Trends of Adjudication Cases in Malaysia

The construction industry is a fertile source of dispute. Payment disputes in the Malaysian construction industry are ancient issues that have been causing problems among construction players for decades. The settlement of disputes can be done by using the Alternative Dispute Resolution (ADR) in lieu of other alternatives or as a complement to Litigation. This paper is focused on Adjudication as a preferred dispute resolution method for the Malaysian construction industry. The enforcement of the Construction Industry Payment and Adjudication Act (CIPAA 2012) in 2014 is intended to provide swift dispute resolution and relief to unpaid construction industry claimants for work done, and facilitate cash flow in the construction industry as a whole. The purpose of this research is to establish the trends of adjudication cases that were intervened by the court within the period of April 2014 until February 2018, which is since the implementation of CIPAA 2012 in Malaysia. In order to determine a vast majority of matters that have been referred for adjudication under CIPAA 2012 and parties in dispute constitute the highest number of referrals, sixty-two court cases were identified. This research also reviewed previous case laws to identify the factors contributing to court referrals. Based on the review, most of adjudication cases in the Malaysian construction industry involve the Main contractor and Employer as dispute parties with the intention of challenging adjudication decisions as there has been excess of jurisdiction pursuant to Section 15 (d) applied by appellants together with the application enforcement of adjudication decision under Section 28 by respondents. The findings will be used as a platform to establish the dispute scenario of the Malaysian construction industry under the CIPAA 2012.

The Exploration of Risk and Protective Score Differences Across Juvenile Offending Career Types and Their Effects on Recidivism

Despite an abundance of research on serious and violent juvenile offenders, few studies have linked juvenile offending career categories to juvenile court risk assessments and future offending. This study uses juvenile court referrals and assessment data to replicate earlier categorizations of serious, violent, and chronic offenders; to examine risk and protective score differences across these categories; and to assess whether risk and protective score constructs differentially predict adult criminality across these offender categories. Based on a sample of 9,859 juvenile offenders who aged out of Connecticut’s juvenile justice system between 2005 and 2009, we found that (1) our categorization of juvenile career types mirrored earlier work, (2) comparing risk and protective factors across and within juvenile career types identified distinct patterns, and (3) the juvenile risk and protective assessment subscales were not predictive of adult arrests for chronic offenders but were predictive for nonchronic juvenile career types.

Psychiatric features in perpetrators of homicide-unsuccessful-suicide at Weskoppies Hospital in a 5-year period

<p><strong>Background.</strong> In the absence of medical literature reporting on homicide-unsuccessful-suicide (HUS) cases in which the perpetrator is referred for forensic psychiatric observation present an opportunity to explore psychiatric features pertaining to the event.</p><p><strong>Objective.</strong> To identify possible contributing psychiatric features in HUS cases.</p><p><strong>Method.</strong> A retrospective, single-centre, descriptive study was conducted, in which were reviewed clinical records of HUS subjects referred for observation to Weskoppies Hospital from December 2005 to January 2011. Socio-demographic and psychiatric information was obtained.</p><p><strong> Results.</strong> Nine cases were reviewed. The median age of the subjects was 29 years and 7 subjects were male. Five cases involved family members. Cases involving couples demonstrated male subjects and cases involving filicide demonstrated female subjects. Only 1 case involved the use of a firearm. At the time of the incident, 4 of the cases had no psychiatric diagnosis but notable interpersonal difficulties. Psychotic disorders were diagnosed in 3 subjects, a depressive disorder in 1 subject and a depressive and anxiety disorder in 1 subject.</p><p><strong>Conclusion.</strong> Subjects commonly used less lethal methods than shooting. The high rate of psychiatric disorders diagnosed is in keeping with court referrals occurring when a mental illness is suspected. Some cases may require specialised probing before psychosis becomes apparent. Identification of psychosocial stressors and failure of coping mechanisms during periods of strife within an intimate relationship may be a focus of future research in homicide-suicide cases. Separation should possibly be investigated as an independent factor which promotes the interpersonal difficulty associated with homicide-suicide.</p>

La justice des mineurs au Québec : 25 ans de transformations (1960-1985)

This paper provides an overview of some of the changes undergone by the juvenile justice system in Quebec since 1960, with a particular attention to the evolution of its legal framework. Major legislative changes have stressed children's rights and diversion. The underlying philosophy of the law has been changed extensively, particularly concerning young offenders. Statistics reveal that the number of court referrals has increased considerably over time, and that diversion policies have been unable to change this trend. Juvenile court dispositions seem to show a greater degree of intervention than before.

Race, Legal Representation, and Juvenile Justice: Issues and Concerns

The objective of this study was to examine the influence of type of counsel across race on juvenile court outcomes. Using data from a sample of juvenile court referrals from two midwestern juvenile courts, this study examined the interaction of race and type of counsel on disposition outcome. The results indicated that youth without an attorney were the most likely to have the charges dismissed, and this effect was more pronounced for non-White youth. In addition, non-White youth represented by a private attorney were significantly more likely than similar White youth to receive a secure confinement disposition.

Trends in Juvenile Detention and Steps Toward Reform

This article sketches the multidimensional nature of juvenile detention in the United States—its problems and solutions. Data presented include detention one-day population and admission rates, juvenile arrests, court referrals, and lengths of stay. These data show that overcrowding in juvenile detention is at crisis levels and can have dangerous effects on incarcerated youth. Several strategies are suggested for reducing the inappropriate detention of youth, strategies that are complex and sometimes produce unintended consequences.