Mental Condition Defences And The Criminal Justice System


Mental Condition Defences And The Criminal Justice System
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Mental Condition Defences And The Criminal Justice System


Mental Condition Defences And The Criminal Justice System
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Author : Alan Reed
language : en
Publisher: Cambridge Scholars Publishing
Release Date : 2015-02-27

Mental Condition Defences And The Criminal Justice System written by Alan Reed and has been published by Cambridge Scholars Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-27 with Law categories.


Criminal law has struggled to keep pace with developments in psychiatry, both in substantive and procedural terms, and it is widely recognised that increased inter-disciplinary discussion of mental condition defences is required in order to address this gap between the law and psychiatry. This edited collection comes at a time of review of this sensitive area of criminal law. The Law Commission for England and Wales recently placed its evaluation of insanity, automatism and intoxication on hold, while it considers the law on unfitness to plead. These reviews are set against the backdrop of earlier Law Commission reports on partial defences to murder which informed significant changes that were made to the law in this area under sections 52–56 of the Coroners and Justice Act 2009. Recent developments in case law in this substantive area illustrate not only the importance of the role of the medical expert, but also that reform in this area is informed by ongoing inter-disciplinary research. This collection brings together medical and legal conceptions of mental disorder in order to appraise the operation of mental condition defences. In this respect, it provides invaluable and original insights into mental condition defences and criminal law.



Mental Condition Defences In The Criminal Law


Mental Condition Defences In The Criminal Law
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Author : R. D. Mackay
language : en
Publisher: Oxford University Press on Demand
Release Date : 1995

Mental Condition Defences In The Criminal Law written by R. D. Mackay and has been published by Oxford University Press on Demand this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995 with Law categories.


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.



Mental Health And The Criminal Justice System


Mental Health And The Criminal Justice System
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Author : Karen Freeman
language : en
Publisher:
Release Date : 1998

Mental Health And The Criminal Justice System written by Karen Freeman and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Mentally ill categories.




Manifest Madness


Manifest Madness
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Author : Arlie Loughnan
language : en
Publisher: Oxford University Press
Release Date : 2012-04-19

Manifest Madness written by Arlie Loughnan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-19 with Law categories.


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.



Mental Health And The Criminal Justice System


Mental Health And The Criminal Justice System
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Author : Ian Cummins
language : en
Publisher: Critical Publishing
Release Date : 2016-02-25

Mental Health And The Criminal Justice System written by Ian Cummins and has been published by Critical Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-02-25 with Social Science categories.


The Criminal Justice System is becoming a de facto provider of mental health care, according to a series of recent prison inspections and reports on policing and mental illness which have highlighted the crisis in mental health services. However, the pressures on prisons and other areas of the CJS mean that the needs of those with mental health problems are often overlooked. This book examines the experiences of people with mental health problems across all stages of the CJS and across all the points of contact – police, Courts and prisons between the CJS and people with mental health problems. Providing a clearly written, comprehensive introduction to the main themes in this field, it also has a clear critical edge highlighting the failings in the areas of penal and social policy that have resulted in increasing numbers of people with mental health problems being criminalised. Highlighting a very important social issue, Mental Health and the Criminal Justice System provides a thorough introduction to this subject for social work students and practitioners.



Mental State Defences In Criminal Law


Mental State Defences In Criminal Law
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Author : Steven Yannoulidis
language : en
Publisher: Routledge
Release Date : 2016-04-22

Mental State Defences In Criminal Law written by Steven Yannoulidis and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Social Science categories.


By defining appropriate boundaries for the defence of insanity and the doctrine of automatism, this book presents a consistent and principled approach to the reform of mental state defences. In particular, by undertaking an interdisciplinary analysis of the various factors that inform these defences the book concludes with several practical and robust reform proposals There are three objectives that underpin the suggested reform proposals. First, to ensure that an accused will be able to raise a defence of insanity for involuntary conduct arising from mental disorder even where he or she is aware of the nature and quality of such conduct. Second, to provide principled means by which to establish the criminal responsibility of an accused for conduct performed in a state of drug-induced psychosis. Third, to ensure that criminal conduct arising from a state of ’impaired consciousness’ does not automatically result in the outright acquittal of an accused. In articulating the competing demands that must be balanced in order to secure a principled approach to the reform of mental state defences the book will be of relevance to all common law countries.



Crime Punishment And Mental Illness


Crime Punishment And Mental Illness
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Author : Patricia Erickson
language : en
Publisher: Rutgers University Press
Release Date : 2008-07-18

Crime Punishment And Mental Illness written by Patricia Erickson and has been published by Rutgers University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-07-18 with Social Science categories.


Hundreds of thousands of the inmates who populate the nation's jails and prison systems today are identified as mentally ill. Many experts point to the deinstitutionalization of mental hospitals in the 1960s, which led to more patients living on their own, as the reason for this high rate of incarceration. But this explanation does not justify why our society has chosen to treat these people with punitive measures. In Crime, Punishment, and Mental Illness, Patricia E. Erickson and Steven K. Erickson explore how societal beliefs about free will and moral responsibility have shaped current policies and they identify the differences among the goals, ethos, and actions of the legal and health care systems. Drawing on high-profile cases, the authors provide a critical analysis of topics, including legal standards for competency, insanity versus mental illness, sex offenders, psychologically disturbed juveniles, the injury and death rates of mentally ill prisoners due to the inappropriate use of force, the high level of suicide, and the release of mentally ill individuals from jails and prisons who have received little or no treatment.



Mental Health And Criminal Justice


Mental Health And Criminal Justice
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Author : Anne F. Segal
language : en
Publisher: Aspen Publishing
Release Date : 2018-09-14

Mental Health And Criminal Justice written by Anne F. Segal and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-14 with Law categories.


In this student-friendly text, a team of respected scholars balances practical knowledge of how the mental healthcare system operates in conjunction with the criminal justice system, with an analytical framework that looks at how the quality of that collaboration is reflected in the issues, processes and outcomes of both institutions. Professors and students will benefit from an accessible new text that informs and explores: The role of mental healthcare law and procedure in the criminal justice system How mentally ill clients are processed through the criminal justice system Mental healthcare terms, resources, and treatment programs Contemporary issues in mental health and criminal justice, such as the treatment of mentally ill juveniles inside the criminal justice system, and lack of full access to mental healthcare for at-risk groups Discussion of systemic interface and entropy, two central themes to guide student analysis of issues and examples drawn from real life Mental Health and Criminal Justice is designed with a wealth of features for study and review, including: Learning Objectives Framing the Issues Prologues and Epilogues that frame issues and provide vivid examples Key Terms, highlighted in the text and defined in the Glossary Text boxes that expand on points of interest Summary and Chapter Review Questions at the end of each chapter



Manifest Madness Mental Incapacity In The Criminal Law


Manifest Madness Mental Incapacity In The Criminal Law
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Author : Arlie Loughnan
language : en
Publisher: OUP Oxford
Release Date : 2012-04-19

Manifest Madness Mental Incapacity In The Criminal Law written by Arlie Loughnan and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-04-19 with Law categories.


A PDF version of this book is available for free in open access via www.oup.com/uk as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a central concern for legal actors, policy makers, and legislators when it comes to crime and justice. Understanding mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices of evidence and proof, and also medical and social understandings of mental illness and incapacity. With its focus on the complex interaction of legal doctrines and practices relating to mental incapacity and knowledge - both expert and non-expert - of it, this book offers a fresh perspective on this topic. Bringing together previously disparate discussions on mental incapacity from law, psychology, and philosophy, this book provides a close study of this terrain of criminal law, analysing the development of mental incapacity doctrines through historical cases to the modern era. It maps the shifting boundaries around abnormality as constructed in law, arguing that the mental incapacity terrain has a distinct character - 'manifest madness'.



The Insanity Defense


The Insanity Defense
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Author : Mark D. White
language : en
Publisher: Bloomsbury Publishing USA
Release Date : 2017-01-23

The Insanity Defense written by Mark D. White and has been published by Bloomsbury Publishing USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-23 with Law categories.


How often is the defense of insanity or temporary insanity for accused criminals valid—or is it ever legitimate? This unique work presents multidisciplinary viewpoints that explain, support, and critique the insanity defense as it stands. What is the role of "the insanity defense" as a legal excuse? How does U.S. law handle criminal trials where the defendant pleads insanity, and how does our legal system's treatment differ from those of other countries or cultures? How are insanity defenses used, and how successful are these defenses for the accused? What are the costs of incarceration versus psychiatric treatment and confinement? This book presents a range of expert viewpoints on the insanity defense, exposing common myths; investigating its effectiveness and place in our legal system through history, case studies, and comparative analysis; and supplying perspectives from the disciplines of psychology, psychiatry, sociology, and neuroscience. The content also addresses the ramifications of declaring citizens insane or incapacitated and examines trials that involved pleas of insanity and temporary insanity.