Crime and Mental Health Law in New South Wales
Crime and Mental Health Law in New South Wales

Author: Dan Howard

Publisher:

Published: 2010

Total Pages: 0

ISBN-13: 9780409327083

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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.

Disputes and Dilemmas in Health Law
Disputes and Dilemmas in Health Law

Author: Ian R. Freckelton

Publisher: Federation Press

Published: 2006

Total Pages: 740

ISBN-13: 9781862875531

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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 Insanity Defence
The Insanity Defence

Author: Warren Brookbanks

Publisher: Oxford University Press

Published: 2022-11-08

Total Pages: 417

ISBN-13: 0198854943

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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 International Handbook on Psychopathic Disorders and the Law
The International Handbook on Psychopathic Disorders and the Law

Author: Alan Felthous

Publisher: John Wiley & Sons

Published: 2012-05-14

Total Pages: 512

ISBN-13: 047006644X

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Reflecting the work of an international panel of experts, the International Handbook on Psychopathic Disorders and the Law offers an in-depth and 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.

Legal Perspectives on State Power
Legal Perspectives on State Power

Author: Chris Ashford

Publisher: Cambridge Scholars Publishing

Published: 2016-12-14

Total Pages: 439

ISBN-13: 1443857173

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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.

Mental State Defences in Criminal Law
Mental State Defences in Criminal Law

Author: Steven Yannoulidis

Publisher: Routledge

Published: 2016-04-22

Total Pages: 277

ISBN-13: 1317097297

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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.

Disability, Criminal Justice and Law
Disability, Criminal Justice and Law

Author: Linda Steele

Publisher: Routledge

Published: 2020-04-29

Total Pages: 382

ISBN-13: 1351240315

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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.

Strategies and Responses to Crime
Strategies and Responses to Crime

Author: Melchor de Guzman

Publisher: CRC Press

Published: 2011-10-17

Total Pages: 344

ISBN-13: 1420076701

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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

A Companion to Criminal Justice, Mental Health and Risk
A Companion to Criminal Justice, Mental Health and Risk

Author: Taylor, Paul

Publisher: Policy Press

Published: 2014-10-22

Total Pages: 368

ISBN-13: 1447312627

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Within the domains of criminal justice and mental health care, critical debate concerning ‘care’ versus ‘control’ and ‘therapy’ versus ‘security’ is now commonplace. Indeed, the ‘hybridisation’ of these areas is now a familiar theme. This unique and topical text provides an array of expert analyses from key contributors in the field that explore the interface between criminal justice and mental health. Using concise yet robust definitions of key terms and concepts, it consolidates scholarly analysis of theory, policy and practice. Readers are provided with practical debates, in addition to the theoretical and ideological concerns surrounding the risk assessment, treatment, control and risk management in a cross-disciplinary context. Included in this book is recommended further reading and an index of legislation, making it an ideal resource for students at undergraduate and postgraduate level, together with researchers and practitioners in the field.