Crime and Mental Health Law in New South Wales PDF Download

Author: Dan Howard
Publisher:
ISBN: 9780409327083
Category : Criminal liability
Languages : en
Pages : 0

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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.

Author: Ian R. Freckelton
Publisher: Federation Press
ISBN: 9781862875531
Category : Family & Relationships
Languages : en
Pages : 740

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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.

Author: Linda Steele
Publisher: Routledge
ISBN: 1351240315
Category : Law
Languages : en
Pages : 382

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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.

Author: Warren Brookbanks
Publisher: Oxford University Press
ISBN: 0198854943
Category : Law
Languages : en
Pages : 417

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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.

Author: Steven Yannoulidis
Publisher: Routledge
ISBN: 1317097297
Category : Social Science
Languages : en
Pages : 277

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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.

Author:
Publisher:
ISBN: 9780409347449
Category :
Languages : en
Pages :

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Book Description
Crime and Mental Health Law in New South Wales: A Practical Guide for Lawyers and Health Care Professionals provides a practical guide to the law on mental health issues arising within the criminal justice framework in NSW.

Author: Chris Ashford
Publisher: Cambridge Scholars Publishing
ISBN: 1443857173
Category : Law
Languages : en
Pages : 439

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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.

Author: Alan Felthous
Publisher: John Wiley & Sons
ISBN: 047006644X
Category : Psychology
Languages : en
Pages : 512

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Book Description
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.

Author: Alan Felthous
Publisher: John Wiley & Sons
ISBN: 111915930X
Category : Psychology
Languages : en
Pages : 1250

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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.

Author: Melchor de Guzman
Publisher: CRC Press
ISBN: 1420076701
Category : Computers
Languages : en
Pages : 344

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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