Fitness To Plead In England And Wales
Fitness To Plead In England And Wales

Author: Donald Grubin

Publisher: Psychology Press

Published: 2013-06-20

Total Pages: 146

ISBN-13: 1134835450

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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.

Fitness To Plead In England And Wales
Fitness To Plead In England And Wales

Author: Donald Grubin

Publisher: Psychology Press

Published: 2013-06-20

Total Pages: 142

ISBN-13: 1134835388

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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.

Model Rules of Professional Conduct
Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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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.

Manifest Madness
Manifest Madness

Author: Arlie Loughnan

Publisher: Oxford University Press, USA

Published: 2012-04-19

Total Pages: 307

ISBN-13: 0199698597

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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.

Fitness to Plead
Fitness to Plead

Author: Ronnie Mackay

Publisher: Oxford University Press

Published: 2018-06-20

Total Pages: 352

ISBN-13: 0191092711

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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.

The Wiley Blackwell Handbook of Forensic Neuroscience
The Wiley Blackwell Handbook of Forensic Neuroscience

Author: Anthony R. Beech

Publisher: John Wiley & Sons

Published: 2018-01-26

Total Pages: 1205

ISBN-13: 1118650913

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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.

Psycho-Criminological Perspective of Criminal Justice in Asia
Psycho-Criminological Perspective of Criminal Justice in Asia

Author: Heng Choon (Oliver) Chan

Publisher: Taylor & Francis

Published: 2017-03-27

Total Pages: 319

ISBN-13: 1317190262

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This book offers both theoretical and practical examinations of the psycho-criminology of criminal justice in Asia, with particular emphasis on the Hong Kong and Singapore contexts. It is designed to present the current state of the field, which addresses key topics in three major sub-areas – policing and legal system, offender rehabilitation and treatment, and research and future directions. Written by academics with extensive research experience in their respective topics and senior ranking practitioners in their fields, topics include psychologists’ involvement in different aspects of forensic investigation, police emotional reactions to major incidents, the application of psychological approaches in developing offender rehabilitation and treatment modules to address different offender’s criminogenic needs, and legal issues related to the insanity defence, fitness to plead, the jury system, and the procedural justice and legitimacy. An important reference for post-graduate courses, this book will be of special interest to criminologists and psychologists working in forensic settings, mental health professionals, policy-makers, police personnel, prison officials, and legal executives. Chapters include: 1. Youth gang offenders in Singapore 2. Offender rehabilitation: the Hong Kong Correctional Services Department 3. Juries as decision makers in East Asian judicial systems: Hong Kong, the Mainland China, South Korea, and Japan 4. The psychology of violent extremism: what we know and what else we need to do

Insanity
Insanity

Author: Charles Patrick Ewing

Publisher: Oxford University Press

Published: 2008-04-07

Total Pages: 215

ISBN-13: 0198043694

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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.