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Das vorliegende Buch gibt einen Überblick, wie die maßgeblichen europäischen Rechtsordnungen einem der Kernprobleme des Zivilprozessrechts gegenübertreten: dem Beweismaß. Vierzehn herausragende Rechtswissenschaftler erörtern die Herangehensweise ihres Rechtssystems und tragen so zur Suche nach einem allgemeingültigen Standard bei.

Certainty. --- Certainty --- Rabbinische Exegese --- Methoden der Auslegung --- Likehood --- Standard of Proof --- Evidence --- Zivilverfahrensrecht, Insolvenzrecht

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The complicated relationship between defendants with mental health disorders and the criminal justice system The American criminal justice system is based on the bedrock principles of fairness and justice for all. In striving to ensure that all criminal defendants are treated equally under the law, it endeavors to handle similar cases in similar fashion, attempting to apply rules and procedures even-handedly regardless of a defendant’s social class, race, ethnicity, or gender. Yet, the criminal justice system has also recognized exceptions when special circumstances underlie a defendant’s behavior or are likely to skew the defendant’s trial. One of the most controversial set of exceptions –often poorly articulated and inconsistently applied – involves criminal defendants with a mental disorder. A series of special rules and procedures has evolved over the centuries, often without fanfare and even today with little systematic examination, that lawyers and judges apply to cases involving defendants with a mental disorder. This book provides an analysis of the key issues in this dynamic interplay between individuals with a mental disorder and the criminal justice system. The volume identifies the various stages of criminal justice proceedings when the mental status of a defendant may be relevant, associated legal and policy issues, the history and evolution of these issues, and how they are currently resolved. To assist this exploration, the text also offers an overview of mental disorders, their relevance to criminal proceedings, how forensic mental health assessments are conducted and employed during these proceedings, and their application to competency and responsibility determinations. In sum, this book provides an important resource for students and scholars with an interest in mental health, law, and criminal justice.

Forensic psychiatry --- Mentally ill offenders --- Insanity defense --- Insanity (Law) --- Legal status, laws, etc. --- American Law Institute Model Penal Code test. --- Boston Marathon Bombing. --- Clark v. Arizona. --- Colorado v. Connelly. --- Cooper v. Oklahoma. --- Drope v. Missouri. --- Durham rule. --- Dusky v. United States. --- Elizabeth Smart Kidnapping. --- Foucha v. Louisiana. --- Gabrielle Giffords Shooting. --- Godinez v. Moran. --- Indiana v. Edwards. --- Jackson v. Indiana. --- Jones v. United States. --- Long Island Rail Road Shooter. --- Medina v. California. --- Miranda rights. --- Miranda v. Arizona. --- Montana v. Egelhoff. --- Pate v. Robinson. --- Sandy Hook Elementary School Shooter. --- Sell v. United States. --- The Unabomber. --- Virginia Tech Shooter. --- abolition of the insanity defense. --- absence at trial. --- actus reus. --- amnesia. --- antisocial personality disorder. --- assessing malingering. --- automatic commitment. --- battered spouse/child defense. --- bipolar disorders. --- bona fide doubt. --- broken window approach. --- burden of proof. --- categorical incompetence. --- clear and convincing evidence. --- clinical mental health evaluations and treatment. --- competence to confess. --- competence to plead guilty. --- competence to represent oneself. --- competence to testify. --- competence to waive the right to an attorney. --- competency to stand trial. --- conditional release and release revocations. --- consult with assist attorney. --- correctional facility evaluations. --- correctional facility placements. --- criminal justice system alternatives. --- criminal justice system. --- criminal proceedings. --- criminal trial proceedings. --- crisis intervention teams. --- de facto mental health care system. --- deific decree defense. --- demeanor at trial. --- depressive disorders. --- dissociative disorders. --- evaluation locations. --- evaluator qualifications. --- fair and just trials. --- federal test. --- forensic mental health assessment process. --- forensic mental health assessments. --- forensic mental health evaluations. --- functional test. --- guilty but mentally ill verdict. --- history of irrational behaviour. --- impact of medication. --- impact of mental disorders. --- incompetent to stand trial. --- indefinite length of stay. --- indicators of malingering. --- initial evaluation request. --- insanity acquittee post-trial dispositions. --- insanity defense myths. --- insanity defense. --- irresistible impulse test. --- judicial hearings. --- justification versus excuse. --- law enforcement discretion. --- malingering. --- mental disorder myths. --- mental disorders and criminal behavior. --- mental disorders and violence. --- mental health courts. --- neurocognitive disorders. --- nonadversarial team approach. --- obsessive-compulsive disorders. --- obtaining experts for indigent defendant. --- outpatient community treatment. --- personality disorders. --- present mental capacity. --- presumption of incompetence. --- psychiatric facility placements. --- psychodynamic models. --- psychotic disorders. --- reporting requirements. --- right to a jury. --- risk assessments. --- scope of expert’s assistance. --- second evaluations. --- shifting/raising burden of proof. --- sleep-walking defense. --- standard of proof. --- standards for establishing competence. --- sua sponte. --- the insanity defense and variations. --- therapeutic jurisprudence. --- trauma and stressor-related disorders. --- treatment over objection.