Whether the accused is competent to stand trial, whether the plaintiff is competent to accuse, or whether a witness is competent to testify has had a long legal history. Such questions draw legal reasoning into areas of ethical reflection and scientific debate deeply rooted in the moral history of the United States. Mental competence has come to play a central and controversial role in proving guilt, and in evaluating the severity of a crime and its corresponding punishment. This compendium brings together the major legal precedents and legal commentaries that have defined the role of mental illness in criminal trials throughout U.S. history. The reprint collection considers, among other issues, the evolution of the Supreme Court's position on the insanity defense and mental retardation, how these affect one's competency to stand trial or be executed, and how these affect culpability and punishment. Each volume begins with an introductory essay, and includes both cases and commentary. Scholars as well as students will find these volumes a useful research tool.

Daniel Robinson, a distinguished historian of psychology, has pored over centuries of written law, statements by legal commentators, summaries of crimes, and punishments, to glean from these sources an understanding of epochal views of responsibility and competence. From the Greek phrenesis to the Roman notions of furiosus and non compos mentis, from the seventeenth-century witch trials to today's interpretation of mens rea, Robinson takes us through the intricate history of how the insanity defense has been construed as a meeting point of the law and those professions that chart human behavior and conduct, namely, religion, medicine, and psychology. The result is a rare historical account of "insanity" within western civilization.

Several encyclopedias overview the contemporary system of criminal justice in America, but full understanding of current social problems and contemporary strategies to deal with them can come only with clear appreciation of the historical underpinnings of those problems. Thus, this five-volume work surveys the history and philosophy of crime, punishment, and criminal justice institutions in America from colonial times to the present. It covers the whole of the criminal justice system, from crimes, law enforcement and policing, to courts, corrections and human services. Among other things, this encyclopedia: explicates philosophical foundations underpinning our system of justice; charts changing patterns in criminal activity and subsequent effects on legal responses; identifies major periods in the development of our system of criminal justice; and explores in the first four volumes - supplemented by a fifth volume containing annotated primary documents - evolving debates and conflicts on how best to address issues of crime and punishment. Its signed entries in the first four volumes--supplemented by a fifth volume containing annotated primary documents--provide the historical context for students to better understand contemporary criminological debates and the contemporary shape of the U.S. system of law and justice.

Winner of the Gold Dagger Award A fascinating true crime story that details the rise of modern forensics and the development of modern criminal investigation. At the end of the nineteenth century, serial murderer Joseph Vacher terrorized the French countryside, eluding authorities for years, and murdering twice as many victims as Jack The Ripper. Here, Douglas Starr revisits Vacher's infamous crime wave, interweaving the story of the two men who eventually stopped him—prosecutor Emile Fourquet and Dr. Alexandre Lacassagne, the era's most renowned criminologist. In dramatic detail, Starr shows how Lacassagne and his colleagues were developing forensic science as we know it. Building to a gripping courtroom denouement, The Killer of Little Shepherds is a riveting contribution to the history of criminal justice.

This book is an examination of the assassination of President William McKinley by Leon Czolgosz, an American-born purported anarchist. This work offers a new and different way to approach historical crime stories. Rather than accepting the idea that Czolgosz was inherently dangerous because of his ethnic background or his obscure political statements, Federman argues, rather, that political relations, historical events, and the developing discourses in the natural and social sciences toward normal and pathological behaviors structured the meaning of the assassination. Federman proposes there are six ways to view an assassin, each corresponding to a social science. Consequently, each chapter of this manuscript examines a social science and its relation to the assassination. Overall, there are three purposes to this work: One is to examine the rise of the social sciences at the time of the assassination. The second is to explore the historical and political understanding of political violence; and the third is to examine the meaning of legal responsibility.

Antebellum culture is spectacularly exposed in this book of horrific multiple murder and madness in Upstate New York. Andrew W. Arpey offers insight into subjects that will have broad appeal to historians and scholars of law, journalism, religion, psychiatry, politics, race, and reform. Drawing on newspapers, trial accounts, and private papers, Arpey shows the political machinations surrounding the case and the heated debate the trial set off over the relationship of race and crime, the use of punishment, and the boundaries of legal responsibility. His superb reconstruction of the trial, the motivations of its many actors, and the trial's status in American history place this book alongside the best crime novels. In 1846 William Freeman, a young man of African and Native American descent, stabbed to death four members of the Van Nest family with no apparent motive. His victims, all of whom were white, included an elderly woman, her pregnant daughter, and her two-year-old grandson. Freeman was quickly apprehended, but his mental health soon became a matter of controversy. Led by the future secretary of state William H. Seward, his counsel entered the first insanity plea in the state's history. The Van Nest killings and the trial of William Freeman, though illustrative of many aspects of antebellum society and culture, have never received in-depth scholarly attention. Arpey's investigation into the case yields a wide range of provocative insights that are invaluable to a critical understanding of New York history, legal debate, and race matters in American history.

General clinicians conduct most forensic psychiatric examinations and provide most psychiatric testimony. Yet these clinicians often receive little or no training in forensic psychiatry, leaving them ill prepared to meet the inevitable ethical and legal challenges that arise. Both timely and informative, this textbook is the first reference designed and written for both the general clinician and the experienced forensic psychiatrist. Here, 28 recognized experts introduce the forensic subjects that commonly arise in clinical practice. Unique in the literature, this outstanding collection covers • Introductory subjects—Organized psychiatry and forensic practice; the legal system and the distinctions between therapeutic and forensic roles; business aspects of starting a forensic practice; the role of the expert witness; the differences between the ethics of forensic and clinical psychiatry; the use of DSM in the courtroom; and issues that arise in working with attorneys• Civil litigation—The standard of care and psychiatric malpractice; civil competency; issues in conducting evaluations for personal injury litigation; personal injury claims of psychiatric harm; and disability determination and other employment-related psychiatric evaluations• Criminal justice—Competency to stand trial and insanity evaluations; the use of actuarial and clinical assessments in the evaluation of sexual offenders; psychiatry in correctional settings; and the relationship between psychiatry and law enforcement, including mental health training, crisis negotiation, and fitness for duty evaluations• Special topics—Assessment of malingering; evaluations of children and adolescents; violence risk assessments; the use of prediction instruments to determine "dangerousness"; and the evolving standard of expert psychological testimony Each chapter is organized around case examples and includes a review of key concepts, practical guidelines, and references for further reading. A study guide is also available for use in teaching, in studying, and in preparing for the forensic board examination. This practical textbook makes this interesting specialty accessible to trainees and seasoned practitioners. With its detailed glossary of legal terms, subject index, and index of legal cases, it will be a welcome addition to all psychiatric residency and forensic fellowship programs.

The Palgrave Handbook of the History of Human Sciences offers a uniquely comprehensive and global overview of the evolution of ideas, concepts and policies within the human sciences. Drawn from histories of the social and psychological sciences, anthropology, the history and philosophy of science, and the history of ideas, this collection analyses the health and welfare of populations, evidence of the changing nature of our local communities, cities, societies or global movements, and studies the way our humanness or ‘human nature’ undergoes shifts because of broader technological shifts or patterns of living. This Handbook serves as an authoritative reference to a vast source of representative scholarly work in interdisciplinary fields, a means of understanding patterns of social change and the conduct of institutions, as well as the histories of these ‘ways of knowing’ probe the contexts, circumstances and conditions which underpin continuity and change in the way we count, analyse and understand ourselves in our different social worlds. It reflects a critical scholarly interest in both traditional and emerging concerns on the relations between the biological and social sciences, and between these and changes and continuities in societies and conducts, as 21st century research moves into new intellectual and geographic territories, more diverse fields and global problematics. ​

Finalist for the 2022 Cheiron Book Prize​ An Organ of Murder explores the origins of both popular and elite theories of criminality in the nineteenth-century United States, focusing in particular on the influence of phrenology. In the United States, phrenology shaped the production of medico-legal knowledge around crime, the treatment of the criminal within prisons and in public discourse, and sociocultural expectations about the causes of crime. The criminal was phrenology’s ideal research and demonstration subject, and the courtroom and the prison were essential spaces for the staging of scientific expertise. In particular, phrenology constructed ways of looking as well as a language for identifying, understanding, and analyzing criminals and their actions. This work traces the long-lasting influence of phrenological visual culture and language in American culture, law, and medicine, as well as the practical uses of phrenology in courts, prisons, and daily life.