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Author: John Rumbold
Publisher: Routledge
ISBN: 1351787829
Category : Health & Fitness
Languages : en
Pages : 314
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Book Description
Automatism is a notoriously difficult subject for law students, lawyers and judges. This book explores the science and medicine of sleep disorders and examines how the criminal process deals with such disorders when presented as a defence. It systematically examines the legal doctrines involved, and their implications for the use of the evidence key to establishing automatism, while also exploring the medical conditions that can cause automatism (particularly epilepsy, sleepwalking and diabetes). This book is a valuable resource for law students, lawyers, judges and expert witnesses.
Author: John Rumbold
Publisher: Routledge
ISBN: 1351787829
Category : Health & Fitness
Languages : en
Pages : 314
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Book Description
Automatism is a notoriously difficult subject for law students, lawyers and judges. This book explores the science and medicine of sleep disorders and examines how the criminal process deals with such disorders when presented as a defence. It systematically examines the legal doctrines involved, and their implications for the use of the evidence key to establishing automatism, while also exploring the medical conditions that can cause automatism (particularly epilepsy, sleepwalking and diabetes). This book is a valuable resource for law students, lawyers, judges and expert witnesses.
Author: John Rumbold
Publisher:
ISBN: 9781315203379
Category : LAW
Languages : en
Pages :
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Book Description
Author: Desmond O'Connor
Publisher: Lexis Law Publishing (Va)
ISBN:
Category : Law
Languages : en
Pages : 316
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Book Description
Handbook for law students and criminal law practitioners. Third edition updating the analysis of the defences available under the law up to 1995, including a much more extensive analysis of provisions of the various criminal codes than previous editions. Also outlines the defences available to commonwealth crimes as well as states with both common law and statutory criminal systems. Includes a table of contents, table of cases, table of statutes and an index. O'Connor is a barrister at law and formerly reader in law at the ANU and Fairall is professor of law at James Cook University and adjunct professor at Bond University. Also available in paperback.
Author: Ramya Nagesh
Publisher:
ISBN: 9781913715892
Category :
Languages : en
Pages : 100
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Book Description
Even the most experienced practitioners can be faced with a case that catches them off guard. They may be well-versed to deal with cases involving self-defence, factual denial or identification issues. What about when the accused claims they were sleepwalking, in a hypoglycaemic state or suffering an epileptic seizure? This book will give you the answers to those questions and many more that arise from the complex but ever-interesting subject of insane and non-insane automatism. It deals with those cases that rest in the grey areas of the law; those where the person accepts carrying out the action but claims that they were not able to control their actions. The courts have dealt with cases differently, sometimes resulting in controversial and apparently illogical decisions. This book provides a comprehensive and clear explanation of what the law is, why it is that way and how the cases fit together. All in all, it is a must-have for any person working in the criminal justice system today, and indeed any person who has ever wondered what on earth 'automatism' really is. ABOUT THE AUTHOR Ramya Nagesh is a practising barrister at No5 Chambers. She acts in the full range of criminal matters, from the sublime to the ridiculous and everything in between. She is particularly interested in issues that raise complex and novel points of law and practice. The topic of Insane and Non-Insane Automatism does not disappoint. As a result of her keen interest and research in this area over the last nine years, she has written articles in peer-reviewed criminal law journals and continues to deliver seminars on the subject. Ramya has written two other books on the subject of criminal law: A Practical Guide to the Law In Relation to Hate Crime and Covid-19 and the Criminal Law: An Essential Guide. CONTENTS Chapter One - An Overview of Insane and Non-Insane Automatism Chapter Two - Insane Automatism Chapter Three - Non-Insane Automatism Chapter Four - Diminished Responsibility - a Third Option Chapter Five - Special Cases - Epilepsy Chapter Six - Special Cases - Diabetes Chapter Seven - Special Cases - Sleepwalking Chapter Eight - Special Cases - Intoxication Chapter Nine - Special Cases - Discrete Situations Chapter Ten - Scope for Reform? Conclusion - Practical Tips Bibliography
Author: Steven Yannoulidis
Publisher: Routledge
ISBN: 1317097300
Category : Social Science
Languages : en
Pages : 249
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Book Description
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.
Author: Alan Reed
Publisher: Routledge
ISBN: 1317129555
Category : Law
Languages : en
Pages : 360
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Book Description
The law relating to general defences is one of the most important areas in the criminal law, yet the current state of the law in the United Kingdom reveals significant problems in the adoption of a consistent approach to their doctrinal and theoretical underpinnings, as exemplified by a number of recent developments in legislation and case law. A coherent and joined-up approach is still missing. This volume provides an analysis of the main contentious areas in British law, and proposes ways forward for reform. The collection includes contributions from leading experts across various jurisdictions. Part I examines the law in the United Kingdom, with specialist contributions on Irish and Scottish law. Part II consists of contributions by authors from a number of foreign jurisdictions, all written to a common research grid for maximum comparability, which provide a wider background of how other legal systems treat problems relating to general defences in the context of the criminal law, and which may serve as points of reference for domestic law reform.
Author: Alan Reed
Publisher: Cambridge Scholars Publishing
ISBN: 1443875694
Category : Law
Languages : en
Pages : 450
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Book Description
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.
Author: Michael Dillon
Publisher:
ISBN: 9781858006987
Category :
Languages : en
Pages : 600
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Book Description
The Law of Intoxication: A Criminal Defence is a definitive treatise on intoxication as a criminal defence. This book exhaustively considers how a state of intoxication can provide a full defence to criminal offences. This book considers the law and the theory of a full defence of intoxication. Each chapter reveals significant case law, which has often been neglected, ignored or unnoticed. It takes a comparative approach by citing extensively from jurisdictions across the common law world including England and Wales, Scotland, Canada, USA, South Africa and New Zealand. It also considers the partial defence of voluntary intoxication. The author provides a theoretical analysis of the basis for the full defence and evaluates significant developments in this area. Unique * The very first stand alone publication that deals with how to use evidence of intoxication as a full defence. * Expands beyond road traffic offences to consider the effects of intoxication on all criminal offences including violent offences such as assault, murder, manslaughter. * Provides practitioners with a basis for considering a full defence of intoxication. From the foreword 'For the first time ever the topic has received the treatment which it deserves. Many, whether judge, lawyer, student or those working in related services, will be astonished as to how much there is to be said about the subject matter. It is with obvious certainty that one can say that the use of varying aspects of the underlying jurisprudence is likely to dramatically increase in the coming years and that judges will be heavily engaged with much debate on its finer points: whether by way of a direct defence, full or partial, or of indirect defence, as intoxication feeds into other legal disabilities such as automatism or insanity.' The Hon. Mr. Justice Liam McKechnie of The Supreme Court. Key features * Deals with prosecuting and defending intoxicated defendants and explores what defences are open to these defendants. * Analyses important Court of Criminal Appeal decisions which consider intoxication as a defence including The People (DPP) v Murphy [Unreported, Court of Criminal Appeal, 8 July 2003] and The People (DPP) v Reilly [2005] 3 IR 111. * Comprehensive cross-jurisdictional consideration of case law. * Considers interaction of intoxication as a defence with other mental condition defences including automatism and insanity. Contents * Intoxication by a Third Party * Intoxication by Spiking another Substance * Intoxication by Duress * Intoxication by Chemical Fumes * Intoxication by Accident or Mistake * Intoxication by Prescribed Medication * Intoxication by Unprescribed Medication * Intoxication by Physiological Condition * Intoxication by Psychological Condition * Intoxication by Addiction * The Level of Intoxication Required for a Defence * Strict Liability and Intoxication * Theoretical Basis for the Defence * Partial Defence of Voluntary Intoxication About the author Michael Dillon is a practising barrister with a particular interest in Criminal Law.
Author: New South Wales. Law Reform Commission
Publisher:
ISBN:
Category : Family violence
Languages : en
Pages : 294
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Book Description
Author: Kenneth J. Weiss
Publisher: Oxford University Press, USA
ISBN: 0199346593
Category : Law
Languages : en
Pages : 209
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Book Description
This is a resource for practitioners intending to introduce cutting-edge science into analyses of mental state, in criminal and civil proceedings. It provides a practical treatment of the science behind human development and the uses of technology as they enter the courtroom.
