Disability Criminal Justice And Law
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Disability Criminal Justice and Law
Author | : Linda Steele |
Publsiher | : Routledge |
Total Pages | : 366 |
Release | : 2020-04-29 |
Genre | : Law |
ISBN | : 9781351240314 |
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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.
Disability Incarcerated
Author | : L. Ben-Moshe,C. Chapman,A. Carey |
Publsiher | : Springer |
Total Pages | : 297 |
Release | : 2014-05-29 |
Genre | : Social Science |
ISBN | : 9781137388476 |
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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.
Disability Injustice
Author | : Kelly Fritsch,Jeffrey Monaghan,Emily van der Meulen |
Publsiher | : UBC Press |
Total Pages | : 358 |
Release | : 2022-02-15 |
Genre | : Social Science |
ISBN | : 9780774867153 |
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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.
Neurodisability and the Criminal Justice System
Author | : Lansdell, Gaye T.,Saunders, Bernadette J.,Eriksson, Anna |
Publsiher | : Edward Elgar Publishing |
Total Pages | : 256 |
Release | : 2021-09-07 |
Genre | : Law |
ISBN | : 9781789907636 |
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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.
Mental Disability Law
Author | : Michael L. Perlin |
Publsiher | : Lexis Law Publishing (Va) |
Total Pages | : 602 |
Release | : 1998 |
Genre | : Insane |
ISBN | : STANFORD:36105060667347 |
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A Prescription for Dignity
Author | : Michael L. Perlin |
Publsiher | : Routledge |
Total Pages | : 256 |
Release | : 2016-03-16 |
Genre | : Law |
ISBN | : 9781317187066 |
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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.
Mental Disability and the Death Penalty
Author | : Michael L. Perlin, professor emeritus, New York Law School and author of Tangled Up in Law: The Jurisprudence of Bob Dylan, Fordham Urban Law Journal (2011) |
Publsiher | : Rowman & Littlefield Publishers |
Total Pages | : 200 |
Release | : 2013-01-17 |
Genre | : Law |
ISBN | : 9781442200586 |
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Michael Perlin shows how the administration of the death penalty deprives persons with mental disabilities of their constitutional rights, and how trial courts and prosecutors consciously flaunt the law. Using real life examples, he brings this often overlooked situation to light and calls for immediate change.
People with an Intellectual Disability and the Criminal Justice System
Author | : New South Wales. Law Reform Commission |
Publsiher | : Unknown |
Total Pages | : 246 |
Release | : 1993 |
Genre | : Capacity and disability |
ISBN | : STANFORD:36105061100918 |
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"[C]ontains the results of the Commission's research and consultations up to 1 September 1993"--P. ii.