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Disability Criminal Justice And Law
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Book Synopsis Disability Incarcerated by : L. Ben-Moshe
Download or read book Disability Incarcerated written by L. Ben-Moshe and published by Springer. This book was released on 2014-05-29 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disability Incarcerated gathers thirteen contributions from an impressive array of fields. Taken together, these essays assert that a complex understanding of disability is crucial to an understanding of incarceration, and that we must expand what has come to be called 'incarceration.' The chapters in this book examine a host of sites, such as prisons, institutions for people with developmental disabilities, psychiatric hospitals, treatment centers, special education, detention centers, and group homes; explore why various sites should be understood as incarceration; and discuss the causes and effects of these sites historically and currently. This volume includes a preface by Professor Angela Y. Davis and an afterword by Professor Robert McRuer.
Book Synopsis A Prescription for Dignity by : Michael L. Perlin
Download or read book A Prescription for Dignity written by Michael L. Perlin and published by Routledge. This book was released on 2016-03-16 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers 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.
Book Synopsis Minding Justice by : Christopher Slobogin
Download or read book Minding Justice written by Christopher Slobogin and published by Harvard University Press. This book was released on 2006 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities provides innovative solutions to problems associated with criminal responsibility, protection of society from "dangerous" individuals, and the state's authority to act paternalistically.
Book Synopsis Disability Injustice by : Kelly Fritsch
Download or read book Disability Injustice written by Kelly Fritsch and published by UBC Press. This book was released on 2022-02-15 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ableism is embedded in Canadian criminal justice institutions, policies, and practices, making incarceration and institutionalization dangerous – even deadly – for disabled people. Disability Injustice examines disability in contexts that include policing and surveillance, sentencing and the courts, prisons and alternatives to confinement. The contributors confront challenging topics such as the pathologizing of difference as deviance; eugenics and crime control; criminalization based on biased physical and mental health approaches; and the role of disability justice activism in contesting discrimination. This provocative collection highlights how, with deeper understanding of disability, we can challenge the practices of crime control and the processes of criminalization.
Book Synopsis Mental Disability Law by : Michael L. Perlin
Download or read book Mental Disability Law written by Michael L. Perlin and published by Lexis Law Publishing (Va). This book was released on 1998 with total page 602 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Disability, Criminal Justice and Law by : Linda Steele
Download or read book Disability, Criminal Justice and Law written by Linda Steele and published by Routledge. This book was released on 2020-04-29 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Mental Disability and the Death Penalty by : Michael L. Perlin
Download or read book Mental Disability and the Death Penalty written by Michael L. Perlin and published by Rowman & Littlefield Publishers. This book was released on 2013-01-17 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no question that the death penalty is disproportionately imposed in cases involving defendants with mental disabilities. There is clear, systemic bias at all stages of the prosecution and the sentencing process – in determining who is competent to be executed, in the assessment of mitigation evidence, in the ways that counsel is assigned, in the ways that jury determinations are often contaminated by stereotyped preconceptions of persons with mental disabilities, in the ways that cynical expert testimony reflects a propensity on the part of some experts to purposely distort their testimony in order to achieve desired ends. These questions are shockingly ignored at all levels of the criminal justice system, and by society in general. Here, Michael Perlin explores the relationship between mental disabilities and the death penalty and explains why and how this state of affairs has come to be, to explore why it is necessary to identify the factors that have contributed to this scandalous and shameful policy morass, to highlight the series of policy choices that need immediate remediation, and to offer some suggestions that might meaningfully ameliorate the situation. Using real cases to illustrate the ways in which the persons with mental disabilities are unable to receive fair treatment during death penalty trials, he demonstrates the depth of the problem and the way it’s been institutionalized so as to be an accepted part of our system. He calls for a new approach, and greater attention to the issues that have gone overlooked for so long.
Book Synopsis Criminal Mental Health and Disability Law, Evidence and Testimony by : John Parry
Download or read book Criminal Mental Health and Disability Law, Evidence and Testimony written by John Parry and published by American Bar Association. This book was released on 2009 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Intellectual Disability and the Criminal Justice System by : William B. Packard, Ph.d.
Download or read book Intellectual Disability and the Criminal Justice System written by William B. Packard, Ph.d. and published by CreateSpace. This book was released on 2013-10-08 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the plight of individuals with low or marginal intelligence who become involved in the criminal justice system. They appear no different than anyone else but they are much different – more prone to being exploited and frequently manipulated to engage in uncharacteristic, illicit acts without fully understanding the implications. Their better judgment is overshadowed by their need to be accepted as normal and achieve a sense of belonging.These individuals are usually the first to be stopped and questioned by police and they are often arrested simply for being in the wrong place (or with the wrong people) at the wrong time. Without their disability recognized, police treat them as anyone else, not affording them special protections and accommodations as guaranteed by law. They often self-incriminate when being interrogated,or worse, confess to a crime they haven't even committed. And they do this without truly understanding their legal rights.The criminal justice system has been ill-prepared to handle the sudden inundation of challenging cases. These defendants are lost in a system they don't understand and one that certainly does not understand them, which partially explains the high conviction rate and frequent travesties of justice.The book discusses these problems but more importantly, it provides readers alternative solutions, diversion strategies that can be enactedat every point of encounter, preventing entry or further penetration into the “system”. Building on years of firsthand experience, the author provides a useful guide for others working in the field, using many case illustrations, and specific steps to help communities develop a jail diversion program that is right for them.
Book Synopsis Crime Victims with Developmental Disabilities by : National Research Council
Download or read book Crime Victims with Developmental Disabilities written by National Research Council and published by National Academies Press. This book was released on 2001-02-06 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although violent crime in the United States has declined over the past five years, certain groups appear to remain at disproportionately high risk for violent victimization. In the United States, people with developmental disabilities-such as mental retardation, autism, cerebral palsy, epilepsy, and severe learning disabilities may be included in this group. While the scientific evidence is scanty, a handful of studies from the United States, Canada, Australia, and Great Britain consistently find high rates of violence and abuse affecting people with these kinds of disabilities. A number of social and demographic trends are converging that may worsen the situation considerably over the next several years. The prevalence of developmental disabilities has increased in low-income populations, due to a number of factors, such as poor prenatal nutrition, lack of access to health care or better perinatal care for some fragile babies, and increases in child abuse and substance abuse during pregnancy. For example, a recent report of the California State Council on Developmental Disabilities found that during the past decade, while the state population increased by 20 percent, the number of persons with developmental disabilities in California increased by 52 percent and the population segment with mild mental retardation doubled. Because of a growing concern among parents and advocates regarding possible high rates of crime victimization among persons with developmental disabilities, Congress, through the Crime Victims with Disabilities Awareness Act of 1998, requested that the National Research Council of the National Academy of Sciences conduct a study to increase knowledge and information about crimes against individuals with developmental disabilities that will be useful in developing new strategies to reduce the incidence of crimes against those individuals. Crime Victims with Developmental Disabilities summarizes the workshop and addresses the following issues: (1) the nature and extent of crimes against individuals with developmental disabilities; (2) the risk factors associated with victimization of individuals with developmental disabilities; (3) the manner in which the justice system responds to crimes against individuals with disabilities; and (4) the means by which states may establish and maintain a centralized computer database on the incidence of crimes against individuals with disabilities within a state.
Book Synopsis Doing Disability Justice by : Larry A. Jones
Download or read book Doing Disability Justice written by Larry A. Jones and published by Lulu.com. This book was released on 2010 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: 75 years of the trials and triumphs of families advocating for people with intellectual and other disabilities
Book Synopsis Neurodisability and the Criminal Justice System by : Lansdell, Gaye T.
Download or read book Neurodisability and the Criminal Justice System written by Lansdell, Gaye T. and published by Edward Elgar Publishing. This book was released on 2021-09-07 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book highlights the increasing recognition of the prevalence of neurodisability within criminal justice systems, discussing conditions including intellectual, cognitive and behavioural impairments, fetal alcohol spectrum disorders and traumatic and acquired brain injury. International scholars and practitioners demonstrate the extent and complexity of the neurodisability experience and present practical solutions for criminal justice reform.
Book Synopsis Disabled Justice? by : Eilionóir Flynn
Download or read book Disabled Justice? written by Eilionóir Flynn and published by Ashgate Publishing, Ltd.. This book was released on 2015-03-28 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disability offers a new lens through which to view the effectiveness of access to justice, and the inclusiveness of the justice system as a whole. This book analyses the experience of people with disabilities through the entire justice system, from making a complaint, to investigation, and through the court/tribunal process. It also considers the participation of people with disabilities in a variety of roles in the justice system - as witness, defendant, complainant, plaintiff, lawyer, judge and juror. More broadly, it also critically examines the subtle barriers of access to justice which might exist in a given society - including barriers to grassroots disability advocacy, legal education and training, the right to vote and the right to stand for election which may apply to people with disabilities. The book is international and comparative in scope with a focus primarily on examples of legal practice and justice systems in common law countries. The work will be of interest to scholars working in the areas of human rights, equality and non-discrimination, disability rights activists and legal professionals who work with people with disabilities to achieve access to justice.
Book Synopsis People with an Intellectual Disability and the Criminal Justice System by : New South Wales. Law Reform Commission
Download or read book People with an Intellectual Disability and the Criminal Justice System written by New South Wales. Law Reform Commission and published by . This book was released on 1994 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ce rapport décrit les diverses modifications à être appliquées au sein de la législation entourant la place de la personne ayant une déficience intellectuelle devant la justice, spécifiquement sur le genre de sentences qu'elle devrait recevoir
Book Synopsis MENTAL DISABILITY ISSUES IN THE CRIMINAL JUSTICE SYSTEM by : Harlow Huckabee
Download or read book MENTAL DISABILITY ISSUES IN THE CRIMINAL JUSTICE SYSTEM written by Harlow Huckabee and published by Charles C Thomas Publisher. This book was released on 2000-01-01 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a handbook for guiding non-lawyers in how to handle mental disability issues in the criminal justice system. The book is written in plain, under-standable language. Highly technical legal and psychiatric discussions are avoided, and the author explains the concepts and issues in a manner understandable to those without legal backgrounds. One of the purposes of the book is to point out areas in which non-lawyer investigators, legal assistants, and paralegals might participate more than they do now in helping to evaluate and handle mental disability issues. Ways are discussed in which these individuals can participate in various contexts in investigations by law enforcement agencies when mental disabilities are involved, as well as be of assistance to defense attorneys or prosecutors in various stages of such cases. The book should be helpful to investigative personnel in police departments, as well as in federal agencies. Psychiatrists and psychologists may find it useful in developing a better understanding of the legal concepts and issues. Lawyers can also use the book to train non-lawyers, and criminal justice professors may be able to use the book as a supplement to other teaching materials. For those professionals who may want to delve more deeply into the issues, there are citations to supporting legal literature, statutes and case law.
Book Synopsis People with an Intellectual Disability and the Criminal Justice System by : New South Wales. Law Reform Commission
Download or read book People with an Intellectual Disability and the Criminal Justice System written by New South Wales. Law Reform Commission and published by . This book was released on 1993 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[C]ontains the results of the Commission's research and consultations up to 1 September 1993"--P. ii.
Book Synopsis Mental Disability Law by : Michael L. Perlin
Download or read book Mental Disability Law written by Michael L. Perlin and published by . This book was released on 1998 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt:
