Fitness To Plead In England And Wales PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Fitness To Plead In England And Wales PDF full book. Access full book title Fitness To Plead In England And Wales by Donald Grubin. Download full books in PDF and EPUB format.
Author: Donald Grubin
Publisher: Psychology Press
ISBN: 1134835450
Category : Psychology
Languages : en
Pages : 146
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
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: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Donald Paull
Publisher: Charles C. Thomas Publisher
ISBN:
Category : Law
Languages : en
Pages : 206
Get Book Here
Book Description
Author: Alan Reed
Publisher: Cambridge Scholars Publishing
ISBN: 1443875694
Category : Law
Languages : en
Pages : 450
Get Book Here
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: Arlie Loughnan
Publisher: Oxford University Press, USA
ISBN: 0199698597
Category : Law
Languages : en
Pages : 307
Get Book Here
Book Description
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.
Author: Great Britain: Law Commission
Publisher: The Stationery Office
ISBN: 9780118405041
Category : Business & Economics
Languages : en
Pages : 272
Get Book Here
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: R. D. Mackay
Publisher: Oxford University Press on Demand
ISBN: 9780198259954
Category : Law
Languages : en
Pages : 252
Get Book Here
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: Anthony R. Beech
Publisher: John Wiley & Sons
ISBN: 1118650913
Category : Psychology
Languages : en
Pages : 1205
Get Book Here
Book Description
Explores how the explosion of neuroscience-based evidence in recent years has led to a fundamental change in how forensic psychology can inform working with criminal populations. This book communicates knowledge and research findings in the neurobiological field to those who work with offenders and those who design policy for offender rehabilitation and criminal justice systems, so that practice and policy can be neurobiologically informed, and research can be enhanced. Starting with an introduction to the subject of neuroscience and forensic settings, The Wiley Blackwell Handbook of Forensic Neuroscience then offers in-depth and enlightening coverage of the neurobiology of sex and sexual attraction, aggressive behavior, and emotion regulation; the neurobiological bases to risk factors for offending such as genetics, developmental, alcohol and drugs, and mental disorders; and the neurobiology of offending, including psychopathy, antisocial personality disorders, and violent and sexual offending. The book also covers rehabilitation techniques such as brain scanning, brain-based therapy for adolescents, and compassion-focused therapy. The book itself: Covers a wide array of neuroscience research Chapters by renowned neuroscientists and criminal justice experts Topics covered include the neurobiology of aggressive behavior, the neuroscience of deception, genetic contributions to psychopathy, and neuroimaging-guided treatment Offers conclusions for practitioners and future directions for the field. The Handbook of Forensic Neuroscience is a welcome book for all researchers, practitioners, and postgraduate students involved with forensic psychology, neuroscience, law, and criminology.
Author: Charles Patrick Ewing
Publisher: Oxford University Press
ISBN: 0198043694
Category : Psychology
Languages : en
Pages : 215
Get Book Here
Book Description
The insanity defense is one of the oldest fixtures of the Anglo-American legal tradition. Though it is available to people charged with virtually any crime, and is often employed without controversy, homicide defendants who raise the insanity defense are often viewed by the public and even the legal system as trying to get away with murder. Often it seems that legal result of an insanity defense is unpredictable, and is determined not by the defendants mental state, but by their lawyers and psychologists influence. From the thousands of murder cases in which defendants have claimed insanity, Doctor Ewing has chosen ten of the most influential and widely varied. Some were successful in their insanity plea, while others were rejected. Some of the defendants remain household names years after the fact, like Jack Ruby, while others were never nationally publicized. Regardless of the circumstances, each case considered here was extremely controversial, hotly contested, and relied heavily on lengthy testimony by expert psychologists and psychiatrists. Several of them played a major role in shaping the criminal justice system as we know it today. In this book, Ewing skillfully conveys the psychological and legal drama of each case, while providing important and fresh professional insights. For the legal or psychological professional, as well as the interested reader, Insanity will take you into the minds of some of the most incomprehensible murderers of our age.
Author: Valentina Della Fina
Publisher: Springer
ISBN: 3319437909
Category : Law
Languages : en
Pages : 776
Get Book Here
Book Description
This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the travaux préparatoires, this Commentary examines each provision’s substance and interpretation, and explores the significance of each right, its legal scope and relationship with other international legal norms and principles. A unique contribution also analyzes the Optional Protocol to the Convention. In addition to enriching academic studies of international human rights law, the book provides insights into the practical operation of the Convention’s provisions by assessing the practice of the CRPD Committee, the activities of relevant international and regional human rights bodies in enforcing the rights of persons with disabilities and the contracting parties’ implementation practices. Relevant European Court of Human Rights, the Court of Justice of the European Union and, if appropriate, other regional jurisdictions’ case law, as well as the jurisprudence of domestic courts, are taken into consideration. Contributions from leading scholars and international experts make this book an indispensable resource for lawyers, academics, students, journalists, international organizations, NGOs and other stakeholders wanting to better understand the rights of people with disabilities. Furthermore, it makes a valuable contribution to appraising the impact of the Convention in the legal orders of contracting parties and to charting the way forward in the protection of the rights of persons with disabilities.
