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 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 Fitness to Plead in England and Wales written by Don Grubin and published by . This book was released on 1955 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Fitness to plead in England and Wales written by Don Grubin and published by . This book was released on 1996 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Expert evidence in criminal proceedings in England and Wales written by Great Britain: Law Commission and published by The Stationery Office. This book was released on 2011-03-22 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. Currently, too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. Juries may therefore be reaching conclusions on the basis of unreliable evidence, as confirmed by a number of miscarriages of justice in recent years. Following consultation on a discussion paper (LCCP 190, 2009, ISDBN 9780118404655) the Commission recommends that there should be a new reliability-based admissibility test for expert evidence in criminal proceedings. The test would not need to be applied routinely or unnecessarily, but it would be applied in appropriate cases and it would result in the exclusion of unreliable expert opinion evidence. Under the test, expert opinion evidence would not be admitted unless it was adjudged to be sufficiently reliable to go before a jury. The draft Criminal Evidence (Experts) Bill published with the report (as Appendix A) sets out the admissibility test and also provides the guidance judges would need when applying the test, setting out the key reasons why an expert's opinion evidence might be unreliable. The Bill also codifies (with slight modifications) the uncontroversial aspects of the present law, so that all the admissibility requirements for expert evidence would be set out in a single Act of Parliament and carry equal authority.
Download or read book The International Handbook on Psychopathic Disorders and the Law written by Alan Felthous and published by John Wiley & Sons. This book was released on 2008-03-10 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic impact of society’s efforts to rehabilitate and contain psychopathically disordered individuals can be enormous. Understanding these disorders, developing valid assessment methods and providing safe, effective treatments is therefore of paramount importance. Reflecting the work of a truly international panel of experts from Europe, North America and Asia, the International Handbook on Psychopathic Disorders and the Law offers an in-depth, multidisciplinary look at key aspects of the development and etiology of psychopathic disorders, current methods of intervention, treatment and management, and how these disorders impact decision-making in civil and criminal law.
Download or read book Unfair written by Adam Benforado and published by Crown. This book was released on 2015 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: A legal scholar exposes the psychological forces that undermine the American criminal justice system, arguing that unless hidden biases are addressed, social inequality will widen, and proposes reforms to prevent injustice and help achieve true equality before the law.
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 Archbold Criminal Pleading Evidence and Practice written by P. J. Richardson and published by . This book was released on 1995 with total page 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 Code of Practice written by Great Britain. Department of Health and published by The Stationery Office. This book was released on 2008 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Code of Practice is a reference tool for those dealing with, and caring for people admitted to hospital and care homes with mental health problems. Authored by the Department of Health and produced following wide consultation with those who provide and receive services under the Mental Health Act, this publication will come into force on 3 November 2008. Through the Mental Health Act 2007, the Government has updated the 1983 Act to ensure it keeps pace with the changes in the way that mental health services are - and need to be - delivered. This publication provides guidance and advice to registered medical practitioners, approved clinicians, managers and staff of hospitals, and approved mental health professionals on how they should proceed when undertaking duties under the Act. It also gives guidance to doctors and other professionals about certain aspects of medical treatment for mental disorder more generally. The Mental Health Act Code of Practice is also aimed at all of those working in primary care, Mental Health Trusts, NHS Foundation Trusts as well as solicitors and attorneys who advise on mental health law. The Code should also be beneficial to the police and ambulance services and others in health and social services (including the independent and voluntary sectors) involved in providing services to people who are, or may become, subject to compulsory measures under the Act. It will also be a guide for those working with people with specific mental health needs such as those in nursing and care homes, and those in prison.
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 Forensic Aspects of Neurodevelopmental Disorders written by Jane M. McCarthy and published by Cambridge University Press. This book was released on 2023-05-31 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evidence has shown a high prevalence of neurodevelopmental disorders amongst offenders in custodial institutions. Bringing together the latest knowledge and understanding, this book describes the needs of offenders who present with neurodevelopmental disorders, including autism spectrum disorder, ADHD, intellectual disability and foetal alcohol spectrum disorders. The book covers aetiology, prevalence, comorbid mental disorders, legal issues, assessment including risk assessments, diagnosis and therapeutic approaches. It describes care pathways through the criminal justice system across the UK and internationally, including the current and ongoing developments of services for this group. With contributions from experts in the field including psychiatrists, researchers and psychologists, this book provides a comprehensive summary of the evidence whilst ensuring the focus is for the everyday clinician working in this area. It is an invaluable resource for psychiatrists and other professionals working across the criminal justice system and within forensic services.
Download or read book Forensic Neuropsychology in Practice written by Susan Young and published by Oxford University Press. This book was released on 2009-06-25 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clinical psychologists are increasingly asked to prepare reports for legal purposes, often outside the scope of their own area. These might involve the mental state or neuropsychological effects of an injury to their client or to a third party. This is a practical reference text for those working in these important areas of forensic consultancy.
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 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.
