In the public interest? The role of executive discretion in the release of restricted patients.

摘要: This thesis is a sociological analysis of the role executive discretion in decisions about release restricted patients. Located England and Wales, an empirical study decision-making process, based on fieldwork conducted from 2005-2006 at Mental Health Unit Home Office, with non-government actors system including legal clinical practitioners, mental health victim organisations Studying intersection criminal justice site patient system, mechanisms for preventive detention within policy have implications increasing effort to control dangerousness justice. Using key areas literature criminology, sociology socio-legal studies, conceptual tools include contemporary analyses penal policy, particularly concerns risk; decision-making: constructions public opinion their effects policy. The argues that, while was originally intended meet protection agenda, much offered symbolic, largely reassurance fears. notion 'the public' constructed opposition interests patients, through particular groups constitutive public, victims dominant conception how understands as people fearful risk. reflection which increasingly looking frameworks ways that law, because its traditional reliance upon conviction consequent sentencing, cannot offer; whose objects are not only offenders, but other so-called risky individuals perceived threat justifies range containment.