Psychopathology in the Legal Context Essay

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Abnormality: A Legal Concept

One of the earliest explanations of mental illnesses and abnormality, dating as far back to the late sixteenth and seventeenth centuries, was possession by evil spirits and acts of devil himself. Even in modern times, it is difficult to define abnormality as it can take many different forms and involve various different features.

Abnormality can be defined in a number of ways. Considered as a deviation from the ideal mental health, it can be characterized as unusual behavior that is different from the norm and/or doesn't conform to the social expectations. It also involves the failure of a person to function effectively or that there is a presence of pronounced psychological suffering or distress (Kagan, 2008). Psychopathology is a term that refers to the study of mental illnesses or mental distress and how it manifests on a person in terms of behavior and experiences. Such a study allows the detection of psychological impairment and helps treat the person accordingly. Psychiatrists are usually very interested in descriptive psychopathology, which aims to zero-in on the symptoms and syndromes of mental illness.

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In legal terms, all forms of abnormality are termed as insanity (Arce, 2010).

Persons are considered criminally liable for their actions only if they can be taken as to be responsible for their actions. The Courts do not punish the alleged criminals unless it finds them guilty and conscientious for their actions. Therefore, a person is dubbed insane by the Court of Law, when he/she is unable, due to inherent limitations of their medical condition, to discern right from wrong. The responsibility of one's actions stems from a person's awareness and their capabilities of controlling their actions. If a criminal is unaware of the consequences of their acts or has not control over them (despite their awareness), then they shouldn't be responsible for their resultant acts. According to the legal system, no person is to be convicted of any criminal charge when at the time of the act or omission alleged against that person, he/she was suffering from a mental disorder, and by reason of such a mental disease,….....

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