scholarly journals Acquired brain injury and serious criminal offenders: An argument to expand the court's therapeutic jurisdiction

2021 ◽  
Author(s):  
◽  
Louisa Jackson
Keyword(s):  
Brain Injury ◽  
Sexual Offenders ◽  
Sexual Offences ◽  
Brain Injured ◽  
The Status ◽  
Legislative Framework ◽  
Mentally Impaired ◽  
Disproportionate Number ◽  
Receive Treatment ◽  
Specialist Rehabilitation

<p>Brain injury is a debilitating mental impairment. It can cause aggression, impulsivity, and other socially challenging behaviours, including criminal offending. This is largely a consequence of damage to the frontal lobes, the part of the brain that facilitates selfregulation and emotional control. Remedying this requires specialist rehabilitation, preferably in dedicated facilities. However, rather than being in such facilities, a disproportionate number of brain injured New Zealanders are in prison, often for violent or sexual offences. By contrast, other mentally impaired offenders, such as the intellectually disabled and mentally ill, are not kept in prison but instead transferred to the health jurisdiction to receive treatment or care. This raises a question as to why brain injured offenders do not receive the same therapeutic response by our criminal justice system. This paper explores that question by examining the current legislative framework for diverting mentally impaired offenders into healthcare through therapeutic dispositions on sentencing. It demonstrates the inadequacy of this framework for violent or sexual offenders with brain injury by showing how the gateway definitions of “intellectual disability” and “mental disorder” exclude that condition. It then explores the appropriateness of imprisoning serious offenders with brain injury by examining whether their detention breaches the state’s statutory obligations, and argues that the status quo violates both the Corrections Act 2004 and the New Zealand Bill of Rights Act 1990. Finally, in recognition of the current exclusion of brain injured offenders from therapeutic dispositions, and the potential illegality of their detention in prison, this paper argues for an expansion of the court’s therapeutic jurisdiction and examines mechanisms to achieve this.</p>

scholarly journals Acquired brain injury and serious criminal offenders: An argument to expand the court's therapeutic jurisdiction

2021 ◽  
Author(s):  
◽  
Louisa Jackson
Keyword(s):  
Brain Injury ◽  
Sexual Offenders ◽  
Sexual Offences ◽  
Brain Injured ◽  
The Status ◽  
Legislative Framework ◽  
Mentally Impaired ◽  
Disproportionate Number ◽  
Receive Treatment ◽  
Specialist Rehabilitation

<p>Brain injury is a debilitating mental impairment. It can cause aggression, impulsivity, and other socially challenging behaviours, including criminal offending. This is largely a consequence of damage to the frontal lobes, the part of the brain that facilitates selfregulation and emotional control. Remedying this requires specialist rehabilitation, preferably in dedicated facilities. However, rather than being in such facilities, a disproportionate number of brain injured New Zealanders are in prison, often for violent or sexual offences. By contrast, other mentally impaired offenders, such as the intellectually disabled and mentally ill, are not kept in prison but instead transferred to the health jurisdiction to receive treatment or care. This raises a question as to why brain injured offenders do not receive the same therapeutic response by our criminal justice system. This paper explores that question by examining the current legislative framework for diverting mentally impaired offenders into healthcare through therapeutic dispositions on sentencing. It demonstrates the inadequacy of this framework for violent or sexual offenders with brain injury by showing how the gateway definitions of “intellectual disability” and “mental disorder” exclude that condition. It then explores the appropriateness of imprisoning serious offenders with brain injury by examining whether their detention breaches the state’s statutory obligations, and argues that the status quo violates both the Corrections Act 2004 and the New Zealand Bill of Rights Act 1990. Finally, in recognition of the current exclusion of brain injured offenders from therapeutic dispositions, and the potential illegality of their detention in prison, this paper argues for an expansion of the court’s therapeutic jurisdiction and examines mechanisms to achieve this.</p>

scholarly journals The number, status and organizational aspects of Serbs in Zagreb

Stanovnistvo ◽  
2013 ◽  
Vol 51 (1) ◽  
pp. 43-68
Author(s):  
Drago Zuparic-Iljic
Keyword(s):  
Descriptive Analysis ◽  
Functional Integration ◽  
Ethnic Composition ◽  
National Minority ◽  
Socialist Republic ◽  
Continuous Increase ◽  
National Minorities ◽  
Majority Population ◽  
The Status ◽  
Legislative Framework

This paper provides an overview of the basic characteristics regarding number, as well as normative and functional status, i.e. legal and institutional status of Serbs in Zagreb. Furthermore, the paper describes some distinctions among organizational levels of Serbian minority in Zagreb, concerning the most important aspects of socio-cultural, educational and religious integration. Serbian minority members? number in Croatia and Zagreb is analyzed using an official demographic statistics, focusing primarily on major socio-demographic indicators, on population density and ethnic composition data for the population of Zagreb municipality for the period of 1981-2011. Legal position of the Serbian minority in Zagreb is described using analysis of official documents, including legislative framework provisions, which are related to issues of national minorities? status and rights. Institutional and organizational status is elucidated by using descriptive analysis of cultural, educational, media and religious aspects of minority?s life. The number of Serbs in Croatia decreased drastically in last twenty years, affecting their number being reduced to approximately one-third of the prewar number. In the period 1981 to 2011 there was a continuous increase of number and proportion of Croatian majority population, and continuous reduction of national minorities in Zagreb. The biggest percentile decreasing in the municipality of Zagreb (during period 1991-2001) have undergone members of the Serbian (57.7%), Slovenian (48.9%), and Montenegrin (43.7%) minority. In the case of Serbs, this is primarily and predominantly a consequence of forced emigration (displacement) induced by the war in the 1990s. Moreover, negative demographic trends together with a possibility of ?false? national declaration in census, as well as the relentless process of assimilation are counted as specific factors in reducing the number of national minorities? members. Status of Serbs as the former "constituent people/ethnicity" in Socialist Republic of Croatia was modified in the status of "national minority" in (Democratic) Republic of Croatia, due to constitutional changes in 1990. Today, in accordance with the provisions of the Constitutional Law on National Minorities in 2002 national minorities in Croatia enjoy the rights in the area of cultural (linguistic, educational and religious) autonomy. Implementation of these rights still faces many problems in everyday praxis, which is reflected in organizational aspects and levels of Serbs in Zagreb. Cultural, artistic, and educational associations and initiatives among Serbian minority organize activities that contribute to promotion, preservation and expressing specific national minority?s identity. Although satisfactory level of normative (legal) integration does not guarantee functional integration of minorities into wider socio-economic, cultural and political matrix, that normative integration, along with political will and favorable social climate, sets an essential precondition for the willingness to implement laws and regulations in order to improve Serbian minority status.

scholarly journals In Business with God: The Role of Religion in the Private Sector of Apia, Samoa

2021 ◽  
Author(s):  
◽  
Gabriel Bush
Keyword(s):  
Private Sector ◽  
Business Owners ◽  
Staff Members ◽  
Financial Gain ◽  
Doing Business ◽  
The Status ◽  
Negative Impacts ◽  
Disproportionate Number ◽  
Positive Outlook ◽  
Role Of Religion

<p>Religion, in particular Christianity, has a large impact on Business in Samoa. Through surveys and interviews, this research was able to ascertain areas in which Christianity and business intersect to determine its daily function and the broader implications of doing business in a highly Christian nation. Christianity has taken on its own form of ‘Samoan Christianity’ through the merging of religion and fa’aSamoa which allows business owners facilitate the practice of religion, primarily for their staff members, while not being deeply religious themselves. This ‘Samoan Christianity’ is influenced by the disproportionate number of Catholics represented in the private sector who face fewer practical and financial demands than other denominations along with the assistance of historical privileges gained the status of the Catholic Marist Brothers. Businesses in Apia are heavily impacted by staff loans, theft and cultural demands, but owners maintain a positive outlook on the spiritual benefits that religion brings to their lives. Business owners are heavily critical of organised religion in Samoa, particularly the church and priests, believing fewer financial demands on staff members would ease the negative impacts of religion on business. However, interested in preserving the culture and religion of their unique homeland, business owners have opted to observe religiously motivated practises such as closing on Sundays as they believe this to be more important than financial gain.</p>

scholarly journals Effectiveness of Standard Oral Care Plan During Hospital Stay in Individuals With Brain Injury

2021 ◽  
Vol 12 ◽  
Author(s):  
Simple F. Kothari ◽  
Gustavo G. Nascimento ◽  
Mille B. Jakobsen ◽  
Jørgen F. Nielsen ◽  
Mohit Kothari
Keyword(s):  
Brain Injury ◽  
Oral Health ◽  
Dental Plaque ◽  
Oral Care ◽  
Care Program ◽  
Care Plan ◽  
Multilevel Regression ◽  
Early Introduction ◽  
Brain Injured ◽  
Over Time

Objective: To investigate the effectiveness of an existing standard oral care program (SOCP) and factors associated with it during hospitalization in individuals with acquired brain injury (ABI).Material and Methods: A total of 61 individuals underwent a SOCP for 4 weeks in a longitudinal observational study. Rapidly noticeable changes in oral health were evaluated by performing plaque, calculus, bleeding on probing (BOP) and bedside oral examination (BOE) at weeks 1 and 5. Individuals' brushing habits, eating difficulties, and the onset of pneumonia were retrieved from their medical records. Association between oral-health outcomes to systemic variables were investigated through multilevel regression models.Results: Dental plaque (P = 0.01) and total BOE score (P &lt; 0.05) decreased over time but not the proportion of dental calculus (P = 0.30), BOP (P = 0.06), and tooth brushing frequency (P = 0.06). Reduction in plaque and BOE over time were negatively associated with higher periodontitis scores at baseline (coef. −6.8; −1.0), respectively, which in turn were associated with an increased proportion of BOP (coef. ≈ 15.0). An increased proportion of calculus was associated with eating difficulties (coef. 2.3) and the onset of pneumonia (coef. 6.2).Conclusions: Nursing care has been fundamental in improving oral health, especially reducing dental plaque and BOE scores. However, our findings indicate a need for improving the existing SOCP through academic-clinical partnerships.Clinical Relevance: Early introduction of oral care program to brain-injured individuals is beneficial in reducing plaque accumulation and improving oral health.

scholarly journals The Expanding Role of Quantitative Pupillometry in the Evaluation and Management of Traumatic Brain Injury

2021 ◽  
Vol 12 ◽  
Author(s):  
Jason H. Boulter ◽  
Margaret M. Shields ◽  
Melissa R. Meister ◽  
Gregory Murtha ◽  
Brian P. Curry ◽  
...  
Keyword(s):  
Traumatic Brain Injury ◽  
Brain Injury ◽  
Brain Injuries ◽  
Ease Of Use ◽  
Brain Injured ◽  
The World ◽  
Injured Patients ◽  
Austere Environments ◽  
Active Investigation

Traumatic brain injury is a rapidly increasing source of morbidity and mortality across the world. As such, the evaluation and management of traumatic brain injuries ranging from mild to severe are under active investigation. Over the last two decades, quantitative pupillometry has been increasingly found to be useful in both the immediate evaluation and ongoing management of traumatic brain injured patients. Given these findings and the portability and ease of use of modern pupillometers, further adoption and deployment of quantitative pupillometers into the preclinical and hospital settings of both resource rich and medically austere environments.

scholarly journals Characteristics and associated factors of self-disclosed sexual aggression in a national representative sample of Belgian adults aged 16-69

2021 ◽  
Author(s):  
Evelyn Schapansky ◽  
Ines Keygnaert ◽  
Christophe Vandeviver
Keyword(s):  
Sexual Offenders ◽  
Representative Sample ◽  
Sexual Aggression ◽  
Self Report ◽  
Sexual Offences ◽  
Sexually Aggressive ◽  
Hands On ◽  
History Of ◽  
The Given ◽  
National Representative Sample

Sexual violence is a major public health, societal, and judicial problem worldwide. Studies investigating the characteristics of its offenders often rely on samples of convicted offenders, which are then biased by low reporting and conviction rates of sexual offences. The reliability of self-report studies of undetected sexual offenders, however, is threatened by underreporting of sexually aggressive acts. Despite these limitations, we argue that it is important to publish available data on self-disclosed sexual aggression to learn more about those who are more likely to report own sexual aggression and to further improve self-report methods. Based on a self-report study conducted in a representative sample (n = 4,693) of the Belgian general population aged 16 to 69, we provide lifetime and past-year prevalence rates of sexual aggression and report the characteristics of the events, including type, target, and the applied coercion strategies. A logistic regression analysis revealed factors associated with self-disclosed sexual aggression. Almost 4% of all participants reported at least one incident of hands-on sexual aggression. Men were more likely than women to report sexual aggression (aOR: 5.33 (95% CI:3.62-7.86). Furthermore, a history of sexual victimization was associated with sexual aggression. In most cases, the target was an (ex)partner or friend. About 4 in 5 perpetrators indicated that none of the given coercion strategies (i.e., force, threat, verbal pressure, or exploiting the victim’s incapacitation or the own position of authority) applied to the incident. Further research is needed to clarify under which circumstances sexual aggression occurs and which factors increase reporting thereof.

THE ROLE OF THE PROSECUTOR'S OFFICE OF UKRAINE IN THE CONTEXT OF ENSURING GUARANTEES OF THE INDEPENDENCE OF JUDGES AND THE AUTHORITY OF THE JUDICIARY

2021 ◽  
Author(s):  
Vasyl Khmyz ◽  
◽  
Ruslan Skrynkovskyy ◽  
Tetiana Protsiuk ◽  
Mariana Khmyz ◽  
...  
Keyword(s):  
Law Enforcement ◽  
Criminal Code ◽  
Access To Justice ◽  
Law Enforcement Agencies ◽  
Professional Activities ◽  
Administration Of Justice ◽  
The Status ◽  
Legislative Framework ◽  
The Law

The article reveals the role of the prosecutor's office of Ukraine in the process and in order to ensure guarantees of the independence of judges and the authority of the judiciary. A study of the legislative framework of Ukraine proves that the role of the prosecutor's office in the process of ensuring guarantees of the independence of judges and the authority of justice is regulated by the provisions of the Constitution of Ukraine, the Law of Ukraine «On the Prosecutor's Office», the Law of Ukraine «On the Judicial System and the Status of Judges», the Code of Professional Ethics and Conduct of Prosecutors, the Criminal Procedure Code Of Ukraine, the Criminal Code of Ukraine, as well as other regulatory documents. It was found that the judge, performing professional activities in the direction of the administration of justice, is independent of the various influences, pressure or interference, which are illegal. The legislation of Ukraine determines that the principle of the independence of the judge indicates that the judge is not obliged to provide explanations regarding the nature and content of the cases being pending, with the exception of cases established by law. State authorities, local self- government bodies, officials and officials of these bodies, individuals and legal entities and associations of such persons should respect the independence of judges and in no case should encroach on it. It was determined that one of the principles on the basis of which the professional activities of the prosecution authorities are based is the principle of respect for the independence of judges. It has been proved that the High Council of Justice always adheres to the position of unconditionally ensuring the independence of judges and establishing this direction as a priority type of activity for law enforcement agencies, in particular, for the prosecutor's office. Fast and quality investigation of crimes related to the professional activities of judges will, first of all, contribute to the observance of constitutional law regarding the principle of access to justice.. It is noted that the prospects for further research in this direction are the study of the legal basis for the observance of the principle of the rule of law and legality by the judiciary in the context of performing professional activities.

Selected legal aspects of sexual abuse prevention

2021 ◽  
Vol 143 (3) ◽  
pp. 219-233
Author(s):  
Katarzyna Badźmirowska-Masłowska ◽  
Jacek Rosa
Keyword(s):  
Sexual Abuse ◽  
Legal Aspects ◽  
Abuse Prevention ◽  
Sexual Abuse Prevention ◽  
Sexual Offences ◽  
Public Authorities ◽  
Legal Perspective ◽  
The Status ◽  
The Subject ◽  
And Control

The article on selected aspects of sexual abuse prevention presents the subject matter from the legal perspective and discusses the issues concerning prevention and control of sexual offences in Poland. The article refers to the status of the child in criminal law and applicable provisions under the Directive 2011/92/EU and the Lanzarote Convention concerning prevention, assistance and support for juveniles. In this context, presented have been the obligations of the state (public authorities), including the police, to prevent this type of crime as well as the diffi culties associated with the implementation of relevant tasks. The conclusions indicate the problems that require practical solutions.

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