Citation

Freckelton I. Int. J. Law Psychiatry 2012; 35(5-6): 372-379.

Affiliation

Senior Counsel, Victorian Bar, Australia; Professor of Law, Forensic Medicine, and Forensic Psychology, Monash University, Victoria, Australia. Electronic address: I.Freckelton@vicbar.com.au.

Copyright

(Copyright © 2012, Elsevier Publishing)

DOI

10.1016/j.ijlp.2012.09.008

PMID

23151404

Abstract

By drawing upon mental health assessment issues about three non-mainstream conditions - Autism Spectrum Disorder, brain injuries, including Foetal Alcohol Syndrome, and Huntington's Disease - the author argues for the need for subtle, empathic and informed expert evidence about the potential nexus between such conditions and accused persons' criminal responsibility and culpability. He contends that what is forensically required is enhancement of the capacity of triers of fact to appreciate informedly and authentically, sometimes in a nuanced way, how persons with different, damaged or deteriorating brains experience situations and others' behaviour so that accused persons' conduct can fairly be evaluated without imposition of assumptions or expectations in respect of "normal persons" that may not be apposite.

Language: en