Deathbed instructions and the assessment of capacity: A practical perspective

The assessment of capacity in the context of wills and advance care planning is a challenging task for modern practitioners with the increase in mentally disabling conditions, such as acquired brain injury. This challenge is only heightened in the situation where the assessment occurs at the client’s deathbed as there are the added elements of urgency, and emotional upheaval at the impending death of a loved one. This situation poses a minefield of problems a legal practitioner should be aware of, involving not only the assessment process but also potential professional liability issues. This presentation will address the practical considerations a legal professional should take into account when in this situation. We will focus on two discrete situations and the issues arising from them: first, where there has been an acquired brain injury and legal capacity is in question; and second, where a spinal injury has occurred which does not affect capacity, rather results in the inability to use conventional forms of communication to communicate his/her instructions. We will examine these case studies with a view to proposing a best practice model for legal practitioners when assessing capacity in this context.

Safeguard your access to trial by jury

In Watney v Kencian & Wooley [2014] QDC 290 Morxone QC DCJ considered the implications for defendants who desired a trial by jury, but who had relied on the election for that mode of trial made by the plaintiff in the statement of claim.

Design and testing of stand-specific bucking instructions for use on modern cut-to-length harvesters

This study addresses three important issues in tree bucking optimization in the context of cut-to-length harvesting. (1) Would the fit between the log demand and log output distributions be better if the price and/or demand matrices controlling the bucking decisions on modern cut-to-length harvesters were adjusted to the unique conditions of each individual stand? (2) In what ways can we generate stand and product specific price and demand matrices? (3) What alternatives do we have to measure the fit between the log demand and log output distributions, and what would be an ideal goodness-of-fit measure? Three iterative search systems were developed for seeking stand-specific price and demand matrix sets: (1) A fuzzy logic control system for calibrating the price matrix of one log product for one stand at a time (the stand-level one-product approach); (2) a genetic algorithm system for adjusting the price matrices of one log product in parallel for several stands (the forest-level one-product approach); and (3) a genetic algorithm system for dividing the overall demand matrix of each of the several log products into stand-specific sub-demands simultaneously for several stands and products (the forest-level multi-product approach). The stem material used for testing the performance of the stand-specific price and demand matrices against that of the reference matrices was comprised of 9 155 Norway spruce (Picea abies (L.) Karst.) sawlog stems gathered by harvesters from 15 mature spruce-dominated stands in southern Finland. The reference price and demand matrices were either direct copies or slightly modified versions of those used by two Finnish sawmilling companies. Two types of stand-specific bucking matrices were compiled for each log product. One was from the harvester-collected stem profiles and the other was from the pre-harvest inventory data. Four goodness-of-fit measures were analyzed for their appropriateness in determining the similarity between the log demand and log output distributions: (1) the apportionment degree (index), (2) the chi-square statistic, (3) Laspeyres quantity index, and (4) the price-weighted apportionment degree. The study confirmed that any improvement in the fit between the log demand and log output distributions can only be realized at the expense of log volumes produced. Stand-level pre-control of price matrices was found to be advantageous, provided the control is done with perfect stem data. Forest-level pre-control of price matrices resulted in no improvement in the cumulative apportionment degree. Cutting stands under the control of stand-specific demand matrices yielded a better total fit between the demand and output matrices at the forest level than was obtained by cutting each stand with non-stand-specific reference matrices. The theoretical and experimental analyses suggest that none of the three alternative goodness-of-fit measures clearly outperforms the traditional apportionment degree measure. Keywords: harvesting, tree bucking optimization, simulation, fuzzy control, genetic algorithms, goodness-of-fit

Trial by jury election less of a trial

In Kencian v Watney [2015] QCA 212 the Queensland Court of Appeal allowed an appeal against the decision in Watney v Kencian & Wooley [2014] QSC 290 and ordered, pursuant to r475(1) of the Uniform Civil Procedure Rules 1999 (Qld) that the trial proceed as a trial by jury.

Distributed belief revision as applied within a descriptive model of jury deliberations

Belief revision is a well-research topic within AI. We argue that the new model of distributed belief revision as discussed here is suitable for general modelling of judicial decision making, along with extant approach as known from jury research. The new approach to belief revision is of general interest, whenever attitudes to information are to be simulated within a multi-agent environment with agents holding local beliefs yet by interaction with, and influencing, other agents who are deliberating collectively. In the approach proposed, it's the entire group of agents, not an external supervisor, who integrate the different opinions. This is achieved through an election mechanism, The principle of "priority to the incoming information" as known from AI models of belief revision are problematic, when applied to factfinding by a jury. The present approach incorporates a computable model for local belief revision, such that a principle of recoverability is adopted. By this principle, any previously held belief must belong to the current cognitive state if consistent with it. For the purposes of jury simulation such a model calls for refinement. Yet we claim, it constitutes a valid basis for an open system where other AI functionalities (or outer stiumuli) could attempt to handle other aspects of the deliberation which are more specifi to legal narrative, to argumentation in court, and then to the debate among the jurors.

Belief revision as applied within a descriptive model of jury deliberations

Belief revision is a well-researched topic within Artificial Intelligence (AI). We argue that the new model of belief revision as discussed here is suitable for general modelling of judicial decision making, along with the extant approach as known from jury research. The new approach to belief revision is of general interest, whenever attitudes to information are to be simulated within a multi-agent environment with agents holding local beliefs yet by interacting with, and influencing, other agents who are deliberating collectively. The principle of 'priority to the incoming information', as known from AI models of belief revision, is problematic when applied to factfinding by a jury. The present approach incorporates a computable model for local belief revision, such that a principle of recoverability is adopted. By this principle, any previously held belief must belong to the current cognitive state if consistent with it. For the purposes of jury simulation such a model calls for refinement. Yet, we claim, it constitutes a valid basis for an open system where other AI functionalities (or outer stimuli) could attempt to handle other aspects of the deliberation which are more specific to legal narratives, to argumentation in court, and then to the debate among the jurors.