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Protecting the Public? - Executive Discretion and the Release of Mentally Disordered Offenders (Paperback)
Loot Price: R1,355
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Protecting the Public? - Executive Discretion and the Release of Mentally Disordered Offenders (Paperback)
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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 between the rights of
individuals detained under criminal and mental health law and the
responsibility for public protection in the little-known world of
executive discretion over mentally disordered offenders. It is
based on extensive and unique empirical research conducted at the
UK Home Office, with legal and clinical practitioners, with civil
society organisations and by reference to comparative
jurisdictions. Central questions considered include: executive,
judicial and tribunal decision-making; mental health and criminal
law reform regarding serious or high-risk offenders; the influence
of human rights law on policy and practice; and the role of civil
society, particularly victim interest groups, in public policy.
Through its analysis of decisions to release 'high-risk' offenders,
this book goes to the heart of the public protection agenda -
examining how 'the public' is constructed and what protection is
provided by the exercise of executive discretion. This book will be
of interest to academic and other researchers, students,
policy-makers, law reformers, commentators and anyone interested in
the field of criminal justice, mental health law and public policy.
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