Incapacity of the Mind Secondary to Medication Misuse as a Not Criminally Responsible Defense

The manifestations of disorders of the mind may play a role in the occurrence of criminal behavior. In the majority of the cases, the presence of a psychiatric disorder is cited as the reason that an individual was not fully aware of his behavior. However, other conditions, such as seizure disorders or hypoglycemia, have also been linked to an inability to understand the nature and consequences of one's actions. On occasion, these situations can be explained by a state of automatism that may be described as insane or noninsane. In this article, we describe the case of a 77‐year‐old man, suffering from Parkinson's disease, where the issue of criminal responsibility associated with incapacity of the mind secondary to medication misuse was raised. We elaborate on the thinking behind this opinion and the implications according to Canadian law. Although the legal outcome of this case is specific to our jurisdiction, the clinical implication may be common to any patient suffering from a similar condition and may inform physicians, families, and lawyers.     

In Modernism's Wake: Public Administration and Policy in the 21st Century

Hugh T. Miller, Postmodern Public Policy
Goktug Morcol, A New Mind for Policy Analysis: Toward a Post-Newtonian and Postpositivist Epistemology and Methodology
Michael W. Spicer, Public Administration and the State: A Postmodern Perspective     

Bureaucracy,inefficiency, and time

This paper examines the bureaucrat's choice between devoting resources to economic rents (organizational slack) and maximizing the budget of the agency. A new model of bureaucracy is developed using utility rather than a demand function as its foundation. It is shown that increases in income alter the slack-budget constraint to favor organizational slack over budget-maximization. Modern federal bureaucracies in the U.S. are predicted to be slack-maximizing and X-inefficient.     

A Small County's Answer to Community-Based Programs

“Some authorities have stated that the only way to gain community services for children is to close down state institutions. We believe that our progress in the past two years proves that the only way to eliminate state institutions is to provide better services in the community.”     

Must researchers share their data?

Before submitting such symposia, potential contributors are invited to send letters of inquiry to determine whether a proposed topic may be suitable and to receive further guidance about format.     

Book reviews

John R. Davis, Britain and the German Zollverein, 1848-66 (London: Macmillan, 1997). x + 238 pp. £45. ISBN 0-333-67828-1.

Martin Thomas, Britain, France and Appeasement: Anglo-French Relations in the Popular Front Era (Oxford and New York: Berg. 1996). xi + 268 pp. £29.95 hb; £12.95 pb. ISBN 1-85973-192-9.

Peter Lowe, Containing the Cold War in East Asia: British Policies Towards Japan, China and Korea, 1948-53 (Manchester: Manchester University Press, 1997). xii + 288 pp. £40. ISBN 0-7190-2508-7.

David M. Barrett, Uncertain Warriors: Lyndon Johnson and His Vietnam Advisers (Lawrence, Kansas: University of Kansas Press, 1994). xii + 279 pp. £11.95 pb. ISBN 0-7006-0631-9.

Rhodri Jeffreys-Jones, Changing Differences: Women and the Shaping of American Foreign Policy, 1917-1994 (New Brunswick, NJ: Rutgers University Press, 1997). x + 275 pp. £14.50 pb. ISBN 0-8135-2449-0.

Philip M. Taylor, Global Communications, International Affairs and the Media Since 1945 (London & New York: Routledge, 1997). xx + 248 pp. £45 hb. ISBN 0-415-11678-3; £15.99 pb. ISBN 0-415-11679-1     

Victim resistance and offender weapon effects in robbery

What happens when victims resist robbers? Logistic regression analysis of over 4500 sample robbery incidents reported in the 1979–1985 National Crime Surveys reveals the following about various forms of victim resistance. Self-protection (SP) of any kind apparently reduces the probability of the robbery being completed, i.e., the robber getting away with the victim's property. Armed resistance is more effective than unarmed resistance, and resistance with a gun, though relatively rare, is the most effective victim response of all. Resistance with a gun also appears to reduce the likelihood of the victim being injured, while two types of resistance appear to increase it: (1) unarmed physical force against the robber and (2) trying to get help, attract attention, or scare the robber away. The robber's possession of a gun appears to inhibit victim resistance, which can sometimes provoke a robber to attack; robber gun possession thereby reduces the probability of victim injury. However, even controlling for victim resistance, robber gun possession, is associated with a lower rate of injury to the victim. Finally, robbers with handguns are much more likely to complete their robberies, and those with knives and other weapons are somewhat more likely to do so, compared to unarmed robbers.     

Necessity and death: lessons from Latimer and the case of the conjoined twins

The availability of the defence of necessity in cases of homicide is a complex issue in both Canadian and British jurisprudence. This article examines the divergent judicial and academic views and argues that, while necessity may be available for certain kinds of homicide, it should be rejected as a legitimate defence to intentional killings. The author looks closely at two recent cases in which the question arose as to whether or not killing a human being is ever justifiable or excusable on the basis of necessity: the Canadian case of R. v. Latimer and the British case of Re A (Children). The author argues that the approach of the Latimer court is preferable, advancing this position from a number of angles. Underlying rationales for the defence of necessity in Anglo-Canadian jurisprudence are examined, as well as the conceptually similar defence of duress, both at common law and in s. 17 of the Criminal Code. Both of these points are reinforced and analyzed via a discussion of the sanctity-of-life principle in Canadian criminal law. The article makes clear the essential nature of the issues raised in both Latimer and Re A (Children), as they engage fundamental questions of value for our society.