9 1983 345.73'04 83-3314 ISBN 0-8420-2203-1 347.3054

Page v CONTENTS Contributors vii Introduction ix Part I: Criminal Responsibility and Psychiatry Criminal Responsibility and Psychiatric Expert Testimony Committee on Psychiatry and the Law Group for the Advancement of Psychiatry 3 A Psychosocial Analysis of the Making of the Model Penal Code Lawrence Zelic Freedman 17 Mental Disease or Defect Excluding Responsibility: A Psychiatric View of the American Law Institute's Model Penal Code Proposal Lawrence Zelic Freedman, Manfred Guttmacher, and Winfred Overholser 31 Deviation and Community Sanctions George H. Dession 37 Legislative Policy, Conformity, and Psychiatry Harold D. Lasswell 47 Conformity and Nonconformity Lawrence Zelic Freedman 71 Psychoanalysis, Delinquency, and the Law Lawrence Zelic Freedman 81 Psychopathology and Social Offense Lawrence Zelic Freedman 101 Psychiatry and the Law: An Overview Lawrence Zelic Freedman 117

Page vi Common Frontiers of Psychiatry and the Law Harold D. Lasswell and Lawrence Zelic Freedman 133 Part II: Criminal Responsibility and Social Reaction Psychiatry and the Law: Historical Relevance to Today Jacques M. Quen 153 Psychiatry and the Law: An Old-Fashioned Approach George Anastaplo 167 The Relationship of the Mental Health Power and the Criminal Law Power of the State Norval Morris 179 Does Guilt Require Sanity? Constitutional Considerations William K. Carroll 187 Psychiatric Credibility in the Patricia Hearst Case Richard Arens 195 The Psychiatrist in the Legal Process: Caught in the Seamless Web Joel F. Henning 217 Psychiatry and the Supreme Court Alan A. Stone 225 Nothing Fails Like a Little Success Simon Dinitz 237 Index 247

Page vii CONTRIBUTORS GEORGE ANASTAPLO is a visiting professor of law at Loyola University in Chicago. His publications include The Constitutionalist: Notes on the First Amendment (1971), Human Being and Citizen: Essays on Virtue, Freedom and the Common Good

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