TY - JOUR
T1 - Reduced punishment in Israel in the case of murder
T2 - Bridging the medico-legal gap
AU - Roe, David
AU - Ronen, Ya'ir
AU - Lereya, Jossef
AU - Fennig, Shmuel
AU - Fennig, Silvana
PY - 2005
Y1 - 2005
N2 - The psychiatrist's assessment of criminal responsibility of an accused in court for an act of crime has always been a matter of great difficulty. In 1997, clause 300a was incorporated into the Penal Code of Israel, thereby permitting a more lenient punishment for murder than mandatory life imprisonment. The clause includes the definition of what is meant by "severe mental disorder" and "significantly restricted capacity" by the defendant to understand the criminal nature of his or her act and to refrain from committing it. Usage of the concepts "disorder" and "significantly restricted capacity" in addressing the issue of diminished responsibility of the mentally ill is new to the Israeli legal code. The emergence and evolvement of the above concepts are presented through a historical review of the Israeli encoded law concerning mental illness, analyzed from a psychiatric perspective.
AB - The psychiatrist's assessment of criminal responsibility of an accused in court for an act of crime has always been a matter of great difficulty. In 1997, clause 300a was incorporated into the Penal Code of Israel, thereby permitting a more lenient punishment for murder than mandatory life imprisonment. The clause includes the definition of what is meant by "severe mental disorder" and "significantly restricted capacity" by the defendant to understand the criminal nature of his or her act and to refrain from committing it. Usage of the concepts "disorder" and "significantly restricted capacity" in addressing the issue of diminished responsibility of the mentally ill is new to the Israeli legal code. The emergence and evolvement of the above concepts are presented through a historical review of the Israeli encoded law concerning mental illness, analyzed from a psychiatric perspective.
UR - http://www.scopus.com/inward/record.url?scp=20544452456&partnerID=8YFLogxK
U2 - 10.1016/j.ijlp.2004.11.001
DO - 10.1016/j.ijlp.2004.11.001
M3 - מאמר
AN - SCOPUS:20544452456
VL - 28
SP - 222
EP - 230
JO - International Journal of Law and Psychiatry
JF - International Journal of Law and Psychiatry
SN - 0160-2527
IS - 3
ER -
