Author: Dan Howard
Publisher:
ISBN: 9780409327083
Category : Criminal liability
Languages : en
Pages : 0
Book Description
This publication is a practical guide to the law on mental health issues that arise within the criminal justice framework in New South Wales. It offers comprehensive coverage and clear explanations of all of the important topics in this field and is an ideal resource for lawyers, mental health professionals, correctional health personnel, and anyone else engaged in the fields of criminal law and forensic mental health, or students with an interest in pursuing studies or a career in these areas. All chapters have been fully revised, updated and, in many cases, significantly expanded. The operation of the Mental Health Act 2007 and the Mental Health (Forensic Provisions) Act 1990 is dealt with in detail. New to this edition are the chapters on the management of forensic and correctional patients, infanticide, and a comprehensive chapter on the assessment and management of risk, including a section on the Crimes (Serious Sex Offenders) Act 2006.
Crime and Mental Health Law in New South Wales
Author: Dan Howard
Publisher:
ISBN: 9780409327083
Category : Criminal liability
Languages : en
Pages : 0
Book Description
This publication is a practical guide to the law on mental health issues that arise within the criminal justice framework in New South Wales. It offers comprehensive coverage and clear explanations of all of the important topics in this field and is an ideal resource for lawyers, mental health professionals, correctional health personnel, and anyone else engaged in the fields of criminal law and forensic mental health, or students with an interest in pursuing studies or a career in these areas. All chapters have been fully revised, updated and, in many cases, significantly expanded. The operation of the Mental Health Act 2007 and the Mental Health (Forensic Provisions) Act 1990 is dealt with in detail. New to this edition are the chapters on the management of forensic and correctional patients, infanticide, and a comprehensive chapter on the assessment and management of risk, including a section on the Crimes (Serious Sex Offenders) Act 2006.
Publisher:
ISBN: 9780409327083
Category : Criminal liability
Languages : en
Pages : 0
Book Description
This publication is a practical guide to the law on mental health issues that arise within the criminal justice framework in New South Wales. It offers comprehensive coverage and clear explanations of all of the important topics in this field and is an ideal resource for lawyers, mental health professionals, correctional health personnel, and anyone else engaged in the fields of criminal law and forensic mental health, or students with an interest in pursuing studies or a career in these areas. All chapters have been fully revised, updated and, in many cases, significantly expanded. The operation of the Mental Health Act 2007 and the Mental Health (Forensic Provisions) Act 1990 is dealt with in detail. New to this edition are the chapters on the management of forensic and correctional patients, infanticide, and a comprehensive chapter on the assessment and management of risk, including a section on the Crimes (Serious Sex Offenders) Act 2006.
Disability, Criminal Justice and Law
Author: Linda Steele
Publisher: Routledge
ISBN: 1351240315
Category : Law
Languages : en
Pages : 382
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.
Publisher: Routledge
ISBN: 1351240315
Category : Law
Languages : en
Pages : 382
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.
The Insanity Defence
Author: Warren Brookbanks
Publisher: Oxford University Press
ISBN: 0198854943
Category : Law
Languages : en
Pages : 417
Book Description
More than any other defence in the criminal law, the insanity defence has, and continues to be, the subject of heated debate. Yet too little is known about how the insanity defence operates in different jurisdictions, including in the United Kingdom and Ireland. In this book, Mackay and Brookbanks, and their team of expert contributors, explore the theory and practice around the insanity defence and analyse its diverse influence and manifestations across a wide range of common law and civil law jurisdictions. Typically, the insanity defence, as exemplified in the M'Naghten Rules, represents a foundational aspect of criminal responsibility, although in some jurisdictions it serves only to define degrees of mental capacity. However, what all jurisdictions have in common is the high and increasing incidence of mental illness and impairment challenging existing constructions of an exculpatory rule. This book explores in detail the origins and operation of the M'Naghten Rules as well as the eclectic nature of the insanity defence, its highly variable linguistic expression, and the diverse social policy mandates it seeks to embrace. The Insanity Defence will reinvigorate the debate about the defence by discussing both its theoretical basis and exploring how different jurisdictions approach the insanity plea, not only in relation to an appropriate test and how it operates, but also from the perspective of disposal and how those who use the insanity defence successfully are dealt with. This book will be of interest to researchers, academics, and advanced students with an interest in criminal law internationally, as well as to those involved in the development of policy and legislation.
Publisher: Oxford University Press
ISBN: 0198854943
Category : Law
Languages : en
Pages : 417
Book Description
More than any other defence in the criminal law, the insanity defence has, and continues to be, the subject of heated debate. Yet too little is known about how the insanity defence operates in different jurisdictions, including in the United Kingdom and Ireland. In this book, Mackay and Brookbanks, and their team of expert contributors, explore the theory and practice around the insanity defence and analyse its diverse influence and manifestations across a wide range of common law and civil law jurisdictions. Typically, the insanity defence, as exemplified in the M'Naghten Rules, represents a foundational aspect of criminal responsibility, although in some jurisdictions it serves only to define degrees of mental capacity. However, what all jurisdictions have in common is the high and increasing incidence of mental illness and impairment challenging existing constructions of an exculpatory rule. This book explores in detail the origins and operation of the M'Naghten Rules as well as the eclectic nature of the insanity defence, its highly variable linguistic expression, and the diverse social policy mandates it seeks to embrace. The Insanity Defence will reinvigorate the debate about the defence by discussing both its theoretical basis and exploring how different jurisdictions approach the insanity plea, not only in relation to an appropriate test and how it operates, but also from the perspective of disposal and how those who use the insanity defence successfully are dealt with. This book will be of interest to researchers, academics, and advanced students with an interest in criminal law internationally, as well as to those involved in the development of policy and legislation.
The Teaching of Criminal Law
Author: Kris Gledhill
Publisher: Taylor & Francis
ISBN: 1317553381
Category : Education
Languages : en
Pages : 223
Book Description
The Teaching of Criminal Law provides the first considered discussion of the pedagogy that should inform the teaching of criminal law. It originates from a survey of criminal law courses in different parts of the English-speaking world which showed significant similarity across countries and over time. It also showed that many aspects of substantive law are neglected. This prompted the question of whether any real consideration had been given to criminal law course design. This book seeks to provide a critical mass of thought on how to secure an understanding of substantive criminal law, by examining the course content that best illustrates the thought process of a criminal lawyer, by presenting innovative approaches for securing active learning by students, and by demonstrating how criminal law can secure other worthwhile graduate attributes by introducing wider contexts. This edited collection brings together contributions from academic teachers of criminal law from Australia, New Zealand, the United Kingdom, and Ireland who have considered issues of course design and often implemented them. Together, they examine several innovative approaches to the teaching of criminal law that have been adopted in a number of law schools around the world, both in teaching methodology and substantive content. The authors offer numerous suggestions for the design of a criminal law course that will ensure students gain useful insights into criminal law and its role in society. This book helps fill the gap in research into criminal law pedagogy and demonstrates that there are alternative ways of delivering this core part of the law degree. As such, this book will be of key interest to researchers, academics and lecturers in the fields of criminal law, pedagogy and teaching methods.
Publisher: Taylor & Francis
ISBN: 1317553381
Category : Education
Languages : en
Pages : 223
Book Description
The Teaching of Criminal Law provides the first considered discussion of the pedagogy that should inform the teaching of criminal law. It originates from a survey of criminal law courses in different parts of the English-speaking world which showed significant similarity across countries and over time. It also showed that many aspects of substantive law are neglected. This prompted the question of whether any real consideration had been given to criminal law course design. This book seeks to provide a critical mass of thought on how to secure an understanding of substantive criminal law, by examining the course content that best illustrates the thought process of a criminal lawyer, by presenting innovative approaches for securing active learning by students, and by demonstrating how criminal law can secure other worthwhile graduate attributes by introducing wider contexts. This edited collection brings together contributions from academic teachers of criminal law from Australia, New Zealand, the United Kingdom, and Ireland who have considered issues of course design and often implemented them. Together, they examine several innovative approaches to the teaching of criminal law that have been adopted in a number of law schools around the world, both in teaching methodology and substantive content. The authors offer numerous suggestions for the design of a criminal law course that will ensure students gain useful insights into criminal law and its role in society. This book helps fill the gap in research into criminal law pedagogy and demonstrates that there are alternative ways of delivering this core part of the law degree. As such, this book will be of key interest to researchers, academics and lecturers in the fields of criminal law, pedagogy and teaching methods.
Legal Perspectives on State Power
Author: Chris Ashford
Publisher: Cambridge Scholars Publishing
ISBN: 1443857173
Category : Law
Languages : en
Pages : 439
Book Description
The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI Refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.
Publisher: Cambridge Scholars Publishing
ISBN: 1443857173
Category : Law
Languages : en
Pages : 439
Book Description
The issue of consent and criminal law commonly focuses on consent in sports, sexual activity, and medical treatment. The notion of consent and the influence of state control in this context, however, are pervasive throughout the criminal justice process from the pre-trial stage to rehabilitation. This edited collection charts an important and original pathway to understanding these important issues, pre-, during, and post-trial, from a range of perspectives, including doctrinal, socio-legal, intersectional, medico-legal, feminist, critical legal, and queer theoretical viewpoints. The collection addresses the complex inter-relationship between consent and state control in relation to private authorisation and public censure; sexual behaviour; the age of consent; queering consent; Pro-LGBTI Refugee cases; rape by fraud; male rape; undercover policing; prisons and consent; compulsory treatment for sex offenders; sex offenders with high functioning autism and the suitability of sex offender treatment programmes; and, the criminalisation of HIV transmission. This multi-disciplinary approach draws together a variety of experts from legal and medical academia and practice in order to confront the issues raised by these subjects, which are likely to remain controversial and in need of reform for years to come.
Disputes and Dilemmas in Health Law
Author: Ian R. Freckelton
Publisher: Federation Press
ISBN: 9781862875531
Category : Family & Relationships
Languages : en
Pages : 740
Book Description
This book replaces the successful Controversies in Health Law. Under the same editorship and much the same authorship, it is substantially larger (30 chapters instead of 18) and correspondingly more comprehensive. It retains the lively analysis and the focus on controversial and cutting-edge problems. The chapters are broken up into parts covering Litigation and Liabilty; Reproductive Technologies; The Sequelae of the End of Life; Public Health; Ethical Frameworks and Dilemmas; Regulation; Human Rights and Therapeutic Jurisprudence; Research and Vulnerability and Information, Privacy and Confidentiality . They consider issues raised by new technologies, changing legislation and altering community expectations; by new regulatory processes for medicine and all of the health professions; by the fundamental changes to civil liability for medical negligence; by the fierce debate over the role of coroners. Disputes and Dilemmas in Health Law covers questions on property in human tissue and on the ethical and legal aspects of the genetics revolution; provides a modern take on "old" issues such as reproductive law; takes account of changes relating to expert evidence; and discusses how difficult cases in relation to psychiatric injury and wrongful life are pushing compensability to its edges.
Publisher: Federation Press
ISBN: 9781862875531
Category : Family & Relationships
Languages : en
Pages : 740
Book Description
This book replaces the successful Controversies in Health Law. Under the same editorship and much the same authorship, it is substantially larger (30 chapters instead of 18) and correspondingly more comprehensive. It retains the lively analysis and the focus on controversial and cutting-edge problems. The chapters are broken up into parts covering Litigation and Liabilty; Reproductive Technologies; The Sequelae of the End of Life; Public Health; Ethical Frameworks and Dilemmas; Regulation; Human Rights and Therapeutic Jurisprudence; Research and Vulnerability and Information, Privacy and Confidentiality . They consider issues raised by new technologies, changing legislation and altering community expectations; by new regulatory processes for medicine and all of the health professions; by the fundamental changes to civil liability for medical negligence; by the fierce debate over the role of coroners. Disputes and Dilemmas in Health Law covers questions on property in human tissue and on the ethical and legal aspects of the genetics revolution; provides a modern take on "old" issues such as reproductive law; takes account of changes relating to expert evidence; and discusses how difficult cases in relation to psychiatric injury and wrongful life are pushing compensability to its edges.
The Wiley International Handbook on Psychopathic Disorders and the Law
Author: Alan Felthous
Publisher: John Wiley & Sons
ISBN: 111915930X
Category : Psychology
Languages : en
Pages : 1250
Book Description
The economic impact of society's attempts to rehabilitate and contain psychopathically disordered individuals can be enormous. Understanding the nature of these disorders, developing accurate and valid assessment methods, and providing effective treatment and safe management cannot be underestimated. Including contributions from an international panel of experts from Europe, North America, and Asia, this two-volume set offers an in-depth, multidisciplinary look at key aspects of the development and etiology of psychopathic disorders; current methods of intervention, treatment, and management; and how these disorders impact decision-making in civil and criminal law. The most comprehensive major reference work available on psychopathy and the law, The Wiley International Handbook on Psychopathic Disorders and the Law, 2nd Edition: Covers the full history and conceptual development of psychopathic disorders Provides unique and enlightening perspectives on the subject from some of the world’s most well-renowned professionals in the field Looks at the etiology and pathogenesis of psychopathic disorders Examines current methods for the intervention, treatment, and management of ADHD, antisocial behavior, and impulsive aggression Provides in-depth discussions of civil and criminal law issues The Wiley International Handbook on Psychopathic Disorders and the Law, 2nd Edition is a must-have reference for practitioners and academics in clinical psychology, forensic psychology, psychiatry, probation, law, law enforcement, and social work.
Publisher: John Wiley & Sons
ISBN: 111915930X
Category : Psychology
Languages : en
Pages : 1250
Book Description
The economic impact of society's attempts to rehabilitate and contain psychopathically disordered individuals can be enormous. Understanding the nature of these disorders, developing accurate and valid assessment methods, and providing effective treatment and safe management cannot be underestimated. Including contributions from an international panel of experts from Europe, North America, and Asia, this two-volume set offers an in-depth, multidisciplinary look at key aspects of the development and etiology of psychopathic disorders; current methods of intervention, treatment, and management; and how these disorders impact decision-making in civil and criminal law. The most comprehensive major reference work available on psychopathy and the law, The Wiley International Handbook on Psychopathic Disorders and the Law, 2nd Edition: Covers the full history and conceptual development of psychopathic disorders Provides unique and enlightening perspectives on the subject from some of the world’s most well-renowned professionals in the field Looks at the etiology and pathogenesis of psychopathic disorders Examines current methods for the intervention, treatment, and management of ADHD, antisocial behavior, and impulsive aggression Provides in-depth discussions of civil and criminal law issues The Wiley International Handbook on Psychopathic Disorders and the Law, 2nd Edition is a must-have reference for practitioners and academics in clinical psychology, forensic psychology, psychiatry, probation, law, law enforcement, and social work.
Mental State Defences in Criminal Law
Author: Steven Yannoulidis
Publisher: Routledge
ISBN: 1317097297
Category : Social Science
Languages : en
Pages : 277
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.
Publisher: Routledge
ISBN: 1317097297
Category : Social Science
Languages : en
Pages : 277
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.
Strategies and Responses to Crime
Author: Melchor de Guzman
Publisher: CRC Press
ISBN: 1420076701
Category : Computers
Languages : en
Pages : 344
Book Description
Every year, esteemed scholars and practitioners meet at the International Police Executive Symposium to discuss contemporary issues in policing and share ideas about effective strategies in their jurisdictions. Drawn from the proceedings at the Thirteenth Annual Meeting held in Turkey and updated with new developments since the conference, Strategi
Publisher: CRC Press
ISBN: 1420076701
Category : Computers
Languages : en
Pages : 344
Book Description
Every year, esteemed scholars and practitioners meet at the International Police Executive Symposium to discuss contemporary issues in policing and share ideas about effective strategies in their jurisdictions. Drawn from the proceedings at the Thirteenth Annual Meeting held in Turkey and updated with new developments since the conference, Strategi
Law and Ethics for Health Practitioners - E-Book Epub
Author: Sonia Allan
Publisher: Elsevier Health Sciences
ISBN: 0729598799
Category : Medical
Languages : en
Pages : 332
Book Description
Law and Ethics for Health Practitioners provides clear and succinct information that demystifies legal, ethical and regulatory principles and their implications for clinical practice. Accessible and easy to follow, the book provides a clear and concise introduction to the Australian legal and health systems, discussion of legal rules and regulations that govern health practice, and a guide to ethical principles, theories and approaches to support health practitioner decision making and practice. It is an essential resource presenting well-researched information in an easy-to-understand way, and practical guidance for health practitioners to apply the concepts discussed to their daily work. This book is ideal for students undertaking a law and ethics unit in any health or medical course, as well as being an excellent resource for health practitioners practising in areas ranging from medicine to nursing, dentistry, occupational therapy, physiotherapy, podiatry, psychology or any other allied health profession. - Makes dry legal and ethical content interesting and easy to follow – accessible for all students and health practitioners. - Clear and succinct explanations of current laws, ethical principles and theories make learning and application to practice easy. - Explores hot topics such as consent, child and elder abuse, end-of-life decision making, management of health information, mental health legislation, negligence, tissue and organ donation, the regulation of drugs and poisons, and more. - Provides practical information about working with legal representatives. - Applied case examples link theory to clinical practice. - Suitable for students and practitioners of a wide variety of health disciplines. - Written by an expert in health law with contributions from health practitioners who provide practical insight into issues faced in diverse areas of clinical practice. New to this edition - Fully updated throughout - Additional coverage of how the law and ethics interact, ethical theories, decision making, leadership and self-care, now discussed across three chapters - Ethical considerations embedded throughout legal chapters where appropriate to further consolidate how the law and ethics may interact - New and expanded coverage and guidance to assist health practitioners who must work with legal representatives, and appear in court - A new chapter on alternative dispute resolution and tribunals Instructor resources on Evolve: - PowerPoints Student and Instructor resources on Evolve: - MCQs - Weblinks - Image library
Publisher: Elsevier Health Sciences
ISBN: 0729598799
Category : Medical
Languages : en
Pages : 332
Book Description
Law and Ethics for Health Practitioners provides clear and succinct information that demystifies legal, ethical and regulatory principles and their implications for clinical practice. Accessible and easy to follow, the book provides a clear and concise introduction to the Australian legal and health systems, discussion of legal rules and regulations that govern health practice, and a guide to ethical principles, theories and approaches to support health practitioner decision making and practice. It is an essential resource presenting well-researched information in an easy-to-understand way, and practical guidance for health practitioners to apply the concepts discussed to their daily work. This book is ideal for students undertaking a law and ethics unit in any health or medical course, as well as being an excellent resource for health practitioners practising in areas ranging from medicine to nursing, dentistry, occupational therapy, physiotherapy, podiatry, psychology or any other allied health profession. - Makes dry legal and ethical content interesting and easy to follow – accessible for all students and health practitioners. - Clear and succinct explanations of current laws, ethical principles and theories make learning and application to practice easy. - Explores hot topics such as consent, child and elder abuse, end-of-life decision making, management of health information, mental health legislation, negligence, tissue and organ donation, the regulation of drugs and poisons, and more. - Provides practical information about working with legal representatives. - Applied case examples link theory to clinical practice. - Suitable for students and practitioners of a wide variety of health disciplines. - Written by an expert in health law with contributions from health practitioners who provide practical insight into issues faced in diverse areas of clinical practice. New to this edition - Fully updated throughout - Additional coverage of how the law and ethics interact, ethical theories, decision making, leadership and self-care, now discussed across three chapters - Ethical considerations embedded throughout legal chapters where appropriate to further consolidate how the law and ethics may interact - New and expanded coverage and guidance to assist health practitioners who must work with legal representatives, and appear in court - A new chapter on alternative dispute resolution and tribunals Instructor resources on Evolve: - PowerPoints Student and Instructor resources on Evolve: - MCQs - Weblinks - Image library