Responsibility and Emerging Neuroscience: The Viability of the American Law Institute's Insanity Defense

Persistent Link:
http://hdl.handle.net/10150/579026
Title:
Responsibility and Emerging Neuroscience: The Viability of the American Law Institute's Insanity Defense
Author:
Romero, Christopher Ryan
Issue Date:
2015
Publisher:
The University of Arizona.
Rights:
Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.
Abstract:
There are five legal tests for insanity used in the United States today: the M'Naghten Test, the Irresistible Impulse Test, the Product Test, the America Law Institute (ALI) Test, and the Federal Test. Modem neuroscience has shown that using only the M'Naghten Test or the Irresistible Impulse Test gives a narrow understanding of mental health that ignores degrees of insanity. The Product Test is too broad and allows experts to overreach their boundaries and make legal conclusions. The Federal Test is simply a modification of the M'Naghten Test and does not recognize volitional components of insanity. I propose that the ALI Test become the standard test for insanity because it improves upon the criticisms of the M'Naghten, Irresistible Impulse, and Product Tests. However, ALI Test can be improved by clearly defining the ambiguous medical terms it uses. As neuroscience progresses, the legal system must adapt in order to keep pace, and I believe the ALI Test is the only existing test that leaves room for the ever-increasing knowledge of the brain.
Type:
text; Electronic Thesis
Degree Name:
B.A.
Degree Level:
bachelors
Degree Program:
Honors College; Philosophy, Politics, Economics and Law
Degree Grantor:
University of Arizona
Advisor:
Rosati, Connie

Full metadata record

DC FieldValue Language
dc.language.isoen_USen
dc.titleResponsibility and Emerging Neuroscience: The Viability of the American Law Institute's Insanity Defenseen_US
dc.creatorRomero, Christopher Ryanen
dc.contributor.authorRomero, Christopher Ryanen
dc.date.issued2015en
dc.publisherThe University of Arizona.en
dc.rightsCopyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.en
dc.description.abstractThere are five legal tests for insanity used in the United States today: the M'Naghten Test, the Irresistible Impulse Test, the Product Test, the America Law Institute (ALI) Test, and the Federal Test. Modem neuroscience has shown that using only the M'Naghten Test or the Irresistible Impulse Test gives a narrow understanding of mental health that ignores degrees of insanity. The Product Test is too broad and allows experts to overreach their boundaries and make legal conclusions. The Federal Test is simply a modification of the M'Naghten Test and does not recognize volitional components of insanity. I propose that the ALI Test become the standard test for insanity because it improves upon the criticisms of the M'Naghten, Irresistible Impulse, and Product Tests. However, ALI Test can be improved by clearly defining the ambiguous medical terms it uses. As neuroscience progresses, the legal system must adapt in order to keep pace, and I believe the ALI Test is the only existing test that leaves room for the ever-increasing knowledge of the brain.en
dc.typetexten
dc.typeElectronic Thesisen
thesis.degree.nameB.A.en
thesis.degree.levelbachelorsen
thesis.degree.disciplineHonors Collegeen
thesis.degree.disciplinePhilosophy, Politics, Economics and Lawen
thesis.degree.grantorUniversity of Arizonaen
dc.contributor.advisorRosati, Connieen
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