Criminal Law and Psychopathy
an individual’s right to freedom can be taken away. As has been provided for in law, when an individual poses a significant threat to self (parens patriae) and to the society (police powers), then there are sufficient grounds to curtail such an individual’s liberty. It should be noted that parens patriae cannot be used as a basis for taking away the freedom of a psychopath because the said powers are designed to be tools through which those who have no capacity to help themselves can be assisted. A good example in this case would be the need to protect a child from an abusive guardian. The goal of invoking parens patriae, therefore, is not incarceration… Continue Reading...
