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Abolition Not Reform
Nelson Borelli, MD
JAMA. 1985;253(3):397.
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| Since this article does not have an abstract, we have provided the first 150 words of the full text PDF and any section headings. |
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THE COMMENTARY entitled "Reform Not Abolition"1 caught my attention immediately. Riley's and George's advocacy of an extended "two-dimensional" or "splintered" concept of criminal intent (mens rea) criticized the American Medical Association House of Delegates for recommending abolition of the special legal defense of insanity.2
It strikes me that whenever we stretch and bend fundamental legal concepts such as mens rea to meet perceived social values, we also diminish the value of the original concept.
Of course, the process of justice should serve social values. However, before we rewrite the statutes involving blameworthiness and insanity, we should take a serious, objective look at the concept of mental illness. Specifically, we should consider the nature of the relationships between social values, social realities, and medical science. A careful analysis will show that mental illness is a bit like the Emperor's New Clothes.
We should remember that, for centuries, civilized societies
. . . [Full Text PDF of this Article]
Author Affiliations
From the Department of Psychiatry, Northwestern University, Chicago.
Footnotes
Reprint requests to Department of Psychiatry, Northwestern University, 251 E Chicago Ave, Chicago, IL 60611 (Dr Borelli).
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