Recent Case Law (recent + case_law)

Distribution by Scientific Domains

Selected Abstracts

Rational Choice and Developmental Influences on Recidivism Among Adolescent Felony Offenders

Jeffrey Fagan
Recent case law and social science both have claimed that the developmental limitations of adolescents affect their capacity for control and decision making with respect to crime, diminishing their culpability and reducing their exposure to punishment. Social science has focused on two concurrent adolescent developmental influences: the internalization of legal rules and norms that regulate social and antisocial behaviors, and the development of rationality to frame behavioral choices and decisions. The interaction of these two developmental processes, and the identification of one domain of socialization and development as the primary source of motivation or restraint in adolescence, is the focus of this article. Accordingly, we combine rational choice and legal socialization frameworks into an integrated, developmental model of criminality. We test this framework in a large sample of adolescent felony offenders who have been interviewed at six-month intervals for two years. Using hierarchical and growth curve models, we show that both legal socialization and rational choice factors influence patterns of criminal offending over time. When punishment risks and costs are salient, crime rates are lower over time. We show that procedural justice is a significant antecedent of legal socialization, but not of rational choice. We also show that both mental health and developmental maturity moderate the effects of perceived crime risks and costs on criminal offending. [source]

What Does Free Movement Mean in Theory and Practice in an Enlarged EU?

Sergio Carrera
The right to move freely represents one of the fundamental freedoms of the internal market as well as an essential political element of the package of rights linked to the very status of EU citizenship. The scope ratione personae and the current state of the principle of free movement of persons is assessed by looking at the most recent case law of the Court of Justice and the recently adopted Directive on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States. But what are the hidden and visible obstacles to free movement of persons in Europe? How can these barriers be overcome to make free movement and residence rights more inclusive? This article addresses these issues along with the following questions: Who are the beneficiaries of the free movement of persons in an enlarged Europe? What is the impact of the recent legal developments in the freedom of movement dimension, such as the European Court of Justice case law and the new Directive? And to what extent are pro-security policies such as the Schengen Information System II and an enhanced interoperability between European databases fully compatible with the freedom of movement paradigm? [source]

The Court of Justice and the Union Citizen

James D. Mather
After all, it was Advocate General Lèger who stated that it was for the Court to ensure that its full scope was attained. The article focuses predominantly on three areas of study: Member State nationality law and citizenship, the effect and meaning of Article 18 EC, and the ever-evolving right to equal treatment for the Union citizen. It is fully updated in the light of recent case law, the Treaty establishing a Constitution for Europe, and the newly adopted Directive 2004/58 EC. [source]

Consent and capacity for dermatologists: an ethical review and update

P. Lepping
Summary Changes in legislation and case law have brought about several changes in the way that doctors in England and Wales have to deal with consent and capacity issues. These changes affect dermatology in many ways regarding the way we gain consent and the information we have to share with the patient. This article will provide an update and overview on these changes and how they affect dermatology in particular. Legislation changes have opened up avenues to discuss difficult advance decisions with patients. It is hoped that these will reduce the number of ethical dilemmas arising from questions about the treatment of incapacitated patients. It is also necessary, following recent case law, to document and discuss any significant, unavoidable or frequently occurring side-effects of any proposed medication with patients. This means that the recent changes in legislation and case law bring opportunities to dermatologists, but also require improved documentation. [source]