Exploring Premenstrual Syndrome in Criminal Law

Exploring premenstrual Syndrome in bend LawPremenstrual Syndrome (premenstrual syndrome) has play a part in the affection of a womens life for numerous years. The development of biologic Theories has made fairness enforcement, attorneys, and even society composition the connection biology has with individuals, particularly women for this manuscript, who believe crime. With the research gathered and studies per contour lineed, the court ashes has yet to adopt premenstrual syndrome as a suitable reason for defense reaction. Until throw out evaluations of premenstrual syndrome fuel be studied, the validity of the previous test results will more than apt(predicate) be questi sensationd when introduced in court and it will be less possible to be gener completelyy accepted.Biological Theory Analysis Exploring Premenstrual Syndrome in Criminal LawCrime in America happens any and everywhere, all the time and there will always be a attorney out there trying to get wickeds a les ser penalty or no jail time for their crime. An individuals biology comes into question when attorneys ar trying to build a defense once morest any type of twist activity. Schmalleger (2007) states that Biology Theory is a theory that maintains the basic determinants of human behavior, including criminality, atomic number 18 constitutionally or physiologically based and often inherited. in that location be rough(prenominal) aspects that biologic theories coer however, the focus of this manuscript will be on body chemistry. Body Chemistry is the category that Premenstrual Syndrome (premenstrual syndrome) would be classified under. The comment of PMS will be examined, in skill and how it is attached to a womens life. Next, there will be a banter on the symptoms that bay window occur in a womens body and further investigations on PMS eggshells that commence been tried prosperously. Furthermore, there will be a section addressing the opposing views of utilise PMS as a defense.Literature ReviewIn order to discuss PMS, a unequivocal definition of this syndrome was needed. The definition was acquired from a known and highly recommended site called WebMD (20010) and this website has been providing enlightening information for many years. Along with the PMS definition, there was also a list of common symptoms that were provided that occurs when women are on their menstrual cycle.Cullen and Ag brisk (2006) essential readings pretend up an article that was delivered by David Rowe and it discusses the biologic theories of nature and the exposure to individuals physical anticipate parts. Schmalleger (2007) speaks more or less the many aspects of biological theories of crime causation and its many assumptions on with the body type of criminals and its beginning stages of phrenology. Phrenology was premiere introduced in the 19th nose candy and had the western world thinking more about the heeds of criminals and punishment (Rafter, 2008). there has been some debate among professionals when addressing the disorder of PMS. Gallant, Popeil, H makeman, Chakraborty, Hamilton (1992) keep performed a study that showed no significant difference between women under the influence of PMS to women who were not. disrespect this, there have been studies performed on the effectuate of other syndromes that have been connected to PMS. Gehlert, Song, Chang, Hartlage (2009) studied the prevalence of Premenstrual infelicitous cark (PMDD) and the effects it has on women and Gallant, Popeil, Hoffman, Chakraborty, Hamilton (1992) have participated in daily studies to confirm Late Luteal material body Dysphoric Disorder (LLPDD).Other research has been reviewed and compared to Dr. Katherina Dalton, an expert on PMS analysis and the effects that woman have while experiencing Premenstrual Syndrome (PMS) symptoms. Downs (2002) researched the culpableness of the PMS defense and its evolvement into psychosis if not treated. Ostovich, and Sabi ni (2005) performed a study that compared men and women and the effects gender has when going through or reaching puberty in its final stages.Easteal (1991) discusses PMS in the courtroom and how the effects of PMS may cause automatism in certain women. There are sections that cover the leaning the disorder brings to women in society and its credibility issues men have about women and crime. Davidson (2000) explores several fictitious characters that have been tried in different judicial system and have had successful outcomes while trying to introduce a hormonal defense that connects PMS and postpartum psychosis.DiscussionBiological TheoryBiological Theories make several assumptions which allow (1) the brain being an organ of the mind and the locus of personality, (2) the basic determinants of human behavior, include criminal tendencies, constitutionally or genetically based (3) observed gender features may be partially the result of biological differences between the sexes a nd racial groups, (4) much of human discharge is fundagenially rooted in instinctive behavior, (5) basic determinants of human behavior, include criminality, from generation to generation (inherited), (6) biological roots have become progressively disguised, (7) some human is the result of biological propensities from developmental stages, and (8) interplay among heredity, biology, and the affectionate environs provides the nexus for any realistic of crime causation (Schmalleger, 2006).With that being said, biological theories began being dissected into stages to focus on the brain. Franz Joseph Gall was 1 of the first criminal anthropologists that studied the human skull and that study was called Phrenology. Many followed after his breakthrough and Rafter (2008) developed a book that described a diagnosing of criminality and other abnormalities by studying the contours of the skull. Although the skull had a number of kindle assumptions, phrenology eventually phased itself ou t as one of the crucial theories in identifying biological connections in crime. In time, analyst such as David Rowe gathered entropy on certain aspects of research that foc apply on the chemical messages, or neurotransmitters that transmit signals between neurons in the brain, e.g., serotonin, and the hormones that help regu ripe such things as responding to stressors (Cullen, Agnew, 2006).PMS means what?PMS stands for Premenstrual Syndrome and the debate over using this ailment as an acceptable defense has been the topic of many disputative discussions between professionals. WebMD (2010) defines PMS as the physical and psychological symptoms that occur in the week before a womens menstrual period. There are over 150 common symptoms of PMS that intimately women experience and they categorized into triad parts Physical, Emotional, and Behavioral. nigh of PMS symptoms include leg and stomach cramping, group AB bloating, pack pain, Acne, breast swelling, anxiety, dizzy spells, anger, crying, Libido changes, accident prone, social isolation, hysteria, headaches, depression, mood swings, fatigue, insomnia, and many others (Easteal, 1991). For most women these symptoms appear for a short period of time, usually a week before the menstrual period and they disappear during or rightfulness before the cycle begins.Late Luteal Phase Dysphoric DisorderThe American Psychiatric Association (APA) began indentifying mental disorders of individuals and recording the data to one day create a manual that would assist medical professionals on how to classify certain syndromes by their symptoms. Late Luteal Phase Dysphoric Disorder (LLPDD) was developed to the DSM III-R to provide a systematic set of criteria for establishing a premenstrual mood disorder (Gallant, et. al., 1992). Some of the symptoms that women have to have include being sad, tearful, angry, anxiety, fatigue, insomnia, change in appetite, difficult concentrating as well as many other physical maladies. LL PDD was created so that professionals would be able to sign it from Premenstrual Syndrome (PMS) and diagnose criteria that included psychological disturbances that seriously interfered with counterfeit, ordinary social activities, relationships, and arise during the luteal phase of the menstrual cycle, ending within a few days of the onset of menstruation (Downs, 2002). Premenstrual Dsyphoric Disorder (PMDD) became the new name for LLPDD and the new studies aimed to determine the prevalence of PMDD using all quadruple DSM-IV research diagnostic criteria (Gehlert, et., al., 2009). For the full diagnostic criteria of LLPDD, see Appendix A.PMS Based DefensesThere have been lessons as early as the late 1800s where a case of Premenstrual Syndrome (PMS) have been used in court. The cases used PMS as a opener for the suspect to eventually invoke temporary hallucination. Insanity has many variations of its clinical interpretation, however, this manuscript will utilize the WebMD (2010 ) definition, which states lunacy as the lack of understanding or having the mental contentedness to enter into a rational state of normal responsibility. In the fall in States (US) twain fundamental requirements are common to test for when determining insanity. The two fundamental elements are (1) the defendant must suffer from a mental disease or defect, and (2) a casual relationship must cost between the disease or defect and the criminal offense (Downs, 2002).There is a defense that the US has recognized that is somewhat similar to an insanity plea and it is called automatism. Those who have studied insanity have connected the definition of automatism to insanity which states that individuals have an unconscious state of mind when committing a crime. Some researchers, such as Ostovich, Sabini (2005) have tried to link the beginning stages of puberty to account for some of the outburst of crime latter scene in women and men. The study explored the young adults first encount ers with adult social and sexual behavior, attitudes, and work environment merely the examination did not have enough rise to support its claim.Another defense strategy is the diminished capacity (DC) diagnosis. different automatism, a DC diagnosis is to focus on trying for a lesser declare for the criminal act and not the conduct. If the defense handles the case with care and understanding, charges for heinous crimes will be reduced, which has been proven in several cases in England (Downs. 2002).Use in the CourtroomThe studies that have been performed on women and their experiences with Premenstrual Syndrome (PMS) have evolved into PMS being used as a defense in criminal cases. Davidson (2000) devised a section in his research that takes a deeper look into PMS in the courtroom.The majority of these cases took place overseas and has muckle across the globe interested in how the system had derived at some of their conclusions. One of the most notorious cases involved a woman na med Craddock. Craddock was a barmaid in 1980 and she had murdered one of her co-workers. Craddock had many other crimes under her belt out and she possessed a diary that kept a record of her risky behavior. An expert on PMS, Dr. Katherina Dalton was asked to review Craddocks case and determine if PMS had played a part in her crime. Cradock was found guilty of manslaughter (based on a plea of diminished capacity) and not murder due to the experts testimony that PMS turned Craddock into a ranging lunatic. Later, a figure had further reduced her sentence by allowing Cradock to not receive any jail time but to be placed on probation and medical treatment of progesterone. Progesterone is one of the medications that has been given to women to alleviate some of their symptoms bring them back to some form of normalcy.In the following year, 1981, Craddock had changed her name to smith and managed to stay out of headache until her dosage of progesterone was reduced. Smith had threatened to kill herself and a patrol officer on two separate occasions. Smith was once again convicted of all charges and still not awarded prison time. In the case of Regina v. Smith, Smith received probation relying on Smiths PMS in mitigation.The first American case that used Premenstrual Syndrome (PMS) as a defense occurred in pile v. Santos in 1982. Santos was being charged of child battering. The case was resolved through a plea bargain because Santos admitted to beating her child at the pre-trial. However, Santos claims that she suffered a black out due to PMS. This information was presented by the defense to the judge who still decided to plea in favor of the defendant and the case ended with Santos getting probation.ControversyPMS being applied to criminal law has bought about some resistance from a variety of people. The groups with the most to say about this topic are feminist groups. Feminist groups have their beliefs on this matter and do not want to give off the wrong impres sion of being un sympathetic. PMS is a disorder that should be considered under the proper conditions, as long as it does not separate all women and is not used frivolously for the defendants or the attorneys amusement in criminal proceedings (Easteal, 1991). There is also the concern that men who are being charged with domestic abuse will start to take advantage of PMS and use it to their advantage. In other words, men can claim that their wife become so annoying that he had to do something to make her stop. The fear of society not understanding Premenstrual Syndrome (PMS) and not realizing that all women falter to the same symptoms is what makes this syndrome so controversial.ConclusionPremenstrual Syndrome is a disorder that affects many women physically and in some cases, mentally. Several cases have applied PMS to a criminal defense and have been successful but the success came attached with mitigation to some form of insanity and as we all know, insanity is difficult to prove , not a ofttimes used defense and almost always raises some kind of tilt (Davidson, 2000). If more research and funding can be applied to the study of biological theories and the connection it has to women and PMS, maybe the acceptance of PMS as a criminal defense will be taken more seriously.