PECULIARITIES OF APPLICATION OF COMPULSORY MEDICAL MEASURES TO MENTALLY ILL PERSONS WHO HAVE COMMITTED A CRIMINAL OFFENCE IN THE USA
DOI:
https://doi.org/10.18372/2307-9061.69.18378Keywords:
compulsory medical measures, foreign experience, forensic psychiatric examination, insanity, partial sanity, hospitalisationAbstract
Purpose: to analyse the legislation of the United States of America (hereinafter - the USA) regulating the application of compulsory medical measures to mentally ill persons who have committed a criminal offence. Research methods: analysis and synthesis, cognitive and analytical, methods of systematisation and generalisation. Results: the analysis of the criminal and procedural legislation of the United States made it possible to assert that the concept of insanity and sanity for persons with mental disorders is a set of criteria (mental and legal) that undoubtedly require further study, clarification and improvement from the point of view of medicine, theory of criminal and procedural law, forensic practice. Discussion: components of a comprehensive approach to the application of compulsory medical measures to mentally ill persons in the United States.
References
Turenko D. Issues of legal regulation of the application of compulsory medical measures in international legal acts and legislation of cer-tain foreign countries. Law and security. Law and security. Law and Safety. 2021. № 1 (80) P. 173-179.
Protection of persons with mental illness and improvement of mental health care: UN General Assembly Resolution. UN General Assembly Resolution of 18.12.1992 No. 46/119. Database "Legislation of Ukraine". Verkhovna Rada (VR) of Ukraine. URL: https://zakon.rada.gov.ua/laws/ show/995_905 (accessed 20.10.2023).
Cumming Jeffery L. Neuropsychiatry and Behavioral Neuroscience. 1985. 432 p.
Samaha J. Criminal Law. West Publishing Co., Minn, St. Paul, 1993. 649 p.
Hinkebein Gabe. Use of insanity defence in the aftermath of Hincley trial.Blacklash and reform. URL: http://law2.umkc.edu/faculty/projects/ ftri-als/hinckley/hinckleyinsanity.htm (accessed 15.10.2023).
Martin John P. The insanity Defence: A closer look insanity cases. The Washington Post. Feb. 27, 1998. URL: https://www.washingtonpost. com/wp-srv/local/longterm/aron/qa227.htm (accessed 15.10.2023).
The Insanity Defence. American Psychiatric Association. Public Information. URL: https://ajp.psychiatryonline.org/doi/abs/10.1176/ ajp.140.6.681?journalCode=ajp (accessed 15.10.2023).