Madness or Dementia in Chilean Criminal Law
Development in Chile
Glen believed that modern psychiatry misapplied the terms “madness” and “insanity.” He preferred the term “alienated” to designate individuals suffering from a mental disorder affecting criminal responsibility.
Novoa stated that the terms “crazy” or “insane” referred to individuals with severe, permanent mental impairment. He aimed to include all individuals with a pathological impairment of mind, lacking the psychic ability to understand legal duty and adjust their behavior accordingly.
Etcheberry criticized the lack of precise meaning for “crazy” or “insane.” Like Labatut, he preferred “mental illness,” defining it as a profound alteration of mental faculties preventing individuals from managing their behavior according to legal demands.
Cury found “madness” and “dementia” imprecise, preferring to highlight the quantitative anomalies in personality where traits are hypertrophied or diminished, causing significant changes.
Garrido Montt argued against equating psychiatric disorders with “madness” or “dementia.” He noted a broad spectrum of mental disorders with varying criminal repercussions.
Náquira considered “crazy” or “insane” as legal terms referring to any disorder permanently affecting higher psychic powers (intelligence, will, consciousness), thus removing accountability.
Characteristics of Madness or Dementia from a Criminal Law Standpoint
Following Náquira and case law, key features of this cause of criminal irresponsibility include:
- Psychopathological State of Alienation: The individual is “sick, disturbed, or disordered” at the time of the offense.
- Impairment of Intellectual and/or Volitional Faculties: The law often uses phrases like “totally deprived of reason.” Náquira emphasizes the absence of intent in crimes committed due to madness or dementia.
Most Common Disorders Included in Madness or Dementia
Escamilla categorized relevant disorders as follows:
- Morbid Mental Disturbance (Psychosis)
- Profound Disturbance of Consciousness (Psychobiological or psychological disturbances)
- Oligophrenia
- Other Serious Psychological Abnormalities (Psychopathy, neuroses, sexual disturbances)
Diseases and Disorders Problematic from a Criminal Law Standpoint
- Mental Retardation (Oligophrenia): A condition acquired early in life disrupting mental development. Doll’s criteria for mental retardation include social incompetence, mental subnormality, developmental delays, and constitutional origin. Legal implications vary depending on the severity of the retardation.
- Psychopathic Personalities: Psychopathy is an abnormal personality, not a mental illness. Psychopaths maintain adaptability and mental function but exhibit abnormalities of low gravity. Case law generally excludes psychopathy from madness or dementia due to the retention of higher intellectual faculties and the ability to reason and understand responsibility.