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The Criminal Law And The Vulnerable People
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Book Synopsis Vulnerable People and the Criminal Justice System by : Penny Cooper
Download or read book Vulnerable People and the Criminal Justice System written by Penny Cooper and published by Oxford University Press, USA. This book was released on 2017-07-27 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last 25 years there has been a growing recognition that the way in which cases involving the vulnerable are investigated, charged and tried needs to change. Successive judgments of the Court of Appeal have re-enforced the message that advocates and judges have a duty to ensure vulnerable witnesses and defendants are treated fairly and allowed to participate effectively in the process. How do practitioners recognise who is or may be vulnerable? How should that person be interviewed? What account should police and the CPS take of a defendant's vulnerabilities? How should advocates adjust their questioning of vulnerable witnesses and defendants whilst still complying with their duties to their client? How should judges manage a trial to ensure the effective participation of vulnerable witnesses and defendants? Vulnerable People and the Criminal Justice System, written by leading experts in the field, gathers together for the first time answers to these questions and many more. It provides a practical, informative and thought-provoking guide to recognising, assessing and responding to vulnerability in witnesses and defendants at each stage of the criminal process. Backed by authoritative research and first-hand experience and drawing on recent case law, this book enables practitioners to deal with cases involving vulnerable people with calmness, authority, and confidence.
Book Synopsis Access to Justice for Vulnerable People by : Penny Cooper
Download or read book Access to Justice for Vulnerable People written by Penny Cooper and published by Wildy, Simmonds & Hill Publishing. This book was released on 2018-11-27 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents some of the challenges that exist in achieving sufficient access to justice for vulnerable people, primarily in criminal and family proceedings and provides international comparisons of best practice.
Book Synopsis Health and Incarceration by : National Research Council
Download or read book Health and Incarceration written by National Research Council and published by National Academies Press. This book was released on 2013-08-08 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past four decades, the rate of incarceration in the United States has skyrocketed to unprecedented heights, both historically and in comparison to that of other developed nations. At far higher rates than the general population, those in or entering U.S. jails and prisons are prone to many health problems. This is a problem not just for them, but also for the communities from which they come and to which, in nearly all cases, they will return. Health and Incarceration is the summary of a workshop jointly sponsored by the National Academy of Sciences(NAS) Committee on Law and Justice and the Institute of Medicine(IOM) Board on Health and Select Populations in December 2012. Academics, practitioners, state officials, and nongovernmental organization representatives from the fields of healthcare, prisoner advocacy, and corrections reviewed what is known about these health issues and what appear to be the best opportunities to improve healthcare for those who are now or will be incarcerated. The workshop was designed as a roundtable with brief presentations from 16 experts and time for group discussion. Health and Incarceration reviews what is known about the health of incarcerated individuals, the healthcare they receive, and effects of incarceration on public health. This report identifies opportunities to improve healthcare for these populations and provides a platform for visions of how the world of incarceration health can be a better place.
Book Synopsis Vulnerable Adults and the Law by : Jonathan Herring
Download or read book Vulnerable Adults and the Law written by Jonathan Herring and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges that assumption. Drawing on feminist and disability perspectives he argues that we are all in fact, 'vulnerable' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognizes our interdependence and mutuality. At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic for those who are deemed 'vulnerable'. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. This development of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it. Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as 'the elderly' or 'the disabled' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.
Book Synopsis Vulnerable Adults and the Law by : Jonathan Herring
Download or read book Vulnerable Adults and the Law written by Jonathan Herring and published by Oxford University Press. This book was released on 2016-01-22 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are used to thinking that most people have the capacity to make their own decisions; that they should be free to decide how to live their lives; and that it is a good thing to be self-sufficient. However, in an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, Jonathan Herring challenges that assumption. Drawing on feminist and disability perspectives he argues that we are all in fact, 'vulnerable' and we need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead fashion which recognises our interdependence and mutuality. At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given the full rights of the law; they are entitled to enter contracts, dispose of their property, are able to marry. Those who are deemed to lack capacity are unable to make these decisions. Their decisions are made on their behalf based on an assessment of what is in their best interests. This approach is underpinned by the principle of autonomy, and is problematic for those who are deemed 'vulnerable'. The Court of Protection and the Court of Appeal have developed a jurisdiction to deal with cases involving vulnerable adults which has been used in a wide range of cases from those involving people with early stage dementia to cases of forced marriage. This development of law has proved controversial and the courts have struggled to draw its limits and explain the justification for it. Jonathan Herring welcomes the courts willingness to protect vulnerable adults through the inherent jurisdiction, but argues that we need to go much further. It is not just particular groups such as 'the elderly' or 'the disabled' who are vulnerable, but rather vulnerability is part of the human condition. This means that caring relationships are of central significance to our society and should be at the heart of the legal system.
Book Synopsis Law, Responsibility and Vulnerability by : James Gallen
Download or read book Law, Responsibility and Vulnerability written by James Gallen and published by Routledge. This book was released on 2021-09-30 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses how law and public policy cause or exacerbate vulnerability in individuals and groups. Bringing together scholars, judges and practitioners, it identifies how individuals and groups can become vulnerabilised through the operation of law, and examines how the State can acknowledge and remedy that impact. The book offers not only a theoretical, ethical and normative conception of vulnerability in law, but also an evaluation of the diverse practices of responding to vulnerability in law through accountability mechanisms and public campaigns. The analysis of vulnerability contained in this volume is enhanced by the common use of Ireland as a case study. Despite the robust rights protections available at national, regional and international level, Ireland remains a State where at risk people have experienced vulnerability across a range of thematic areas, such as criminal law, migration and asylum, historical abuse, LGBTI rights and austerity. Drawing on comparative analyses and a consideration of the role of international law in domestic settings, this book offers a comparison of diverse national and transnational attempts to ensure State accountability and responsiveness to legally created vulnerabilities. The book demonstrates lessons learned from theory and practice regarding how vulnerability can be experienced by individuals and groups, structured by law and addressed through legal and political action. This book will be of considerable interest to socio-legal and "law and society" scholars, as well as others working in international human rights, jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
Book Synopsis Policing Practices and Vulnerable People by : Nicole L. Asquith
Download or read book Policing Practices and Vulnerable People written by Nicole L. Asquith and published by Springer Nature. This book was released on 2021-04-20 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook addresses existing gaps in police research, education, and training, and provides guidance on how to respond to and address the vulnerability that arises in policing practice. It guides students through the conceptual and also the practical issues of managing vulnerability in policing with case studies and practitioners’ views from the UK, Australia, New Zealand, South Africa, the US, Canada, France, and beyond to the Maldives, China, India, Pakistan, and Sri Lanka. It includes key concepts, views from the front-line, further reading and activities in each chapter. Policing Practices and Vulnerable People is aimed at researchers and practitioners working with police. While focussed on democratic policing practices, this book includes case studies and practitioners’ views from a wide range of approaches, including those from the Global South. This book provides readers with a framework that can assist them in converting conceptual knowledge to critical, ethical policing practice.
Book Synopsis Policing Encounters with Vulnerability by : Nicole L Asquith
Download or read book Policing Encounters with Vulnerability written by Nicole L Asquith and published by Springer. This book was released on 2017-05-05 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection brings together scholars and practitioners to consider the ways in which policing organisations approach vulnerability and the strategies they develop to reduce victims, offenders and police officers’ susceptibility to increased harm. Based on their work with policing services, the public criminologists and critical policing scholars collected together in this edited volume consider vulnerability in terms of people, processes, and institutional practices. While more attention is being paid to some experiences of vulnerability — particularly at the later stages of the criminal justice process — this collection will be the first to focus on the specific issues faced by policing services as the front end of criminal justice. The case studies of vulnerability in each chapter offer the reader new insights into the operational concerns in working with vulnerable people (including vulnerable police officers). This collection is ideally suited for scholars of applied criminal justice studies (including policing studies), police recruits and officers in training, and policing practitioners such as policy and program development officers.
Book Synopsis The Insecurity State by : Peter Ramsay
Download or read book The Insecurity State written by Peter Ramsay and published by OUP Oxford. This book was released on 2012-04-26 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Insecurity State is a book about the recent emergence of a 'right to security' in the UK's criminal law. The Insecurity State sets out from a detailed analysis of the law of the Anti-Social Behaviour Order and of the Coalition government's proposed replacement for it. It shows that the liabilities contained in both seek to protect a 'freedom from fear'and that this 'right to security' explains a lot of other recently enacted criminal offences. This book identifies the normative source of this right to security in the idea of vulnerable autonomy. It demonstrates that the vulnerability of autonomy is an axiomatic assumption of political theories that have enjoyed a preponderant influence right across the political mainstream. It considers the influence of these normative commitments on the policy of both the New Labour and the Coalition governments. The Insecurity State then explores how the wider contemporary criminal law also institutionalizes the right to security, and how this differs from the law's earlier protection of security interests. It examines the right to security, and its attendant penal liabilities, in the context of both human rights protection and normative criminal law theories. Finally the book exposes the paradoxical claims about the state's authority that are entailed by penal laws that assume the vulnerability of the normal, representative citizen. The Insecurity State offers a criminal law theory that is unorthodox in both its method and its content: BLIt is focused on a contemporary development in the 'special part' of the criminal law rather than the law's general principles. BLIt is an explanatory political sociology of substantive criminal law rather than the more familiar normative theory; but it is an explanatory theory that seeks to understand the law's historical development through an investigation of the changing character of its normative order. BLIt does not apply a pre-existing sociological or philosophical theory to the law; rather it develops a theoretical explanation from detailed legal analysis and reconstruction of New Labour's penal laws. BLIt concludes that repressive criminal laws have arisen from a deficit of political authority rather than from excessive authoritarianism.
Book Synopsis Undue Influence by : Sandra D. Glazier
Download or read book Undue Influence written by Sandra D. Glazier and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is primarily geared toward estate planners and probate litigators, it may provide a greater understanding of issues relating to capacity, the attorney's role, and the process known as "undue influence." This book does not constitute legal advice"--
Book Synopsis Vulnerable Witnesses within Family and Criminal Proceedings by : Frank Feehan KC
Download or read book Vulnerable Witnesses within Family and Criminal Proceedings written by Frank Feehan KC and published by Bloomsbury Publishing. This book was released on 2019-08-05 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: "...the book fully justifies its title and will earn a well-thumbed place on the bookshelves, not only of children's lawyers, but also of children's guardians and intermediaries who need to understand how the court can, or cannot, assist the vulnerable to give evidence..." Seen and Heard Are you prepared to protect the vulnerable in court? This book guides you through the rights of witnesses and the duties of advocates in family and criminal proceedings. Explaining the legal structure currently in place to assist vulnerable individuals, this title covers every stage of proceedings, including the investigation/pre-proceeding, and post-proceedings, whilst also looking at anonymity and protective orders. In addition, it discusses the sanctions available to the court if proper consideration and sufficient protection has not been given to vulnerable people at each stage. Covering legislation, regulation and authorities which govern these situations, it offers best practice regarding the examination of those who have difficulty understanding their case, by reason of age, circumstance or emotional and psychological difficulties. Practical help is provided through: Step-by-step guidance at each stage Helpful suggestions as to how to approach the hearing at each stage of proceedings Links to the useful guidance regularly referred to within proceedings including the Advocates Gateway
Book Synopsis Victimizing Vulnerable Groups by : Charisse Coston
Download or read book Victimizing Vulnerable Groups written by Charisse Coston and published by Praeger. This book was released on 2004-07-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines particular demographics that are susceptible as targets of crime.
Book Synopsis Vulnerability and Young People by : Kate Brown
Download or read book Vulnerability and Young People written by Kate Brown and published by Policy Press. This book was released on 2016-12-14 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Policies to assist or protect vulnerable youth play a crucial role in welfare and criminal justice processes, but what role does the discourse surrounding these policies play in how they are put into action? Bringing together real-life examples with academic and practical applications, this book explores the implications of a "vulnerability zeitgeist" in policy and practice. It draws on in-depth research with marginalized young people and the professionals who support them to question whether the rise of the concept of vulnerability serves the interests of those who are most disadvantaged. Vulnerability and Young People will be important reading for scholars, students, and policy makers interested in the care and protection of young people.
Book Synopsis Addressing Vulnerability in Justice Systems by : Linda Hunting
Download or read book Addressing Vulnerability in Justice Systems written by Linda Hunting and published by Wildy, Simmonds & Hill Publishing. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication represents not only the current state of knowledge from experts in the field, but more importantly evidence of a seismic shift in the justice system.
Book Synopsis Vulnerability, the Accused, and the Criminal Justice System by : Roxanna Dehaghani
Download or read book Vulnerability, the Accused, and the Criminal Justice System written by Roxanna Dehaghani and published by Taylor & Francis. This book was released on 2023-06-15 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the vulnerability of suspects and defendants in criminal proceedings and the extent to which the vulnerable accused can effectively participate in the criminal process. Commencing with an exploration of how vulnerability is defined and identified, the collection examines and analyses how vulnerability manifests and is addressed at the police station and in court, addressing both child and adult accused persons. Leading and emerging scholars, along with practitioners with experience working in the field, explore and unpack the human rights and procedural implications of suspect and defendant vulnerability and examine how their needs are supported or disregarded. Drawing upon different disciplinary approaches and a range of analyses – doctrinal, theoretical and empirical – this book offers unique insights into the vulnerability and treatment of the criminal accused. In bringing together a diverse range of perspectives, the book offers key insights into the recognition of and responses to vulnerability among suspect and defendant populations in criminal justice systems across European jurisdictions. The book will be a valuable resource for academics, practitioners and policymakers interested in how vulnerable suspects and defendants are protected throughout the criminal process, and those working in the areas of law, criminology, sociology, human rights and psychology.
Book Synopsis Mental Health, Crime and the Impact of Criminal Justice on the Vulnerable by : Bevis E. McNeil
Download or read book Mental Health, Crime and the Impact of Criminal Justice on the Vulnerable written by Bevis E. McNeil and published by Palgrave Macmillan. This book was released on 2024-10-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses a variety of key issues surrounding mental health and the criminalization of certain individuals and groups by the Criminal Justice System and the impact this can have on their mental health. It challenges the assumption that people with mental health problems are in some way a risk or danger to society (and themselves) and therefore have a greater propensity for committing crimes when in reality they are more likely to become the victims of crime. It argues that the misguided correlations drawn between mental health and crime, as perpetuated by the media, policy makers, clinicians, agents of the criminal justice system, and ultimately the public, leads to the criminalization of the vulnerable. Furthermore, the criminalization, stigmatization, stereotyping, labelling and discrimination endured by people with mental health problems has a devastating effect on their mental health and well-being and has negative consequences for society as a whole. Each chapter focuses on a specific area relating to mental health, identifying key themes and issues, as well as offering recommendations for improvements with regards to the treatment and support for people with mental health problems. In addition, the treatment of offenders with mental health problems who engage with the criminal justice system and its services, such as the police, prison and probation services, is critically evaluated.
Book Synopsis Vulnerability in Police Custody by : Roxanna Dehaghani
Download or read book Vulnerability in Police Custody written by Roxanna Dehaghani and published by Routledge. This book was released on 2019-02-13 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a nuanced and timely contribution to the question of vulnerability in police custody. It addresses the implementation of the appropriate adult safeguard in respect of adult suspects and explores police decision-making in this context. Drawing on empirical research carried out in England, the work takes a socio-legal approach to examine how and why police custody officers implement or not the appropriate adult safeguard. The book’s core arguments are addressed within three parts. Part I examines how vulnerability is constructed philosophically and practically, firstly within the broader literature, thereafter at common law and in statute, and finally by police custody officers. Part 2 discusses how vulnerability is identified and how decisions are made in response to vulnerability. Part 3 critically assesses the theoretical understandings of police decision-making and criminal justice. Here it is argued that current theories on police decision-making hold explanatory power yet have significant shortcomings in relation to vulnerability and the appropriate adult safeguard. The book thus presents new theoretical insights and, on the basis of these insights, asserts that the current regime of regulation must be reconsidered, while police compliance may only be ensured if vulnerability is radically reconceptualised.
