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 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 2018-06-20 with total page 352 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 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 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 Unfitness to plead written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2010-10-27 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper discusses the law on unfitness to plead or to be tried in criminal proceedings. The law on unfitness to plead is concerned with whether or not an accused is able to stand trial and, if not, the procedure that should be used to deal with that accused. Where there is an issue of unfitness to plead it is not the accused's guilt that is considered but whether they are 'under a disability' and if so the jury must determine whether or not the accused did the act or made the omission charged. In this paper the analysis of the modern law on unfitness to plead is set within the broader context of the law relating to vulnerable defendants, the Mental Health Act 1983 as amended by the Mental Health Act 2007, and the Mental Capacity Act 2005. A number of proposals are put forward, primarily that there should be a new revised single legal test which assesses whether the accused has decision-making capacity for trial. The test should not require that any decision the accused makes must be rational or wise
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 Assessments in Forensic Practice written by Kevin D. Browne and published by John Wiley & Sons. This book was released on 2017-05-08 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assessments in Forensic Practice: A Handbook provides practical guidance in the assessment of the most frequently encountered offender subgroups found within the criminal justice system. Topics include: criminal justice assessments offenders with mental disorders family violence policy and practice
Download or read book European Criminal Law written by André Klip and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: European criminal law is explained as a multi-level field of law, in which the European Union has a normative influence on substantive criminal law, criminal procedure and on the co-operation between Member States. This book aims to describe the contours of the emerging criminal justice system of the European Union and to present a coherent picture of the legislation enacted and the case law on European Union Level and its influence on national criminal law and criminal procedure. Among the topics and questions covered in this book are the following: What does mutual recognition mean in the context of the European Arrest Warrant? How can European Union law be invoked by an accused? When is the Charter of Fundamental Freedoms applicable in national criminal proceedings? These and other pertinent questions are dealt with on the basis of an-in-depth analysis of the case law of the Court of Justice and legislation. In addition, the book challenges the reader to assess the mutual (and sometimes conflicting) influence of European Union law and national criminal law respectively and explains how European Union law will usually prevail although national criminal law still remains relevant. The book covers a wealth of court decisions and legal instruments making European Criminal Law, written for practitioners, academics and students, an invaluable source for every European and criminal lawyer This second updated and extended edition covers all recent developments since the entry into force of the Treaty of Lisbon in 2009. Book jacket.
Download or read book Mental Health and Punishments written by Paul Taylor and published by Routledge. This book was released on 2020-06-09 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: How might we best manage those who have offended but have mental vulnerabilities? How are risks identified, managed and minimised? What are ideological differences of care and control, punishment and therapy negotiated in practice? These questions are just some which are debated in the eleven chapters of this book. Each with their focus on a given area, authors raise the challenges, controversies, dilemmas and concerns attached to this particular context of delivering justice. Taking insights on imprisonment, community punishments and forensic services, this book provides a broad analysis of environments. But it also casts a critical light on how punishment of the mentally vulnerable sits within public attitudes and ideas, policy discourses, and the ways in which those seen to present as risky and dangerous are imagined. Written in a clear and direct style, this book serves as a valuable resource for those studying, working or researching at the intersections of healthcare and criminal justice domains. This book is essential reading for students and practitioners within the fields of criminology and criminal justice, social work, forensic psychology, forensic psychiatry, mental health nursing and probation.
Download or read book To Plead Our Own Cause written by Kevin Bales and published by Cornell University Press. This book was released on 2013-09-30 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Boys strapped to carpet looms in India, women trafficked into sex slavery across Europe, children born into bondage in Mauritania, and migrants imprisoned at gunpoint in the United States are just a few of the many forms slavery takes in the twenty-first century. There are twenty-seven million slaves alive today, more than at any point in history, and they are found on every continent in the world except Antarctica. To Plead Our Own Cause contains ninety-five narratives by slaves and former slaves from around the globe. Told in the words of slaves themselves, the narratives movingly and eloquently chronicle the horrors of contemporary slavery, the process of becoming free, and the challenges faced by former slaves as they build a life in freedom. An editors' introduction lays out the historical, economic, and political background to modern slavery, the literary tradition of the slave narrative, and a variety of ways we can all help end slavery today. Halting the contemporary slave trade is one of the great human-rights issues of our time. But just as slavery is not over, neither is the will to achieve freedom, "plead" the cause of liberation, and advocate abolition. Putting the slave's voice back at the heart of the abolitionist movement, To Plead Our Own Cause gives occasion for both action and hope.
Download or read book Criminal Justice in New Zealand written by Julia Tolmie and published by . This book was released on 2007 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 The Ethics of Plea Bargaining written by Richard L. Lippke and published by . This book was released on 2011 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The practice of plea bargaining plays a hugely significant role in the adjudication of criminal charges and has provoked intense debate about its legitimacy. This book offers the first full-length philosophical analysis of the ethics of plea bargaining. It develops a sustained argument for restrained forms of the practice and against the free-wheeling versions that predominate in the United States. In countries that have endorsed plea bargains, such as the United States, upwards of ninety percent of criminal defendants plead guilty rather than go to trial. Yet trials, which grant a presumption of innocence to defendants and place a substantial burden of proof on the state to establish guilt, are widely regarded as the most appropriate mechanisms for fairly and accurately assigning criminal sanctions. How is it that many countries have abandoned the formal rules and rigorous standards of public trials in favor of informal and veiled negotiations between state officials and criminal defendants concerning the punishment to which the latter will be subjected? More importantly, how persuasive are the myriad justifications that have been provided for plea bargaining? These are the questions addressed in this book. Examining the legal processes by which individuals are moved through the criminal justice system, the fairness of those processes, and the ways in which they reproduce social inequality, this book offers an ethical argument for restrained forms of plea bargaining. It also provides a comparison between the different plea bargaining regimes that exist within the US, where it is well-established, England and Wales, where the practice is coming under considerable critique, and the European Union, where debate continues on whether it coheres with inquisitorial legal regimes. It suggests that rewards for admitting guilt are distinguished from penalties for exercising the right to trial, and argues for modest, fixed sentence reductions for defendants who admit their guilt. These suggestions for reform include discouraging the current practice of deliberate over-charging by prosecutors and charge bargaining, and require judges to scrutinize more closely the evidence against those accused of crimes before any guilty pleas are entered by them. Arguing that the negotiation of charges and sentences should remain the exception, not the rule, it nevertheless puts forward a normative defense for the reform and retention of the plea bargaining system.
Download or read book Trial Manual 6 for the Defense of Criminal Cases 2019 Supplement written by Anthony G. Amsterdam and published by . This book was released on 2019-10 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Appraising Strict Liability written by A. P. Simester and published by Oxford Monographs on Criminal. This book was released on 2005 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strict liability is a controversial phenomenon in the criminal law because of its potential to convict blameless persons. Offences are said to impose strict liability when, in relation to one or more elements of the actus reus, there is no need for the prosecution to prove a corresponding mensrea or fault element. For example, in the 1986 case of Storkwain, the defendant chemists were convicted of selling controlled medicines without prescription simply upon proof that they had in fact done so. It was irrelevant that they neither knew nor had reason to suspect that the 'prescriptions'they fulfilled were forgeries. Thus strict liability offences have the potential to generate criminal convictions of persons who are morally innocent.Appraising Strict Liability is a collection of original contributions offering the first full-length consideration of the problem of strict liability in the criminal law. The chapters, including European and Anglo-American perspectives, provide a sustained and wide-ranging examination of thefundamental issues. They explore the definition of strict liability; the relationship between strict liability and blame, and its implications for the requirement for culpability in criminal law; the relevance of European and human rights jurisprudence; and the interaction between substantive rulesof strict liability and evidential presumptions.The breadth and depth of the contributions combine to present readers with a sophisticated analysis of the place and legitimacy of strict liability in the criminal law.
