The insanity defence, indefinite detention and the UN Convention on the Rights of Persons with Disabilities

Title: The insanity defence, indefinite detention and the UN Convention on the Rights of Persons with Disabilities
Creator: McNamara, Donna Marie
Relation: Dublin University Law Journal Vol. 40, Issue 1, p. 143-175
Relation: http://www.claruspress.ie/shop/dublin-university-law-journal-dulj/
Publisher: Thomas Round Hall/Clarus Press
Resource Type: journal article
Date: 2018
Description: The defence of insanity has long provided a means by which persons with a psychosocial disability can be detained in a designated facility, for the purpose of receiving medical treatment. As such, the operation of the insanity defence results in the removal of the right to liberty and the right to consent to treatment, for potentially an indefinite period of time. The defence has been subject to criticism for many decades, but it is now time to take stock of its relevance, especially in light of the Convention on the Rights of Persons with Disabilities. This paper will critically examine the application of the insanity defence in Ireland and investigate its future considering Ireland's expected ratification of the UN Convention on the Rights of Persons with Disabilities.
Subject: insanity defence; criminal law; disability law; mental condition
Identifier: http://hdl.handle.net/1959.13/1413091
Identifier: uon:36580
Identifier: ISSN:0332-3250
Language: eng
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