Download or read book Fitness to Plead in England and Wales written by Don Grubin and published by Psychology Press. This book was released on 1996 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a review of all individuals found unfit in England and Wales between 1976 and 1988, this book provides detailed information about those found unfit to plead and the circumstances associated with their findings, together with follow-up of
Download or read book Fitness To Plead In England And Wales written by Donald Grubin and published by Psychology Press. This book was released on 2013-06-20 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of fitness to plead has its origins in the medieval courts of England, where the ritual of court proceedings demanded that accused individuals respond to the charges against them. Being fit to plead, however, has involved into a fundamental principle of British law and those legal systems that have evolved from it, and it is now associated with the principle of a fair trial. But in spite of its long heritage, the meaning of "being fit to plead", its implications and its consequences all remain vague. Little research has taken place in relation to the concept or its applications in England and Wales, and much of what has been said about fitness to plead has taken place in a factual vacuum.; This book is the result of extensive research into both the development of the concept of fitness to plead and its application. It is based on a review of all individuals found unfit in England and Wales between 1976 and 1988 and provides detailed information about those found unfit to plead and the circumstances associated with their findings, together with follow-up of the psychiatric and legal outcomes. Problems with the working of the law in relation to fitness to plead are discussed and recent changes to it are critically reviewed. The end result is a full consideration of whether the modern concept of fitness to plead protects individuals from unfair trials, and the courts from miscarriages of justice.
Download or read book Fitness to Stand Trial written by Donald Paull and published by Charles C. Thomas Publisher. This book was released on 1993 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fitness to Plead written by Ronnie Mackay and published by Oxford University Press. This book was released on 2018-06-21 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.
Download or read book Manifest Madness written by Arlie Loughnan and published by Oxford University Press, USA. This book was released on 2012-04-19 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, tracing their development through historical cases to the modern era.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Fitness To Plead In England And Wales written by Donald Grubin and published by Psychology Press. This book was released on 2013-06-20 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of fitness to plead has its origins in the medieval courts of England, where the ritual of court proceedings demanded that accused individuals respond to the charges against them. Being fit to plead, however, has involved into a fundamental principle of British law and those legal systems that have evolved from it, and it is now associated with the principle of a fair trial. But in spite of its long heritage, the meaning of "being fit to plead", its implications and its consequences all remain vague. Little research has taken place in relation to the concept or its applications in England and Wales, and much of what has been said about fitness to plead has taken place in a factual vacuum.; This book is the result of extensive research into both the development of the concept of fitness to plead and its application. It is based on a review of all individuals found unfit in England and Wales between 1976 and 1988 and provides detailed information about those found unfit to plead and the circumstances associated with their findings, together with follow-up of the psychiatric and legal outcomes. Problems with the working of the law in relation to fitness to plead are discussed and recent changes to it are critically reviewed. The end result is a full consideration of whether the modern concept of fitness to plead protects individuals from unfair trials, and the courts from miscarriages of justice.
Download or read book Psycho Criminological Perspective of Criminal Justice in Asia written by Heng Choon (Oliver) Chan and published by Taylor & Francis. This book was released on 2017-03-27 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers both theoretical and practical examinations of the psycho-criminology of criminal justice in Asia, with particular emphasis on the Hong Kong and Singapore contexts. It is designed to present the current state of the field, which addresses key topics in three major sub-areas – policing and legal system, offender rehabilitation and treatment, and research and future directions. Written by academics with extensive research experience in their respective topics and senior ranking practitioners in their fields, topics include psychologists’ involvement in different aspects of forensic investigation, police emotional reactions to major incidents, the application of psychological approaches in developing offender rehabilitation and treatment modules to address different offender’s criminogenic needs, and legal issues related to the insanity defence, fitness to plead, the jury system, and the procedural justice and legitimacy. An important reference for post-graduate courses, this book will be of special interest to criminologists and psychologists working in forensic settings, mental health professionals, policy-makers, police personnel, prison officials, and legal executives. Chapters include: 1. Youth gang offenders in Singapore 2. Offender rehabilitation: the Hong Kong Correctional Services Department 3. Juries as decision makers in East Asian judicial systems: Hong Kong, the Mainland China, South Korea, and Japan 4. The psychology of violent extremism: what we know and what else we need to do
Download or read book DSM 5 and the Law written by Charles L. Scott and published by Oxford University Press, USA. This book was released on 2015 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Paralegal program 101101.
Download or read book Insanity written by Charles Patrick Ewing and published by Oxford University Press. This book was released on 2008-04-07 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insanity defense is one of the oldest fixtures of the Anglo-American legal tradition. Though it is available to people charged with virtually any crime, and is often employed without controversy, homicide defendants who raise the insanity defense are often viewed by the public and even the legal system as trying to get away with murder. Often it seems that legal result of an insanity defense is unpredictable, and is determined not by the defendants mental state, but by their lawyers and psychologists influence. From the thousands of murder cases in which defendants have claimed insanity, Doctor Ewing has chosen ten of the most influential and widely varied. Some were successful in their insanity plea, while others were rejected. Some of the defendants remain household names years after the fact, like Jack Ruby, while others were never nationally publicized. Regardless of the circumstances, each case considered here was extremely controversial, hotly contested, and relied heavily on lengthy testimony by expert psychologists and psychiatrists. Several of them played a major role in shaping the criminal justice system as we know it today. In this book, Ewing skillfully conveys the psychological and legal drama of each case, while providing important and fresh professional insights. For the legal or psychological professional, as well as the interested reader, Insanity will take you into the minds of some of the most incomprehensible murderers of our age.
Download or read book Criminal Law written by Jonathan Herring and published by . This book was released on 2007 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides an introduction to criminal law. It includes discussion of important case law developments in the law of provocation, consent, conspiracy and duress, and also discusses the Law Commission's proposals on the law of murder.
Download or read book Unfair written by Adam Benforado and published by Crown. This book was released on 2016-06-14 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: NEW YORK TIMES BESTSELLER • “Unfair succinctly and persuasively recounts cutting-edge research testifying to the faulty and inaccurate procedures that underpin virtually all aspects of our criminal justice system, illustrating many with case studies.”—The Boston Globe A child is gunned down by a police officer; an investigator ignores critical clues in a case; an innocent man confesses to a crime he did not commit; a jury acquits a killer. The evidence is all around us: Our system of justice is fundamentally broken. But it’s not for the reasons we tend to think, as law professor Adam Benforado argues in this eye-opening, galvanizing book. Even if the system operated exactly as it was designed to, we would still end up with wrongful convictions, trampled rights, and unequal treatment. This is because the roots of injustice lie not inside the dark hearts of racist police officers or dishonest prosecutors, but within the minds of each and every one of us. This is difficult to accept. Our nation is founded on the idea that the law is impartial, that legal cases are won or lost on the basis of evidence, careful reasoning and nuanced argument. But they may, in fact, turn on the camera angle of a defendant’s taped confession, the number of photos in a mug shot book, or a simple word choice during a cross-examination. In Unfair, Benforado shines a light on this troubling new field of research, showing, for example, that people with certain facial features receive longer sentences and that judges are far more likely to grant parole first thing in the morning. Over the last two decades, psychologists and neuroscientists have uncovered many cognitive forces that operate beyond our conscious awareness. Until we address these hidden biases head-on, Benforado argues, the social inequality we see now will only widen, as powerful players and institutions find ways to exploit the weaknesses of our legal system. Weaving together historical examples, scientific studies, and compelling court cases—from the border collie put on trial in Kentucky to the five teenagers who falsely confessed in the Central Park Jogger case—Benforado shows how our judicial processes fail to uphold our values and protect society’s weakest members. With clarity and passion, he lays out the scope of the legal system’s dysfunction and proposes a wealth of practical reforms that could prevent injustice and help us achieve true fairness and equality before the law.
Download or read book Assessing Mental Capacity written by Janice A. Mackenzie and published by Routledge. This book was released on 2020-05-04 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical, how-to handbook provides essential resources to help clinicians and other professionals assess mental capacity in key decisions. The book illustrates the basics of capacity assessments before discussing a variety of complex issues of which professionals will need to be aware. Offering expertise from a multi-disciplinary perspective, the book provides hands-on coverage of mental capacity law (concentrating on England and Wales). This book is accompanied by online resources including semi-structured interviews and a multi-disciplinary team (MDT) questionnaire which can be downloaded and used for clinical cases, as well as further examples, information and tips. Please visit www.assessingcapacity.com. Chapters are written by a variety of different professionals with extensive experience in the assessment of mental capacity. Coverage includes: Explanations of mental capacity law and how to put it into practice across a range of settings, services and populations A "how to" approach for administering assessments of mental capacity both for professionals who are new to the area and for more experienced professionals Information on practical aspects of assessing mental capacity for commonly occurring decisions and for more specialist and complex decisions Consideration of the best interests process and Liberty Protection Safeguards (LPS). With easily accessible information, case studies, examples from case law and internationally relevant discussions on ethical issues, this is the perfect companion to help busy professionals understand complex concepts relating to mental capacity.
Download or read book The Wiley Blackwell Handbook of Forensic Neuroscience written by Anthony R. Beech and published by John Wiley & Sons. This book was released on 2018-01-26 with total page 1205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores how the explosion of neuroscience-based evidence in recent years has led to a fundamental change in how forensic psychology can inform working with criminal populations. This book communicates knowledge and research findings in the neurobiological field to those who work with offenders and those who design policy for offender rehabilitation and criminal justice systems, so that practice and policy can be neurobiologically informed, and research can be enhanced. Starting with an introduction to the subject of neuroscience and forensic settings, The Wiley Blackwell Handbook of Forensic Neuroscience then offers in-depth and enlightening coverage of the neurobiology of sex and sexual attraction, aggressive behavior, and emotion regulation; the neurobiological bases to risk factors for offending such as genetics, developmental, alcohol and drugs, and mental disorders; and the neurobiology of offending, including psychopathy, antisocial personality disorders, and violent and sexual offending. The book also covers rehabilitation techniques such as brain scanning, brain-based therapy for adolescents, and compassion-focused therapy. The book itself: Covers a wide array of neuroscience research Chapters by renowned neuroscientists and criminal justice experts Topics covered include the neurobiology of aggressive behavior, the neuroscience of deception, genetic contributions to psychopathy, and neuroimaging-guided treatment Offers conclusions for practitioners and future directions for the field. The Handbook of Forensic Neuroscience is a welcome book for all researchers, practitioners, and postgraduate students involved with forensic psychology, neuroscience, law, and criminology.
Download or read book Mental Health and Crime written by Jill Peay and published by Routledge. This book was released on 2010-10-04 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does mental disorder cause crime? Does crime cause mental disorder? And if either of these could be proved to be true what consequences should stem for those who find themselves deemed mentally disordered offenders? Mental Health and Crime examines the nature of the relationship between mental disorder and crime. It concludes that the broad definition of what is an all too common human condition – mental disorder – and the widespread occurrence of an equally all too common human behaviour – that of offending – would make unlikely any definitive or easy answer to such questions. For those who offend in the context of mental disorder, many aspects of the criminal justice process, and of the disposals that follow, are adapted to take account of a relationship between mental disorder and crime. But if the very relationship is questionable, is the way in which we deal with such offenders discriminatory? Or is it perhaps to their benefit to be thought of as less responsible for their offending than fully culpable offenders? The book thus explores not only the nature of the relationship, but also the human rights and legal issues arising. It also looks at some of the permutations in the therapeutic process that can ensue when those with mental health problems are treated in the context of their offending behaviour.
Download or read book The Recognition of Aboriginal Customary Laws written by Australia. Law Reform Commission and published by Australian Government Publishing Service. This book was released on 1986 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed examination of the scope for recognition of customary laws through existing common law rules; human rights and problems of relativity of standards; contact experience; constitutional aspects; marriage and family structures; recognition of traditional marriage; protection and distribution of property; child custody, fostering and adoption; the criminal justice system; customary law offences; police investigation and interrogation; issues of evidence and procedure including unsworn statements, juries and interpreters; proof of customary law including scope of expert evidence; taking of evidence including group evidence, secrecy and privileged communications; customary methods of dispute settlement; special Aboriginal courts and justice schemes; relations with police; traditional hunting, fishing and gathering practices; relevant case law and legislation considered throughout.
Download or read book Competency to Stand Trial written by Ronald Roesch and published by Urbana : University of Illinois Press. This book was released on 1980 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:
