Judicial Role

司法角色
  • 文章类型: Journal Article
    亲密伴侣暴力(IPV)是一个全球性的公共卫生问题,对数百万妇女的身心健康造成严重影响。司法系统主要通过刑事司法系统在应对IPV方面发挥着关键作用,家庭法,和/或儿童福利司法管辖区。然而,与法律系统互动的受害者/幸存者报告负面经历。奖学金研究不足的领域是司法行为者了解IPV对受害者/幸存者的心理健康影响以及他们如何在实践中应用这些知识的程度。这项范围审查旨在确定和综合现有的学者对司法行为者对IPV对女性幸存者的心理健康影响的理解。我们搜索了10个数据库(Medline,Scopus,PubMed,PsycINFO,EMBASE,Westlaw,HeinOnline,Cochrane图书馆,和JoannaBriggs图书馆数据库),用于2000年至2023年之间发表的研究。共有27项研究纳入审查。我们确定了五个主要主题,包括:对幸存者经历的认识,司法行为者知识的差距,了解犯罪者的战术和危险因素,披露心理健康问题,培训,和指导。审查强调了司法行为者对这一问题的理解方面的重大差距,并建议了提高司法行为者对IPV的认识和理解的战略。调查结果可用于证明未来的研究,以更好地了解司法行为者的培训和发展需求,以提高他们对IPV的动态和影响的认识,并提出政策和实践建议,以建设司法工作人员的能力。
    Intimate partner violence (IPV) is a global public health issue that has grave physical and mental health consequences for millions of women. The judicial system plays a critical role in responding to IPV principally through the criminal justice system, family law, and/or child welfare jurisdictions. However, victims/survivors who interact with the legal system report negative experiences. An under-researched area of scholarship is the degree to which judicial actors understand the mental health impacts of IPV on victims/survivors and how they apply that knowledge in practice. This scoping review aimed to identify and synthesize existing scholarship on judicial actors\' understanding of the mental health impacts of IPV on women survivors. We searched 10 databases (Medline, Scopus, PubMed, PsycINFO, EMBASE, Westlaw, HeinOnline, the Cochrane Library, and the Joanna Briggs Library databases) for studies published between 2000 and 2023. A total of 27 studies were included in the review. We identified five main themes, including: awareness of survivors\' experiences, gap in judicial actors\' knowledge, understanding of perpetrator tactics and risk factors, disclosing mental health problems, training, and guidance. The review highlights significant gaps in judicial actors\' understanding of this issue and recommends strategies to increase the awareness and understanding of IPV among judicial actors. The findings can be used to justify future research to better understand the training and development needs of judicial actors to improve their level of awareness of the dynamics and impact of IPV and to make policy and practice recommendations to build the capacity of the judicial workforce.
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  • 文章类型: Journal Article
    我们调查了目击者信心对以下因变量的影响:(a)有罪或无罪判决;(b)以量表衡量的有罪判决;(c)模拟陪审员对目击者身份识别准确性的看法。此外,我们研究了两个可能影响目击者信心的调节因素:(a)目击者是否在审判中表达了信心,以及(b)目击者是否提供了数字和口头的信心陈述.
    我们希望所有的分析都能显示,高度自信的目击证人对模拟陪审员的说服力比对信心较低的目击证人的说服力更强(假设1)。我们希望证人在审判中的信心(相对于识别时)对模拟陪审员更具说服力(假设2)。我们期望信心的数字表达对模拟陪审员比口头信心表达更有说服力(假设3)。
    我们对20篇已发表论文和7篇论文的35项研究进行了荟萃分析,以量化目击者信心对陪审员判断的影响,并调查了两个主要调节变量的影响,置信时间和置信表达格式。
    所有分析都揭示了目击者信心对模拟陪审员决定的影响(gs=0.21-.36)。我们的主持人分析表明,置信度陈述的时间(识别与审判)不影响目击者信心对模拟陪审员有罪或准确性判断的影响。目击者信心的影响并没有受到口头和数字信心表达的影响。
    虽然目击者的信心对嘲笑陪审员有说服力,这种效应的大小是适度的。此外,信心的口头表达和数字表达具有相似的说服力,模拟陪审员似乎对初次指认与审判时目击者信心的证据强度可能存在的差异并不敏感。(PsycInfo数据库记录(c)2022年APA,保留所有权利)。
    OBJECTIVE: We investigated the impact of eyewitness confidence on the following dependent variables: (a) guilty or not-guilty verdict; (b) judgments of guilt as measured on a scale; and (c) mock jurors\' perception of the accuracy of an eyewitness\'s identification. In addition, we examined two potential moderators of the effects of eyewitness confidence: (a) whether the eyewitness expressed confidence at trial versus during the initial lineup identification and (b) whether the eyewitness provided a numerical versus a verbal statement of confidence.
    OBJECTIVE: We expected all analyses to reveal that highly confident eyewitnesses are more persuasive to mock jurors than are eyewitnesses with lower confidence (Hypothesis 1). We expected eyewitness confidence at trial (relative to at identification) to be more persuasive to mock jurors (Hypothesis 2). We expected numerical expressions of confidence to be more persuasive to mock jurors than verbal confidence expressions (Hypothesis 3).
    METHODS: We conducted a meta-analysis of 35 studies from 20 published papers and seven theses or dissertations to quantify the effect of eyewitness confidence on juror judgments and investigated the influence of two primary moderator variables, time of confidence and format of confidence expression.
    RESULTS: All analyses revealed an effect of eyewitness confidence on mock juror decisions (gs = .21-.36). Our moderator analysis showed that the timing of the confidence statement (identification vs. trial) did not affect the influence of eyewitness confidence on mock jurors\' judgments of guilt or accuracy. The influence of eyewitness confidence was not moderated by verbal versus numerical expressions of confidence.
    CONCLUSIONS: Although eyewitness confidence is persuasive to mock jurors, the size of this effect is modest. Moreover, verbal and numerical expressions of confidence have similar persuasive effects, and mock jurors do not appear to be sensitive to the likely difference in evidentiary strength of eyewitness confidence expressed at the initial identification versus at trial. (PsycInfo Database Record (c) 2022 APA, all rights reserved).
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  • 文章类型: Journal Article
    The Queensland Mental Health Review Tribunal makes difficult decisions regarding involuntary treatment of people with mental illness, applying strict legislative criteria against a backdrop of fundamental human rights considerations. This article reports on focus group research with lawyers and advocates for people with mental illness who appear before the Queensland Mental Health Review Tribunal. Participants expressed concerns regarding the manner in which decisions are made. For example, participants said that their clients\' views on the side effects of treatment do not receive adequate consideration when involuntary treatment is authorised. We review these concerns in the light of applicable legal obligations, including those arising from human rights law. We conclude that if these concerns are accurate, some adjustments to the Queensland Mental Health Review Tribunal\'s decision-making processes are required.
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  • 文章类型: Historical Article
    OBJECTIVE: To analyze publications regarding judicial demands related to the violation of the rights of the client who uses private health insurance in Brazil.
    METHODS: Integrative review, from September to October 2017, of national character, with complete texts online, in Portuguese and English, published between 2012 and 2017 in the Virtual Health Library portal, excluding studies that were duplicated or with indiscriminate methodology.
    RESULTS: The judicial demands were for: medication (32%); ward hospitalization (11%); surgical procedures (9%); orthosis, prothesis and special materials (9%); others (9%); and diagnostic procedures, outpatient service, hospitalization in Intensive Care Units, food formulas and disposable diapers (30%).
    CONCLUSIONS: The prevalence of legal disputes arising from the failure in providing health service by private health insurances was observed, which makes it easier for the administrators to identify the sought health products and services in order to reorganize the administrative sphere and provide quality care.
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  • 文章类型: Journal Article
    OBJECTIVE: To synthesize knowledge in studies about nurses who had been disciplined by their professional regulatory bodies.
    BACKGROUND: Unprofessional conduct that violates patient safety, nursing standards or legislation can result in disciplinary action that affects nurse\'s professional rights to practice. However, research on disciplinary procedures in nursing is fragmented.
    METHODS: An integrative review was carried out with systematic searches between January 2006 and November 2018, using the CINAHL, PubMed, Scopus and Web of Science databases and manual searches. The quality of the 17 included studies was evaluated with the Mixed Method Appraisal Tool.
    RESULTS: The evidence in the included studies focused on various databases. Disciplined nurses were described in relation to their characteristics and disciplined because of numerous patients, practice and behaviour related violations. Similar disciplinary actions against nurses were reported.
    CONCLUSIONS: This review provides knowledge on contributory risk factors that can be used to develop professional standards and early interventions in nursing management. More systematic research is needed, together with clear definitions of disciplinary procedures.
    CONCLUSIONS: This knowledge could strengthen the abilities of nurse managers to recognize and prevent events that seldom occur but seriously threaten the safety of patients and nurses when they do.
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  • 文章类型: Historical Article
    OBJECTIVE: To analyze the national and international scientific evidence available in the literature on types of judicialization of health lawsuits.
    METHODS: Integrative review, which selected primary studies in the PubMed, LILACS, Web of Science and Scopus databases, with the.
    UNASSIGNED: judicial decisions, health\'s judicialization, Saúde (in Portuguese), Health, and the keyword: Judicial Action.
    RESULTS: 30 studies were selected. In Brazil, the majority were legal claims for medicines and the other for medical errors, requests for vaccines, supplies for diabetics, food compounds, surgical procedure, examinations, among others. In international studies, lawsuits were found for medication, benefit coverage and hospitalization for psychiatric treatment.
    CONCLUSIONS: It is evident that the most demanded type of lawsuit was access to the medication at an international level. It is still more noticeable the little discussion on this subject, demonstrating that judicialization of medicines can indicate a reality of Brazil.
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  • 文章类型: Journal Article
    暂无摘要。
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  • 文章类型: Journal Article
    A widespread sense of a failing criminal justice system and increased feelings of insecurity changed the response to crime into a culture of control, which is characterized by policies that punish and exclude. In the Netherlands, these influences can be witnessed in the war on drugs where local authorities use their administrative power to close homes involved in drug-related crime. Citizens can invoke judicial review over these administrative interferences by claiming that such closure results in an unfair balance between purposes, means and consequences. This paper assesses whether judicial review functions as a safety net against losing one\'s home due to drug-related crime.
    We used doctrinal legal research methods to examine the \"law in the books\" and empirical legal research methods to analyse the \"law in action\". We used a survey to investigate how often the drug-related closure power was used in 2015, and we statistically analysed all published case law of Dutch lower courts between 2007 and 2016.
    The scope of the closure power broadened over the years and our data show that local authorities fiercely make use of this instrument. In 41.4% of the cases, citizens are successful in fighting the closure. While scholarly literature indicates that judicial courts function as safeguards by questioning the proportionality of administrative action, raising a proportionality defence does not necessarily result in a more favourable outcome for citizens. In fact, raising a proportionality defence makes it more likely to result in dismissal of the appeal.
    The stretched scope of the drug-related closure power together with the relatively low success rate of citizens who fight the loss of their home and a seemingly meaningless proportionality check show no sign of a safety net against the loss of one\'s home at the suit of a local authority.
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  • 文章类型: Journal Article
    Technology and scientific advancements are accelerating changes in society at a pace that is challenging the abilities of government regulatory agencies and legal courts to understand the benefits and costs of these changes to humans, wildlife, and their environments. The social, economic, and political facets of concern, such as the potential effects of chemicals, complicate the preparation of regulatory standards and practices intended to safeguard the public. Court judges and attorneys and, in some cases, lay juries are tasked with interpreting the data and implications underlying these new advancements, often without the technical background necessary to understand complex subjects and subsequently make informed decisions. Here, we describe the scientific-quasi-judicial process adopted in Canada under the Canadian Environmental Protection Act, 1999, which could serve as a model for resolving conflicts between regulatory agencies and the regulated community. An example and process and lessons learned from the first Board of Review, which was for decamethylcyclopentasiloxane (D5; CAS# 541-02-06), are provided. Notable among these lessons are: 1) the need to apply state-of-the-science insights into the regulatory process, 2) to encourage agencies to continuously review and update their assessment processes, criteria, and models, and 3) provide these processes in guidance documents that are transparent and available to all stakeholders and generally foster closer cooperation between regulators, the academic community, industry, and nongovernment organizations (NGOs). Integr Environ Assess Manag 2016;12:572-579. © 2015 SETAC.
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  • 文章类型: Journal Article
    OBJECTIVE: The purpose of this study is to provide an overview of the (strength of the) association between mental health aspects in juvenile offenders and the decision-making process of the juvenile judge. In particular, the presence of a mental disorder in the juvenile offender, the presence of a mental health report, and the mental health orientation of the juvenile judge were studied.
    METHODS: A literature review was performed in order to identify relevant studies on the basis of three selection criteria: (i) the decision-making process of the juvenile judge concerning juvenile offenders, (ii) the use of quantitative methodology and (iii) the focus on the three mental health aspects.
    RESULTS: Eight studies were found to meet the criteria (n=4318). The association between a mental disorder in the juvenile offender, a mental health report, and the decision of the juvenile judge was rather strong. There was no evidence of an association between mental health orientation of the juvenile judge and his/her decision.
    CONCLUSIONS: Mental health aspects seem to be associated with the decision-making process of the juvenile judge. Future research should further examine the association between these aspects and the decision of the juvenile judge, particularly in the subgroup of juvenile offenders with mental disorders.
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