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EDITED BY KIRIAKOS XENITIDIS and COLIN CAMPBELL
Behr et al (2005) rightly draw attention to the advantages of those with various forms of mental disturbance, in some circumstances, being held to be accountable for their actions (see also Smith & Donovan, 1990; Prins, 2002, 2005: chapter 2). However, their comments concerning the degree to which alcohol and other drugs may totally erode criminal responsibility need slight qualification. It is of course true that, in general terms, the ingestion of alcohol and other drugs not only does not excuse culpability, but may in fact exacerbate it. There are, however, instances where specific intent has to be proved (as for example in homicide), where the ingestion of such substances may negate full responsibility (Homicide Act 1957, Section 2). In addition, the unknowing ingestion of alcohol, for example spiking someones non-alcoholic beverage with alcohol, may be held to exclude responsibility. The law on this whole topic is somewhat complicated, and has, from time to time, led to some equivocal decisions in the higher courts.
REFERENCES
Behr, G. M., Ruddock, J. P., Benn, P., et al
(2005) Zero tolerance of violence by users of mental health
services: the need for an ethical framework. British Journal of
Psychiatry, 187, 7
8.
Prins, H. (2002) Cui bono? Withholding treatment from violent and abusive patients in NHS trusts: We dont have to take this. Journal of Forensic Psychiatry, 13, 391 406.[CrossRef]
Prins, H. (2005) Offenders, Deviants or Patients? (3rd edn). New York: BrunnerRoutledge.
Smith, J. & Donovan, M. (1990) The prosecution of psychiatric in-patients. Journal of Forensic Psychiatry, 1, 379 383.
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