Automatism is a notoriously difficult subject for law students, lawyers and judges. This book explores the science and medicine of sleep disorders and examines how the criminal process deals with such disorders when presented as a defence. It systematically examines the legal doctrines involved, and their implications for the use of the evidence key to establishing automatism, while also exploring the medical conditions that can cause automatism (particularly epilepsy, sleepwalking and diabetes). This book is a valuable resource for law students, lawyers, judges and expert witnesses.

By defining appropriate boundaries for the defence of insanity and the doctrine of automatism, this book presents a consistent and principled approach to the reform of mental state defences. In particular, by undertaking an interdisciplinary analysis of the various factors that inform these defences the book concludes with several practical and robust reform proposals There are three objectives that underpin the suggested reform proposals. First, to ensure that an accused will be able to raise a defence of insanity for involuntary conduct arising from mental disorder even where he or she is aware of the nature and quality of such conduct. Second, to provide principled means by which to establish the criminal responsibility of an accused for conduct performed in a state of drug-induced psychosis. Third, to ensure that criminal conduct arising from a state of ’impaired consciousness’ does not automatically result in the outright acquittal of an accused. In articulating the competing demands that must be balanced in order to secure a principled approach to the reform of mental state defences the book will be of relevance to all common law countries.

This accessible text enables criminology and criminal justice students to understand and critically evaluate criminal law in the context of criminal justice and wider social issues. The book explains criminal law comprehensively, covering both general principles and specific types of criminal offences. It examines criminal law in its social context, as well as considering how it is used by the criminal justice processes and agencies which enforce it in practice. Covering all the different theoretical approaches that the student of criminology and criminal justice will need to understand, the book provides learning tools such as: -chapter objectives - making the structure of the book easy to follow for students -questions for discussion and student exercises - helping students to think critically about the ideas and concepts in each chapter, and to undertake further independent and reflective study -′definition boxes′ explaining key concepts - helping students who are not familiar with specialist criminal law terminology to understand what the key basic concepts in criminal law really mean in practice -a companion Website which incorporates a range of resources for lecturers and students.

Covers all aspects of epilepsy, from basic mechanisms to diagnosis and management, as well as legal and social considerations.

Psychiatric Expert Testimony: Emerging Applications is for practitioners who need to be at the cutting edge of admissibility in court. The book avoids standard applications, such as the insanity defense and specific capacity assessments, in favor of those that may be controversial or require evidentiary hearings. It is divided into two broad areas: human development and its deviations; and science and technology. In each chapter, the reader will find a discussion of the science behind the testimony and, where applicable, relevant case law. In the human development area, there are discussions of the genesis of moral thinking, how early trauma can affect behavior, how to approach the child witness, and how Autism Spectrum Disorder is regarded in criminal justice. In the technology area, there are diverse discussions, including sleep disorders, fMRI lie detection, the uses of neuroimaging, traumatic encephalopathy, and designer drugs. Dr. Weiss and Dr. Watson provide a framework for understanding why and how the justice system needs expert testimony and the instances where there is resistance to it. Unlike other books, which either treat the subject generally or in a prescriptive manner, Psychiatric Expert Testimony: Emerging Applications provides a foundation for practitioners to use available science and then to fashion their own work product. In this way, the expert is not held to a formula or format. By using the content of Emerging Applications, the practitioner will be better able to fashion expert reports and field questions during evidentiary hearings.