Introduction

2019 ◽  
pp. 1-6
Author(s):  
Thomas L. Hafemeister
Keyword(s):  
Criminal Justice ◽  
Mental Disorder ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Proceedings ◽  
Criminal Offenders ◽  
High Profile ◽  
Special Rules

High-profile cases have drawn considerable attention to society’s ongoing struggle with how to approach and manage cases involving criminal offenders with a mental disorder. In these cases questions arise whether it is fair and just a) to conduct criminal proceedings while a defendant is experiencing a mental disorder and b) to hold individuals who were experiencing a mental disorder at the time of the crime fully accountable for their actions and punish them accordingly. What, if any, special rules and procedures should be employed? No set of issues poses a greater challenge to the criminal justice system than how to respond to individuals whose criminal actions can be attributed to a mental disorder or are experiencing a mental disorder during the course of their trial. Indeed, these cases illuminate who we are as a society.

Criminal Trials and Mental Disorders

2019 ◽  
Author(s):  
Thomas Hafemeister
Keyword(s):  
Mental Health ◽  
Criminal Justice ◽  
Mental Disorder ◽  
Justice System ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Defendant ◽  
Systematic Examination ◽  
Special Rules ◽  
The Right

The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle like-cases in like-fashion, adhering to the proposition that the same rules and procedures should be employed regardless of a defendant’s wealth or poverty, social status, race, ethnicity, or gender. Yet, exceptions have been recognized when special circumstances are perceived to have driven a defendant’s behavior or are likely to skew the defendant’s trial. Examples include the right to act in self-defense and to be appointed an attorney if you cannot afford one. Another set of exceptions, but ones that are much more controversial, poorly articulated, and inconsistently applied, involves criminal defendants with a mental disorder. Some of these individuals are perceived to be less culpable, as well as less capable of exercising the rights all defendants retain within the justice system, more in need of mental health services than criminal prosecution, and warranting enhanced protections at trial. As a result, special rules and procedures have evolved over the centuries, often without fanfare and even today with little systematic examination, to be applied to cases involving defendants with a mental disorder. This book offers that systematic examination. It identifies the various stages of criminal justice proceedings when the mental status of a criminal defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, how they are currently resolved, and how forensic mental health assessments are conducted and employed during criminal proceedings.

What of the Child? Preventing the Publication of Children's Names After the Age of 18

2021 ◽  
Vol 24 ◽  
pp. 1-31
Author(s):  
Sophy Baird
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Freedom Of Expression ◽  
Best Interests ◽  
Child Victims ◽  
Criminal Proceedings ◽  
The Right To Privacy ◽  
The Face ◽  
The Right

Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child's identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the principle of child's best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders, this article aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.

THE MINORS IN PENAL SYSTEMS IN SELECTED COUNTRIES OF THE EUROPEAN UNION

2015 ◽  
Vol 1 (1) ◽  
pp. 0-0 ◽  
Author(s):  
Sylwia Gwoździewicz
Keyword(s):  
Czech Republic ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Specific Interaction ◽  
European Countries ◽  
Legal Systems ◽  
The European Union ◽  
Criminal Proceedings ◽  
A Minor

In foreign jurisdictions, various models of responsibility for juvenile offenses are adopted. In many countries, like Poland, entirely separate regulations in this field are adopted (England and Wales, Austria, Belgium, Czech Republic, France, Spain, Ireland, Germany, Scotland, Switzerland, Sweden). In other countries like (Slovakia, Belarus, Estonia, Greece to 2003, the Netherlands, Lithuania, Russia, Slovenia, Ukraine), there are specific rules of responsibility of minors included in criminal codes and codes of criminal proceedings. Different solutions in this regard are partly due to the different traditions of legal systems, and partly due to various axiomatic justifications formulated in these matters. Review of legislation on minority in selected European countries: Poland, Slovakia and the Czech Republic shows that in terms of the approach to the problem of minority in all legal systems, specific interaction of children and young people who come into conflict with the criminal law are included, as well as those that show signs of corruption, making their proper personal and social development threatened. Adoption of selected concepts of minors legislation, however, does not mean more or less severe approach to the liability of minors.Both discussed issues the theoretical and practical ones, are the subject of the deliberations beneath, their structure includes: <br/>1. Problems of minors in the European countries <br/>2. Minors in Polish criminal justice system <br/>3. Minors’ responsibility in Slovakian criminal justice system <br/> 4. Czech criminal justice system in relation to a minor

scholarly journals Criminal offenses - a new institute of criminal legislation of Ukraine

2020 ◽  
Vol 11 (4) ◽  
Author(s):  
Kovalova Svitlana ◽  
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Criminal Proceedings ◽  
Criminal Offense ◽  
Criminal Offenses ◽  
Criminal Legislation

The article analyzes the feasibility of introducing the institution of criminal offense. The focus is on reforming the criminal justice system. It was found out that one of the directions of reforming the criminal justice of Ukraine is the introduction of the institute of criminal misdemeanor in the criminal legislation. According to the results of the study, different approaches to the expediency of establishing liability for misconduct in the criminal legislation of Ukraine have been identified. It is reasonable that changing the understanding of the concept of crime and the criteria for its evaluation is not an easy path, but in today's conditions the introduction of criminal offenses is a progressive, timely and unalterable step, as no scientific developments can solve law enforcement problems. Keywords: criminal proceedings, institute of criminal offense, crime, reforming, criminal legislation, Concept of reforms, criminal justice

scholarly journals Ideals and interests of participants in the digitalization of criminal proceedings

2020 ◽  
pp. 66-73
Author(s):  
V. I. Przhilenskiy ◽  
I. B. Przhilenskaya
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Criminal Justice System ◽  
Justice System ◽  
Digital Technologies ◽  
Criminal Proceedings ◽  
Criminal Process

The interaction of individuals, structures and collectives in the course of digitalization of the criminal process is analyzed. The goals of various participants in the process of introducing digital technologies into criminal proceedings are considered. It is concluded that it is necessary to timely identify all the stakeholders of digitalization and other actors involved in this process, the thesis is substantiated that it is expedient to take into account and agree on strategies in order to give consistency, predictability and controllability to the digitalization process of the criminal procedural sphere of law enforcement. Thus, the readiness of the criminal justice system for the planned and actually ongoing digitalization is being tested.

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