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Sentencing mentally disordered offenders: conflicting objectives, perilous decisions and cognitive insights

Peay, Jill (2015) Sentencing mentally disordered offenders: conflicting objectives, perilous decisions and cognitive insights. LSE Law, Society and Economy Working Paper Series, 1/2015. The London School of Economics and Political Science, London, UK.

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Identification Number: 10.2139/ssrn.2549653

Abstract

This paper examines the sentencing of mentally disordered offenders using an analysis of s.45A orders under the Mental Health Act 1983. The paper reviews the legislative context of the orders and the relevant tranche of Court of Appeal decisions, and looks at their use since 1998. It then touches on the literature on the role of heuristics and cognitive errors in decision-making as a vehicle for demonstrating why the courts may find sentencing in these cases peculiarly problematic. The paper concludes that partial culpability may be being used as a mechanism for justifying the imposition of these orders which facilitate the application of more risk-averse thresholds of release and recall; but that partial culpability is such a fluid concept as to introduce elements of incoherence into the disposal of mentally disordered offenders.

Item Type: Monograph (Working Paper)
Official URL: http://www.lse.ac.uk/collections/law/wps/
Additional Information: © 2015 Jill Peay
Divisions: Law
Subjects: K Law > KD England and Wales
Sets: Departments > Law
Research centres and groups > Mannheim Centre for Criminology
Date Deposited: 14 Apr 2015 16:06
Last Modified: 28 Jul 2019 23:54
URI: http://eprints.lse.ac.uk/id/eprint/61581

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