We use cookies to enable digital experiences.Disable them/read more. Browse on or click to
Lexis Nexis Competencies of Trial: Fitness to Plead in New Zealand
Through a detailed examination of relevant legislation and developing case law Competencies of Trial: Fitness to Plead in New Zealand addresses issues around the determination of fitness to plead, or competency to stand trial, which has long been a vexed issue for the law.
In Stock
Release Date:
September 01, 2011
ISBN/ISSN:
9781877511745
/
One Year Subscription Only Terms
Subscribers receive the product(s) listed on the Order Form and any Updates made available during the annual subscription period. Shipping and handling fees are not included in the annual price.
Subscribers are advised of the number of Updates that were made to the particular publication the prior year. The number of Updates may vary due to developments in the law and other publishing issues, but subscribers may use this as a rough estimate of future shipments. Subscribers may call Customer Support at 800-833-9844 for additional information.
Subscribers may cancel this subscription by: calling Customer Support at 800-833-9844; emailing customer.support@lexisnexis.com; or returning the invoice marked 'CANCEL'.
If subscribers cancel within 30 days after the product is ordered or received and return the product at their expense, then they will receive a full credit of the price for the annual subscription.
If subscribers cancel between 31 and 60 days after the invoice date and return the product at their expense, then they will receive a 5/6th credit of the price for the annual subscription. No credit will be given for cancellations more than 60 days after the invoice date. To receive any credit, subscriber must return all product(s) shipped during the year at their expense within the applicable cancellation period listed above.
Product description
Through a detailed examination of relevant legislation and developing case law Competencies of Trial: Fitness to Plead in New Zealand addresses issues around the determination of fitness to plead, or competency to stand trial, which has long been a vexed issue for the law. Recent statutory developments in New Zealand follow legislative changes that have occurred in other common law jurisdictions in response to the acknowledged importance of the fitness of a person to stand trial as a threshold issue. With the emergence worldwide of a human rights culture in the last 25 years, criminal procedure has been especially impacted upon as legislatures struggle to ensure that local criminal laws and procedure are “rights-compliant” and conform with international human rights standards.
Competencies of Trial: Fitness to Plead in New Zealand considers how the tensions described above are worked out in practice through the statutory rules governing unfitness to stand trial. The book examines how the courts have operationalised the fitness rules in relation to such questions as how the issue is raised, how it is determined and the extent to which the rules ought to reflect a best interest component. It then considers comparative and ethical issues, and addresses particular concerns about expert evidence in this context. Later chapters consider how the law has evolved, or is evolving, in relation to particular cohorts of people for whom the unfitness rules have special significance in their application, namely juveniles and persons with an intellectual disability. Finally, issues around the disposition of unfit offenders are considered, together with the related question of whether the law should provide for fitness to be tested in the post-conviction phase. The book concludes with some recommendations for reform.
Warren Brookbanks is a Professor of Law at the University of Auckland where he has been with the Faculty of Law since 1983. Warren has an international reputation in the fields of criminal law, mental health law and therapeutic jurisprudence.
Related Titles
Butterworths Crimes Act 1961, 16th edition
Criminal Justice in New Zealand
Psychiatry and the Law
LawNews #21 Advertisement
LawTalk #790 Review
Table of contents
Chapter 1: Introduction: The origins of the fitness rule
Chapter 2: Developments of the doctrine in New Zealand
Chapter 3: Raising the issue of fitness: S 9 hearings and beyond
Chapter 4: Establishing the threshold and determining fitness to stand trial
Chapter 5: Unfitness to plead in the United Kingdom
Chapter 6: Expert evidence in the assessment of trial competence
Chapter 7: Ethical issues in determining fitness
Chapter 8: Intellectually disabled offenders and determining trial competence
Chapter 9: Juvenile competence to stand trial
Chapter 10: Fitness to be sentenced
Chapter 11: Disposition of persons unfit to stand trial
Chapter 12: Conclusions and recommendations for reform
