TY - JOUR PY - 1986// TI - Anomalies of Section 2 of the Homicide Act 1957 JO - Journal of medical ethics A1 - Kenny, A. SP - 24 EP - 27 VL - 12 IS - 1 N2 - Section 2 of the 1957 Homicide Act is indefensible: the concept of 'mental responsibility' is a hybrid which turns the psychiatrist witness either into a thirteenth juryman or a spare barrister. But reform does not lie along the lines suggested by the Butler Committee or the Criminal Law Revision Committee. The latter leaves the jury with insufficient guidance; the former returns to the bad eighteenth century policy of treating mental illness not as a factor in determining responsibility but as a status exempting from responsibility. The much criticised McNaughton rules provide a sounder basis for deciding where responsibility should be assigned in criminal cases.
Language: en
LA - en SN - 0306-6800 UR - http://dx.doi.org/ ID - ref1 ER -