PECULIARITIES OF APPLICATION OF COMPULSORY MEDICAL MEASURES TO MENTALLY ILL PERSONS WHO HAVE COMMITTED A CRIMINAL OFFENCE IN THE USA

Authors

DOI:

https://doi.org/10.18372/2307-9061.69.18378

Keywords:

compulsory medical measures, foreign experience, forensic psychiatric examination, insanity, partial sanity, hospitalisation

Abstract

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.

Author Biographies

Natalya Holdberh, National Aviation University

candidate of legal sciences, associate professor of the Department of Criminal Law and Procedure

Iryna Bila, National Aviation University

PhD student of the second (master’s) level

References

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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).

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Published

2023-12-29

How to Cite

Holdberh, N., & Bila, I. (2023). PECULIARITIES OF APPLICATION OF COMPULSORY MEDICAL MEASURES TO MENTALLY ILL PERSONS WHO HAVE COMMITTED A CRIMINAL OFFENCE IN THE USA. Scientific Works of National Aviation University. Series: Law Journal "Air and Space Law", 4(69), 186–190. https://doi.org/10.18372/2307-9061.69.18378

Issue

Section

Criminal Law and Criminology