Fitness To Plead In England And Wales PDF Download
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Author: Donald Grubin
Publisher: Psychology Press
ISBN: 1134835388
Category : Psychology
Languages : en
Pages : 142
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Book Description
The concept of fitness to plead has its origins in the medieval courts of England, where the ritual of court proceedings demanded that accused individuals respond to the charges against them. Being fit to plead, however, has involved into a fundamental principle of British law and those legal systems that have evolved from it, and it is now associated with the principle of a fair trial. But in spite of its long heritage, the meaning of "being fit to plead", its implications and its consequences all remain vague. Little research has taken place in relation to the concept or its applications in England and Wales, and much of what has been said about fitness to plead has taken place in a factual vacuum.; This book is the result of extensive research into both the development of the concept of fitness to plead and its application. It is based on a review of all individuals found unfit in England and Wales between 1976 and 1988 and provides detailed information about those found unfit to plead and the circumstances associated with their findings, together with follow-up of the psychiatric and legal outcomes. Problems with the working of the law in relation to fitness to plead are discussed and recent changes to it are critically reviewed. The end result is a full consideration of whether the modern concept of fitness to plead protects individuals from unfair trials, and the courts from miscarriages of justice.
Author: Donald Grubin
Publisher: Psychology Press
ISBN: 1134835388
Category : Psychology
Languages : en
Pages : 142
Get Book Here
Book Description
The concept of fitness to plead has its origins in the medieval courts of England, where the ritual of court proceedings demanded that accused individuals respond to the charges against them. Being fit to plead, however, has involved into a fundamental principle of British law and those legal systems that have evolved from it, and it is now associated with the principle of a fair trial. But in spite of its long heritage, the meaning of "being fit to plead", its implications and its consequences all remain vague. Little research has taken place in relation to the concept or its applications in England and Wales, and much of what has been said about fitness to plead has taken place in a factual vacuum.; This book is the result of extensive research into both the development of the concept of fitness to plead and its application. It is based on a review of all individuals found unfit in England and Wales between 1976 and 1988 and provides detailed information about those found unfit to plead and the circumstances associated with their findings, together with follow-up of the psychiatric and legal outcomes. Problems with the working of the law in relation to fitness to plead are discussed and recent changes to it are critically reviewed. The end result is a full consideration of whether the modern concept of fitness to plead protects individuals from unfair trials, and the courts from miscarriages of justice.
Author: Donald Grubin
Publisher: Psychology Press
ISBN: 1134835450
Category : Psychology
Languages : en
Pages : 146
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Book Description
The concept of fitness to plead has its origins in the medieval courts of England, where the ritual of court proceedings demanded that accused individuals respond to the charges against them. Being fit to plead, however, has involved into a fundamental principle of British law and those legal systems that have evolved from it, and it is now associated with the principle of a fair trial. But in spite of its long heritage, the meaning of "being fit to plead", its implications and its consequences all remain vague. Little research has taken place in relation to the concept or its applications in England and Wales, and much of what has been said about fitness to plead has taken place in a factual vacuum.; This book is the result of extensive research into both the development of the concept of fitness to plead and its application. It is based on a review of all individuals found unfit in England and Wales between 1976 and 1988 and provides detailed information about those found unfit to plead and the circumstances associated with their findings, together with follow-up of the psychiatric and legal outcomes. Problems with the working of the law in relation to fitness to plead are discussed and recent changes to it are critically reviewed. The end result is a full consideration of whether the modern concept of fitness to plead protects individuals from unfair trials, and the courts from miscarriages of justice.
Author: Ronnie Mackay
Publisher: Oxford University Press
ISBN: 0191092711
Category : Law
Languages : en
Pages : 352
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Book Description
The law relating to fitness to plead is an increasingly important area of the criminal law. While criminalization may be justified whenever an offender commits a sufficiently serious moral wrong requiring that he or she be called to account, the doctrine of fitness to plead calls this principle into question in the case of a person who lacks the capacity or ability to participate meaningfully in a criminal trial. In light of the emerging focus on capacity-based approaches to decision-making and the international human rights requirement that the law should treat defendants fairly, this volume offers a benchmark for the theory and practice of fitness to plead, providing readers with a unique opportunity to consider differing perspectives and debate on the future development and direction of a doctrine which has up till now been under-discussed and under-researched. The fitness to plead rules stand as an exception to notions of public accountability for criminal wrongdoing yet, despite the doctrine's long-standing function in criminal procedure, it has proven complex to apply in practice and has given rise to many varied legislative models and considerable litigation in different jurisdictions. Particularly troublesome is the question of what is to be done with someone who has been found unfit to stand trial. Here the law is required to balance the need to protect those defendants who are unable to participate effectively in their own trial, whether permanently or for a defined period, and the need to protect the public from people who may have caused serious social harm as a result of their antisocial behaviour. The challenge for law reformers, legislators, and judges, is to create rules that ensure that everyone who can properly be tried is tried, while seeking to preserve confidence in the fairness of the legal system by ensuring that people who cannot properly engage in the criminal trial process are not forced to endure it.
Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780118405041
Category : Business & Economics
Languages : en
Pages : 272
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Book Description
This paper discusses the law on unfitness to plead or to be tried in criminal proceedings. The law on unfitness to plead is concerned with whether or not an accused is able to stand trial and, if not, the procedure that should be used to deal with that accused. Where there is an issue of unfitness to plead it is not the accused's guilt that is considered but whether they are 'under a disability' and if so the jury must determine whether or not the accused did the act or made the omission charged. In this paper the analysis of the modern law on unfitness to plead is set within the broader context of the law relating to vulnerable defendants, the Mental Health Act 1983 as amended by the Mental Health Act 2007, and the Mental Capacity Act 2005. A number of proposals are put forward, primarily that there should be a new revised single legal test which assesses whether the accused has decision-making capacity for trial. The test should not require that any decision the accused makes must be rational or wise
Author: Jane M. McCarthy
Publisher: Cambridge University Press
ISBN: 110896317X
Category : Medical
Languages : en
Pages : 325
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Book Description
Evidence has shown a high prevalence of neurodevelopmental disorders amongst offenders in custodial institutions. Bringing together the latest knowledge and understanding, this book describes the needs of offenders who present with neurodevelopmental disorders, including autism spectrum disorder, ADHD, intellectual disability and foetal alcohol spectrum disorders. The book covers aetiology, prevalence, comorbid mental disorders, legal issues, assessment including risk assessments, diagnosis and therapeutic approaches. It describes care pathways through the criminal justice system across the UK and internationally, including the current and ongoing developments of services for this group. With contributions from experts in the field including psychiatrists, researchers and psychologists, this book provides a comprehensive summary of the evidence whilst ensuring the focus is for the everyday clinician working in this area. It is an invaluable resource for psychiatrists and other professionals working across the criminal justice system and within forensic services.
Author: Susan Young
Publisher: Oxford University Press
ISBN: 0198566832
Category : Language Arts & Disciplines
Languages : en
Pages : 363
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Book Description
Clinical psychologists are increasingly asked to prepare reports for legal purposes, often outside the scope of their own area. These might involve the mental state or neuropsychological effects of an injury to their client or to a third party. This is a practical reference text for those working in these important areas of forensic consultancy.
Author: Darryl K. Brown
Publisher: Oxford University Press
ISBN: 0190659866
Category : Law
Languages : en
Pages : 1034
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Book Description
The Oxford Handbook of Criminal Process surveys the topics and issues in the field of criminal process, including the laws, institutions, and practices of the criminal justice administration. The process begins with arrests or with crime investigation such as searches for evidence. It continues through trial or some alternative form of adjudication such as plea bargaining that may lead to conviction and punishment, and it includes post-conviction events such as appeals and various procedures for addressing miscarriages of justice. Across more than 40 chapters, this Handbook provides a descriptive overview of the subject sufficient to serve as a durable reference source, and more importantly to offer contemporary critical or analytical perspectives on those subjects by leading scholars in the field. Topics covered include history, procedure, investigation, prosecution, evidence, adjudication, and appeal.
Author:
Publisher: Academic Press
ISBN: 0128000554
Category : Law
Languages : en
Pages : 3080
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Book Description
Encyclopedia of Forensic and Legal Medicine, Volumes 1-4, Second Edition is a pioneering four volume encyclopedia compiled by an international team of forensic specialists who explore the relationship between law, medicine, and science in the study of forensics. This important work includes over three hundred state-of-the-art chapters, with articles covering crime-solving techniques such as autopsies, ballistics, fingerprinting, hair and fiber analysis, and the sophisticated procedures associated with terrorism investigations, forensic chemistry, DNA, and immunoassays. Available online, and in four printed volumes, the encyclopedia is an essential reference for any practitioner in a forensic, medical, healthcare, legal, judicial, or investigative field looking for easily accessible and authoritative overviews on a wide range of topics. Chapters have been arranged in alphabetical order, and are written in a clear-and-concise manner, with definitions provided in the case of obscure terms and information supplemented with pictures, tables, and diagrams. Each topic includes cross-referencing to related articles and case studies where further explanation is required, along with references to external sources for further reading. Brings together all appropriate aspects of forensic medicine and legal medicine Contains color figures, sample forms, and other materials that the reader can adapt for their own practice Also available in an on-line version which provides numerous additional reference and research tools, additional multimedia, and powerful search functions Each topic includes cross-referencing to related articles and case studies where further explanation is required, along with references to external sources for further reading
Author: Burkhard Madea
Publisher: John Wiley & Sons
ISBN: 1118570626
Category : Medical
Languages : en
Pages : 1312
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Book Description
Forensic Medicine encompasses all areas in which medicine and law interact. This book covers diverse aspects of forensic medicine including forensic pathology, traumatology and violent death, sudden and unexpected death, clinical forensic medicine, toxicology, traffic medicine, identification, haemogenetics and medical law. A knowledge of all these subdisciplines is necessary in order to solve routine as well as more unusual cases. Taking a comprehensive approach the book m.oves beyond a focus on forensic pathology to include clinical forensic medicine and forensic toxicology. All aspects of forensic medicine are covered to meet the specialist needs of daily casework. Aspects of routine analysis and quality control are addressed in each chapter. The book provides coverage of the latest developments in forensic molecular biology, forensic toxicology, molecular pathology and immunohistochemistry. A must-have reference for every specialist in the field this book is set to become the bench-mark for the international forensic medical community.
Author: Peter Vanezis
Publisher: John Wiley & Sons
ISBN: 1119186889
Category : Medical
Languages : en
Pages : 479
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Book Description
Provides an invaluable distillation of key topics in forensic medicine for undergraduate, masters, and postgraduate students Essential Forensic Medicine covers the broad area of the forensic medical sciences, delivering core knowledge in the biomedical sciences, and the law and ethics surrounding them. Concise, accessible chapters cover a wide range of topics from basic forensic identification and examination techniques to forensic toxicology and psychiatry. Written by internationally-recognized experts in the field, this authoritative guide offers complete chapter coverage of the legal system, courts, and witnesses; investigation of the deceased and their lawful disposal; and the duties of a registered medical practitioner and the General Medical Council. It instructs readers on the general principles of scene examination and the medico-legal autopsy including how to interpret the many kinds of injuries one can suffer—including those from blunt impact and sharp force, firearms and explosives, asphyxia and drowning. Further chapters cover sexual offences, child abuse, and using DNA in human identification, mental health, alcohol and drug abuse. A fresh, accessible, up to date textbook on forensic medicine Written by a well-known experts with decades of experience in the field Includes numerous figures and tables, and detailed lists of key information Features numerous case studies to reinforce key concepts and ideas explored within the book Helps students to prepare for examinations and enables practitioners to broaden their understanding of the discipline Part of the “Essential Forensic Science” series, Essential Forensic Medicine is a highly useful guide for advanced undergraduate students, master’s students, and new practitioners to the field.
