n South African Journal of Criminal Justice - Pathological criminal incapacity and the conceptual interface between law and medicine

Volume 25, Issue 1
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



This article addresses the problematic conceptual interface between law and the fields of psychiatry and psychology when the defence of pathological criminal incapacity is raised in a criminal court. The definition and assessment of 'mental illness' or 'mental defect' as threshold requirements for the defence are analyzed according to the medical model, legal model and cross-dimensional model of mental illness.

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