Pathological criminal incapacity and the conceptual interface between law and medicine

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Date

Authors

Le Roux, Jolandi
Stevens, G.P. (Geert Philip)

Journal Title

Journal ISSN

Volume Title

Publisher

Juta Law

Abstract

This article addresses the problematic conceptual interface between law and the fields of psychiatry and psychology when the defence of pathological criminal incapacity is raised in a criminal court. The definition and assessment of ‘mental illness’ or ‘mental defect’ as threshold requirements for the defence are analyzed according to the medical model, legal model and cross-dimensional model of mental illness.

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Keywords

Incapacity (Law), Pathological criminal incapacity

Sustainable Development Goals

Citation

Le Roux, J & Stevens, GP 2012, 'Pathological criminal incapacity and the conceptual interface between law and medicine', South African Journal of Criminal Justice, vol. 25, no. 1, pp. 44-66.