PMS and Crime

1
PMS and Crime
2
History

• England 1845
• Unnamed woman was acquitted of shoplifting
• England 1851
• Two women not guilty of Homicide
• Temporary Insanity as a Consequence of
  Suppression of Menstruation

3
Lombroso and Ferrero

• 1894 Study
• Of 80 Women arrested for Resistance to public
  officials 71 were menstruating

4
PMS

• Abdominal Bloating, Cramps, including leg cramps,
  Swelling of body parts, hypoglycemia
• Depression, anxiety, Anger , Guilt, Fatigue,
  Aggressiveness
• Intolerance, Irritability, Restlessness, Sugar
  and Salt Craving, Increased intake of Alcohol,
  Hysteria

5
Diagnosing PMS (Criminology)

• Symptoms must be enough to require medical
  treatment or a decrease in functioning
• No other cause of symptoms
• Ovulation or shortly thereafter
• Recurrent
• Symptoms Go away as normal part of cycle

6
PMS Research is Varied

• Some Sources say that 90 of women experience a
  small percentage of symptoms, others say 40
• 5 studies from 5 different countries Fewer than
  10 of respondents report severe symptoms (Susan
  Johnson, 1987)

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PMS as Criminal Causation

• Antisocial Behavior of any Kind is extremely Rare

8
Statistics

• 45 Per Cent of Attempted Suicides occurred during
  the week preceding Menstruation in a 1968 Study
  (Wallach and Rubin)

9
Statistics

• 67 of Alcohol Drinking Binges during PMS

10
Studies

• North Carolina Prison Study
• 41 of the inmate assaults during PMS (1971)
  (Ellis and Austin)

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Brunetti and Taff 1984

• Of 42 New York State Inmates Interviewed, 62 per
  cent were premenstrual during the crime commission

12
DOrbam and Dalton

• 156 British Women imprisoned for theft,
  prostitution and drunkenness almost half were
  during paramenstruum
• 50 Violent crime Females, 44 during PMS

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Data Collection

• Done by interviews, relying on the Statement of
  Arrestee

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Dalton

• UK Physician
• Defense Expert on PMS
• Connection with PMS and Crime
• PMS
• Depression
• Irritability
• Psychosis

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PMS As a Legal Defense

• Reid v Florida Real estate Commission (1966)
• People V Santos, Brooklyn 1982

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Insanity Defense
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History

• Henry III(1216-1272) granted pardons for those
  who killed while of unsound mind
• Edward I (1272-1307) Pardonable Homicide A
  Special Verdict Spared life, Loss of Property
• Edward II (1307-1327) Madness a defense

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The Corpus Delecti

• The Body of the Crime

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Corpus Delecti

• Mens Rea
• Actus Reus
• The Mens Rea and Actus Reus are related or fused.
• Attendant Circumstances
• In some cases, results.

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Seven Elements of a Crime

Harm
Punishment
Legality
Actus reus
Concurrence
Mens rea
Causation
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Mens Rea

• The Criminal Intent
• The Mental State Required for a crime.

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Actus Reus

• The Guilty Act
• Without an act, the crime is not consummated.
  For example, I could intend to poison a person.
  No crime is committed without carrying it out.

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Standards of Insanity

• McNaughton Rule
• Irresistable Impulse
• Substantial Capacity

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McNaughton Rule

• Oldest Insanity defense
• At the Exact Time of the Act
• Cognitive Test Must Know Right From Wrong

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Irresistable Impulse

• Supplement the McNaughton Rule
• Insane or Controlled by an Impulse

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Substantial Capactity

• Lacks Capacity
• To Appreciate His/her Criminal Conduct
• Or to Conform His Conduct to Law
• By mental disease or Defect

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One in Two Million Cases Per Year

• No Jury Appeal
• Public is Skeptical

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• McNaughton Rule 16 States
• Irresistible Impulse 4 States
• Substantial Capacity All federal Circuits,
  California (24 States)
• Other 4 States
• N Standard 3 States