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Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment.It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes.
An involuntarily committed, legally competent patient who refused medication had a right to professional medical review of the treating psychiatrist's decision. The Court left the decision-making process to medical professionals. 14th 1990 Washington v. Harper: Prisoners have only a very limited right to refuse psychotropic medications in prison.
Involuntary treatment or mandatory treatment refers to medical treatment undertaken without the consent of the person being treated. Involuntary treatment is permitted by law in some countries when overseen by the judiciary through court orders; other countries defer directly to the medical opinions of doctors.
The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. [1]
In English law, diminished responsibility is one of the partial defenses that reduce the offense from murder to manslaughter if successful (termed "voluntary" manslaughter for these purposes). This allows the judge sentencing discretion, e.g. to impose a hospital order under section 37 of the Mental Health Act 1983 to ensure treatment rather ...
Ohio State Law Journal. 83: 529–599. SSRN 3596957. McKoski, Raymond J. (2010). "Judicial Discipline and the Appearance of Impropriety: What the Public Sees Is What the Judge Gets" (PDF). Minnesota Law Review. 94: 1914. Rotunda, Ronald D. (October 5, 2005). "Alleged Conflicts of Interest because of the "Appearance of Impropriety" " (PDF ...
WASHINGTON (Reuters) -President-elect Donald Trump's nominee for attorney general, Matt Gaetz, faced growing scrutiny from his fellow congressional Republicans on Thursday, with one saying he ...
Capacity in English law refers to the ability of a contracting party to enter into legally binding relations. If a party does not have the capacity to do so, then subsequent contracts may be invalid; however, in the interests of certainty , there is a prima facie presumption that both parties hold the capacity to contract.