Your email was sent successfully. Check your inbox.

An error occurred while sending the email. Please try again.

Proceed reservation?

Export
  • 1
    ISBN: 9781032396071 , 9781032396323
    Language: Undetermined
    Pages: 1 Online-Ressource (26 p.)
    Keywords: Jurisprudence & general issues ; Public health & safety law ; Medical & healthcare law ; Mental health law ; Other branches of medicine
    Abstract: Emeritus Professor McSherry has written extensively on the intersection between criminal law and mental health. The concept of ‘causation’ is central to the way the law deals with mentally disordered offenders: the ‘insanity’ defence requires a causal connection between the offender’s psychopathology and the offence; and mitigation at sentencing frequently relies on proof of a causal link. While ‘causation’ is a commonly used term, there is significant variation in the way that different disciplines understand its meaning. This is problematic, as explanations for offending that are proffered to the courts by mental health experts must function within a legal epistemological framework if they are to carry weight. This chapter considers how Australian, English and Welsh sentencing courts currently assess the causal relationship between mental disorders and offending, and the challenges that arise when sentencing courts rely on evidence from mental health experts. It draws on Nigel Walker’s notion of ‘possibility’ explanations to present a framework for experts to provide robust explanations for offending that provide defensible opinions on the nature and strength of the causal relationship. It also considers the roles that legal practitioners and the courts should play in assessing the causal issue
    Note: English
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
  • 2
    ISBN: 9781003350644 , 9781032396071 , 9781032396323
    Language: Undetermined
    Pages: 1 Online-Ressource
    Keywords: Jurisprudence & general issues ; Public health & safety law ; Medical & healthcare law ; Mental health law ; Other branches of medicine ; Bernadette McSherry, Coercion, Courts, Criminal Law, Disability, Future, Law Reform, Mental Health Law, Restrictive Practices, Risk and Risk Assessment, Seclusion and Restraint, Sentencing, Technology
    Abstract: This book brings together contributions from twenty-three world-leading scholars and commentators that address a range of contemporary and pressing international themes in mental health, disability and criminal law. The authors use the work of internationally renowned academic, Emeritus Professor Bernadette McSherry, as a springboard to reflect on recent developments in these areas of law and to anticipate the future directions they may take. In doing so, they aim to inform and inspire a new generation of mental health, disability and criminal law scholars, advocates and reformers. The book is divided into four substantive sections: reforming mental health and disability law; regulating coercion and restrictive practices; improving access to justice and the criminal law; and transforming mental health law. It also includes an introduction from the editors and an afterword from Emeritus Professor McSherry. The book is aimed at regulators, policymakers, lawyers, clinicians, consumer advocates and academics who are interested in the urgent and contentious issues surrounding the reform and development of mental health, disability and criminal law. It will help them understand the key issues and problems and presents suggestions for reform. The book is interdisciplinary and international in its focus
    Note: English
    Library Location Call Number Volume/Issue/Year Availability
    BibTip Others were also interested in ...
Close ⊗
This website uses cookies and the analysis tool Matomo. More information can be found here...