Fitness to be interviewed: decision-making in the mental health in-patient setting

2020 ◽  
pp. 1-11
Author(s):  
Allison Edwards ◽  
Simon Jackson ◽  
Keith J. B. Rix ◽  
Faisil Sethi
Keyword(s):  
Mental Health ◽  
Decision Making ◽  
Criminal Justice ◽  
Legal System ◽  
England And Wales ◽  
Psychiatric Setting ◽  
Police Interviews ◽  
Justice Process ◽  
Criminal Justice Process

SUMMARY When a patient in an in-patient psychiatric setting allegedly commits a crime, psychiatrists are sometimes asked to assess their fitness to be interviewed by the police. This article describes how to conduct this assessment, outlines the criminal justice process leading to police interviews (with particular reference to the legal system in England and Wales) and highlights practical issues to consider when assessing fitness to be interviewed in this context.

scholarly journals Attitudes, Rape and Law Reform in South Africa

2009 ◽  
Vol 73 (5) ◽  
pp. 414-429 ◽  
Author(s):  
Charnelle van der Bijl ◽  
Philip N. S. Rumney
Keyword(s):  
South Africa ◽  
Decision Making ◽  
Criminal Justice ◽  
Social Attitudes ◽  
Law Reform ◽  
Judicial Decision Making ◽  
Rape Law ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Impact

In the last decade South Africa has undergone an extensive process of sexual offence law reform. This process has attempted, amongst other things, to address deficiencies in the criminal justice response to rape and has also recognised some of the limits to the impact of legal reform. These limits are partly defined by rape supportive attitudes and myths that appear to influence decision-making at all points in the criminal justice process. In South Africa, and many other jurisdictions, evidence suggests that police, prosecutorial and judicial decision-making is influenced, in part, by a range of social attitudes that misconstrue sexual violence, as well as serve to undermine the credibility of complainants. This article examines the impact of myths, social definitions of rape on rape law reform in South Africa and the points at which these reforms are likely to be undermined by social attitudes and what potentially might be done to address this problem.

scholarly journals Diversion from custody: An update

2017 ◽  
Vol 23 (6) ◽  
pp. 375-384 ◽  
Author(s):  
Luke Birmingham ◽  
Olusola Awonogun ◽  
Howard Ryland
Keyword(s):  
Mental Health ◽  
Criminal Justice ◽  
Mental Health Problems ◽  
List Type ◽  
Mentally Disordered ◽  
The Past ◽  
Important Landmark ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Impact

SummaryLiaison and diversion services are concerned with ensuring that individuals with mental health problems and related vulnerabilities who come into contact with the criminal justice system receive appropriate support and treatment. In the past 15 years there have been significant changes in policy, legislation and the broader landscape in community, custodial and hospital settings which have shaped these services. The Bradley Report, published in 2009, represents an important landmark in this field. Bradley made 82 recommendations, from interventions to improve identification of mental illness and vulnerable individuals at risk of offending to effecting speedier transfers of mentally disordered prisoners to hospital. Some progress has been made in achieving these recommendations, and further investment is promised, but at present only half of England is covered by liaison and diversion services.LEARNING OBJECTIVES•Appreciate how services have developed over the past 15 years to provide support and treatment and divert mentally disordered people from custody at all stages in the criminal justice process•Recognise how government policy has shaped the development of liaison and diversion services over the past 15 years•Understand the impact of the 2007 amendments to the Mental Health Act on the diversion of mentally disordered people from custody

scholarly journals Want a Better Criminal Justice Response to Rape? Improve Police Interviews With Complainants and Suspects

2016 ◽  
Vol 22 (14) ◽  
pp. 1748-1769 ◽  
Author(s):  
Nina J. Westera ◽  
Mark R. Kebbell ◽  
Becky Milne
Keyword(s):  
Criminal Justice ◽  
Justice System ◽  
Quality Of Information ◽  
Police Interviews ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Effective Decision ◽  
Effective Decision Making ◽  
Criminal Justice Response

Achieving just outcomes in rape cases is difficult, but there are ways we can improve the investigation and prosecution of these crimes, now. We outline how targeting variables, within control of the criminal justice system, can improve the quality of information police obtain from interviews with complainants and suspects. We explore how, by preserving these accounts on video, the criminal justice process can better use this information to improve effective decision making from investigation through to criminal trial through to prevention.

scholarly journals Still Standing: Innocence work in England and Wales

2021 ◽  
Vol 2 (3) ◽  
pp. 226-239
Author(s):  
Louise Hewitt ◽  
Claire McGourlay
Keyword(s):  
Criminal Justice ◽  
England And Wales ◽  
Similar Work ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Innocence Project

This article examines the two categories that have evolved in the literature concerning Innocence Projects; the pedagogical value of innocence work and the problems with associating the term innocence with the English criminal justice process. This research draws upon a study undertaken in 2017 by the Innocence Project London (unpublished) and another in 2020. Both studies sought to understand the extent to which organisations are undertaking innocence work in England and Wales.  This research is written from the perspective of the Directors of both the Innocence Project London and Manchester Innocence Project, and as a result, the projects are discussed at length in various sections. An effort has been made however, to discuss other organisations that undertake similar work in various parts of this article.

The Criminal Process

2019 ◽  
Author(s):  
Liz Campbell ◽  
Andrew Ashworth ◽  
Mike Redmayne
Keyword(s):  
Criminal Justice ◽  
Research Policy ◽  
Criminal Trials ◽  
Criminal Process ◽  
England And Wales ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Law ◽  
Normative Issues ◽  
Area Of Study

The Criminal Process continues to provides a reflective, contextualized consideration of doctrinal, practical, and normative issues in criminal processes and procedures. The text draws on arguments from the law, research, policy, and principle, to present an overview of this area of study. It focuses on England and Wales, with occasional comparative references. The book includes new coverage of contemporary issues, such as the disclosure of evidence in criminal trials and the treatment of victims, and on diversity and discrimination within the criminal justice process. Further reading suggestions and discussion questions are included at the end of each chapter.

Navigating through the effects of ‘Cracked Trials’

2018 ◽  
Vol 47 (2) ◽  
pp. 136-149
Author(s):  
Kevin Kwok-yin Cheng
Keyword(s):  
Hong Kong ◽  
Criminal Justice ◽  
Adverse Effects ◽  
Common Law ◽  
Criminal Procedure ◽  
England And Wales ◽  
Sliding Scale ◽  
Justice Process ◽  
Criminal Justice Process

‘Cracked trials’ have been identified as a major problem in the criminal justice process, causing wastage of resources and time for all parties involved. The sliding scale of sentence discounts was implemented in England and Wales to tackle the problem of ‘cracked trials’ through providing the greatest amount of sentence reduction for earlier guilty pleas and thereby discouraging defendants from entering late guilty pleas. The sliding scale has been recently implemented or is being considered by other common law jurisdictions. This article examines how legal practitioners in Hong Kong have navigated around the adverse effects of cracked trials prior to the implementation of the sliding scale and argues how the sliding scale of sentence discounts is problematic. The findings offer insights regarding strategies and reforms on other aspects of the criminal procedure in responding to late guilty pleas.

scholarly journals Taking trauma seriously

2016 ◽  
Vol 21 (3) ◽  
pp. 183-208 ◽  
Author(s):  
Louise Ellison ◽  
Vanessa E Munro
Keyword(s):  
Criminal Justice ◽  
Criminal Process ◽  
England And Wales ◽  
Current Trial ◽  
Trauma Informed ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Victims Of Crime ◽  
Victim Participation ◽  
The Government

Over the last two decades successive governments in England and Wales have stated a commitment to placing victims of crime at the heart of the criminal justice agenda. A raft of polices and reforming measures have been introduced with the declared aim of improving the experience and treatment of victims within the criminal process. Despite these developments, the government has recently conceded that the criminal justice process has continued to fall short—whether in relation to helping victims to recover in the aftermath of a crime or supporting them through the stresses of investigation and trial. In this article we argue that applying a trauma-informed lens to evaluate victim-centred initiatives helps to explain the failure of victim policy in England and Wales to fully deliver on its promise. We highlight the barriers that experiences of trauma can present to effective victim participation and the extent to which current trial processes are often liable to exacerbate rather than ameliorate trauma amongst a broad constituency of victims.

The Role and Status of the Prosecutor

2020 ◽  
pp. 115-141
Author(s):  
Jacqueline S. Hodgson
Keyword(s):  
Criminal Justice ◽  
Political Authority ◽  
Pivotal Role ◽  
England And Wales ◽  
Cultural Traditions ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Criminal Matters

By situating the crown prosecutor and the French procureur within the broader legal cultural traditions in which they operate, this chapter compares the nature of the prosecutor’s role and functions in the two jurisdictions, their relationship with the investigation, and the different ways in which prosecutors’ independence and accountability are structured and understood. Prosecutors play a pivotal role at the heart of the criminal justice process, preparing and prosecuting criminal matters, managing the flux of cases, and, increasingly, disposing of cases through alternatives to prosecution. The different status of prosecutors in France and England and Wales and their relationship to judicial and political authority are important factors in how we understand and evaluate the functions of the prosecutor, the rights and responsibilities of other legal actors, and the legitimacy of the expanding prosecution role.

scholarly journals IDE DIVERSI DALAM TINDAK PIDANA RINGAN YANG DILAKUKAN ORANG DEWASA BERBASIS KEADILAN

2016 ◽  
Vol 2 (1) ◽  
pp. 119
Author(s):  
Riya Novita
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Legal System ◽  
Crime Victims ◽  
The State ◽  
Criminal Offense ◽  
Retributive Punishment ◽  
Justice Process ◽  
Criminal Justice Process

Indonesia's legal system which applies to offenders focuses on punishment as the penalty. Kajahatan perpetrators will be punished so that security and order within the communitycan be restored sehigga impressed penalty is revenge on the perpetrators of crime victims. But the punishment will never improve the state of society, because it does not deter criminalsfrom committing a similar crime or even a more heinous, also ignoring the losses suffered by victims. The researchers' goal here, to put the idea of diversion is the transfer of criminal casesoutside the criminal justice process. This type of research is the description of the analysis is to do research that will be devotedto seek or find the data needed to answer the problem. The results of this study are known to retributive punishment does not guarantee reduced crime. It is based on the data presented Writer, convictions resulted in the over-capacity prison.By applying a misdemeanor diversion in the task of law enforcement to be reduced, budget handling criminal offensescan be diverted to handling criminal offense heavier and their diversion agreement then the victim is much more attention.

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