According to the EUPRIS-study on mental health in prisons (2007), available data on mental disorders in prison are scarce. Therefore, this study aims at summarizing and discussing the available knowledge on incarcerated mentally ill offenders concerning: (1) the screening and assessment for detecting mental health; (2) the psychiatric expertise in order to evaluate the mental status; and (3) th...

A large number of countries worldwide have legalized homosexual rights. But for 147 years, since when India was a British colony, Section 377 of the Indian Penal Code defines homosexuality as a crime, punishable by imprisonment. This outdated law violates the fundamental rights of homosexuals in India. Despite the fact that literature drawn from Hindu, Buddhist, Muslim, and modern fiction testi...

In repeated normal-form (simultaneous-move) games, simple penal codes (Abreu, 1986, 1988) permit an elegant characterization of the set of subgame-perfect outcomes. We show that the logic of simple penal codes fails in repeated extensive-form games. By means of examples, we identify two types of settings in which a subgame-perfect outcome may be supported only by a profile with the property tha...

Based on the case of Rosa, a nine-year-old girl who was denied a therapeutic abortion, this article analyzes the role played by the social in medical practice. For that purpose, it compares the different application of two similar pieces of legislation in Costa Rica, where both the practice of abortion and sterilization are restricted to the protection of health and life by the Penal Code. As a...

Although mental state defenses frequently are raised in cases of infanticide, legal criteria for these defenses vary across jurisdictions. We reviewed outcomes of such cases in states using M'Naughten or model penal code (MPC) standards for insanity, and the factors considered by the courts in reaching these decisions. LexisNexis and Westlaw searches were conducted of case law, legal precedent,...

This article examines the clinical and legal aspects of the involuntary intoxication defense, primarily as it relates to violent acts perpetrated by minor and adult patients who have been prescribed selective serotonin reuptake inhibitors (SSRIs) and related psychoactive medications in a therapeutic context. The Model Penal Code recognizes the involuntary intoxication defense and its potential ...

was to consider the Mental Health Bill in 1959. This author thought that Pe?A had a conflict about the penal system and mistrusted their experts whom imagined were more concerned for the criminal than for his victims. He there!'' became interested and tried to examine the penal system and its principles in Brjta' today by his own values, judgment and common-sense. He felt there was a in communi...

The expansion of the US carceral state has been accompanied by the emergence of what we call the ‘shadow carceral state’. Operating beyond the confines of criminal law and justice institutions, the shadow carceral state expands penal power through institutional annexation and legal hybridity, including: (1) increased civil and administrative pathways to incarceration; (2) the creation of civil ...