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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: 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: Paul A. Fairall
Publisher:
ISBN: 9780409339062
Category : Criminal liability
Languages : en
Pages : 0
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Book Description
"[This book analyzes] the defences to criminal prosecutions both at common law and under statute in all jurisdictions of Australia. The various defences are described...together with the circumstances under which they can be raised and how several defences can be combined. The inter-relationship of the defences is also fully explored, with an eye to jurisdictional differences. It also includes additional analysis of Infanticide and Infancy as well as touching upon the Commonwealth Criminal Code."--
Author: John Gardner
Publisher: Oxford University Press, USA
ISBN: 0199239355
Category : Language Arts & Disciplines
Languages : en
Pages : 303
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Book Description
A selection of some of the author's best-known and most provocative writings on criminal law. Although it discusses the legitimacy of criminal punishment, it proceeds on the footing that the criminal law does many important things apart from punishing people.
Author: Andrew Simester
Publisher: Oxford University Press, USA
ISBN: 0198853149
Category : Law
Languages : en
Pages : 537
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Book Description
This book explores the philosophical underpinnings of the law's major doctrines concerning actus reus, mens rea, and defences, showing that they are not always driven by culpability but are grounded also in principles of moral responsibility, ascriptive responsibility, and wrongdoing.
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: Noel Cross
Publisher: SAGE
ISBN: 1446248194
Category : Social Science
Languages : en
Pages : 241
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Book Description
This accessible text enables criminology and criminal justice students to understand and critically evaluate criminal law in the context of criminal justice and wider social issues. The book explains criminal law comprehensively, covering both general principles and specific types of criminal offences. It examines criminal law in its social context, as well as considering how it is used by the criminal justice processes and agencies which enforce it in practice. Covering all the different theoretical approaches that the student of criminology and criminal justice will need to understand, the book provides learning tools such as: -chapter objectives - making the structure of the book easy to follow for students -questions for discussion and student exercises - helping students to think critically about the ideas and concepts in each chapter, and to undertake further independent and reflective study -′definition boxes′ explaining key concepts - helping students who are not familiar with specialist criminal law terminology to understand what the key basic concepts in criminal law really mean in practice -a companion Website which incorporates a range of resources for lecturers and students.
Author: Alan Reed
Publisher: Routledge
ISBN: 1317129547
Category : Law
Languages : en
Pages : 613
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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: Professor Alan Reed
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472433351
Category : Law
Languages : en
Pages : 361
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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.
Author: R. D. Mackay
Publisher: Oxford University Press on Demand
ISBN: 9780198259954
Category : Law
Languages : en
Pages : 252
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Book Description
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: THOMAS J. FARRELL.
Publisher:
ISBN: 9781580121309
Category :
Languages : en
Pages :
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Book Description
Improve your advocacy, speed trial preparation, avoid pitfalls, and be ready for surprises with Thomas J. Farrell's Criminal Defense Tools and Techniques. This book is loaded with proven angles of attack that will improve your effectiveness in all stages of your representation ... from initial interview through sentencing. Mr. Farrell supports his strategies with pattern argument language, model questions, 130 forms, real-life examples, checklists, and 1,400 case citations. Here is a small slice of what he covers:* identifying weaknesses in the prosecution's case* extracting concessions in pretrial motions and hearings* cross-examining government experts* defending specific crimes* mitigating the offense at sentencing* and much moreFor proven arguments, hundreds of forms, and effective tactics for criminal cases, purchase the latest edition of Criminal Defense Tools and Techniques by Thomas J. Farrell.
