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Unpublished Paper
DR.JEKYL AND MR.HYDE: Defending under the Convolution of Insanity and Intoxication
(2011)
  • Rachel Rose Ostrander
Abstract

The classic paradox of the dueling personalities of Dr. Jekyll and Mr. Hyde is exemplary of one of Ms. Ostrander’s most researched topics, the duality of law and the binary relationship in law which has been largely characterized as being fundamentally divided between the desire for autonomy and equal treatment, and the need for constraint to protect people within society from the dangers of the world. The interests of each are important and conflicting, making the argument complex for how to promote the goals of the justice system.

This particular case study raises serious legal questions about the convolution of insanity vs. intoxication under the law. This yet to be published article is still under construction, as Ms. Ostrander tackles the issue from the varying dual perspectives. Criminal Law is generally not a body of law with a lot of unsettled, grey area, left up for debate. The varying approaches among the states to this issue have resulted in a unpredictable defense strategy outcome where the issues of insanity and intoxication are both involved. "DR.JEKYL AND MR.HYDE: Defending under the Convolution of Insanity and Intoxication," examines the varying approaches and their results, along with the complicated and difficult to understand goals of the criminal law system.

Ultimately the article seeks to make a suggestion on how to handle these issues from a defense standpoint, where the objective is to provide an avenue for rehabilitation, not retribution. Ms. Ostrander suggests that under the current criminal scheme, there is no adequate opportunity for rehabilitation.

Keywords
  • criminal law
Publication Date
2011
Citation Information
Rachel Rose Ostrander. "DR.JEKYL AND MR.HYDE: Defending under the Convolution of Insanity and Intoxication" (2011)
Available at: http://works.bepress.com/rachel_ostrander/3/