A Prescription For Dignity

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.

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.

Providing a thorough, well-researched investigation of the socio-legal issues surrounding medically assisted death for the past century, this book traces the origins of the controversy and discusses the future of policymaking in this arena domestically and abroad. Should terminally ill adults be allowed to kill themselves with their physician's assistance? While a few American states—as well as Holland, Switzerland, Belgium, and Luxembourg—have answered "yes," in the vast majority of the United States, assisted death remains illegal. This book provides a historical and comparative perspective that not only frames contemporary debates about assisted death and deepens readers' understanding of the issues at stake, but also enables realistic predictions for the likelihood of the future diffusion of legalization to more countries or states—the consequences of which are vast. Spanning a period from 1906 to the present day, Dying with Dignity: A Legal Approach to Assisted Death examines how and why pleas for legalization of "euthanasia" made at the beginning of the 20th century were transmuted into the physician-assisted suicide laws in existence today, in the United States as well as around the world. After an introductory section that discusses the phenomenon of "medicalization" of death, author Giza Lopes, PhD, covers the history of the legal development of "aid-in-dying" in the United States, focusing on case studies from the late 1900s to today, then addresses assisted death in select European nations. The concluding section discusses what the past legal developments and decisions could portend for the future of assisted death.

Written by esteemed legal scholar Michael L. Perlin, this indispensable Advanced Introduction examines the long-standing but ever-dynamic relationship between law and mental health. The author discusses and contextualises how the law, primarily in the United States but also in other countries, treats mental health, intellectual disabilities, and mental incapacity, giving examples of how issues such as the rights of patients, the death penalty and the insanity defense permeate constitutional, civil, and criminal matters, and indeed the general practice of law.

Federal, state, county, and municipal police forces all have their own codes of conduct, yet the ethics of being a police officer remain perplexing and are often difficult to apply in dynamic situations. The police misconduct statistics are staggering and indicate that excessive use of force comprises almost a quarter of misconduct cases, with sexual harassment, fraud/theft, and false arrest being the next most prevalent factors. The ethical issues and dilemmas in criminal justice also reach deep into the legal professions, the structure and administration of justice in society, and the personal characteristics of those in the criminal justice professions. The Encyclopedia of Criminal Justice Ethics includes A to Z entries by experts in the field that explore the scope of ethical decision making and behaviors within the spheres of criminal justice systems, including policing, corrections, courts, forensic science, and policy analysis and research. This two-volume set is available in both print and electronic formats. Features: Entries are authored and signed by experts in the field and conclude with references and further readings, as well as cross references to related entries that guide readers to the next steps in their research journeys. A Reader's Guide groups related entries by broad topic areas and themes, making it easy for readers to quickly identify related entries. A Chronology highlights the development of the field and places material into historical context; a Glossary defines key terms from the fields of law and ethics; and a Resource Guide provides lists of classic books, academic journals, websites and associations focused on criminal justice ethics. Reports and statistics from such sources as the FBI, the United Nations, and the International Criminal Court are included in an appendix. In the electronic version, the Reader's Guide, index, and cross references combine to provide effective search-and-browse capabilities. The Encyclopedia of Criminal Justice Ethics provides a general, non-technical yet comprehensive resource for students who wish to understand the complexities of criminal justice ethics.

The UN Convention on the Rights of Persons with Disabilities promotes ability equality, but this is not experienced in national laws. Ableism at Work: Disability and Hierarchies of Impairment is a comprehensive comparative legal, practical and theoretical analysis of workplace inequalities experienced by workers with psychosocial disabilities.

This book presents the legal context and describes the ethical and practical challenges when using coercive measures in forensic psychiatric settings. A wide range of aspects relevant to the use of such measures, including environmental, patient-related, and staff-related factors, are explored, and the experience of coercive interventions is described from the staff and the patient perspective. Differences in jurisdictions and examples of good practice are highlighted. The authors are from a range of professional backgrounds, ensuring breadth as well as depth in discussion of the topic. The use of coercive measures, in particular restraint, seclusion, and involuntary medication, for the control of aggression in psychiatry remains controversial. Forensic mental health care deals with individuals who pose a risk to others and often present with significant management problems within institutions. The care of patients in these settings gives rise to debates about the balance between care and safety, and between the interests of the patients and those of the wider society to be protected. Despite these tensions, limited research has been conducted specifically on the use of coercive measures in forensic mental health care. This volume aims to fill the gap and will be of value to all professionals working in forensic psychiatric settings as well as to those working in general psychiatric and custodial settings, law professionals, and patients.

The Routledge Handbook of International Crime and Justice Studies presents the enduring debates and emerging challenges in crime and justice studies from an international and multi-disciplinary perspective. Guided by the pivotal, although vastly under-examined, role that consumerism, politics, technology, and culture assume in shaping these debates and in organizing these challenges, individual chapters probe the global landscape of crime and justice with astonishing clarity and remarkable depth. A distinguished collection of experts examine the interdisciplinary field of international crime and justice. Their contributions are divided into thematic sections, including: theory, culture, and society industries of crime and justice: systems of policing, law, corrections and punishment the criminal enterprise global technologies media, crime, and culture green criminology political violence public health criminology the political economy of crime and justice. All the chapters include full pedagogy and instructional resources for easy referencing or classroom use. This Handbook will be useful for students, scholars and practitioners of law, medicine, history, economics, sociology, politics, philosophy, education, public health, and social policy.