scholarly journals The Mediation Alternative: Process Dangers for Women

Author(s):  
Trina Grillo

This article argues that mandatory mediation provides neither a more just nor a more humane alternative to the adversarial system of adjudication of custody and, therefore, does not fulfill its promises. It looks at California’s mandatory mediation law, which requires that all custody and visitation disputes be mediated prior to being considered by the county Superior Court. While mediation is a place where emotions can be expressed, expressions of anger are often overtly discouraged, thereby silencing a woman who may have, for the first time in her life, found a voice for her anger. For a victim of physical abuse, the direct confrontation with her husband, with the safety of her children and herself at stake, would surely be psychologically traumatizing and might also put her in physical danger. The article then explains judicial violence and considers alternatives to mandatory mediation.

2020 ◽  
Vol 11 (2) ◽  
pp. 59-78
Author(s):  
Atif Uddin ◽  
Liaquat Ali

  ABSTRACT The purpose of this research is to analyze the causes of non-implementation of witness protection laws in Pakistan and their effects on the right of a fair trial. The key elements in a criminal trial are witnesses and their testimonies, which establish the guilt of the accused. Pakistan follows the adversarial system of trial, which is based on two basic principles; firstly that the burden of proof lies on the prosecution and secondly, that the accused is presumed to be innocent until proven guilty. Witness protection is essential for a fair trial. In terms of Article 10A of the Constitution, 1973, the right of a fair trial is a indisputable and  inalienable right of every inhabitant of Pakistan including the victims and witnesses. Protecting witnesses and victims is an obligation of the State. The process of investigation and prosecution of crimes, serious or not, be subject to mainly on the evidence and authentication of witnesses. Hence, witnesses are the chief ingredient  of the fruitful Administration of the criminal justice system (CJS) in Pakistan. General principles of evidence are contained in the Qanoon-e-Shahdat Order, 1984 (‘QSO-1984’) however, on the matter of witness protection in Pakistan, for the first time complete legislation was introduced at the federal and provincial levels (except Khyber Pakhtunkhwa). The  outcome of the reluctant approach of the public at large is that the suspect , every time able to free from a criminal charge  and the criminal administration of justice fails.  Hence, it is a denial of due process and violation of the essential entitlement to a fair trial of the victim. خلاصہ اس تحقیق کا مقصد پاکستان میں گواہوں کے تحفظ کے قوانین کے نفاذ کی وجوہات اور منصفانہ مقدمے کی سماعت کے حق پر ان کے اثرات کا تجزیہ کرنا ہے۔ مجرمانہ مقدمے کی سماعت کے اہم عنصر گواہ اور ان کی شہادتیں ہیں ، جو ملزم کا جرم ثابت کرتے ہیں۔ پاکستان آزمائشی نظام کی پیروی کرتا ہے ، جو دو بنیادی اصولوں پر مبنی ہے۔ پہلا یہ کہ ثبوت کا بوجھ استغاثہ پر پڑتا ہے اور دوسرا یہ کہ قصوروار ثابت ہونے تک ملزم کو بے قصور سمجھا جاتا ہے۔ منصفانہ آزمائش کے لئے گواہوں کا تحفظ ضروری ہے۔ آئین کے آرٹیکل 10 اے کے تحت 1973 میں ، منصفانہ آزمائش کا حق متاثرین اور گواہوں سمیت پاکستان کے ہر شہری کا ایک بنیادی ، ناگزیر حق ہے۔ گواہوں اور متاثرین کی حفاظت کرنا ریاست کی ذمہ داری ہے۔ سنگین ہے یا نہیں ، جرائم کی تحقیقات اور ان کے خلاف قانونی کارروائی کا عمل بنیادی طور پر گواہوں کے ثبوت اور توثیق پر منحصر ہے۔ لہذا ، گواہ پاکستان میں فوجداری نظام کے ثمر آور انتظامیہ کا سنگ بنیاد ہیں۔ ثبوت کے عمومی اصول قونونِ شہادت آرڈر ، 1984 میں موجود ہیں ، تاہم ، پاکستان میں گواہوں کے تحفظ کے معاملے پر ، پہلی بار وفاقی اور صوبائی سطح پر (خیبر پختونخوا کے علاوہ) مکمل قانون سازی کی گئی۔ بڑے پیمانے پر عوام سے ہچکچاتے ہوئے اندازہ لگانے کا نتیجہ یہ ہے کہ ہر بار مجرم ، مجرمانہ الزامات سے آزاد ہونے اور انصاف کی مجرمانہ انتظامیہ ناکام ہوجاتا ہے۔ لہذا ، یہ انصاف کی تردید اور مقتول کے منصفانہ مقدمے کے لازمی حق کی خلاف ورزی ہے۔ کلیدی الفاظ منصفانہ ٹرائل ، گواہوں سے تحفظ ، گواہوں کے تحفظ کا قانون ، فوجداری انصاف کا نظام ، گواہ گمنامی کا حکم ، آئین۔  


1998 ◽  
Vol 83 (3_suppl) ◽  
pp. 1415-1418
Author(s):  
Ashton D. Trice ◽  
Kevin F. Schanning

Whether inmates who participate in college programs have better postrelease outcomes than those who do not participate is controversial, with opponents of college prison programs suggesting that college programs' successes are due to selectivity. 150 women in a state prison, including 61 women in a college program and 89 women sampled from the general population, were compared. Only 7 of 34 variables significantly differentiated the two groups. The percentage of women who had used marijuana, rates of mothers' arrests, length of time served, rates of physical abuse, participation in vocational programs, and percent incarcerated for violent offences were higher among the women in the college program, who were more likely to be first-time offenders.


2021 ◽  
Vol 12 ◽  
Author(s):  
Cui Huang ◽  
Qiuyu Yuan ◽  
Ling Zhang ◽  
Lei Wang ◽  
Shu Cui ◽  
...  

Childhood trauma is related to substance use disorder; however, few studies have examined the relationship between childhood trauma and the age at which the drug was first used. The aim of this study was to investigate the relationship between childhood trauma and the age of first-time drug use among methamphetamine-dependent patients. Moreover, we analyzed the characteristics of adverse family environment associated with severe childhood trauma and the risk factors for starting drugs in minors. A baseline interview was conducted with 110 participants who were in detoxification, including demographic information, past substance use, and age of first-time drug use. The participants' childhood trauma experience before 18 years of age was evaluated using the simplified version of the Childhood Trauma Questionnaire (CTQ-SF). The Chinese version of the Family Environment Scale (FES-CV) was used to assess the family environment of methamphetamine-dependent patients. Among 110 non-injecting methamphetamine-dependent patients, nearly half (n = 48, 43.6%) had moderate and severe childhood trauma. Correlation analysis showed that the age of first-time drug use negatively correlated with emotional abuse (r = −0.32, p < 0.01) and physical abuse (r = −0.27, p < 0.01). The age of first-time drug use negatively correlated with conflict (r = −0.20, p < 0.05) and independence (r = −0.22, p < 0.05) of family environment, but positively correlated with intellectual-cultural orientation (r = 0.28, p < 0.01). Additionally, childhood trauma factors significantly correlated with many indexes of family environment, especially cohesion (r = −0.45, p < 0.01), conflict (r = 0.49, p < 0.01), and independence (r = 0.33, p < 0.01). Additionally, the regression model showed that when emotional abuse increased by one point, the age of first-time drug use was 0.69 years earlier. These findings suggest that a detrimental family environment can aggravate childhood trauma, and the experience of childhood emotional or physical abuse may be an effective predictor of early drug use among methamphetamine-dependent patients.


Author(s):  
J. Chakraborty ◽  
A. P. Sinha Hikim ◽  
J. S. Jhunjhunwala

Although the presence of annulate lamellae was noted in many cell types, including the rat spermatogenic cells, this structure was never reported in the Sertoli cells of any rodent species. The present report is based on a part of our project on the effect of torsion of the spermatic cord to the contralateral testis. This paper describes for the first time, the fine structural details of the annulate lamellae in the Sertoli cells of damaged testis from guinea pigs.One side of the spermatic cord of each of six Hartly strain adult guinea pigs was surgically twisted (540°) under pentobarbital anesthesia (1). Four months after induction of torsion, animals were sacrificed, testes were excised and processed for the light and electron microscopic investigations. In the damaged testis, the majority of seminiferous tubule contained a layer of Sertoli cells with occasional spermatogonia (Fig. 1). Nuclei of these Sertoli cells were highly pleomorphic and contained small chromatinic clumps adjacent to the inner aspect of the nuclear envelope (Fig. 2).


Author(s):  
M. Rühle ◽  
J. Mayer ◽  
J.C.H. Spence ◽  
J. Bihr ◽  
W. Probst ◽  
...  

A new Zeiss TEM with an imaging Omega filter is a fully digitized, side-entry, 120 kV TEM/STEM instrument for materials science. The machine possesses an Omega magnetic imaging energy filter (see Fig. 1) placed between the third and fourth projector lens. Lanio designed the filter and a prototype was built at the Fritz-Haber-Institut in Berlin, Germany. The imaging magnetic filter allows energy-filtered images or diffraction patterns to be recorded without scanning using efficient area detection. The energy dispersion at the exit slit (Fig. 1) results in ∼ 1.5 μm/eV which allows imaging with energy windows of ≤ 10 eV. The smallest probe size of the microscope is 1.6 nm and the Koehler illumination system is used for the first time in a TEM. Serial recording of EELS spectra with a resolution < 1 eV is possible. The digital control allows X,Y,Z coordinates and tilt settings to be stored and later recalled.


Author(s):  
Z.L. Wang ◽  
J. Bentley ◽  
R.E. Clausing ◽  
L. Heatherly ◽  
L.L. Horton

Microstructural studies by transmission electron microscopy (TEM) of diamond films grown by chemical vapor deposition (CVD) usually involve tedious specimen preparation. This process has been avoided with a technique that is described in this paper. For the first time, thick as-grown diamond films have been examined directly in a conventional TEM without thinning. With this technique, the important microstructures near the growth surface have been characterized. An as-grown diamond film was fractured on a plane containing the growth direction. It took about 5 min to prepare a sample. For TEM examination, the film was tilted about 30-45° (see Fig. 1). Microstructures of the diamond grains on the top edge of the growth face can be characterized directly by transmitted electron bright-field (BF) and dark-field (DF) images and diffraction patterns.


Author(s):  
Shou-kong Fan

Transmission and analytical electron microscopic studies of scale microstructures and microscopic marker experiments have been carried out in order to determine the transport mechanism in the oxidation of Ni-Al alloy. According to the classical theory, the oxidation of nickel takes place by transport of Ni cations across the scale forming new oxide at the scale/gas interface. Any markers deposited on the Ni surface are expected to remain at the scale/metal interface after oxidation. This investigation using TEM transverse section techniques and deposited microscopic markers shows a different result,which indicates that a considerable amount of oxygen was transported inward. This is the first time that such fine-scale markers have been coupled with high resolution characterization instruments such as TEM/STEM to provide detailed information about evolution of oxide scale microstructure.


Author(s):  
Yimei Zhu ◽  
J. Tafto

The electron holes confined to the CuO2-plane are the charge carriers in high-temperature superconductors, and thus, the distribution of charge plays a key role in determining their superconducting properties. While it has been known for a long time that in principle, electron diffraction at low angles is very sensitive to charge transfer, we, for the first time, show that under a proper TEM imaging condition, it is possible to directly image charge in crystals with a large unit cell. We apply this new way of studying charge distribution to the technologically important Bi2Sr2Ca1Cu2O8+δ superconductors.Charged particles interact with the electrostatic potential, and thus, for small scattering angles, the incident particle sees a nuclei that is screened by the electron cloud. Hence, the scattering amplitude mainly is determined by the net charge of the ion. Comparing with the high Z neutral Bi atom, we note that the scattering amplitude of the hole or an electron is larger at small scattering angles. This is in stark contrast to the displacements which contribute negligibly to the electron diffraction pattern at small angles because of the short g-vectors.


Author(s):  
S.J. Krause ◽  
W.W. Adams

Over the past decade low voltage scanning electron microscopy (LVSEM) of polymers has evolved from an interesting curiosity to a powerful analytical technique. This development has been driven by improved instrumentation and in particular, reliable field emission gun (FEG) SEMs. The usefulness of LVSEM has also grown because of an improved theoretical and experimental understanding of sample-beam interactions and by advances in sample preparation and operating techniques. This paper will review progress in polymer LVSEM and present recent results and developments in the field.In the early 1980s a new generation of SEMs produced beam currents that were sufficient to allow imaging at low voltages from 5keV to 0.5 keV. Thus, for the first time, it became possible to routinely image uncoated polymers at voltages below their negative charging threshold, the "second crossover", E2 (Fig. 1). LVSEM also improved contrast and reduced beam damage in sputter metal coated polymers. Unfortunately, resolution was limited to a few tenths of a micron due to the low brightness and chromatic aberration of thermal electron emission sources.


2020 ◽  
Vol 5 (2) ◽  
pp. 463-478
Author(s):  
Elizabeth Crais ◽  
Melody Harrison Savage

Purpose The shortage of doctor of philosophy (PhD)–level applicants to fill academic and research positions in communication sciences and disorders (CSD) programs calls for a detailed examination of current CSD PhD educational practices and the generation of creative solutions. The intended purposes of the article are to encourage CSD faculty to examine their own PhD program practices and consider the perspectives of recent CSD PhD graduates in determining the need for possible modifications. Method The article describes the results of a survey of 240 CSD PhD graduates and their perceptions of the challenges and facilitators to completing a PhD degree; the quality of their preparation in research, teaching, and job readiness; and ways to improve PhD education. Results Two primary themes emerged from the data highlighting the need for “matchmaking.” The first time point of needed matchmaking is prior to entry among students, mentors, and expectations as well as between aspects of the program that can lead to students' success and graduation. The second important matchmaking need is between the actual PhD preparation and the realities of the graduates' career expectations, and those placed on graduates by their employers. Conclusions Within both themes, graduate's perspectives and suggestions to help guide future doctoral preparation are highlighted. The graduates' recommendations could be used by CSD PhD program faculty to enhance the quality of their program and the likelihood of student success and completion. Supplemental Material https://doi.org/10.23641/asha.11991480


Sign in / Sign up

Export Citation Format

Share Document