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Manifest Madness: Mental Incapacity in the Criminal Law

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ISBN: 9780199698592 Year: Pages: 307 DOI: 10.1093/acprof:oso/9780199698592.001.0001 Language: English
Publisher: Oxford University Press Grant: OAPEN-UK
Subject: Psychiatry --- Law --- Psychology
Added to DOAB on : 2013-09-21 22:37:34
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Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a central concern for legal actors, policy makers, and legislators when it comes to crime and justice. Understanding the terrain of mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices including those of evidence and proof, and also medical and social understanding of mental order and incapacity. Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, analysing their development through historical cases to the modern era. It maps the shifting boundaries between normality and abnormality as constructed in law, arguing that ‘manifest madness’ — the distinct character of mental incapacity revealed by this interdisciplinary approach — has a broad significance for understanding the criminal law as a whole.

The Hidden Histories of War Crimes Trials

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ISBN: 9780199671144 Year: Pages: 464 DOI: 10.1093/acprof:oso/9780199671144.001.0001 Language: English
Publisher: Oxford University Press Grant: OAPEN-UK
Subject: Law
Added to DOAB on : 2013-12-06 22:31:34
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Several instances of war crimes trials are familiar to all scholars, but in order to advance understanding of the development of international criminal law, it is important to provide a full range of evidence from less-familiar trials. This book therefore provides a comprehensive overview, uncovering and exploring some of the lesser-known war crimes trials that have taken place in a variety of contexts: international and domestic, northern and southern, historic and contemporary. It analyses these trials with a view to recognizing institutional innovations, clarifying doctrinal debates, and identifying their general relevance to contemporary international criminal law. At the same time, the book recognizes international criminal law's history of suppression or sublimation: What stories has the discipline refused to tell? What stories have been displaced by the ones it has told? Has international criminal law's framing or telling of these stories excluded other possibilities? And — perhaps most important of all — how can recovering the lost stories and imagining new narrative forms reconfigure the discipline?

Explaining Criminal Careers: Implications for Justice Policy

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ISBN: 9780199697243 Year: DOI: 10.1093/acprof:oso/9780199697243.001.0001 Language: English
Publisher: Oxford University Press Grant: OAPEN-UK
Subject: Mathematics --- Social Sciences
Added to DOAB on : 2014-03-03 22:50:17
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Explaining Criminal Careers presents a simple quantitative theory of crime, conviction and reconviction, the assumptions of the theory are derived directly from a detailed analysis of cohort samples drawn from the “UK Home Office” Offenders Index (OI). Mathematical models based on the theory, together with population trends, are used to make: exact quantitative predictions of features of criminal careers; aggregate crime levels; the prison population; and to explain the age-crime curve, alternative explanations are shown not to be supported by the data. Previous research is reviewed, clearly identifying the foundations of the current work. Using graphical techniques to identify mathematical regularities in the data, recidivism (risk) and frequency (rate) of conviction are analysed and modelled. These models are brought together to identify three categories of offender: high-risk / high-rate, high-risk / low-rate and low-risk / low-rate. The theory is shown to rest on just 6 basic assumptions. Within this theoretical framework the seriousness of offending, specialisation or versatility in offence types and the psychological characteristics of offenders are all explored suggesting that the most serious offenders are a random sample from the risk/rate categories but that those with custody later in their careers are predominantly high-risk/high-rate. In general offenders are shown to be versatile rather than specialist and can be categorised using psychological profiles. The policy implications are drawn out highlighting the importance of conviction in desistance from crime and the absence of any additional deterrence effect of imprisonment. The use of the theory in evaluation of interventions is demonstrated.

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