Court Proceedings (court + proceeding)

Distribution by Scientific Domains


Selected Abstracts


THE AMERICAN BAR ASSOCIATION ADDRESSES THE NATIONAL PROBLEM OF YOUTH AT RISK

FAMILY COURT REVIEW, Issue 3 2007
Karen J. Mathis
During the 2006,2007 American Bar Association (ABA) year, a special ABA Presidential Youth at Risk Initiative has addressed several important topics: addressing the needs of juvenile status offenders and their families; foster children aging out of the foster care system; increases in girls, especially girls of color, in the juvenile justice system; the need to better hear the voices of youth in court proceedings affecting them; and improving how laws can better address youth crossing over between juvenile justice and child welfare systems. Lawyers are encouraged to use their skills to improve the systems addressing at-risk youth and their families and to help facilitate coordination of youth-related community efforts. Learning how to effectively communicate with youth is an important skill attorneys must learn. Through the Youth at Risk Initiative, the ABA has held continuing legal education programs, hosted community roundtables among youth-serving stakeholders, and developed projects on: juvenile status offenders; lawyer assistance to youth transitioning from foster care; educating young girls on violence prevention, conflict resolution, and careers in law and justice; and provision of useful information to youth awaiting juvenile court hearings. New ABA policy has addressed services and programs to at-risk youth, assuring licensing, regulation, and monitoring of residential facilities serving at-risk youth, enhanced support for sexual minority foster and homeless youth, juvenile status offenders, and improving laws and policies related to youth exiting the foster care system. [source]


A CRITICAL EXAMINATION OF THE SUITABILITY AND LIMITATIONS OF PSYCHOLOGICAL TESTS IN FAMILY COURT

FAMILY COURT REVIEW, Issue 2 2007
Steven K. Erickson
Psychologists are frequently consulted by the courts to provide forensic evaluations in a variety of family court proceedings. As part of their evaluations, psychologists often use psychological tests to assess parents, guardians, and children. These tests can have profound effects on how psychologists arrive at their opinions and are often cited in their reports to the court. However, psychological tests vary substantially in their suitability for these purposes. Most projective tests in particular appear to possess little scientific merit for evaluations within family court proceedings. Despite these serious limitations, expert testimony derived from evaluations using both projective and objective tests is often admitted uncontested. This article reviews the psychometric properties of psychological tests that are widely used in family court proceedings, cautions against their unfettered use, and calls upon attorneys to inform themselves of the limitations of evaluations that incorporate these tests. [source]


When superior courts reach different conclusions in the same child sexual abuse cases,is there a lesson to be learned?

JOURNAL OF INVESTIGATIVE PSYCHOLOGY AND OFFENDER PROFILING, Issue 3 2008
Frank Lindblad
Abstract The objective of this study was to analyse Swedish child sexual abuse cases from 1989 to 2004 characterised by the following: (1) conviction in first trial in a court of appeal; (2) the Supreme Court later accepted a petition for a new trial; and (3) acquittal in second trial in the same court of appeal (with new judges). The study was conducted to determine what criteria were used for evaluating psychological child-related information and how they were applied. Eight argument themes were identified in the reasoning of the courts: (1) ability to perceive, remember, and communicate about experiences in a reliable way; (2) influence before first forensic interview; (3) influence during forensic interview/s; (4) motives for disclosing/retracting; (5) statement characteristics; (6) disclosure process; (7) behaviour and/or emotions related to investigations/interviews; and (8) psychological symptoms. The arguing of the courts was classified as belonging to one of three categories for each argument theme: (1) supporting/challenging the allegations; (2) opposing a conceivably supportive/challenging argument; and (3) indifferent. In six of the nine cases, arguments belonging to the same theme were presented in both court proceedings. Diametrically opposite conclusions were reached in 15 of 20 of these examples and same conclusion in one case. The evaluation method/s seemingly underlying the child psychological arguments of the courts may have a low reliability. Copyright © 2009 John Wiley & Sons, Ltd. [source]


Comorbidity of Alcohol Dependence With Attention-Deficit Hyperactivity Disorder: Differences in Phenotype With Increased Severity of the Substance Disorder, but Not in Genotype (Serotonin Transporter and 5-Hydroxytryptamine-2c Receptor)

ALCOHOLISM, Issue 10 2003
Monika Johann
Background: Nearly 50% of subjects with continuing symptoms of attention-deficit hyperactivity disorder (ADHD) in adulthood have been reported to show a comorbid substance use disorder. Both ADHD and alcohol dependence have a high genetic load and might even share overlapping sources of genetic liability. Recently, the functional relevant polymorphism within the promoter region of the serotonin transporter gene (5-HTT) and the 5-hydroxytryptamine-2c (5-HT2c) receptor Cys23Ser have been proposed as candidate genes for both entities. Methods: We investigated phenotype and 5-HTT/5-HT2c genotype characteristics in 314 alcoholics of German descent. Results: There was no significant difference in 5-HTT genotype or 5-HT2c allele distribution between alcoholics and matched controls. Sixty-seven alcoholics fulfilled DSM-IV criteria of ADHD with ongoing symptoms in adulthood and had a Wender Utah Rating Scale score greater than 90. Thirty had ADHD plus antisocial personality disorder. The subgroup of alcoholics with ADHD (ADHD+) showed a significantly higher daily and record ethanol intake per month, an earlier age at onset of alcohol dependence, and a higher frequency of suicidal ideation, court proceedings, and antisocial personality disorder. In our sample, more than 50% of type 2 alcoholics according to Cloninger consist of the ADHD+ and/or antisocial personality disorder-positive subjects. There were no differences in 5-HTT genotype or 5-HT2c allele distribution between the ADHD+ subgroups and alcoholics without comorbidity and matched controls, respectively. Conclusions: Comorbidity of alcoholism and ADHD forms a distinct phenotype that shows an increased severity of the substance disorder. This phenotype contributes substantially to the so-called type 2 alcoholics according to Cloninger. In our sample, the functional relevant 5-HTT promoter and the 5-HT2c receptor Cys23Ser polymorphism do not contribute to the supposed common genetic predisposition of ADHD and alcohol dependence. [source]


Making an Impact on Juvenile Delinquents: An Approach to Victim Impact Statements that Everyone Can Embrace

JUVENILE AND FAMILY COURT JOURNAL, Issue 4 2004
KERRIN C. WOLF
ABSTRACT The use of victim impact statements occurs in the majority of states' juvenile court proceedings. Many victims' rights advocates celebrate the use of these statements as a valuable means of victim empowerment, as victim impact statements allow victims to convey the personal effects that delinquent acts had on their lives directly to the courts. Yet at the same time, many oppose the use of victim impact statements in juvenile courts because they inhibit judges' ability to focus on delinquent juveniles' rehabilitative needs by infusing the victims' feelings and emotions into the disposition-crafting process. This article suggests that a balance can be struck between these competing concerns by incorporating victim impact statements into the rehabilitative programs prescribed in the dispositions of delinquent youths, instead of using the statements as an influencing force in crafting the dispositions. [source]


Implementing Equal Justice for Parents in Washington: A Dual Approach

JUVENILE AND FAMILY COURT JOURNAL, Issue 4 2002
JUSTICE BOBBE J. BRIDGE
ABSTRACT In many states, legal representation for parents of dependent children is inadequate and can be a source of delays in securing permanency for children and unnecessarily protracted court proceedings. Often, such parents also face barriers to accessing services and independent evaluators. These issues are being addressed in the state of Washington through two approaches. The first is a successful enhanced legal representation program that has substantially improved case outcomes. The second is a statewide committee using innovative means to examine systemic responses to the challenges of the Adoption and Safe Families Act. [source]


How an arbitration provision, carefully constructed, ended up defeating itself by leading to multiple court proceedings

ALTERNATIVES TO THE HIGH COST OF LITIGATION, Issue 3 2009
William J. Nissen
Is there such a thing as being too precise when crafting an arbitration alternative to litigation? Where a merger agreement produced four arbitration forums for different types of disputes, the answer is a resounding "Yes!" William J. Nissen, of Chicago, explains the litigious, still-unresolved matter. [source]


Front and Back Covers, Volume 23, Number 5.

ANTHROPOLOGY TODAY, Issue 5 2007
Ocotober 200
Front and back covers caption, volume 23 issue 5 Front cover The front cover illustrates Julie J. Taylor's article on the outcome of the San people's court case against the Botswana government. The photo shows Roy Sesana, leader of the San organization First People of the Kalahari and chief appellant in the case, with Gordon Bennett, the San group's lawyer, at the start of the case in July 2004. In the course of the last century, the San or Bushmen of southern Africa became possibly the most studied indigenous group in the world. In addition to suffering land dispossession and violence during the colonial period, their image in the West has long been that of exotic and innocent ,Other', fuelled over time by the work of scientists, anthropologists and filmmakers among others. In recent years the San have become part of wider debates about indigeneity, poverty and development, often in relation to land rights. Many San have formed their own representative institutions and have also entered into relationships with national and international NGOs to campaign for their rights as an indigenous minority. From 2004, San claims to land in the Central Kalahari Game Reserve in Botswana drew unprecedented attention in the international media, due in part to the efforts of local NGOs and the British-based advocacy group Survival International. After protracted court proceedings and much controversy, the case finally came to an end in late 2006. At first sight the outcome appeared to offer victory to San applicants, but matters in the Central Kalahari are far from resolved, raising questions about the role of advocacy groups and the fate of marginalized San groups elsewhere. Back cover (IM)PERSONAL MONEY Roboti of Giribwa Village, Trobriand Islands (above) is seen wearing the armshell Nanoula and the necklace Kasanai. Both have been circulating in the kula for at least a century and were already famous when Malinowski saw them. He was sure that these valuables were not money because they were not an impersonal medium of exchange, but Marcel Mauss, in a long footnote to The gift, wrote: ,On this reasoning there has only been money when precious things have been really made into currency , namely have been inscribed and impersonalised, and detached from any relationship with any legal entity, whether collective or individual, other than the state that mints them, One only defines in this way a second type of money , our own.' This exchange was in some ways the high point of economic anthropology. The world of national currencies issued and controlled by states and banks must now come to terms with innumerable virtual instruments such as those seen flashing on the screens of the Chicago Mercantile Exchange (below). But, as the current ,sub-prime mortgage' crisis shows, these anonymous money instruments are still closely linked to personal credit. The challenge facing anthropologists today is to renew the legacy of Mauss and Malinowski in ways that illuminate such matters of universal practical concern. In this issue, Keith Hart argues that money, like society itself, is and always has been both personal and impersonal. A pragmatic anthropology should aim to show that the numbers on people's financial statements constitute a way of summarizing their relations with society at a given time. The next step is to explain how these numbers might serve in building a viable personal economy. When we are able to take responsibility for our own economic actions, we will understand better the social forces impinging on our lives. Then it will become more obvious how and why ruling institutions need to be reformed for all our sakes. [source]