An analysis of psychological and legal conceptions of the defence of non-pathological criminal incapacity

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dc.contributor.advisorTredoux, Colinen_ZA
dc.contributor.authorAfrica, Adelene Ren_ZA
dc.date.accessioned2015-09-14T18:07:49Z
dc.date.available2015-09-14T18:07:49Z
dc.date.issued2000en_ZA
dc.descriptionBibliography: leaves 59-62.en_ZA
dc.description.abstractThe defence of non-pathological capacity presents challenges for both law and psychology because it acknowledges that psychological factors other than mental illness, are grounds for complete exculpation. In this sense, South African law differs from its Anglo-American counterparts as it recognises that non-pathological factors playa role in negating criminal responsibility. Legal and mental health professionals are instrumental in the application of the defence, but both case law and literature reflect differences in the way in which the defence is understood and applied. Disagreement within and between disciplines adds to the controversial nature of the defence. This study examines the interpretation and practical application of the defence by mental health professionals and lawyers. It explores how participants' understanding of the defence informs its application in practice. A sample of ten participants including mental health professionals (comprising psychologists and psychiatrists) and lawyers (comprising advocates) was chosen, in order that a comparison be drawn between the two groups. Semi-structured interviews were conducted so as to enable in-depth exploration of issues regarding conceptions of criminal responsibility, the role of expert testimony and the conceptual understanding and application of the defence.en_ZA
dc.identifier.apacitationAfrica, A. R. (2000). <i>An analysis of psychological and legal conceptions of the defence of non-pathological criminal incapacity</i>. (Thesis). University of Cape Town ,Faculty of Humanities ,Department of Psychology. Retrieved from http://hdl.handle.net/11427/13901en_ZA
dc.identifier.chicagocitationAfrica, Adelene R. <i>"An analysis of psychological and legal conceptions of the defence of non-pathological criminal incapacity."</i> Thesis., University of Cape Town ,Faculty of Humanities ,Department of Psychology, 2000. http://hdl.handle.net/11427/13901en_ZA
dc.identifier.citationAfrica, A. 2000. An analysis of psychological and legal conceptions of the defence of non-pathological criminal incapacity. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Africa, Adelene R AB - The defence of non-pathological capacity presents challenges for both law and psychology because it acknowledges that psychological factors other than mental illness, are grounds for complete exculpation. In this sense, South African law differs from its Anglo-American counterparts as it recognises that non-pathological factors playa role in negating criminal responsibility. Legal and mental health professionals are instrumental in the application of the defence, but both case law and literature reflect differences in the way in which the defence is understood and applied. Disagreement within and between disciplines adds to the controversial nature of the defence. This study examines the interpretation and practical application of the defence by mental health professionals and lawyers. It explores how participants' understanding of the defence informs its application in practice. A sample of ten participants including mental health professionals (comprising psychologists and psychiatrists) and lawyers (comprising advocates) was chosen, in order that a comparison be drawn between the two groups. Semi-structured interviews were conducted so as to enable in-depth exploration of issues regarding conceptions of criminal responsibility, the role of expert testimony and the conceptual understanding and application of the defence. DA - 2000 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2000 T1 - An analysis of psychological and legal conceptions of the defence of non-pathological criminal incapacity TI - An analysis of psychological and legal conceptions of the defence of non-pathological criminal incapacity UR - http://hdl.handle.net/11427/13901 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/13901
dc.identifier.vancouvercitationAfrica AR. An analysis of psychological and legal conceptions of the defence of non-pathological criminal incapacity. [Thesis]. University of Cape Town ,Faculty of Humanities ,Department of Psychology, 2000 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/13901en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Psychologyen_ZA
dc.publisher.facultyFaculty of Humanitiesen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherClinical Psychologyen_ZA
dc.titleAn analysis of psychological and legal conceptions of the defence of non-pathological criminal incapacityen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameMAen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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