An empirical study on the relationship between intellectual ability and an understanding of the legal process in male remand prisoners

Research conducted in Australia and around the world in the last decade has shown that people with significant intellectual impairments are over-represented in all areas of the criminal justice system. They are particularly over-represented in remand populations appearing before court. Previous research has suggested that as many as one-quarter of offenders facing sentencing in court have difficulty in understanding court procedures and it is suspected that a majority of these individuals suffer a significant intellectual impairment. The purpose of this study was to establish whether remandees with significant intellectual impairments (IQ < 70) have an accurate understanding of the court system. Seventy-four remand prisoners took part in the study. Remandees with an IQ of less than 70 demonstrated a significantly poorer understanding of the court system than those remandees with an IQ of 70 and above. The implications of these results are discussed in relation to the need for law reform and diversionary practices for this population of remandees.

Cadaveric vs. live-donor kidney transplants : theoretical foundations of interaction between institutions and inequality

In 1991, the World Health Assembly approved a set of Guiding Principles which emphasize voluntary donation, non-commercialization and a preference for cadavers over living donors” (World Health Organization). The objective of this paper is to identify the factors that affect the ratio of cadaveric transplants to all transplants. This paper first provides informational background on problems surrounding kidney transplants and then uses a theoretical framework which employs standard economic assumptions but incorporates a setup where the persons needing kidneys can obtain it from their compatible relatives or purchase it from individuals who are willing to sell one of their kidneys. The methods of economic theoretical analyses are used where following definitions and assumptions some conclusions are drawn. This paper finds that factors such as inequality, rule of law and religion have significant effect on the ratio of cadaveric transplants to all transplants. The paper concludes that improvement in equality and in rule of law will increase the use of cadaveric kidney transplants. In addition, fighting religious beliefs against cadaveric kidney transplants too will lead to a higher ratio of cadaveric transplants to all transplants.

Clinical, ethical and legal considerations in the treatment of newborns with non-ketotic hyperglycinaemia

Non-ketotic hyperglycinaemia (NKH) is a devastating neurometabolic disorder leading, in its classical form, to early death or severe disability and poor quality of life in survivors. Affected neonates may need ventilatory support during a short period of respiratory depression. The transient dependence on ventilation dictates urgency in decision-making regarding withdrawal of therapy. The occurrence of patients with apparent transient forms of the disease, albeit rare, adds uncertainty to the prediction of clinical outcome and dictates that the current practice of withholding or withdrawing therapy in these neonates be reviewed. Both bioethics and law take the view that treatment decisions should be based on the best interests of the patient. The medical-ethics approach is based on the principles of non-maleficence, beneficence, autonomy and justice. The law relating to withholding or withdrawing life-sustaining treatment is complex and varies between jurisdictions. Physicians treating newborns with NKH need to provide families with accurate and complete information regarding the disease and the relative probability of possible outcomes of the neonatal presentation and to explore the extent to which family members are willing to take part in the decision making process. Cultural and religious attitudes, which may potentially clash with bioethical and juridical principles, need to be considered.

Protecting legal rights when things go wrong : legal recourse if mandatory fortification of a food were to harm human health

Food laws can encompass considerations that extend beyond food safety. The recent food standard mandating the fortification of flour with folic acid in Australia illustrates the legal problems and legal risks when governments introduce food standards that aim to medicinalise the population through the food supply despite a lack of scientific consensus. Legal analysis of the process by which the folic acid fortification was introduced into flour in Australia demonstrates legal inadequacies, administrative and policy failures, as well as flaws in safety assumptions. An analysis of the restrictions on legal rights and remedies for any adversely affected consumers seeking legal redress, and the existence of statutory immunities for governments, demonstrates a need for legal reform and changes in policy development processes.

Legal bans on pro-suicide web sites : an early retrospective from Australia

There are worldwide concerns that pro-suicide web sites may trigger suicidal behaviors among vulnerable individuals. In 2006, Australia became the first country to criminalize such sites, sparking heated debate. Concerns were expressed that the law casts the criminal net too widely; inappropriately interferes with the autonomy of those who wish to die; and has jurisdictional limitations, with off-shore web sites remaining largely immune. Conversely, proponents point out that the law may limit access to domestic pro-suicide web sites, raise awareness of Internet-related suicide, mobilize community efforts to combat it, and serve as a powerful expression of societal norms about the promotion of suicidal behavior.

Family breakdown, the best interests of the child concept, and the legal system

It appears that the legal system's response to the issues relating to family breakdown and "the best interests of the child" concept can sometimes be inadequate. There also appears to a lack of consistency with regards to enforcing the best interests of the child concept in legal proceedings concerning children.

Societal constructions of the psycho-legal notion of mental impairment in Victoria

This thesis explored the factors relevant to decision-making when the defence of mental impairment is raised in Victoria. Findings indicate that disorder type, crime outcome, and the relationship between victim and offender were significantly associated with verdict decisions, while offender gender did not play a significant role in responsibility decisions. The portfolio discusses the role of co-morbid psychopathology in the assessment and treatment of veterans with chronic PTSD by presenting four case histories.

The legal response to problem gambling in Victoria

The thesis analyses judgments from the higher criminal courts in Victoria involving problem gamblers charged with serious crimes, investigates actions brought by gamblers against gaming establishments in the civil courts and examines the legislation governing gambling in Victoria and the effectiveness of recently introduced harm minimisation measures.

Australian legal regime on animal based bio-medical research

This thesis, by using evaluative criteria based on overseas law, scientific evidence, philosophy and ethics, concluded that the Australian legal regime regarding animal based bio-medical research for human benefit only partly met one of that regime's major objectives of adequately protecting research animals during the entire research process.

Cross-cultural assumptions about perception and identity in western socio-legal frameworks

Socio-legal analysis has relied heavily on Mnookin and Kornhauser's "bargaining in the shadow of the law" and Galanter's "litigotiation" concepts. These concepts provide a framework for examining the relationship between formal legal rules and other normative sources in out-of-court activity. In this paper we explore the extent to which these frameworks' Western assumptions about individualism, conflict and the rule of law would require adaptation if they were to be used to examine such phenomena in Chinese culture or in Australian-Chinese negotiations. In particular, we focus on the "difference" between: i) China and Confucian culture; and ii) Western society in terms of the Confucian principles relating to hierarchy, harmony, collectivism and face. These principles have fundamental implications for Chinese perceptions of appropriate dispute resolution behaviour. Western researchers who omit consideration of these perceptions and neglect the defining characteristics of Chinese identity will emerge with flawed projects.

Cross-cultural issues in the supervision of a Chinese socio-legal PhD student

The purpose of this co-authored paper is to explain how culturally specific features of Chinese students impact on the processes by which they commence their socio-legal research degrees by research candidature. The presentation by the co-authors of the paper will include a simulation of the first meeting between the candidate and the supervisor. This simulation will show how specific features of Chinese culture and the Chinese education system create a massive culture shock when Chinese research students are exposed to Anglo-Australian academic culture. We will explain how the underlying principles of Chinese culture impact on the candidate‘s expectations in relation to: the role of the supervisor; the requirement of original contribution; expectations in feedback on written work and communication more generally . We will then propose strategies for reducing the impact of culture shock and improving the experience of the candidature and the performance from each party to the relationship in terms of timely completions and reduced attrition. These strategies derive from the authors‘ experience in relation to doctoral research management and cross-cultural communication.