The classical origins of the insanity defence. (Homicide and Mental Disorder Lecture series. Book 2)
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The classical origins of the insanity defence. (Homicide and Mental Disorder Lecture series. Book 2)
Ask a group of 21st Century students what springs to mind when they hear the word ‘Homer’ and you might receive some very 21st century replies. It is perhaps more likely that time will have been spent enjoying The Simpsons rather than studying the Iliad. Students may have a passing knowledge of the influence of classical civilization but most will not identify its influence on terminology such as ‘frenzy’, ‘fury’, ‘mania’, ‘schizophrenia’, ‘insanity’ and ‘homicide’. Some contemporary text books make passing reference to the classical origin of the insanity defence, distilling hundreds of years of thought into a few sentences. This essay explores the topic in greater detail. For readers new to classical history and those more familiar with the topic the footnotes provide historic context and further reading. The central theme is that in pre-Christian Europe people struggled to understand and respond to acts of killing associated with altered states of mind. They struggled to understand why such events occurred, what to do with the perpetrator, the responsibility of the carers of the perpetrator and how to respond to malingering. These are some of the same challenges facing forensic mental health services today. By reflecting on their understanding we can appreciate how some current practices evolved and also reflect on how these homicides are managed today. At the very least, readers will conclude that killing carried out by someone who is mentally unwell is not a new phenomenon.