Syndrome-Based Defenses
Syndrome-Based Defenses, Title Page
The Exploration of Unique Syndrome-Based Defenses
Kathryn Davis
Nelson Staples
CRJS 256 Criminal Law
March 25, 2010
Syndrome-Based Defenses 1
Abstract
Many court cases involve some type of syndrome-based defense, whether it be anything from battered women’s syndrome to Vietnam syndrome to fetal alcohol syndrome to attention deficit disorder. In these cases, the accused tries to use their disease or disorder as a reason to get a not guilty charge. A syndrome-based defense is a defense based on the acceptability of syndrome-related claims. Since syndromes are viewed as diseases or disorders, we might anticipate the development based on other disorders, perhaps Alzheimer’s, alcoholism, or drug addiction. Though the use of such defenses is on the rise, the success rate of said defenses has yet to change.
Syndrome-Based Defenses 2
The Exploration of Unique Syndrome-Based Defenses A syndrome is defined as a “complex of signs and symptoms presenting a clinical picture of a disease or disorder.” A syndrome-based defense is a “defense predicated on, or substantially enhanced by, the acceptability of syndrome-related claims.” Some types of syndrome-based defenses when it comes to parents in particular are parental abuse syndrome, fetal alcohol syndrome, adopted child syndrome, mother lion syndrome, parental alienation syndrome, Munchausen-by-proxy syndrome, and distant father syndrome. Parental abuse syndrome was the defense used by brothers Lyle and Erik Menendez, who claimed that the reason they killed their mother and father was because they had both been brutally abused by their parents as children. Fetal alcohol syndrome is used as a defense when a person claims that the reason they committed the crime was because their mother drank alcohol while she was pregnant with the accused. Adopted child syndrome is a defense in which the person claims that they committed the crime while under a “sleeper effect” after finding out
The Exploration of Unique Syndrome-Based Defenses
Kathryn Davis
Nelson Staples
CRJS 256 Criminal Law
March 25, 2010
Syndrome-Based Defenses 1
Abstract
Many court cases involve some type of syndrome-based defense, whether it be anything from battered women’s syndrome to Vietnam syndrome to fetal alcohol syndrome to attention deficit disorder. In these cases, the accused tries to use their disease or disorder as a reason to get a not guilty charge. A syndrome-based defense is a defense based on the acceptability of syndrome-related claims. Since syndromes are viewed as diseases or disorders, we might anticipate the development based on other disorders, perhaps Alzheimer’s, alcoholism, or drug addiction. Though the use of such defenses is on the rise, the success rate of said defenses has yet to change.
Syndrome-Based Defenses 2
The Exploration of Unique Syndrome-Based Defenses A syndrome is defined as a “complex of signs and symptoms presenting a clinical picture of a disease or disorder.” A syndrome-based defense is a “defense predicated on, or substantially enhanced by, the acceptability of syndrome-related claims.” Some types of syndrome-based defenses when it comes to parents in particular are parental abuse syndrome, fetal alcohol syndrome, adopted child syndrome, mother lion syndrome, parental alienation syndrome, Munchausen-by-proxy syndrome, and distant father syndrome. Parental abuse syndrome was the defense used by brothers Lyle and Erik Menendez, who claimed that the reason they killed their mother and father was because they had both been brutally abused by their parents as children. Fetal alcohol syndrome is used as a defense when a person claims that the reason they committed the crime was because their mother drank alcohol while she was pregnant with the accused. Adopted child syndrome is a defense in which the person claims that they committed the crime while under a “sleeper effect” after finding out
References: A.D.A.M., Inc. (2010) Chronic Fatigue Syndrome https://health.google.com/health/ref/Chronic+fatigue+syndrome O’Connor, T. (2006, July 08) Emerging Defenses To Crime http://www.apsu.edu/oconnort/3020/3020lect05a.htm Renteln, A.D. (2004) The Cultural Defense New York: Oxford University Press, Vol. 14, No. 5 http://www.bsos.umd.edu/gvpt/lpbr/subpages/new-reviews/renteln504.htm Schmalleger, F., Hall, D. E., Dolatowski, J. J. (2010) Criminal Law Today. Upper Saddle River: Pearson Education, Inc. Shellow Group, The. (2009) Mental Health and Syndrome-Based Defenses: Abuse, Battered Woman Syndrome, and Other Factors In Criminal Cases http://www.theshellowgroup.com/PracticeAreas/Mental-Health-Syndrome-Based-Defenses.html