The mandatory life sentence for murder : an argument for judicial discretion in England

In 1965, alongside the abolition of capital punishment, a mandatory life sentence for murder was implemented in England and Wales. The mandatory life sentence served as a signal to the public that the criminal justice system would still implement the most severe sanction of life imprisonment in cases of murder. Nearly 50 years later, this article examines whether the imposition of a mandatory life sentence for murder is still in the best interests of justice or whether English homicide law would be better served by a discretionary sentencing system. In doing so, the article considers debates surrounding the political and public need for a mandatory life sentence for murder by drawing upon interviews conducted with 29 members of the English criminal justice system. This research concludes that a discretionary sentencing framework is required to adequately respond to the many contexts within which the crime of murder is committed.

Deficiencies and missed opportunities to formulate clinical guidelines in Australia for withholding or withdrawing life-sustaining treatment in severely disabled and impaired infants

This paper examines the few, but important legal and coronial cases concerning withdrawing or withholding life-sustaining treatment from severely disabled or critically impaired infants in Australia. Although sparse in number, the judgements should influence common clinical practices based on assessment of “best interests” but these have not yet been adopted. In particular, although courts have discounted assessment of “quality of life” as a legitimate component of determination of “best interests,” this remains a prominent component of clinical guidelines. In addition, this paper highlights the lack of uniform clinical guidelines available to medical professionals and parents in Australia when making end-of-life decisions for severely ill infants. Thus, it is argued here that there is a need for an overarching prescriptive uniform framework or set of guidelines in end-of-life decision-making for impaired infants. This would encourage greater transparency, consistency, and some degree of objectivity in an area that often appears subjective.

Opting only in: Contractarians, waiver of liability provisions, and the race to the bottom

This paper will test the core claim of scholars in the nexus of contracts tradition—that private ordering as a process of bargaining creates optimal rules. We do this by analyzing empirical evidence in the context of waiver of liability provisions. These provisions allow companies to eliminate monetary damages for breach of the duty of care through amendments to the articles of incorporation. With all states allowing some form of these provisions, they represent a good laboratory to examine the bargaining process between management and shareholders. The contractarian approach would suggest that shareholders negotiate with management to obtain agreements that are in their best interests. If a process of bargaining is at work as they claim, the opt-in process for waiver of liability provisions ought to generate a variety of approaches. Shareholders wanting a high degree of accountability would presumably not support a waiver of liability. In other instances, shareholders might favor them in order to attract or retain qualified managers. Still others would presumably want a mix, allowing waiver but only in specified circumstances.Our analysis reveals that the diversity predicted by a private ordering model is not borne out by the evidence with waiver of liability provisions for Fortune 100 companies. All states permit such provisions and in the Fortune 100, all but one company has them. Moreover, they are remarkably similar in effect, waiving liability to the fullest extent permitted by law. In other words, one categorical rule was merely replaced by another, dealing a significant blow to the contractarian thesis.

Identifying the characteristics of child sexual abuse cases associated with the child or child's parents withdrawing the complaint

Most child sexual abuse cases do not result in a full trial or guilty plea; rather, case attrition occurs at earlier stages of the criminal justice system. One reason for the attrition of these cases is the withdrawal of complaints, by children or their caregivers. The aim of the current study was to determine the case characteristics associated with complaint withdrawal in child sexual abuse cases by the child or his or her parents once a report has been made to authorities. All child sexual abuse incidents reported to authorities in one jurisdiction of Australia in 2011 were analyzed (N=659). A multinomial logistic regression was used to predict the following case outcomes: (1) withdrawn by the child or his or her parents, (2) exited for other reasons (e.g., the alleged offender was not identified, the child refused to be interviewed), and (3) resulted in a charge. Five predictors significantly added to the prediction of case outcome: child age, suspect gender, suspect age, child-suspect relationship, and abuse frequency. These results should contribute to the design of interventions in order to reduce complaint withdrawals if these withdrawals are not in the child's best interests.

101 ways to save money on your tax legally! : updated for 2015-2016

101 Ways to Save Money on Your Tax–Legally! 2015–2016 sheds light on how you can increase your tax return by maximising your deductions. This practical guide explores how individual, family, property, education, employment, small business, investment property, shares, superannuation, medical expenses, levies, and other deductions can be leveraged to ensure that you receive the tax return you deserve—and that you do not overpay the government. You'll also get advice regarding tax-effective investments, tax planning, and the best way to go about finding a great accountant.Every year, you give a portion of your income to the government. While this money funds essentials like infrastructure, you certainly do not want to give more than you need to. This insightful guide provides you with the information necessary to ensure that you receive as much money back as possible on your tax return.Discover how you can maximise your deductions to increase your tax return—and get what you are entitled to back from the government each yearUnderstand the tax law changes from the May 2015 budgetAccess tips that assist you in planning and filing your taxes with your best interests in mindIdentify tax traps, and get answers to frequently asked questions101 Ways to Save Money on Your Tax–Legally! 2015–2016 is an essential resource for every Australian who pays taxes.

Student voice as risky praxis: democratising physical education teacher education

Background: Student voice agendas have been slow to permeate higher educational institutions. Curricula in universities, like those in primary and secondary education, are still usually made for students by teachers who, while they may have the best interests of the students in mind, rarely if ever engage students in curriculum decision-making. The need for more equitable, dialogic and democratic engagement by students is particularly relevant in the context of teacher education. It has been argued that pre-service teachers should experience democratic practices during their teacher education experiences in order to have the confidence, knowledge and skills to support democratic opportunities in schools.

High Stakes: Lessons from stakeholder groups in the biodiversity conservation network

Research in common property, participatory resource management, and community development points to the central importance of organizational arrangements in conservation and development interventions. The dilemma facing contemporary conservation practitioners is how best to assist and facilitate such arrangements in support of participatory resource management and sustainable livelihoods, given the range of organizations, societal processes, and structures in which interventions might engage. This article presents some key findings from a study of stakeholder groups at 4 project sites, with information from a further 16 sites, in the Biodiversity Conservation Network: (1) Longstanding organizations had an established community niche, but could become bogged down in bureaucratic procedures; (2) poor communication between organizations was common and could undermine resource management; and (3) charismatic individuals and local elite interests could dominate groups, diminishing their representativeness. Based on these findings, the article argues that conservation professionals need to build their capacity as facilitators and negotiators, paying greater attention to how stakeholder groups form and function, their links to wider arenas, and the aims and positions of groups and individuals.

Microfinance best practice : ten parameters of success for development NGOs

Experience has shown that development NGOs typically do not succeed in transforming themselves into financially sustainable providers of financial intermediation services. The reasons for this failure are complex (see Dichter 1999). Nonetheless, the role that NGOs play as microfinance providers is important and the contribution they could make to poverty reduction would be greatly enhanced if they adhered to some simple but essential parameters of success.

Children's memory of recurring events: is the first event always the best remembered?

Three experiments were conducted to examine the effect of age (4-5 and 6-8 years) and retention interval on children's ability to remember separate occurrences of a repeated event that varied in terms of content (items, dialog, etc.) Experiment 1 explored children's ability to recall the first versus last occurrence of a series of six events, at either one week or six weeks delay. Experiments 2 and 3 explored children's ability to identify the position of items in terms of their order of presentation within the series across two retention intervals. Overall, the results revealed clear age differences in children's performance. In general, the 6- to 8-year+old children performed better on all tasks than the 4- to 5-year-old children. Further, the older children showed relatively good memory of the first and last items compared to the middle items, although the last items were more likely to be forgotten or misplaced in the sequencing tasks over time that the first items. For the younger children, the patterns of results were sometimes but not always consistent with that of the older children The relevance and generalisability of these findings to the legal setting are discussed as well as directions for future research.

Monitoring employees' email and internet use at work : balancing the interests of employers and employees.

The increased use of email and the internet in the workplace raises important legal questions for workers and employers. The purpose of this paper is to  explore some of the legal implications of use by employees of workplace email and internet systems, with particular focus on employer monitoring of the use of email and internet and its implications for employee privacy.

Corporate donations, the best interest of the company and the proper purpose doctrine

Corporate philanthropy is illegitimate spending by powerful corporate elite of someone else’s money; an attempt to bypass democratic allocation of taxes; philanthropy by individuals is laudable, but not by corporations.

Just as I wouldn’t want you to implement your personal judgments by writing checks on my bank account for charities of your choice, I feel it inappropriate to write checks on your corporate ‘bank account’ for the charities of my choice.

Best practice in stabilisation of oral endotracheal tubes : a systematic review

Mechanical ventilation of patients in intensive care units is common practice. Artificial airways are utilised to facilitate ventilation and the endotracheal tube (ETT) is most commonly used for this purpose. The ETT must be stabilised to optimise ventilation and avoid displacement or unplanned extubation. Tube movement is a major factor in causing airway trauma. A destabilised tube can cause fatal complications. A systematic review was conducted to identify and analyse the best available evidence on ETT stabilisation to determine which stabilisation method resulted in reduced tube displacement and the least amount of unplanned or accidental extubations. The types of stabilisations included one or a combination of the following methods: twill or cotton tape, adhesive tape, gauze, or a manufactured device. All relevant randomised controlled and quasi-experimental studies of ETT stabilisation practices, identified through electronic and hand searching, were assessed for inclusion in the study. One published randomised controlled trial and six published quasi-experimental studies met the inclusion and exclusion criteria and were retrieved. Data were extracted independently by two reviewers. Results of the systematic review showed that no single method of ETT stabilisation could be identified as superior for minimising tube displacement and unplanned or accidental extubations. Rigorous randomised controlled trials with clearly identified and described ETT stabilisation methods are required to establish best practice. In addition, comparative research to evaluate cost effectiveness and nursing time requirements would also be of significant benefit to critical care nursing practice.

Early impact of the BEST intervention for parents stressed by adolescent substance abuse.

Youth involvement in substance abuse can be a source of considerable distress for their parents. Unilateral family interventions have been advocated as one means by which concerned family members can be supported to assist substance-abusing family members. To date there has been little research examining the impact of unilateral family interventions on the directly participating family members. In this study the early impact of an 8-week parent-group programme known as Behavioural Exchange Systems Training (BEST) was evaluated using a quasi-experimental, waiting list control design. The professionally led programme had been developed to support and assist parents in their efforts to cope with adolescent substance abuse. Subjects were 66 parents (48 families) accepted for entry into the programme between 1997 and 1998. Comparison was made between 46 parents offered immediate entry into the programme and 20 parents whose entry to the programme was delayed by an 8-week waiting list. At the first assessment 87% of parents showed elevated mental health symptoms on the General Health Questionnaire. Evidence suggested exposure to the intervention had a positive impact on parents. Compared to parents on the waiting list, parents entered immediately into the intervention demonstrated greater reductions in mental health symptoms, increased parental satisfaction, and increased use of assertive parenting behaviours.

Best buys in fall injury prevention

More than 4,400 Victorian children are admitted to hospital for fall related injuries annually. Of these, 1,967 are known to have fallen from playground equipment. These 1,967 children consume 5,620 bed days. Another 3,934 children are treated in Emergency Departments for falls from playground equipment. In total, the direct cost borne by government is estimated at more than 4.7 million dollars. The cost in bed days and Emergency services is also considerable.