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Author : Marc E. Schiffer
Publisher : Toronto: Butterworths
Page : 342 pages
File Size : 50,5 Mb
Release : 1978
Category : Criminal procedure
ISBN : 0409865605
Author : Thomas L. Hafemeister
Publisher : NYU Press
Page : 387 pages
File Size : 45,9 Mb
Release : 2019-02-05
Category : Psychology
ISBN : 9781479804856
The complicated relationship between defendants with mental health disorders and the criminal justice system The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle similar cases in similar fashion, attempting to apply rules and procedures even-handedly regardless of a defendant’s social class, race, ethnicity, or gender. Yet, the criminal justice system has also recognized exceptions when special circumstances underlie a defendant’s behavior or are likely to skew the defendant’s trial. One of the most controversial set of exceptions –often poorly articulated and inconsistently applied – involves criminal defendants with a mental disorder. A series of special rules and procedures has evolved over the centuries, often without fanfare and even today with little systematic examination, that lawyers and judges apply to cases involving defendants with a mental disorder. This book provides an analysis of the key issues in this dynamic interplay between individuals with a mental disorder and the criminal justice system. The volume identifies the various stages of criminal justice proceedings when the mental status of a defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, and how they are currently resolved. To assist this exploration, the text also offers an overview of mental disorders, their relevance to criminal proceedings, how forensic mental health assessments are conducted and employed during these proceedings, and their application to competency and responsibility determinations. In sum, this book provides an important resource for students and scholars with an interest in mental health, law, and criminal justice.
Author : MICHAEL. DAVIES
Publisher : Unknown
Page : 128 pages
File Size : 42,5 Mb
Release : 2020
Category : Electronic
ISBN : 0433503696
Author : Sheilagh Hodgins
Publisher : SAGE Publications, Incorporated
Page : 400 pages
File Size : 52,8 Mb
Release : 1992-12-29
Category : Psychology
ISBN : 0803950233
Contributors to this volume present and discuss new data which suggest that major mental disorder substantially increases the risk of violent crime. These findings come at a crucial time, since those who suffer from mental disorders are increasingly living in the community, rather than in institutions. The book describes the magnitude and complexity of the problem and offers hope that humane, effective intervention can prevent violent crime being committed by the seriously mentally disordered.
Author : Hannah Wishart,Colleen M. Berryessa
Publisher : Taylor & Francis
Page : 99 pages
File Size : 51,5 Mb
Release : 2023-10-18
Category : Law
ISBN : 9781003821465
This collection presents a comparative perspective on interdisciplinary issues that fall under the emerging field of Neurolaw. The chapters embrace distinct procedural and evidential issues in the courtroom for vulnerable defendants, such as immature defendants, mentally disordered offenders and unfit-to-plead defendants, through a neuroscientific lens. This view is informed by worldwide analyses from legal academics, philosophers, and legal practitioners. The work brings together interdisciplinary and leading perspectives to discuss the use and relevancy of neuroscience at trial, and how the use of neuroscience is currently benefiting and impacting vulnerable defendants in global criminal trials. As such, the book builds upon and adds to the existing literature in this field by providing a comprehensive coverage of the intersection between these disciplines for vulnerable defendants in the courtroom. Key issues covered include: vulnerable defendants and the pre-trial process; the trial process; the use of neuroscience as expert evidence at trial; and vulnerable defendants, neuroscience and mitigation of sentence. Through original exploration presented by contributors from both academia and practice, the book will be of interest to academics, researchers and policy-makers working in the areas of Criminal Law and Procedure.
Author : Jane Campbell Moriarty
Publisher : Taylor & Francis
Page : 384 pages
File Size : 43,5 Mb
Release : 2001
Category : Capacity and disability
ISBN : 0815335733
First Published in 2002. Routledge is an imprint of Taylor & Francis, an informa company.
Author : Canadian Mental Health Association. Committee on Legislation and Psychiatric Disorder
Publisher : CMHA, c1964-c1969.
Page : 120 pages
File Size : 49,7 Mb
Release : 1964
Category : Mental health laws
ISBN : UOM:39015072208492
Author : R. D. Mackay
Publisher : Oxford University Press on Demand
Page : 252 pages
File Size : 40,9 Mb
Release : 1995
Category : Law
ISBN : 0198259956
Mental condition defences have been used in several high profile and controversial criminal trials in recent years. Indeed, mental abnormality is increasingly an important yet complex course of defence within the criminal trial process. In this timely study, Professor Mackay offers a detailed critical analysis of these defences within the Criminal Law where the accused relies on some form of mental abnormality as a source of defence/negotiation. Topics covered include the defences of automatism, insanity, diminished responsibility and infanticide; self-induced incapacity and the doctrine of fault. It also includes a chapter on unfitness to plead, which although not a defence has been included because of its important relationship to mental disorder within the criminal process. Drawing upon a wide variety of legal, psychiatric and philosophical sources, this is a timely contribution to a controversial and complex topic.
Author : Donald A. Dripps
Publisher : Foundation Press
Page : 1000 pages
File Size : 49,7 Mb
Release : 2020-06-22
Category : Electronic
ISBN : 1684677831
This casebook on investigative criminal procedure takes a fresh and uniquely contemporary doctrinal approach. It begins with enough history to enable students to follow the historical arguments that pervade the Supreme Court's great landmarks. Those landmarks receive extensive coverage. Scholarly lower-court opinions, however, often are used as force-multipliers, to synthesize and apply the ever-growing Supreme Court case law. Many of these opinions arose from civil actions, illustrating Section 1983 litigation even before the extensive chapter on constitutional remedies. That chapter deals with the exclusionary rule, but also with 1983 and Bivens suits. Institutional reform injunctions--the most dramatic development in the field in decades--receive extensive treatment. Brief but detailed Notes introduce pertinent academic literature, including empirical findings on stop-and-frisk and institutional reform injunctions, systemic feedback loops, the philosophical basis of the privilege against self-incrimination, and the role of race--past and present--in the law of criminal procedure. Prior books emphasize the Supreme Court's decisions applying the constitutional exclusionary rules. This understandable focus comes at a price. Too little attention is paid to the origins of our constitutional rights or to remedies for institutional violence as distinct from invasions of privacy. The prevailing focus on the e-rule risks devoting the whole course to only part (admittedly a very important part) of the law.
Author : Robert Schopp,Richard L. Wiener,Brian H. Bornstein,Steven L. Willborn
Publisher : Springer Science & Business Media
Page : 247 pages
File Size : 44,5 Mb
Release : 2008-10-09
Category : Psychology
ISBN : 9780387848457
expands traditional inquiry regarding the significance of psychopathology in the criminal process to include blameworthiness for sentencing, criminal competence at various stages in the process, and dangerousness pairs legal analysis with empirical research in order to promotoe integration of these two aspects of relevant inquiry addresses a wide range of participants in the legal, clinical, and academic disciplines
Author : Edwin Archer Tollefson,Bernard Starkman
Publisher : [Scarborough, Ont.] : Carswell
Page : 223 pages
File Size : 48,7 Mb
Release : 1993-01-01
Category : Law
ISBN : 0459551981
Author : Arlie Loughnan
Publisher : Oxford University Press
Page : 307 pages
File Size : 55,6 Mb
Release : 2012-04-19
Category : Law
ISBN : 9780199698592
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.
Author : Anonim
Publisher : Unknown
Page : 662 pages
File Size : 42,6 Mb
Release : 1854
Category : Religion
ISBN : OSU:32435031085459
Author : Karen Freeman
Publisher : Unknown
Page : 8 pages
File Size : 52,7 Mb
Release : 1998
Category : Mentally ill
ISBN : 0731326032
Author : Richard D. Schneider,Hy Bloom
Publisher : Unknown
Page : 1422 pages
File Size : 55,5 Mb
Release : 2013
Category : Law
ISBN : 1552211509
Law and Mental Disorder: A Comprehensive and Practical Approach is an encyclopedic medico-legal overview of forensics issues. With 60 chapters, and over 50 contributors, the topics range from an introduction to the legal system for psychiatrists, to pharmacological treatments for sex offenders, to the pathways to conduct disorder amongst children. The book has been written for a professional audience of psychiatrists, resident psychiatrists, and related heath professionals as well as legal professionals (judges, lawyers), and justice system professionals.
