Towards a Principled Legal Response to Children Who Kill

Youth Justice ◽  
2018 ◽  
Vol 18 (3) ◽  
pp. 211-229 ◽  
Author(s):  
Nessa Lynch
Keyword(s):  
Public Safety ◽  
Common Law ◽  
Trial Procedure ◽  
Typical Response ◽  
Legal Response ◽  
Age Appropriate ◽  
Societal Interest

This article surveys common-law jurisdictions, finding that the typical response to a homicide charge against a child is prosecution and sentencing in the adult jurisdiction. Reforms, such as alterations to trial procedure, and lower sentencing starting points have focussed on mitigating the excesses of adult trial and sentence. A principled approach requires a different lens. Practical strands of an age-appropriate response include custody as a last resort and only where there is a risk to public safety, an automatic prohibition on publication of identifying biographical details, and a child-specific jurisdiction. The prevailing societal interest is in reintegration.

Scales of Justice: Defense Counsel and the English Criminal Trial in the Eighteenth and Nineteenth Centuries

1991 ◽  
Vol 9 (2) ◽  
pp. 221-267 ◽  
Author(s):  
J. M. Beattie
Keyword(s):  
Eighteenth Century ◽  
Professional Training ◽  
Common Law ◽  
Criminal Trial ◽  
Criminal Courts ◽  
Defense Counsel ◽  
Trial Procedure ◽  
Eighteenth And Nineteenth Centuries ◽  
The Right

My subject is the story of the entry of lawyers into the English criminal courts and their impact on trial procedure. Until the eighteenth century lawyers played little part in the trial of felonies in England—in the trial, that is, of those accused of the most serious offenses, including murder, rape, arson, robbery, and virtually all forms of theft. Indeed, the defendants in such cases were prohibited at common law from engaging lawyers to act for them in court. In the case of less-serious crimes—misdemeanors—defendants were allowed counsel; and those accused of high treason, the most serious offense of all, were granted the right to make their defense by counsel in 1696. But not in felony. Accused felons might seek a lawyer's advice on points of law, but if they wanted to question the prosecution evidence or to put forward a defense, they had to do that on their own behalf. The victim of a felony (who most often acted as the prosecutor in a system that depended fundamentally on private prosecution) was free to hire a lawyer to manage the presentation of his or her case. But in fact few did so. The judges were generally the only participants in felony trials with professional training. They dominated the courtroom and orchestrated the brief confrontation between the victim and the accused that was at the heart of the trial.

Drones and Invasions of Privacy: An International Comparison of Legal Responses

2019 ◽  
Author(s):  
Des Butler
Keyword(s):  
United States ◽  
Common Law ◽  
The United States ◽  
Unmanned Aircraft ◽  
Unmanned Aircraft Systems ◽  
Aircraft Systems ◽  
Legal Response ◽  
The United Kingdom ◽  
Legal Responses ◽  
Remotely Piloted Aircraft

Privacy has been recognised nationally and internationally as a major challenge posed by the growing proliferation of drones, otherwise known as ‘remotely piloted aircraft’, ‘small unmanned aircraft’ or ‘unmanned aircraft systems’, with surveillance capability. Currently in Australia an uneven landscape of common law causes of action, surveillance statutes and data protection laws provide fragmented protection of privacy. This article compares that legal response with those of the United Kingdom and the United States. It identifies commonalities and differences between those approaches that may be instructive as Australia determines the appropriate response to the potential of invasion of privacy posed by this form of transformative technology.

Provider Conflicts of Interest in US Healthcare

2020 ◽  
Author(s):  
Richard S. Saver
Keyword(s):  
Empirical Evidence ◽  
Clinical Judgment ◽  
Conflicts Of Interest ◽  
Common Law ◽  
Third Party ◽  
Health Law ◽  
Legal Response ◽  
Drug Companies ◽  
Insufficient Response ◽  
Financial Arrangements

This chapter focuses on provider conflicts of interest (COIs) in US healthcare. Physicians practice within a turbulent US healthcare system featuring expanding complexity and commercialization. Potential COIs abound, including financial arrangements with drug companies and third-party payers that threaten to undermine clinical judgment and steadfast devotion to the patient. The chapter explores how the obligation to avoid or manage COIs is not always clear and uniform under US law; instead, it arises from a confusing patchwork of overlapping legal sources, including common law doctrines and regulatory provisions that are often limited in application or impose difficult procedural and proof burdens. The typical legal response to COIs has been required disclosure, but disclosure proves a necessary yet insufficient response with potentially unintended results. The chapter then explains why regulation of provider COIs remains particularly challenging for US health law, including limited empirical evidence about the effect of COIs on healthcare, difficulties in developing proportionate responses, and uncertainty in how to address secondary interests that advance important societal goals beyond the immediate patient's welfare.

Russia's Debt to the Mongols in Suretyship and Collective Responsibility

1988 ◽  
Vol 30 (2) ◽  
pp. 249-270 ◽  
Author(s):  
Horace W. Dewey
Keyword(s):  
Corporal Punishment ◽  
Public Safety ◽  
Collective Responsibility ◽  
Forced Labor ◽  
Trial Procedure ◽  
Administrative Service ◽  
Or Groups ◽  
Contractual Obligations ◽  
Surety Bonds

The terms poruka (suretyship or collective responsibility) and poruchnik (surety, guarantor) rarely appear in pre-Mongol Russian texts. Formal poruka seems to have expanded enormously only after the Mongol invasion. The institution clearly flourished in Muscovite Russia, where q“surety bonds” (poruchnye zapisi) were drawn up to cover debts and contractual obligations, military and administrative service, payment of fiscal levies, obligatory labor, trial procedure, personal conduct, public safety, political allegiance—and even matters of conscience and orthodoxy (“spiritual suretyship”). In all those areas, individuals or groups of people could, as “sureties,” be held responsible for the conduct of others, the “principals.” Sureties faced harsh penalties—fines, forced labor, corporal punishment, and worse—for their principals' misconduct or failure to fulfill certain obligations.

The Development of the Deathbed Transfer in Medieval English Manor Courts

1988 ◽  
Vol 47 (3) ◽  
pp. 403-427 ◽  
Author(s):  
L. Bonfield ◽  
L. R. Poos
Keyword(s):  
Common Law ◽  
Judicial System ◽  
Administrative Burden ◽  
Property Owner ◽  
Property Owners ◽  
Legal Effect ◽  
Succession Process ◽  
The One ◽  
Societal Interest

Property owners in modern common-law jurisdictions have a wide variety of legal instruments at their disposal to effect the inter-generational transfer of wealth. Indeed the object of much reform in the area of estate transmission in the course of this century has been to reduce the formality required to execute the comprehensive succession arrangements which anthropologists and historians have termed “strategies.” Yet the process of relaxation of formality has not produced a law devoid of requirement, because societal interest is thought at times to conflict with unimpinged informality of transfer. For example, legislatures and courts believe that some formality protects the property owner (who at the time his act has legal effect may be dead) from those who seek to influence or subvert the succession process. Moreover, because nearly all members of society partake of the process, the administrative burden on the judicial system is lessened when law provides a clear set of hurdles for a disposition to surmount in order to be valid. Likewise, the more detailed and tailored to these aims the requirements for validity are constructed, the less likely disputes regarding dispositions will arise. Thus, in modern law, the virtue of simplification is balanced with protective concerns, creating a law of wills and trusts on the one hand sufficiently complex both to embarrass practitioners and confound students, but leaving individuals relatively free to craft estate plans consistent with their own desires.

Reliability of Clinician Judgments of Severity of Phonological Impairment

1995 ◽  
Vol 4 (3) ◽  
pp. 39-46 ◽  
Author(s):  
Susan K. Rafaat ◽  
Susan Rvachew ◽  
Rebecca S. C. Russell
Keyword(s):  
Conversational Speech ◽  
Speech Language Pathologists ◽  
Age Appropriate ◽  
Citation Form ◽  
Phonological Abilities ◽  
Preschool Aged Children

Pairs of speech-language pathologists independently rated severity of phonological impairment for 45 preschoolers, aged 30 to 65 months. Children were rated along a continuum from normal to profound. In addition to judging overall severity of impairment, the clinicians provided separate ratings based on citation form and conversational samples. A judgment of intelligibility of conversational speech was also required. Results indicated that interclinician reliability was adequate (80% agreement) for older preschool-aged children (4-1/2 years and above) but that judgments by speechlanguage pathologists were not sufficiently reliable for children under 3-1/2 years of age 40% agreement). Children judged to have age appropriate phonological abilities were not clearly distinguishable from children judged to have a mild delay. Educating speech-language pathologists regarding the normative phonological data that are available with respect to young preschoolers, and ensuring that such data are readily accessible for assessment purposes, is required.

Effects of Fundamental Frequency Contours on Sentence Recognition in Mandarin-Speaking Children With Cochlear Implants

2020 ◽  
Vol 63 (11) ◽  
pp. 3855-3864
Author(s):  
Wanting Huang ◽  
Lena L. N. Wong ◽  
Fei Chen ◽  
Haihong Liu ◽  
Wei Liang
Keyword(s):  
Cochlear Implants ◽  
Fundamental Frequency ◽  
Signal To Noise Ratio ◽  
Lexical Tone ◽  
Signal To Noise ◽  
Sentence Recognition ◽  
Test Conditions ◽  
Age Appropriate ◽  
F0 Contour ◽  
Appropriate Sentences

Purpose Fundamental frequency (F0) is the primary acoustic cue for lexical tone perception in tonal languages but is processed in a limited way in cochlear implant (CI) systems. The aim of this study was to evaluate the importance of F0 contours in sentence recognition in Mandarin-speaking children with CIs and find out whether it is similar to/different from that in age-matched normal-hearing (NH) peers. Method Age-appropriate sentences, with F0 contours manipulated to be either natural or flattened, were randomly presented to preschool children with CIs and their age-matched peers with NH under three test conditions: in quiet, in white noise, and with competing sentences at 0 dB signal-to-noise ratio. Results The neutralization of F0 contours resulted in a significant reduction in sentence recognition. While this was seen only in noise conditions among NH children, it was observed throughout all test conditions among children with CIs. Moreover, the F0 contour-induced accuracy reduction ratios (i.e., the reduction in sentence recognition resulting from the neutralization of F0 contours compared to the normal F0 condition) were significantly greater in children with CIs than in NH children in all test conditions. Conclusions F0 contours play a major role in sentence recognition in both quiet and noise among pediatric implantees, and the contribution of the F0 contour is even more salient than that in age-matched NH children. These results also suggest that there may be differences between children with CIs and NH children in how F0 contours are processed.

After Dismissal: Examining the Language, Literacy, and Cognitive Skills of Children With Remediated Speech Sound Disorders

2015 ◽  
Vol 16 (2) ◽  
pp. 50-59 ◽  
Author(s):  
Kelly Farquharson
Keyword(s):  
Public Schools ◽  
Speech Production ◽  
Cognitive Skills ◽  
Speech Sound ◽  
Typically Developing ◽  
Speech Sound Disorders ◽  
Academic Difficulties ◽  
The Public ◽  
Age Appropriate ◽  
Language Literacy

Speech sound disorders are a complex and often persistent disorder in young children. For many children, therapy results in successful remediation of the errored productions as well as age-appropriate literacy and academic progress. However, for some children, while they may attain age-appropriate speech production skills, they later have academic difficulties. For SLPs in the public schools, these children present as challenging in terms of both continuing treatment as well as in terms of caseload management. What happens after dismissal? Have these children truly acquired adequate speech production skills? Do they have lingering language, literacy, and cognitive deficits? The purpose of this article is to describe the language, literacy, and cognitive features of a small group of children with remediated speech sound disorders compared to their typically developing peers.

Age-Appropriate Restraints Save Lives in Wrecks

2006 ◽  
Vol 40 (7) ◽  
pp. 38
Author(s):  
NANCY NICKELL
Keyword(s):  
Age Appropriate
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