Crime And Mental Health Law In New South Wales

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Crime and Mental Health Law in New South Wales

Dan Howard,Bruce Westmore
Crime and Mental Health Law in New South Wales Book PDF

Author : Dan Howard,Bruce Westmore
Publisher : Unknown
Page : 0 pages
File Size : 41,9 Mb
Release : 2010
Category : Criminal liability
ISBN : 0409327085

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Crime and Mental Health Law in New South Wales by Dan Howard,Bruce Westmore Pdf

This publication is a practical guide to the law on mental health issues that arise within the criminal justice framework in New South Wales. It offers comprehensive coverage and clear explanations of all of the important topics in this field and is an ideal resource for lawyers, mental health professionals, correctional health personnel, and anyone else engaged in the fields of criminal law and forensic mental health, or students with an interest in pursuing studies or a career in these areas. All chapters have been fully revised, updated and, in many cases, significantly expanded. The operation of the Mental Health Act 2007 and the Mental Health (Forensic Provisions) Act 1990 is dealt with in detail. New to this edition are the chapters on the management of forensic and correctional patients, infanticide, and a comprehensive chapter on the assessment and management of risk, including a section on the Crimes (Serious Sex Offenders) Act 2006.

Disability, Criminal Justice and Law

Linda Steele
Disability Criminal Justice and Law Book PDF

Author : Linda Steele
Publisher : Routledge
Page : 366 pages
File Size : 42,5 Mb
Release : 2020-04-29
Category : Law
ISBN : 9781351240314

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Disability, Criminal Justice and Law by Linda Steele Pdf

Through theoretical and empirical examination of legal frameworks for court diversion, this book interrogates law’s complicity in the debilitation of disabled people. In a post-deinstitutionalisation era, diverting disabled people from criminal justice systems and into mental health and disability services is considered therapeutic, humane and socially just. Yet, by drawing on Foucauldian theory of biopolitics, critical legal and political theory and critical disability theory, Steele argues that court diversion continues disability oppression. It can facilitate criminalisation, control and punishment of disabled people who are not sentenced and might not even be convicted of any criminal offences. On a broader level, court diversion contributes to the longstanding phenomenon of disability-specific coercive intervention, legitimates prison incarceration and shores up the boundaries of foundational legal concepts at the core of jurisdiction, legal personhood and sovereignty. Steele shows that the United Nations Convention on the Rights of Persons with Disabilities cannot respond to the complexities of court diversion, suggesting the CRPD is of limited use in contesting carceral control and legal and settler colonial violence. The book not only offers new ways to understand relationships between disability, criminal justice and law; it also proposes theoretical and practical strategies that contribute to the development of a wider re-imagining of a more progressive and just socio-legal order. The book will be of interest to scholars and students of disability law, criminal law, medical law, socio-legal studies, disability studies, social work and criminology. It will also be of interest to disability, prisoner and social justice activists.

Legal Perspectives on State Power

Chris Ashford,Alan Reed
Legal Perspectives on State Power Book PDF

Author : Chris Ashford,Alan Reed
Publisher : Cambridge Scholars Publishing
Page : 439 pages
File Size : 46,9 Mb
Release : 2016-12-14
Category : Law
ISBN : 9781443857178

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Legal Perspectives on State Power by Chris Ashford,Alan Reed Pdf

The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI Refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.

The Insanity Defence

Warren Brookbanks
The Insanity Defence Book PDF

Author : Warren Brookbanks
Publisher : Oxford University Press
Page : 417 pages
File Size : 53,8 Mb
Release : 2022-11-08
Category : Law
ISBN : 9780198854944

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The Insanity Defence by Warren Brookbanks Pdf

More than any other defence in the criminal law, the insanity defence has, and continues to be, the subject of heated debate. Yet too little is known about how the insanity defence operates in different jurisdictions, including in the United Kingdom and Ireland. In this book, Mackay and Brookbanks, and their team of expert contributors, explore the theory and practice around the insanity defence and analyse its diverse influence and manifestations across a wide range of common law and civil law jurisdictions. Typically, the insanity defence, as exemplified in the M'Naghten Rules, represents a foundational aspect of criminal responsibility, although in some jurisdictions it serves only to define degrees of mental capacity. However, what all jurisdictions have in common is the high and increasing incidence of mental illness and impairment challenging existing constructions of an exculpatory rule. This book explores in detail the origins and operation of the M'Naghten Rules as well as the eclectic nature of the insanity defence, its highly variable linguistic expression, and the diverse social policy mandates it seeks to embrace. The Insanity Defence will reinvigorate the debate about the defence by discussing both its theoretical basis and exploring how different jurisdictions approach the insanity plea, not only in relation to an appropriate test and how it operates, but also from the perspective of disposal and how those who use the insanity defence successfully are dealt with. This book will be of interest to researchers, academics, and advanced students with an interest in criminal law internationally, as well as to those involved in the development of policy and legislation.

Mental Health Law in New South Wales

Legal Aid Commission of New South Wales. Mental Health Advocacy
Mental Health Law in New South Wales Book PDF

Author : Legal Aid Commission of New South Wales. Mental Health Advocacy
Publisher : Unknown
Page : 128 pages
File Size : 46,8 Mb
Release : 1987
Category : Mental health laws
ISBN : 0947184082

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Mental Health Law in New South Wales by Legal Aid Commission of New South Wales. Mental Health Advocacy Pdf

People with an Intellectual Disability and the Criminal Justice System

New South Wales. Law Reform Commission
People with an Intellectual Disability and the Criminal Justice System Book PDF

Author : New South Wales. Law Reform Commission
Publisher : Unknown
Page : 246 pages
File Size : 43,5 Mb
Release : 1993
Category : Capacity and disability
ISBN : STANFORD:36105061100918

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People with an Intellectual Disability and the Criminal Justice System by New South Wales. Law Reform Commission Pdf

"[C]ontains the results of the Commission's research and consultations up to 1 September 1993"--P. ii.

Mental Health Law: a Practical Guide

Y Muthu
Mental Health Law a Practical Guide Book PDF

Author : Y Muthu
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2022-02
Category : Electronic
ISBN : 0409354996

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Mental Health Law: a Practical Guide by Y Muthu Pdf

The book provides a detailed and clear examination of hypothetical problem cases and responses, with coverage of all Australian jurisdictions in a mental health tribunal setting. It is filled with case examples and a wealth of practical advice to guide you through many complex legal issues relating to the respective Mental Health Acts, providing clear guidance, useful examples and all you need to know about mental health law in a civil context. It includes voluntary and involuntary patient care, community treatment orders, electroconvulsive therapy, emergency surgery, and appeals from the tribunal to a higher jurisdiction or a court of law. Treatment responses such as the prescription of psychotropic medication for a mental illness are also discussed. Various mental illnesses and disorders are explained using the selected diagnostic categories from the Diagnostic and Statistical Manual for Mental Disorders (DSM). There is a brief explanation of how psychiatric disorders were perceived from medieval to modern times. The author also examines the relationship between the patient, tribunal members, mental health professionals and the legal representative during a tribunal hearing, also explaining the different pathways to achieve safe discharge planning in relation to involuntary treatment, observed from a holistic and person-centred approach. The book is both a concise handbook and a practical guide to mental health law students, researchers, academics, doctors, nurses, social workers, psychologists, psychiatrists, occupational therapists and all other professionals working in a psychiatric setting. It is unique as it explains the interplay between law and psychiatry while focusing on legal tests such as least restrictive test whilst promoting recovery for the patient to live a meaningful life. Features * Providing Guidance at state and territory level on mental health law to approach problem questions which are complex. * Practical angle * Real-life examples from real cases experienced by the author Related Titles * Howard and Westmore, Howard & Westmore, Crime and Mental Health Law in New South Wales, 3rd edition * Johnston, Eagle and Goodhand, Johnston, Eagle & Goodhand, Crime and Mental Health Law in NSW, Supplement to the 3rd edition