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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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A Prescription for Dignity: Rethinking Criminal Justice and Mental Disability Law (eBook)

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ISBN13: 9781317187059
Published: July 2013
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: eBook (ePub)
Price: £79.17 + £15.83 VAT
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Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers presents new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process.

It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the influence of therapeutic jurisprudence, procedural justice, and restorative justice on the legal process. It considers all of these perspectives in the context of criminal justice system issues such as competency findings, the insanity defense, and sentencing.

Demonstrating how the question of treatment of persons with mental disabilities in the criminal justice system is not only a vital one for both scholars and practitioners, but also a central facet of international human rights law, this book suggests policy development, further scholarly inquiries and newly invigorated thinking and action to place dignity at the core of the criminal justice system.

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Criminal Law, Mental Health Law, Other Jurisdictions , eBooks, USA

Part I The Four Factors: The four factors, sanism, pretextuality, heuristics and ‘ordinary common sense’.

Part II The Five Perspectives: Counsel
International human rights law
Mental health courts
Alternative jurisprudences
Contextualizing dignity.

Part III The Substantive Areas: Competencies
The insanity defense