Fitness To Plead In England And Wales PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Fitness To Plead In England And Wales PDF full book. Access full book title Fitness To Plead In England And Wales by Donald Grubin. Download full books in PDF and EPUB format.
Author: Donald Grubin Publisher: Psychology Press ISBN: 1134835450 Category : Psychology Languages : en Pages : 146
Book Description
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.
Author: Donald Grubin Publisher: Psychology Press ISBN: 1134835450 Category : Psychology Languages : en Pages : 146
Book Description
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.
Author: Ronnie Mackay Publisher: Oxford University Press ISBN: 0191092703 Category : Law Languages : en Pages : 320
Book Description
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.
Author: Jane M. McCarthy Publisher: Cambridge University Press ISBN: 110896317X Category : Medical Languages : en Pages : 325
Book Description
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.
Author: Mary Davoren Publisher: Cambridge University Press ISBN: 1009573470 Category : Medical Languages : en Pages : 485
Book Description
This updated edition of Seminars in Forensic Psychiatry is an invaluable guide for consultants and specialist trainees working in forensic psychiatry. Written by leading international contributors, topics include models of care, the management of in-patient violence, forensic psychotherapy, and psychological treatments. The evolution of policy and mental health law is discussed, demonstrating how it has shaped the provision of forensic psychiatry services. Legal aspects include considerations of mentalistic defences in criminal law, mental health law, as well as the law on negligence. The book also includes sections on specialist areas of need, including cultural and gender specific needs, terrorism, stalkers, and sex offenders. Woven into the chapters are practical approaches, and 'how to' guides. The volume ends with advice for each of the transitions in the career of a forensic psychiatrist. A truly practical guide, this is a must-read for psychiatrists and mental health professionals working within a forensic setting.
Author: Elias Tsakanikos Publisher: Springer Science & Business Media ISBN: 146148250X Category : Psychology Languages : en Pages : 405
Book Description
The complex intersecting of genetic, biological, and environmental factors can make intellectual impairments difficult for clinicians to assess and treat. When such comorbid conditions as substance abuse or bipolar disorder are part of the equation, so are increased risks for clinical uncertainties and therapeutic dead-ends. The Handbook of Psychopathology in Intellectual Disability reflects the diversity of its subject in prevalence and presentation, testing methods and treatment options. Besides focusing on specific pathologies as they affect the course of intellectual disability (ID), its coverage spans the field from in-depth analyses of psychosocial aspects of ID to promising new findings in genetics and the ongoing challenge of providing personalized care tailored to individual client needs. Expert contributors bridge gaps between the evidence base and best practices and improved policy for maximum utility. In addition, chapters are written to benefit the widest variety of professionals treating clients with ID across disciplines. Key areas featured in the Handbook include: General issues and assessment methods. Core etiological approaches, including neuroimaging. Comorbid psychopathology, including mood, anxiety, and personality disorders. Common clinical conditions, such as ADHD, autism, and behavior problems. Medical and psychological interventions as well as community and inpatient services. Future directions in research and evidence-based practices. The Handbook of Psychopathology in Intellectual Disability is an essential reference for researchers, professors, and graduate students as well as clinicians and other scientist-practitioners in clinical psychology, psychiatry, social work, rehabilitation medicine, public health, and neuropsychology.
Author: David Ames Publisher: CRC Press ISBN: 1444128744 Category : Medical Languages : en Pages : 817
Book Description
Winner of the BMA 2011 book awards: psychiatry category Winner of the Australian Journal of Ageing book of the year award This definitive work on dementia and related disorders has been fully updated and revised to reflect recent advances in this fast-moving field. The incidence of dementia continues to rise as the population of the world ages, and the condition represents one of the most significant challenges facing societies and health professionals in the next half-century. In this, the most comprehensive single volume work available on the subject, the editors have met this challenge by assembling a team of the world's leading experts on all aspects of the condition, from history, epidemiology and social aspects to the latest neurobiological research and advanced therapeutic strategies.
Author: Bernadette McSherry Publisher: Bloomsbury Publishing ISBN: 1847315968 Category : Law Languages : en Pages : 464
Book Description
Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.
Author: Great Britain: Law Commission Publisher: The Stationery Office ISBN: 9780102971170 Category : Law Languages : en Pages : 224
Book Description
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.
Author: Great Britain: Law Commission Publisher: The Stationery Office ISBN: 9780118405041 Category : Law Languages : en Pages : 272
Book Description
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
Author: Mary Bosworth Publisher: Oxford University Press ISBN: 019878323X Category : Criminal justice, Administration of Languages : en Pages : 324
Book Description
Celebrating the 50th Anniversary of the Oxford Centre for Criminology, this edited collection of essays seeks to explore the changing contours of criminal justice over the past half century and to consider possible shifts over the next few decades.The question of how social science disciplines develop and change does not invite any easy answer, with the task made all the more difficult given the highly politicised nature of some subjects and the volatile, evolving status of its institutions and practices. A case in point is criminal justice:at once fairly parochial, much criminal justice scholarship is now global in its reach and subject areas that are now accepted as central to its study - victims, restorative justice, security, privatization, terrorism, citizenship and migration (to name just a few) - were topics unknown to thediscipline half a century ago. Indeed, most criminologists would have once stoutly denied that they had anything to do with it. Likewise, some central topics of past criminological attention, like probation, have largely receded from academic attention and some central criminal justice institutions,like Borstal and corporal punishment, have, at least in Europe, been abolished. Although the rapidity and radical nature of this change make it quite impossible to predict what criminal justice will look like in fifty years' time, reflection on such developments may assist in understanding how itarrived at its current form and hint at what the future holds.The contributors to this volume have been invited to reflect on the impact Oxford criminology has had on the discipline, providing a unique and critical discussion about the current state of criminal justice around the world and the origins and future implications of contemporary practice. All areleading internationally-renowned criminologists whose work has defined and often re-defined our understanding of criminal justice policy and literature.
Author: Donald Grubin
Author: Donald Grubin
Author: Ronnie Mackay
Author: Jane M. McCarthy
Author: Mary Davoren
Author: Elias Tsakanikos
Author: David Ames
Author: Bernadette McSherry
Author: Great Britain: Law Commission
Author: Great Britain: Law Commission
Author: Mary Bosworth