Act gives a comprehensive list of sex offences to protect individuals from abuse and exploitation, and is designed to be fair and non-discriminatory. 2. Mental Capacity Act. 2005 The Mental Capacity Act is designed to protect people who can't make decisions for themselves or lack the mental capacity to do so. This could be due to a mental health condition, a severe learning disability, a brain injury, a stroke or unconsciousness due to an anaesthetic or sudden accident.
The criminal justice funnel refers to the process through which the number of criminal matters pending is decrease until only a small percentage of cases need to be resolve by trial advocacy and incarceration. Read more: Criminal Justice - How To Information | eHow.com http://www.ehow.com/criminal-justice/#ixzz20qxyWost. The management of the courts must be efficient and up to date so that the criminal caseload can be adjudicated fairly, appropriately, and promptly. In many systems, judicial officers are involve in the day-to-day administration of courts, yet it is recognize that too heavy an administrative burden on judicial officers may result in a loss of efficiency. the manner in which the court system is structure and run affects the extent to which members of the public obtain access to the justice system.
Substance abusers tend to prolong their treatment in an oriented treatment facility. De Leon and Melnick (1997) argues that the longer the treatment, the better is the post treatment outcome. However, the post treatment outcome has its own failures. Such failures involves when a client is a dropout from the therapeutic community treatment program because they were unable to adapt with the new rules in the program. De Leon and Melnick (1997) explain that there is a consistency of non-clients in which those clients who committed crime are admitted, legally referred than voluntary admission.
Although the judiciary may understand those terms, the defendant and the jury may not which may in turn lead to uncertainty. However, some of the terms have been clarified in case law, for instance the term ‘grievous’ has been interpreted correctly as meaning ‘really serious’ in Smith and in Burstow it was decided that GBH may include psychiatric injury. This reduces the need to update the outdated language as some uncertainties regarding the meaning are dealt with in case law. Secondly, s20 and s18 contain 2 separate offences that have no connection to each other: wounding and grievous bodily harm. Wounding deals with the method of injury whereas GBH deals with the extent of injury.
Any arrests outside of the state would not be included as the date of failure. An additional limitation of the study is that it is possible that the relationship between drug treatment and reduced recidivism is due to unmeasured and unknown variables predicting both. The final limitation is that the research does not differentiate between in-program recidivism and post-program recidivism. Be able to differentiate between the two is necessary because of the probability that subjects behave differently when being directly supervised by the court. Despite the limitations found in the BCDTC, the findings of the research proved that subjects who participated in the DTC were less likely to be rearrested than the control group.
What if the law includes a duty to rescue requiring an individual to help another if he or she is able? • Should vigilantism be permitted when the criminal justice system fails? • Historically, in your opinion, has civil disobedience been effective in changing the law? • What conditions exist in the various professions, other than criminal justice professions, that contribute to the commission of unethical behavior? Consider the business and corporate sectors, medical professions, religious authorities, retail establishments, construction industry, insurance industry, banking, education, professional sports, research, pharmaceutical companies, and politics.
Predicting Dangerousness When judging whether a patient is a danger to themselves the mental health professionals are often called on. They are also asked as part of the legal proceedings to determine whether people should be involuntarily hospitalized or maintained involuntarily in a mental facility. The accuracy of the judgments made by these professionals on predicting the dangerousness of these people is in question. The mental health professionals are not very accurate when it comes to predicting the dangerousness of the people they treat. They are more likely to over predict, in some cases people may be labeled as dangerous when they are not.
“A given correctional agency will sometimes take actions that do not seem best suited to achieving fairness or public protection. At times, correctional agencies may seem to work at odds with one another or with other aspects of the criminal justice process” (Clear, Cole, Reisig, and Petrosion, 2012, p. 11). In spite of this, our correctional institution have a give-and-take relationship with the environment in which it operates. What this means is the practice within corrections affect the community in which it operates, and the values and expectations of the community affects how corrections operate. “If the prison system provides inadequate drug treatment, offenders return to the community with ther same drug problems that they had when they were locked up” (Clear, Cole, Reisig, and Petrosion, 2012, p.
Insanity Defense CJA / 354 May 31st, 2012 Insanity Defense According to Schmallegar, Dolatowski, and Hall (2010), insanity is more of a social and legal term than a medical one. Psychiatrists use the term mental disorders and not insanity. That makes it very difficult for expert psychiatric testimony to fit into legal categories. When using the insanity defense it recognizes that some people cannot morally and justly be held accountable for their actions by virtue of mental disease or mental defect. Insanity can affect criminal liability in two different ways.
The violation that happens to the people with the sickness is also judge able, because how can you tell your citizen’s they have the right to life, liberty and freedom, when you’re putting a limit to their freedom? Under the Mental capacity Act (2005), it has been stated that all adults are supposed to decide for their selves whether they want any medication or not, except if they have severe illness, such as; either their mind or brain is impaired, or the impairment or disturbance shows that the person cannot make proper decisions at that time. The cons of not getting medical treatment can cause the following issues in life, brain damage caused by a severe head injury, stroke or dementia, mental health conditions, another sickness called psychosis, the damage psychosis gives you is that you cannot tell the difference between reality and your