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Protecting the Public? : Executive Discretion and the Release of Mentally Disordered Offenders.
The separation of powers and independent, judicial decision-making are generally accepted as hallmarks of the rule of law in democratic societies. Yet the exercise of executive discretion remains an important aspect of criminal justice in many areas. Protecting the Public? explores the tension betwe...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Hoboken :
Taylor and Francis,
2012.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Protecting the Public? Detention and release of mentally disordered offenders; Copyright; Contents; Acknowledgements; Preface; Chapter 1 Executive discretion and the rule of law; Introduction; Executive discretion and public policy; Operational differences; Separation of powers; The role of forensic psychiatry; Risk and dangerousness; The changing role of victims in policy and practice; Political sensitivities; Chapter 2 Care and control; Introduction; Restricted patients; On legal decision-making: the origins of a research culture; Methodology; Chapter 3 The operation of executive discretion.
- IntroductionThe restricted patient population in England and Wales; Monitoring in the restricted patient system; Oversight and the independence of the Tribunal; The decision frame of executive discretion; The symbolic politics of public protection; Chapter 4 Relationships in the system of executive discretion; Introduction; Rights versus control; Getting risk right; Making it legal; Same data, different story; A question of risk; Chapter 5 Constructing 'the public'; Introduction; The changing roles of victims in decision-making; Conceptualizing 'the public' within executive discretion.
- Responses to victim involvementThe relationship between patients and the public; Politics, policies and protection; Chapter 6 Human rights and the restricted patient system; Introduction; Safeguarding human rights; Constructing patients' rights; Practicing a rights-based approach; The symbolic value of human rights; Chapter 7 Patient rights and public protection; Control through containment; The patient/public divide; The exercise of discretion; Rights versus protection; Conclusion; References; Index.