EN
TR
Nicolas Picard…
-
Git
: -
Favorilere ekle veya çıkar
-
Görüntüleme Ayarları:
A⇡ Yazı karakterini büyüt
ᴀ⇣ Yazı karakterini küçült
ᴀ⇣ Yazı karakterini küçült
Sayfa numarasını gizle
Bağlantılar
Yayın Bilgileri
Yayıncı:
On İki Levha Yayıncılık
Yayın tarihi: Aralık 2023
Sayfa: 61 - 82
On İki Levha Yayıncılık
Yayın tarihi: Aralık 2023
Sayfa: 61 - 82
Yazar:
Nicolas Picard
Editör:Cihan Osmanağaoğlu-Karahasanoğlu, Fethi Gedikli
Aşağıda bir kısmını gördüğünüz bu dokümana sadece Profesyonel + pakete abone olan üyelerimiz erişebilir.
Sayfa 61
(“Azaltılmış Sorumluluk” ve Ölüm Cezasının Uygulanması (Fransa, 19.-20. Yüzyılla…
Abstract…
The Napoleonic Penal Code of 1810, incorporating provisions inherited from ancient…
Keywords: Criminal justice, death penalty, intellectually disabled, mental…
Introduction…
During this last year (2022), several mentally disabled people were executed throughout…
Many works have studied the issue of the trials of people suffering from insanity…
My purpose is to answer the following question: how and when has this issue of the…
Emergence of the modern concept of “diminished responsibility” in France during the 19th century…
The Napoleonic Penal Code was established in 1810 and ruled the definitions of crimes…
The inflexibility of the Penal Code led to several “scandalous acquittals” when the…
Twenty-two years after the Penal Code, in 1832, a new law generalized the principle…
This case, among others, helped to foster new medical discussions about half-madness…
In terms of the development of legal doctrine, the notion of criminal responsibility…
“There is no violation of article 64 of the Penal Code in a judgment which condemns a defendant, while noting, to justify the moderation of the sentence, that he does not enjoy the ordinary amount of judgment that characterizes a complete discernment, and that there is in him a certain lack of balance which, without annulling his responsibility, nevertheless allows him to consider it as limited”.(30)…
This principle had already been put into practice in numerous trials. However, it…
Notwithstanding, a newly emerging science, criminology, was both the inspiration…
Generalization of medico-legal examination, the death penalty, the debates on eugenics and distrust of experts at the beginning of the 20th century…
In December 1905, the Minister of Justice Joseph Chaumié, a centre-left politician,…
The Chaumié circular was indeed issued at a time when the death penalty was almost…
As early as 1897, Alexandre Lacassagne himself, with two other colleagues, permittedthe…
It is difficult to see to what extent these considerations may have influenced judicial…
However, these assessments could still be discussed in court, and they could not…
Skepticism was also shared by court reporters, and several experts were at the heart…
Enforcing the death penalty in cases of mentally disturbed people after World War 2…
These continuing doubts explain that psychiatric diagnoses had never been wholly…
But, of the 315 people sentenced to death by courts of assises during the twelve…
Sometimes, the medical examinations were contradictory, and this could explain why…
The diagnosis was also sometimes supplemented by another mention about the dangerousness…
Of the 35 convicts sentenced to death between 1947 and 1958 with a diagnosis of “diminished…
It’s only during the 1970s, when the abolition debate became particularly more active,…
Conclusion…
The end of the guillotine and the consolidation of the abolition in Europe have played…
