Prison sentences: last resort or the default sanction? [2018]

This paper discusses the sentencing purposes for penal penalties, judges’ perceptions of sentencing purposes and prison sentences, and the effects of penal sanctions. We examine judges’ positions towards different penalties, with a focus on imprisonment, since their views on the different penalties are related to their sentencing decision-making. Understanding these

Mentally ill offenders eligible for diversion at local court in New South Wales (NSW), Australia: factors associated with initially successful diversion [2018]

Diversion away from the criminal justice system and into mental health treatment services is a key strategy for addressing the well-established burden of mental illness suffered by those presenting to court. While mental health courts, court liaison and court diversion services have been developed in many jurisdictions internationally, there is

Does Reducing Case Processing Time Reduce Recidivism? A Study of the Early Case Resolution Court [2018]

Case processing times throughout the United States exceed national standards created by multiple agencies. To combat this, multiple expedited case processing courts have been developed across the nation; however, research regarding these courts has failed to consider recidivism outcomes among participants. We examined the outcomes of a specialized court in

Insanity findings and evaluation practices: A state‐wide review of court‐ordered reports – 2018

Evaluations of legal sanity are some of the most complex and consequential mental health evaluations that forensic clinicians perform for the courts. Thus, there is strong reason to monitor the wide‐scale process and conclusions of sanity evaluations. In this study, we review 1,111 court‐ordered sanity evaluation reports submitted by 74

Medication state at the time of the offense: Medication noncompliance, insight and criminal responsibility – 2018

This study used a mixed quantitative‐qualitative methodology to examine whether mock jurors considered a defendant’s meta‐responsibility – specifically, the defendant’s medication noncompliance and degree of insight into his/her schizophrenia – when determining the person’s criminal responsibility. The degree of expert witness explanation regarding these factors was also varied. Participants (n

Does the use of risk assessments in sentences respect the right to due process? A critical analysis of the Wisconsin v. Loomis ruling – 2018

On 13 July 2016, the Supreme Court of Wisconsin published a crucial decision which ruled for the first time ever about the constitutionality of using algorithms in sentencing. The ruling accepted their use, arguing that defendants’ right to due process was not violated by the mere fact that they could

Fitness to Stand Trial and Criminal Responsibility Assessments in Canada: Improving Access to Qualified Mental Health Professionals – Canadian Psychological Association – 2017-12

The Canadian Psychological Association (CPA) is the national association for the science, practice and education of psychology in Canada. The assessment of fitness to stand trial and the assessment of criminal responsibility are key activities necessary to the administration of justice at the interface of mental health and the law. Canadian psychologists have

Opening the Doors of Justice – An Attempt to Make True Justice Accessible to People with an Intellectual Disability Who Have Been the Victims of a Crime – 2015-11-17

Mark Pathak pioneered a model of work to enable people with intellectual disabilities engage with the criminal justice system as complainants. The framework provides specialist support to help witnesses prepare for the courtroom experience while helping the court understand in advance the capabilities of the witnesses. Opening the Doors of Justice –