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Legal Procedure (legal + procedure)

Distribution by Scientific Domains
Law and Criminology57%

Selected Abstracts

Misleading hallucinations in unrecognized narcolepsy

ACTA PSYCHIATRICA SCANDINAVICA, Issue 4 2003
A. Sz
Objective: To describe psychosis-like hallucinatory states in unrecognized narcolepsy. Method: Two patients with hypnagogic/hypnapompic hallucinations are presented. Results: Both patients had realistic and complex , multi-modal and scenic-daytime sexual hallucinations leading, in the first case, to a legal procedure because of false accusation, and in the second, to serious workplace conflicts. Both patients were convinced of the reality of their hallucinatory experiences but later both were able to recognize their hallucinatory character. Clinical data, a multiple sleep latency test, polysomnography, and HLA typing revealed that both patients suffered from narcolepsy. Conclusion: We suggest that in unrecognized narcolepsy with daytime hypnagogic/hypnapompic hallucinations the diagnostic procedure may mistakenly incline towards delusional psychoses. Daytime realistic hypnagogic/hypnapompic hallucinations may also have forensic consequences and mislead legal evaluation. Useful clinical features in differentiating narcolepsy from psychoses are: the presence of other narcoleptic symptoms, features of hallucinations, and response to adequate medication. [source]

ETHICAL, LEGAL, AND PROFESSIONAL PRACTICE ISSUES INVOLVED IN ACTING AS A PSYCHOLOGIST PARENT COORDINATOR IN CHILD CUSTODY CASES

FAMILY COURT REVIEW, Issue 3 2004
Matthew J. Sullivan
The use of Psychologist Parent Coordinators in child custody cases (called Special Masters in California) is becoming increasingly prevalent across the country. This postdivorce parenting coordination role is a legal/psychological hybrid, demanding knowledge and skill in legal domains (legal procedure, relevant case law, etc.), psychological domains (child development, family systems, etc.), and dispute resolution (mediation and settlement processes). Situated in the interface of legal and psychological paradigms, Parent Coordination may be reviewed by multiple legal and psychological regulatory bodies. Coming from varying perspectives, the practice guidelines and mandates of these legal, ethical, and licensing agencies impose multiple standards of review of Parent Coordination. A brief overview of the legal and psychological review processes applicable to Special Master work in California, as they relate to common issues that confront the Parenting Coordinator across the country, is the focus of this article. They suggest that the current lack of coordination of review processes creates a minefield of professional risk for the psychologist who chooses to practice in this role. [source]

The Courts of the Prior and the Bishop of Durham in the Later Middle Ages

HISTORY, Issue 278 2000
Cynthia J. Neville
The operation of the common law in late medieval county Durham was characterized by several unique features. Among these were the independence of episcopal officials from interference from royal agents in the execution of the law, and the great variety of temporal courts found there. Within the lands of the palatinate, jurisdiction over suspects accused of felony was shared by both the bishop and the prior of Durham. The origins of this unusual division of judicial authority was an agreement dated c.1229, known as Le Convenit. It defined the relationship between the bishop, the temporal lord of the palatinate, and the prior of the Benedictine monastery in Durham who, as a landholder second only to the bishop, held a separate court for the suit of his free tenants. That relationship was often fraught with tension, for both lords were jealous of the prestige , and the revenues , incumbent on the exercise of judicial authority in their lands. This article examines the origins of Le Convenit, and the consequences of the agreement on criminal legal procedure in late medieval Durham. Successive priors of the monastery struggled tirelessly against the bishops to preserve the privileges they won in 1229, and Le Convenit remained throughout this period a potent weapon in their determination to give expression to lordly power and authority. [source]

Estopped by Grand Playsaunce: Flann O'Brien's Post-colonial Lore

JOURNAL OF LAW AND SOCIETY, Issue 1 2004
Joseph Brooker
This article seeks to extend our understanding of the Irish writer Flann O'Brien (Myles na gCopaleen, Brian O'Nolan) by reading him from a Law and Literature perspective. I suggest that O'Nolan's painstaking and picky mind, with its attention to linguistic nuance, was logically drawn to the languages of law. In this he confirmed the character that he showed as a civil servant of the cautious, book-keeping Irish Free State. The Free State, like other post-colonial entities, was marked at once by a rhetoric of rupture from the colonial dispensation and by a degree of legal and political continuity. I suggest that O'Nolan's writing works away at both these aspects of the state, alternating between critical and utopian perspectives. After establishing an initial context, I undertake a close reading of O'Nolan's parodies of actual legal procedure, focusing on questions of language and censorship. I then consider his critical work on the issue of Irish sovereignty, placing this in its post-colonial historical context. Finally I describe O'Nolan's treatment of Eamon de Valera's 1937 Constitution. I propose that his attention to textual detail prefigures in comic form the substantial rereadings of the Constitution that have been made in the last half-century. [source]

Frontloading Mitigation: The "Legal" and the "Human" in Death Penalty Defense

LAW & SOCIAL INQUIRY, Issue 1 2010
Jesse Cheng
The bifurcation of capital trials into determinations of guilt and sentencing presents defense advocates with what seem to be two distinct domains of knowledge,one apparently "legal" in character, the other "human." But this epistemological division is actually not so clear in practice. This article dissects the procedural and strategic mechanisms through which these two domains unsettle and reconstitute the other. I provide a historical, empirically grounded account that explicitly articulates the connections between developments in legal procedure, prevailing standards of care concerning the need to conduct humanistic investigations of mitigating factors, and the on-the-ground trial practice of "frontloading" as a defense strategy. Drawing from documentary research, interview data with leading capital defense practitioners, and analytical observations based on my own experience as a mitigation specialist, this article presents itself as a case study of the processes of mutually constitutive rupturing that reconfigure the categories of the legal and the human. [source]

Mobilizing the Law in China: "Informed Disenchantment" and the Development of Legal Consciousness

LAW & SOCIETY REVIEW, Issue 4 2006
Mary E. Gallagher
This article critically examines the development of legal consciousness among legal aid plaintiffs in Shanghai. It is based on 16 months of research at a large legal aid center and in-depth interviews with 50 plaintiffs. Chinese legal aid plaintiffs come to the legal process with high expectations about the possibility of protecting their rights; however, they also have only a vague and imprecise knowledge of legal procedure and their actual codified rights. Through this process of legal mobilization, plaintiffs' legal consciousness changes in two separate dimensions: changes in one's feelings of efficacy and competency vis-à-vis the law, and changes in one's perception/evaluation of the legal system. Put another way, the first dimension is "How well can I work the law?" and the second is "How well does the law work?" In this study I observe positive changes in feelings of individual efficacy and competency that are combined with more negative evaluations/perceptions of the legal system in terms of its fairness and effectiveness. The positive feelings of efficacy and voice provided by the legal process encourage labor dispute plaintiffs in the post-dispute period to plan new lawsuits and to help friends and relatives with their legal problems. Disenchantment with the promises of the legal system does not lead to despondency, but to more critical, informed action. This study provides new evidence on the nature of China's developing legal system with a focus on the social response to the state-led "rule of law" project. [source]

VA telemental health: Suicide assessment,

BEHAVIORAL SCIENCES & THE LAW, Issue 3 2008
Linda Godleski M.D.
The Department of Veterans Affairs (VA) encompasses one of the largest telemental health networks in the world, with over 45,000 videoconferencing and over 5,000 home telemental health encounters annually. Recently, the VA designated suicide prevention as a major priority, with telehealth modalities providing opportunities for remote interventions. Suicide risk assessments, using videoconferencing, are now documented in the literature, as are current studies that find telemental health to be equivalent to face-to-face treatment. Remote assessment of suicidality, however, involves complex legal issues: licensing requirements for remote delivery of care, legal procedures for involuntary detainment and commitment of potentially harmful patients, and liability questions related to the remote nature of the mental health service. VA best practices for remote suicide risk assessment include paradigms for establishing procedures in the context of legal challenges (licensing and involuntary detainment/commitment), for utilizing clinical assessment and triage decision protocols, and for contingency planning to optimize patient care and reduce liability. Published in 2008 by John Wiley & Sons, Ltd. [source]