29 judgments found.

Francis v. Jamaica

Country: Jamaica
Year: 1995
Court: United Nations Humans Right Committee
Citation: Communication No 606/1994
Health Topics: Health care and health services, Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to health
Facts:

Francis (F) had been convicted of murder and sentenced to death in February 1980. An appeal was dismissed in November 1981 and in October 1987 a note of the oral judgment was produced but nothing written was issued. His lawyers had apparently stated that they could find no grounds to argue on his behalf with …Read more

Tags: Abuse, Access to health care, Cruel and unusual punishment, Cruel treatment, Degrading treatment, Execution, Humiliating treatment, Imprisonment, Incarceration, Inhuman treatment, Inmate, Insanity, Mental disorder, Mental illness, Paranoia, Prison conditions, Psychiatry
Download Judgment: English

R v. Park

Country: Canada
Year: 1992
Court: Supreme Court of Canada
Citation: [1992] 2 S.C.R. 871
Health Topics: Mental health, Public safety, Violence
Human Rights: Right to liberty and security of person
Facts:

Parkes attacked his parents-in-law at their home. The attack resulted into the death of one and severe injury to the other. After the attack, he drove to a police station to report what he had done. Parkes was charged with first-degree murder and attempted murder. At trial, his defense was automatism i.e. sleep walking. He …Read more

Tags: Insanity, Mental competence, Psychology
Download Judgment: English

R v Swain

Country: Canada
Year: 1991
Court: Supreme Court of Canada
Citation: [1991] 1 RCS
Health Topics: Mental health, Prisons, Public safety, Violence
Human Rights: Right to due process/fair trial, Right to liberty and security of person
Facts:

Swain was arrested and charged with assault and aggravated assault. Due to his bizarre conduct during the incident and at the time of his arrest, Swain was transferred from jail to a mental health centre before trial. His condition improved with medication, and he was conditionally released into the community before trial. Swain continued to …Read more

Tags: Assault, Compulsory commitment, Compulsory confinement, Custody, Detention, Domestic abuse, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental competence, Mental disorder, Mental illness, Mental institution, Psychiatry, Psychology, Psychosis, Threat of violence, Violence against women
Download Judgment: English

R v. Chaulk

Country: Canada
Year: 1990
Court: Supreme Court
Citation: [1990] 3 SCR 1303
Health Topics: Mental health
Human Rights: Right to due process/fair trial
Facts:

The appellants were found guilty of first degree murder. At trial, expert evidence was given that the appellants suffered from a paranoid psychosis which made them believe they could rule the world, and in order to achieve this they had to kill. Although they were aware that the laws of Canada existed, the appellants did …Read more

Tags: Incapacity, Insanity, Mental capacity, Mental competence, Mental disability, Mental disorder, Mental illness, Paranoia, Psychosis, Sociopath
Download Judgment: English

W v. Egdell

Country: United Kingdom
Year: 1990
Court: Court of Appeal, Civil Division
Citation: [1989] EWCA Civ 13; [1990] 2 WLR 471; [1990] Ch 359; [1990] 1 All ER 835
Health Topics: Health care and health services, Health information, Mental health
Human Rights: Right to due process/fair trial, Right to privacy
Facts:

W pled guilty to manslaughter on the grounds of diminished responsibility for the indiscriminate killing of several people. He was diagnosed with paranoid schizophrenia and was detained indefinitely in mental hospitals. A Mental Health Tribunal recommended W’s transfer to a regional secure unit (“RSU”) in 1984. The Secretary of State refused to consent to W’s …Read more

Tags: Compulsory commitment, Compulsory confinement, Confidentiality, Disclosure, Examination, Health records, Insanity, Involuntary commitment, Involuntary confinement, Law enforcement, Mandatory commitment, Mandatory confinement, Medical records, Mental disorder, Mental illness, Mental institution, Non-disclosure, Paranoia, Psychiatry, Psychology, Psychosis, Schizophrenia, Secrecy
Download Judgment: English

Ford v. Wainwright

Country: United States
Year: 1986
Court: Supreme Court
Citation: 477 U.S. 399 (1986)
Health Topics: Mental health, Prisons
Human Rights: Freedom from torture and cruel, inhuman or degrading treatment, Right to due process/fair trial, Right to liberty and security of person, Right to life
Facts:

The Appellant, Ford, was convicted of murder in a Florida state court and sentenced to death in 1974. There was no suggestion that he was incompetent at the time of the offense, at trial, or at sentencing. However in 1982, Ford began to manifest gradual changes in behavior, which, based on a psychiatric examination, indicated …Read more

Tags: Cruel and unusual punishment, Detention, Execution, Imprisonment, Incarceration, Incompetence, Inmate, Insanity, Mental competence, Mental disability, Mental disorder, Mental illness, Mental retardation, Torture
Download Judgment: English

Luberti v. Italy

Country: Italy
Year: 1984
Court: European Court of Human Rights
Citation: App. No. 9019/80, 6 Eur. H.R. Rep. 440 (1984).
Health Topics: Health care and health services, Mental health
Human Rights: Right to due process/fair trial, Right to health, Right to liberty and security of person
Facts:

Applicant, Luberti, an Italian national, shot and killed his mistress and was sentenced to twenty years imprisonment. The applicant pleaded insanity and several experts concluded that the applicant was suffering from mental illness. These findings were accepted by the Court of Appeal and he was acquitted on grounds of mental incapacity and the applicant was …Read more

Tags: Compulsory commitment, Compulsory confinement, Incapacity, Insanity, Involuntary commitment, Involuntary confinement, Mandatory commitment, Mandatory confinement, Mental disability, Mental disorder, Mental illness, Paranoia, Psychiatry, Psychosis
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Rouse v. Cameron (No. 2)

Country: United States
Year: 1967
Court: District of Columbia Circuit Court of Appeals
Citation: 387 F.2d 241 (1967)
Health Topics: Mental health
Human Rights: Right to due process/fair trial
Facts:

Petitioner Rouse brought this habeas corpus action alleging that he had been unlawfully committed to a hospital for the mentally ill because he had not voluntarily and knowingly introduced the insanity defense or authorized his attorney to do so during his trial on a misdemeanor charge of carrying a weapon without a license. When he …Read more

Tags: Compulsory commitment, Incapacity, Incompetence, Insanity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology
Download Judgment: English

Rouse v. Cameron (No. 1)

Country: United States
Year: 1966
Court: District of Columbia Circuit Court of Appeals
Citation: 373 F.2d 451 (1966)
Health Topics: Mental health
Human Rights: Right to health, Right to liberty and security of person
Facts:

In 1962, Appellant Rouse was involuntarily committed to a mental hospital pursuant to D.C. Code § 24-301 after being found not guilty by reason of insanity of carrying a dangerous weapon, a misdemeanor for which the maximum imprisonment was one year. Rouse challenged his commitment on grounds of habeas corpus; he had been confined for …Read more

Tags: Compulsory commitment, Incapacity, Incompetence, Insanity, Involuntary commitment, Mandatory commitment, Mental competence, Mental disability, Mental disorder, Mental illness, Mental institution, Mental retardation, Psychiatry, Psychology
Download Judgment: English