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Author: L. Ben-Moshe
Publisher: Springer
ISBN: 1137388471
Category : Social Science
Languages : en
Pages : 304
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Book Description
Disability Incarcerated gathers thirteen contributions from an impressive array of fields. Taken together, these essays assert that a complex understanding of disability is crucial to an understanding of incarceration, and that we must expand what has come to be called 'incarceration.' The chapters in this book examine a host of sites, such as prisons, institutions for people with developmental disabilities, psychiatric hospitals, treatment centers, special education, detention centers, and group homes; explore why various sites should be understood as incarceration; and discuss the causes and effects of these sites historically and currently. This volume includes a preface by Professor Angela Y. Davis and an afterword by Professor Robert McRuer.
Author: L. Ben-Moshe
Publisher: Springer
ISBN: 1137388471
Category : Social Science
Languages : en
Pages : 304
Get Book Here
Book Description
Disability Incarcerated gathers thirteen contributions from an impressive array of fields. Taken together, these essays assert that a complex understanding of disability is crucial to an understanding of incarceration, and that we must expand what has come to be called 'incarceration.' The chapters in this book examine a host of sites, such as prisons, institutions for people with developmental disabilities, psychiatric hospitals, treatment centers, special education, detention centers, and group homes; explore why various sites should be understood as incarceration; and discuss the causes and effects of these sites historically and currently. This volume includes a preface by Professor Angela Y. Davis and an afterword by Professor Robert McRuer.
Author: John Parry
Publisher: American Bar Association
ISBN: 9781604423419
Category : Law
Languages : en
Pages : 488
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Book Description
Author: Michael L. Perlin
Publisher: Routledge
ISBN: 1317187059
Category : Law
Languages : en
Pages : 234
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Book Description
Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the influence of therapeutic jurisprudence, procedural justice, and restorative justice on the legal process. It considers all of these perspectives in the context of criminal justice system issues such as competency findings, the insanity defense, and sentencing. Demonstrating how the question of treatment of persons with mental disabilities in the criminal justice system is not only a vital one for both scholars and practitioners, but also a central facet of international human rights law, this book suggests policy development, further scholarly inquiries, and newly invigorated thinking and action to place dignity at the core of the criminal justice system.
Author: New South Wales. Law Reform Commission
Publisher:
ISBN:
Category : Capacity and disability
Languages : en
Pages : 502
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Book Description
Ce rapport décrit les diverses modifications à être appliquées au sein de la législation entourant la place de la personne ayant une déficience intellectuelle devant la justice, spécifiquement sur le genre de sentences qu'elle devrait recevoir
Author: Linda Steele
Publisher: Routledge
ISBN: 1351240315
Category : Law
Languages : en
Pages : 366
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Book Description
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.
Author: Michael L. Perlin
Publisher: Rowman & Littlefield Publishers
ISBN: 1442200588
Category : Law
Languages : en
Pages : 295
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Book Description
There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.
Author: Eilionóir Flynn
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472418611
Category : Law
Languages : en
Pages : 193
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Book Description
Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.
Author: Christopher Slobogin
Publisher: Harvard University Press
ISBN: 9780674022041
Category : Law
Languages : en
Pages : 408
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Book Description
This comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities provides innovative solutions to problems associated with criminal responsibility, protection of society from "dangerous" individuals, and the state's authority to act paternalistically.
Author: Michael L. Perlin
Publisher:
ISBN:
Category : Insanity (Law)
Languages : en
Pages : 948
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Book Description
Author: Kelly Fritsch
Publisher: UBC Press
ISBN: 0774867159
Category : Social Science
Languages : en
Pages : 358
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Book Description
Ableism is embedded in Canadian criminal justice institutions, policies, and practices, making incarceration and institutionalization dangerous – even deadly – for disabled people. Disability Injustice examines disability in contexts that include policing and surveillance, sentencing and the courts, prisons and alternatives to confinement. The contributors confront challenging topics such as the pathologizing of difference as deviance; eugenics and crime control; criminalization based on biased physical and mental health approaches; and the role of disability justice activism in contesting discrimination. This provocative collection highlights how, with deeper understanding of disability, we can challenge the practices of crime control and the processes of criminalization.
