The Development of Unfitness to Stand Trial in New Zealand

2018 ◽  
Author(s):  
Warren Brookbanks
Keyword(s):  
Twentieth Century ◽  
Intellectual Disability ◽  
New Zealand ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Case Law ◽  
Meaningful Participation ◽  
Compulsory Care ◽  
Mentally Impaired ◽  
Trial Competence

This chapter describes the developments in the doctrine of unfitness to stand trial in New Zealand during the period 1992–2017. The focus is upon the changes to the statutory test for unfitness to stand trial effected by the Criminal Procedure (Mentally Impaired Persons) Act 2003 and how they have been interpreted by courts in New Zealand. The 2003 Act and the Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003 were instrumental in reinvigorating the notion of trial competence, which for most of the twentieth century was largely an under-utilised doctrine of the substantive criminal law of New Zealand. Case-law developments in the period since 2003 have challenged judicially accepted understandings of where the threshold for determining whether an offender is unfit to stand trial should be set, and recent judgments have embraced the notions of decisional competence and meaningful participation as useful conceptual devices to assist in that determination.

scholarly journals The Dilemma Caused by Delusional Defendants

2015 ◽  
Vol 46 (3) ◽  
pp. 811
Author(s):  
David Collins
Keyword(s):  
New Zealand ◽  
Supreme Court ◽  
Criminal Procedure ◽  
Court Case ◽  
Supreme Court Case ◽  
Mentally Impaired ◽  
The Right ◽  
The Way

This article explains the dilemmas that arise when a defendant, who is prone to delusional episodes but nevertheless fit to stand trial, elects to exercise the right to represent themself. It examines the background to the criteria for determining if a defendant is fit to stand trial under the Criminal Procedure (Mentally Impaired Persons) Act 2003, and then analyses the way those criteria have been interpreted in New Zealand. The difficulties caused by the New Zealand approach are then analysed in more detail by reference to the leading 2008 Supreme Court case of Cumming v R, which involved a delusional defendant who represented himself and who was subsequently found to have been unfit to stand trial.

The Formation of a Budding Man Alone: The God Boy (Murray Reece, 1976)

2018 ◽  
Author(s):  
Alistair Fox
Keyword(s):  
Twentieth Century ◽  
World War Ii ◽  
New Zealand ◽  
Religious Beliefs ◽  
Coming Of Age ◽  
World War ◽  
Value System ◽  
Feature Films ◽  
The Family

This chapter analyses the earliest of the New Zealand coming-of-age feature films, an adaptation of Ian Cross’s novel The God Boy, to demonstrate how it addresses the destructive impact on a child of the puritanical value-system that had dominated Pākehā (white) society through much of the twentieth century, being particularly strong during the interwar years, and the decade immediately following World War II. The discussion explores how dysfunction within the family and repressive religious beliefs eventuate in pressures that cause Jimmy, the protagonist, to act out transgressively, and then to turn inwards to seek refuge in the form of self-containment that makes him a prototype of the Man Alone figure that is ubiquitous in New Zealand fiction.

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

APPLICATION FEATURES OF TECHNICAL AND FORENSIC TOOLS BY AN INVESTIGATOR (THE INTERROGATOR) DURING INTERROGATION IN THE PRETRIAL DETENTION CENTER

2020 ◽  
pp. 48-53
Author(s):  
Роман Михайлович Морозов ◽  
Дмитрий Юрьевич Волков
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Scientific Literature ◽  
Preliminary Investigation ◽  
Preventive Measure ◽  
Criminal Procedure ◽  
Evidence Based ◽  
Detention Center ◽  
Pretrial Detention ◽  
Forensic Tools

Целью статьи было рассмотреть проблемные аспекты тактико-криминалистического применения технических средств при производстве допроса, предложить научно обоснованные рекомендации по их использованию. В статье раскрываются особенности применения технико-криминалистических средств процессуально уполномоченными должностными лицами органов предварительного следствия и дознания при производстве допроса подозреваемых (обвиняемых), в отношении которых избрана мера пресечения в виде заключения под стражу. По результатам проведенных исследований правоприменительной практики и научной литературы авторами раскрываются процессуальные и тактические основания и порядок применения технических средств при производстве допроса на отдельных его этапах, предлагаются решения проблем, связанных с применением технико-криминалистических средств, даются рекомендации по порядку применения отдельных технических средств. Выделяются наиболее целесообразные тактические приемы допроса при применении технических средств фиксации. Авторами предложены изменения в уголовно-процессуальное законодательство по совершенствованию законодательных норм в области применения технических средств при производстве следственных действий. Сформулированные в статье выводы могут быть использованы в правоприменительной практике следователями (дознавателями) при производстве допроса в следственном изоляторе, а также при преподавании отдельных дисциплин: «Уголовный процесс», «Криминалистика», а также специальных курсов (по выбору) уголовно-правового профиля. The purpose of the article was to consider the problematic aspects of the tactical and forensic use of technical means during the interrogation, to offer evidence-based recommendations for their use. The article reveals the features of the use of technical and forensic means by the procedurally authorized officials of the preliminary investigation and inquiry bodies during the interrogation of suspects (accused), in respect of which a preventive measure in the form of detention has been chosen. According to the results of the research of law enforcement practice and scientific literature, the authors reveal the procedural and tactical grounds and the procedure for the use of technical means during the interrogation at its individual stages, offers solutions to problems associated with the use of technical and forensic means, gives some recommendations on the order of application of individual technical means. The most appropriate tactics of interrogation, the use of technical facilities of fixation. The authors propose changes to the criminal procedure legislation to improve the legislative norms in the field of application of technical means in the investigative actions realization. The conclusions formulated in the article can be used in law enforcement practice by investigators (inquirers) during the interrogation in the pretrial detention center, as well as in the teaching of certain disciplines: «Criminal procedure», «Criminalistics», as well as special courses (optional) of criminal law profile.

Judicial geography as a legal science and academic discipline

2019 ◽  
Vol 5 (4) ◽  
pp. 122-137
Author(s):  
Almaz F. Abdulvaliev
Keyword(s):  
Criminal Law ◽  
Climatic Factors ◽  
Academic Discipline ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Mapping Method ◽  
Research Field ◽  
Point Of View ◽  
Theoretical Development ◽  
New Research

This article presents the conceptual foundations for the formation of a new research field “Judicial Geography”, including the prerequisites for its creation, academic, and theoretical development, both in Russia and abroad. The purpose of the study is to study the possibility of applying geographical methods and means in criminal law, criminal procedure, and in judicial activity in general via the academic direction “Judicial Geography”. The author describes in detail the main elements of judicial geography and its role and significance for such legal sciences, as criminal law, criminal procedure, criminalistics, and criminology among others. The employed research methods allow showing the main vectors of the development of judicial geography, taking into account the previous achievements of Russian and worldwide academics. The author indicates the role and place of judicial geography in the system of legal sciences. This study suggests a concept of using scientific geographical methods in the study of various legal phenomena of a criminal and criminal-procedural nature when considering the idea of building judicial bodies and judicial instances, taking into account geographical and climatic factors. In this regard, the author advises to introduce the special course “Judicial Geography”, which would allow law students to study the specifics of the activities of the judiciary and preliminary investigation authorities from a geographical point of view, as well as to use various geographical methods, including the mapping method, in educational and practical activities. The author concludes that forensic geography may become a new milestone for subsequent scientific research in geography and jurisprudence.

Forging a British World of Trade

2019 ◽  
Author(s):  
David Thackeray
Keyword(s):  
South Africa ◽  
Twentieth Century ◽  
New Zealand ◽  
United Nations ◽  
International Collaboration ◽  
League Of Nations ◽  
Business Leaders ◽  
Trade Relations ◽  
Historical Role ◽  
The Eu

Brexit is likely to lead to the largest shift in Britain’s economic orientation in living memory. Some have argued that leaving the EU will enable Britain to revive markets in Commonwealth countries with which it has long-standing historical ties. Their opponents argue that such claims are based on forms of imperial nostalgia which ignore the often uncomfortable historical trade relations between Britain and these countries, as well as the UK’s historical role as a global, rather than chiefly imperial, economy. This book explores how efforts to promote a ‘British World’ system, centred on promoting trade between Britain and the Dominions, grew and declined in influence between the 1880s and 1970s. At the beginning of the twentieth century many people from London, to Sydney, Auckland, and Toronto considered themselves to belong to culturally British nations. British politicians and business leaders invested significant resources in promoting trade with Australia, Canada, New Zealand, and South Africa out of a perception that these were great markets of the future. However, ideas about promoting trade between ‘British’ peoples were racially exclusive. From the 1920s onwards colonized and decolonizing populations questioned and challenged the bases of British World networks, making use of alternative forms of international collaboration promoted firstly by the League of Nations and then by the United Nations. Schemes for imperial collaboration amongst ethnically ‘British’ peoples were hollowed out by the actions of a variety of political and business leaders across Asia and Africa who reshaped the functions and identity of the Commonwealth.

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