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Post by Admin on Nov 29, 2023 14:43:25 GMT
The Abolition of the Insanity Defense in Sweden and the United Nations Convention on the Rights of Persons with Disabilities www.academia.edu/109861646/The_Abolition_of_the_Insanity_Defense_in_Sweden_and_the_United_Nations_Convention_on_the_Rights_of_Persons_with_DisabilitiesNew Criminal Law Review The Abolition of the Insanity Defense in Sweden and the United Nations Convention on the Rights of Persons with Disabilities: Human Rights Brinksmanship or Evidence it Does not Work? 2018 • Piers Gooding, Tova Bennet The UN Convention on the Rights of Persons with Disabilities (CRPD) may require the abolition of the insanity defence and similar 'special defences' in criminal law. Proponents argue that abolishing the defence would advance efforts to fully recognise the legal capacity of persons with disabilities on an equal basis with others; detractors suggest it would compound substantive discrimination and disadvantage facing an already marginalised population. This paper seeks to accelerate debates about the insanity defence and international human rights law with reference to Swedish criminal law, which saw the abolition of the insanity defence in 1965. Neither side of the debate appear to have considered the anomaly of Swedish criminal law. Equally, Swedish legislators concerned with this area of law have
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Post by flyingcarpet46 on Jan 28, 2024 8:02:41 GMT
Starmer backs Nottingham attacksinquiry as government considers sentence review. Guardian 27jan23.
A judge handed down a restricted hospital order to ...(a)32 year old who has paranoid schizophreniaand whose pleas to manslaughter by reason of dimished responsibility were accepted this week.
The families of the three people he killed reacted angrily to the sentencing and accused prosecutors of a fait accompli in accepting manslaughter charge rather than murder.
A restricted hospital order has no time limit.
Calocane's sentence.27jan23. According to the NHS , high security hospital's physical security arrangements are equivalent to a category B Prison . However they are to treat individuals who in a prison setting would be in a Category A environment. arrangements
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Post by flyingcarpet46 on Jan 28, 2024 8:15:00 GMT
The families of those killed make 3 claims
I.the sentence is 2 lenient.
if the attorney general was to progress the case, they would have to argue that Colocane's condition was not as severe as presented.
2.part of the families'call for a review is that there is evidence of premeditation/ preparing.
3 opportunities arose for intervention before the attack which were not acted upon.
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Post by flyingcarpet46 on Jan 28, 2024 8:28:56 GMT
The UN Convention on Rights of Persons with Disabilities.
Tina Minkowitz has argued that mentally ill have Legal capacity and should be treated like anyone else
That the Insanity Defence is discriminatory.
Calocane's sentence... Guardian 27jan23.
There are 2 sides to this discrimination 1. A restricted hospital order does not have a time limit meaning it does not have a fixed end date and does not have to be renewed
2 But , as in Colcrane's case sending him to hospital instead of prison is 'unduly' lenient'
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Post by flyingcarpet46 on Jan 28, 2024 9:06:11 GMT
The Meaning of Legal Capacity is Equality. Tina Minkowitz .2 Feb 2014. www.madinamerica.comSome Thoughts on the Insanity Defense. Tina Minkowitz. 11 Jul 2014. Minkowitz argues that everyone , regardless of a mental health condition, should be tried in court and , if found guilty, sentenced to prison - but that prisoners should have access to mental health facilities/ care. In other words legal capacity does allow for a claim of 'dimished responsibility' Minkowitz argues that all special forensic units should be disbanded. An alternative approach has been suggested where cases go to court and killing , as in the Colocane case, are judged as murder but may be sentenced to either prison or a hospital.
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