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Artykuły w czasopismach na temat "Community-based court orders"
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Hanna Ambaras Khan, Nora Abdul Hak, Najibah Mohd Zin i Roslina Che Soh. "THE CHALLENGES IN ENFORCING POST DIVORCE ORDERS OF NATIVE COURTS IN EAST MALAYSIA". IIUM Law Journal 29, (S1) (12.05.2021): 17–35. http://dx.doi.org/10.31436/iiumlj.v29i(s1).633.
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The native court in Malaysia comprises of Mahkamah Anak Negeri Sabah and Mahkamah Bumiputera Sarawak. The existence of this court is recognised by the Malaysian Government and they are mentioned in the Federal Constitution of Malaysia. Although these courts are given power and authority in dealing with the personal law of natives in each state, there are challenges in enforcing post-divorce orders made by these courts. This article is significant since there is a dearth of study on this topic. The main objective of this article is to examine the enforcement of post-divorce orders of native courts within East Malaysia. It will also explore the problems and challenges of divorcees in enforcing divorce orders and provide recommendations to improve the existing system. This article adopts library-based and qualitative research method which consists of group discussions and interviews with the village headman (ketua kampung), headman (penghulu), community leader, native courts’ judges, native court of appeal’s judge, registrar of native court and several divorcees. The result of this research identified four challenges vis-a-vis: the capability to find the husband upon the issuance of the divorce order; second, husband’s default payment of maintenance; lack of manpower in enforcing the order and lastly, husband’s conversion to Islam. Thereafter, this article suggests that the government could provide assistance by empowering court bailiffs or enforcement bodies, increasing funding and to designate a special department for enforcement of divorce orders
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O'Donnell, Philip C., i Arthur J. Lurigio. "Psychosocial Predictors of Clinicians' Recommendations and Judges' Placement Orders in a Juvenile Court". Criminal Justice and Behavior 35, nr 11 (30.07.2008): 1429–48. http://dx.doi.org/10.1177/0093854808324061.
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A large proportion of youthful offenders who enter the juvenile justice system have psychiatric disorders and psychosocial risk factors that perpetuate delinquency, and addressing these issues has been a growing concern of juvenile courts nationwide. This study examines the relationship between the clinical information provided through comprehensive forensic assessments and clinicians' recommendations for placement (community setting vs. secure facility) and judges' sentencing decisions. The sample included 248 youth, ranging from 11 to 17 years old, who were adjudicated in the Cook County (Chicago) Juvenile Court. A reliable and valid approach for coding psychosocial variables is also presented as a prototype for future research. Consistent with previous studies, results show that judges are inclined to adopt clinical recommendations and that the material provided by comprehensive clinical evaluations could diminish the effects of offense and delinquency-based factors on dispositions.
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McGrath, Andrew, i Don Weatherburn. "The effect of custodial penalties on juvenile reoffending". Australian & New Zealand Journal of Criminology 45, nr 1 (16.03.2012): 26–44. http://dx.doi.org/10.1177/0004865811432585.
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This study uses propensity score matching to test the proposition that imprisonment deters future criminal activity among juvenile offenders. Using data from all court appearances of juveniles in the NSW Children’s Court (Australia) between 2003 and 2004 ( N = 6196), the reoffending of a group of young offenders sentenced to control (i.e. custodial) orders ( N = 376) was compared to a matched group of offenders receiving community-based sanctions. No differences were observed between the two groups. The young offenders given detention orders had a slightly lower rate of reoffending, but this difference was not significant. The results of this study indicate that, over the time period examined in this study, the imposition of a custodial sentence had no effect on the risk of reoffending.
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Blatch, Chris, Andrew Webber, Kevin O’Sullivan i Gerard van Doorn. "Cost-benefits of a domestic abuse program for Australian offenders". Journal of Criminological Research, Policy and Practice 3, nr 1 (13.03.2017): 61–74. http://dx.doi.org/10.1108/jcrpp-10-2016-0026.
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Purpose The purpose of this paper is to determine recidivism costs and benefits for 1,030 community-based male offenders enrolled in a domestic abuse program (DAP) compared to an untreated control group (n=1,030) matched on risk factors. Design/methodology/approach The study time frame was October 1, 2007-June 30, 2010 with reconvictions measured to December 31, 2010. Follow up averaged 19 months. Controls received standard community supervision, but no domestic violence group interventions. Follow up measures included court costs for violent and non-violent reconvictions; re-incarcerations and community-based orders costs measured in days. Findings Adjusting for time at risk, DAP enrollees had 29 percent fewer reconvictions, 46 percent fewer violent reconvictions, 34 percent fewer custodial days, but 23 percent more days on community orders. Costs: DAP enrollment avoided $2.52 M in custodial costs, but higher community correction costs (+$773 K) and court costs (+$5.8 K), reducing the DAP’s criminal justice system cost savings to $1.754 M ($8.92 M for the DAP group compared to $10.67M for controls). Cost benefits: when the 64 DAP program costs were deducted ($602 K), the net benefit to the New South Wales criminal justice system was $1,141 M, or $1,108 per enrollee, providing a net benefit/cost ratio of 2.89. If the DAP was completed, the net benefit was $1,820 per offender. These results compares favorably to economic evaluations of other community-based interventions. Practical implications Group interventions for domestically violent (DV) offenders can provide good investment returns to tax payers and government by reducing demand on scarce criminal justice system resources. The study provides insights into justice costs for DV offenders; a methodological template to determine cost benefits for offender programs and a contribution to cost-effective evidence-based crime reduction interventions. Originality/value Using a rigorous methodology, official court, custodial and community correction services costing data, this is the first Australian cost benefit analysis of a domestic violence group intervention, and the first to justify program expenditure by demonstrating substantial savings to the criminal justice system.
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Swartz, Marvin S., Sayanti Bhattacharya, Allison G. Robertson i Jeffrey W. Swanson. "Involuntary Outpatient Commitment and the Elusive Pursuit of Violence Prevention". Canadian Journal of Psychiatry 62, nr 2 (25.10.2016): 102–8. http://dx.doi.org/10.1177/0706743716675857.
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Objective: Involuntary outpatient commitment (OPC)—also referred to as ‘assisted outpatient treatment’ or ‘community treatment orders’—are civil court orders whereby persons with serious mental illness and repeated hospitalisations are ordered to adhere to community-based treatment. Increasingly, in the United States, OPC is promoted to policy makers as a means to prevent violence committed by persons with mental illness. This article reviews the background and context for promotion of OPC for violence prevention and the empirical evidence for the use of OPC for this goal. Method: Relevant publications were identified for review in PubMed, Ovid Medline, PsycINFO, personal communications, and relevant Internet searches of advocacy and policy-related publications. Results: Most research on OPC has focussed on outcomes such as community functioning and hospital recidivism and not on interpersonal violence. As a result, research on violence towards others has been limited but suggests that low-level acts of interpersonal violence such as minor, noninjurious altercations without weapon use and arrests can be reduced by OPC, but there is no evidence that OPC can reduce major acts of violence resulting in injury or weapon use. The impact of OPC on major violence, including mass shootings, is difficult to assess because of their low base rates. Conclusions: Effective implementation of OPC, when combined with intensive community services and applied for an adequate duration to take effect, can improve treatment adherence and related outcomes, but its promise as an effective means to reduce serious acts of violence is unknown.
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Swanson, Jeffrey W., Marvin S. Swartz, H. Ryan Wagner, Barbara J. Burns, Randy Borum i Virginia A. Hiday. "Involuntary out-patient commitment and reduction of violent behaviour in persons with severe mental illness". British Journal of Psychiatry 176, nr 4 (kwiecień 2000): 324–31. http://dx.doi.org/10.1192/bjp.176.4.324.
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BackgroundViolent behaviour among persons with severe mental illness (SMI) causes public concern and is associated with illness relapse, hospital recidivism and poor outcomes in community-based treatment.AimsTo test whether involuntary out-patient commitment (OPC) may help to reduce the incidence of violence among persons with SMI.MethodOne-year randomised trial of the effectiveness of OPC in 262 subjects with psychotic or major mood disorders and a history of hospital recidivism. Involuntarily hospitalised subjects awaiting OPC were randomly assigned to release or court-ordered treatment after discharge. Those with a recent history of serious assault remained under OPC until expiry of the court order (up to 90 days); then OPC orders were renewed at clinical/court discretion. Control subjects had no OPC. Four-monthly follow-up interviews with subject, case manager and collateral informant took place and service records were collected.ResultsA significantly lower incidence of violent behaviour occurred in subjects with ⩾6 months' OPC. Lowest risk of violence was associated with extended OPC combined with regular out-patient services, adherence to prescribed medications and no substance misuse.ConclusionsOPC may significantly reduce risk of violent behaviour in persons with SMI, in part by improving adherence to medications while diminishing substance misuse.
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Calder, Avril. "The Future of Youth Justice: The Government's Legislative Proposals". Child Psychology and Psychiatry Review 3, nr 3 (wrzesień 1998): 135–38. http://dx.doi.org/10.1017/s1360641798211658.
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This conference was held in Central London in January 1998 and organised jointly by The British Juvenile and Family Courts Society (BJFCS) and The National Association for the Care and Resettlement of Offenders, at which the keynote speaker was The Rt. Hon. Jack Straw MP, the Home Secretary. Important contributions were also made by no fewer than nine members of the Government's Task Force set up in May last year to examine the future of the Youth Courts — a task which, in my opinion as a Youth Court magistrate since 1978 and past chairman of the BJFCS, was ripe for attention. The conference was attended by 300 delegates representing a wide range of professionals involved with young people and the courts.The Home Secretary's opening words emphasised both the timeliness, in view of the Crime and Disorder Bill going through Parliament, and the importance of the conference because of the widely held view that the system was failing. In addition a consultation process was taking place to look at longer-term reform of the Youth Court. The Home Secretary spelled out that too little is done when children start to offend to ‘intervene positively’ in their lives; repeat cautions are used ineffectively; re-offending continues on bail; and there is a lack of supervised community-based programmes aimed at making young people take responsibility for their behaviour, make amends, and change. He drew attention to the disjointed system of both custodial facilities and orders that need to be overhauled. Finally he pointed out that there is a lack of a national strategy.
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Helmi, Muhammad. "PENEMUAN HUKUM CERAI GUGAT OLEH HAKIM PADA PENGADILAN AGAMA BERDASAR PARADIGMA POST-POSITIVISME". Asy-Syari'ah 23, nr 2 (2.09.2022): 261–78. http://dx.doi.org/10.15575/as.v23i2.15001.
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This study aims to guide judges to the Religious Courts in realizing substantive justice about divorce decisions. Based on the Presidential Instruction on the Compilation of Islamic Law and the books of fiqh, if the wife filed for divorce, then she did not get a living from the ex-husband. However, there is a rule of a Supreme Court Circular, the rule is a wife filed for divorce, but she got a living from her ex-husband except for nusyus. The method is normative juridical with a paradigmatic study of Guba and Lincoln. In the ontology of the postpositivism paradigm, the judge views reality as imperfect rules. Therefore, the judge is obliged to explore the laws that live in the community. Epistemology is a rule that has limitations so that it adapts to situations and conditions, but judges must remain objective. The methodology goes from verification to falsification. Because the judge needs to criticize and falsify the injustice that occurs at trial for the wives, for example, the husband of a civil servant feels that he is difficult by the rules, so he orders his wife to sue for divorce which results in not getting a living from her ex-husband
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Hofmann, Mahulena, i Martin Faix. "Der Einfluss und die Stellung des Völkerrechts in den Verfassungssystemen einiger ost- und Mitteleuropäerfassungssystemen Einiger Ost- und Mitteleuropäischer Transformationsstaaten". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, nr 3 (26.06.2017): 40. http://dx.doi.org/10.17159/1727-3781/2008/v11i3a2767.
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Some twenty years ago, the importance of international law, particularly for practical purposes, could be described as marginal in national legal orders in the socialist Central and Eastern European (CEE) Countries. The main reason for this was the dualist approach in regard to international law. Fundamental political and economic changes, such as the Velvet Revolution in Czechoslovakia, marked the end of the cold war and the beginning of a transition process. The changes in national legal orders have been accompanied by substantial modifications in the area of constitutional law, mostly resulting in the adoption of entirely new or radically modified constitutions. This is true also for the Czech Republic, Slovakia, Poland and the Russian Federation. One of the most remarkable common characteristics of the new constitutions of the CEE countries is the shift from a dualistic approach to a broad openness to international law. Despite this common feature the manifestation of this openness cannot be regarded as uniform – the methods used by states to deal with international law and to ensure the conformity of the domestic legal order with their international obligations vary. The common denominator of the constitutional orders under review is the fact that the rules of international law are considered to be a part of their national legal orders. General provisions concerning the relationship between national law and international law can be found in the Czech, Russian and Polish constitutions, but not in the Slovak constitution. The common feature of all four constitutional texts is that they take a clear position on the status of treaties, stipulating conditions (approval by parliament, promulgation, etc) under which a treaty or certain categories of treaties (eg as listed by Article 49 of the Czech Constitution) will be considered to be part of the national legal order, as well as the hierarchical status of treaties in the case of a conflict with national law. In all four countries under consideration, the rank of treaties lies between the level of the Constitution and that of ordinary parliamentary statutes. The situation is considerably different in regard to the role of customary international law: only the Russian Constitution includes not only treaties but also customary international law in the legal order. Nevertheless, Slovak, Czech and Polish constitutional provisions stipulate the commitment of the states to fulfil their obligations under international law, including customary international law. Even though legally binding, these provisions are not identical with general provisions incorporating certain categories of international law as stated above. The openness to international law is demonstrated also by the inclusion of provisions pursuant to which states can transfer certain powers to international organizations. (Such provisions were included in the constitutions of e.g. Slovakia, Poland and the Czech Republic in the context of their integration into the EU for the purpose of ensuring the direct application of Community law.) Thus, if considering the formal openness to international law, a high degree of willingness to open the domestic legal orders to international law can be discerned in the constitutional systems of the states under review. However, the extent of constitutional provisions on the relation of a particular state to international law does not necessarily strengthen its application in practice, as can be observed in the legal order of the Russian Federation. When determining the factual status of international law and its incorporation in the domestic legal orders of the CEE countries, the judicial practice of national courts is of great importance, in particular the judicial practice of constitutional courts. The question of the role of international law in the decisions of constitutional courts appears to be even more interesting because of the fact that implementation of constitutional jurisdiction belongs to one of the most important innovations of CEE transition countries after the end of the cold war. Their broad competencies in respect to international law can be seen as an additional indicator of the openness of their legal orders towards supranational legal rules. International law plays an important role not only as a subject of judicial review but also as a criterion of constitutionality applied in national procedures before the constitutional courts. The extensive jurisprudence of national constitutional courts based on international law is to a large extent characteristic of the CEE Countries. Their constitutional courts often rely on international law, especially human rights, when reviewing the constitutionality of domestic acts. This underlines the fact that general constitutional provisions on international law do not remain only a ‘dead letter.’ However, when demonstrating their openness towards international law, constitutional courts sometimes exceed the limits of their competences, as can be observed e.g. in the case of the Czech Constitutional Court. (Despite the fact that the changes introduced by the Constitution in 2001 caused it to lose the competence to use international law as a criterion for its decisions, the Court continued to base its decisions partly on international law.) Generally it can be argued that the acceptance of international law is remarkably high in the legal orders of the countries under review – in particular when taking into consideration the relatively short time which was needed not only to formally ensure the role of international law, but also to ensure its implementation in practice, most notably in the judicial practice of constitutional courts. This does not mean, however, that there are no difficulties which have to be solved in the future. The application of customary international law by national courts is an example of this. However, the opening of national legal systems of the formerly totalitarian states towards international law has undoubtedly had a positive influence on the process of their transformation towards the rule of law.
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Mazzeschi, Riccardo Pisillo. "ACCESS TO JUSTICE IN CONSTITUTIONAL AND INTERNATIONAL LAW: THE RECENT JUDGMENT OF THE ITALIAN CONSTITUTIONAL COURT". Italian Yearbook of International Law Online 24, nr 1 (22.10.2015): 7–23. http://dx.doi.org/10.1163/22116133-90000070a.
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In its judgment No. 238/2014 the Italian Constitutional Court, whilst appearing to show respect for the ICJ’s 2012 judgment in Jurisdictional Immunities of the State, makes notable criticisms of that judgment and insists on its own role in the progressive development of international law in the field of State immunity. In particular, the main legal argument of the Constitutional Court, based on the fundamental and inviolable character of the right of access to justice in constitutional law, can also be used, although modified to some extent, in international law. The Court’s argument can also resolve the possible conflict between the international norm of State immunity, on the one hand, and the international norms on fundamental human rights and access to justice, on the other. The present contribution seeks to demonstrate that: (a) the right of access to justice and the connected right to reparation for violations of fundamental human rights are established by two customary international norms; (b) there is a potential conflict between these norms and the norm of State immunity; (c) this conflict becomes real and concrete when the limits on access to justice and reparation laid down by immunity are unjustified in accordance with the rule of “equivalent protection”; and (d) the solution to that conflict derives from the normative superiority of the customary norms on access to justice and reparation (being peremptory in nature when functionally linked to the violation of fundamental human rights) over the norm of State immunity. The judgment of the Constitutional Court, utilizing legal reasoning that can also translate to the level of international law, demonstrates that osmosis may occur between the arguments used in constitutional and international law, and that today there is growing interaction between the domestic and international legal orders and their common values. The law of human rights, placed at the very center of the Constitutional Court’s judgment, is the field in which this community of values emerges most clearly.
Rozprawy doktorskie na temat "Community-based court orders"
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Gurtner, Skye. "An analysis of the appropriateness of community-based orders for women appearing in the Brisbane Magistrates Court 1998-1999". Thesis, Queensland University of Technology, 2002. https://eprints.qut.edu.au/36904/1/36904_Gurtner_2002.pdf.
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Whilst community-based programs can offer credible sentencing alternatives to imprisonment, it is of critical importance that these community-based corrections programs are truly diversionary. Community-based orders, whilst addressing their offending behaviour, also need to cater for the needs and unique circumstances of women. This research paper analyses the appropriateness of community-based orders for women, drawing upon principles of substantive equality. Substantive equality is based on the notion that equality will be achieved by ensurif')g the impact of laws is fair. It is not only necessary to merely create equality of access and opportunity but to ensure equality of result. Thus, women should be given the opportunity to successfully complete CommunityBased Orders when they may not have previously been given the opportunity to do so due to the unique circumstances specific to women, like pregnancy. This means that, different treatment may be required to achieve real fairness in outcome. As part of this analysis, community-correctional officers and magistrates are approached to garner their views and perceptions of women on community-based orders, including difficulties in sentencing and experiences whilst on community-based orders. This thesis concludes with some recommendations to address the difficulties women experience in completing a community-based order to ensure equality of result, not just equality of opportunity are explored.
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Denning, Rebecca, i n/a. "From Policy To Practice: A Study of the Queensland Youth Justice Service: Policy, Implementation and Outcomes for Young Offenders". Griffith University. School of Criminology and Criminal Justice, 2006. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20070112.120302.
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This thesis employs a broad evaluative framework to examine the impact of the Youth Justice Service (YJS) on the post-intervention offending behaviour of young people on community-based court orders. The YJS is a Queensland government policy initiative that aims to monitor compliance with community-based court orders, and identify and address causes of criminal behaviour. The evaluative framework views policy, implementation and impact as distinct but related dimensions of intervention. Reflecting this framework, three primary research questions are addressed: (1) Does the YJS concept represent a goal-directed, theoretically-informed, executable and assessable juvenile crime prevention policy?, (2) Is the YJS concept realised through service delivery?, and (3) What is the effect of the YJS on future offending behaviour? Three studies, employing qualitative and quantitative methods, examined these questions. Study one examined the YJS concept, drawing on some key themes from literature on policy development and implementation, developmental and life-course criminology and developmental crime prevention. This study synthesised key policy and procedure documents around six themes, including (1) rationale, (2) goals, (3) theory, (4) service delivery model, (5) method of operation, and (6) key performance indicators. Findings indicated that the YJS concept represents only marginal adjustments from the traditional Area Office (AO) model of service delivery, and integrates few new preventative mechanisms that would foreseeably lead to change at the operational level. Moreover, it suffers from goal ambiguity, fails to incorporate some key components of best-practice crime prevention that have proven successful when working with at-risk young people, lacks sufficient process-level specificity to ensure treatment fidelity, and places heightened importance on measuring impacts that have political value rather than benefits for the clients. In the second study, an in-depth case study of the Logan Area Youth Justice Service (LAYJS) was conducted to explore how the YJS operated in reality, and as compared with the policy directive. Information was drawn from a variety of sources including interviews with staff and clients, policy and procedure documents, direct observation, case management files and staff-researcher interaction. Evidence suggested that the LAYJS was focused primarily on ensuring compliance with court orders. Several organisational factors, such as staff workloads, the statutory basis for monitoring compliance, and the capacities of staff, have meant that comparatively little attention has been directed at addressing offending behaviour. For the most part, the LAYJS employs an individualised case management process, as distinct from the collaborative, team-based model that is prescribed in the YJS concept. Caseworkers have little faith in their ability to bring about positive behavioural change in their clients, and subsequently transferred the responsibility for intervention outcomes to the client. While acknowledging the importance of families in preventing offending, caseworkers emphasised that a number of organisational tensions have prevented them from engaging families in the case management process. The final study examined the impact of the YJS on post-intervention offending, controlling for developmental risk factors and key features of the intervention process. A random sample (N=190) of clients from three YJS offices and three AOs was drawn from the population of clients who had active community-based court orders between June 1999 and December 2002. Information from Department of Communities' case management files and rearrest data from the Queensland Police Service were entered into a purpose-designed database, and analysed using bivariate and multivariate methods including logistic regression and survival analysis. High proportions of missing data on non-statutory variables suggested poor record management practices, or alternatively that operational staff do not understand the role of developmental risk and/or protective factors and social contexts in preventing offending behaviour. Results indicated that the YJS was no better than the AO at preventing recidivism, as measured at 18-months post-intervention, even after controlling for risk factors that were significantly related to recidivism. The analyses found that some unmeasured variation in service delivery, even within service types, did impact upon recidivism, supporting the hypotheses of the first study and the contention that variation in intervention practice can influence offending behaviour. The likelihood of recidivism was increased if the client was using drugs or was influenced by delinquent peers, and decreased if he stayed in school until years 11 or 12, or where caseworkers addressed familial problems. This provides some sense of programs that may be appropriate for young offenders in the context of a community-based program. It also highlights the critical importance of incorporating families into case management, not only for the purpose of providing information, but also as viable targets of intervention. Survival analyses indicated that the YJS might have had some temporary deterrent effect, although this effect had dissipated by 18-months post-intervention. This result may reflect the increased focus on ensuring compliance with court orders as found in the LAYJS case study. However, given the hypothesis that the lack of process direction will result in variable practices across offices, it cannot be assumed that all YJSs place equal importance on compliance. Overall, findings suggest that the promise that the YJS would provide an innovative model of service delivery and generate improved outcomes for young offenders has not been realised. This research has added further weight to the perspective that examines both the individual and combined impact of theory, policy and implementation for measuring client outcomes. Deficits in any of these components ultimately have a ripple effect, making it difficult to achieve the predetermined goals of the policy at the operational level.
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Denning, Rebecca. "From Policy To Practice: A Study of the Queensland Youth Justice Service: Policy, Implementation and Outcomes for Young Offenders". Thesis, Griffith University, 2006. http://hdl.handle.net/10072/366453.
Pełny tekst źródłaStreszczenie:
This thesis employs a broad evaluative framework to examine the impact of the Youth Justice Service (YJS) on the post-intervention offending behaviour of young people on community-based court orders. The YJS is a Queensland government policy initiative that aims to monitor compliance with community-based court orders, and identify and address causes of criminal behaviour. The evaluative framework views policy, implementation and impact as distinct but related dimensions of intervention. Reflecting this framework, three primary research questions are addressed: (1) Does the YJS concept represent a goal-directed, theoretically-informed, executable and assessable juvenile crime prevention policy?, (2) Is the YJS concept realised through service delivery?, and (3) What is the effect of the YJS on future offending behaviour? Three studies, employing qualitative and quantitative methods, examined these questions. Study one examined the YJS concept, drawing on some key themes from literature on policy development and implementation, developmental and life-course criminology and developmental crime prevention. This study synthesised key policy and procedure documents around six themes, including (1) rationale, (2) goals, (3) theory, (4) service delivery model, (5) method of operation, and (6) key performance indicators. Findings indicated that the YJS concept represents only marginal adjustments from the traditional Area Office (AO) model of service delivery, and integrates few new preventative mechanisms that would foreseeably lead to change at the operational level. Moreover, it suffers from goal ambiguity, fails to incorporate some key components of best-practice crime prevention that have proven successful when working with at-risk young people, lacks sufficient process-level specificity to ensure treatment fidelity, and places heightened importance on measuring impacts that have political value rather than benefits for the clients. In the second study, an in-depth case study of the Logan Area Youth Justice Service (LAYJS) was conducted to explore how the YJS operated in reality, and as compared with the policy directive. Information was drawn from a variety of sources including interviews with staff and clients, policy and procedure documents, direct observation, case management files and staff-researcher interaction. Evidence suggested that the LAYJS was focused primarily on ensuring compliance with court orders. Several organisational factors, such as staff workloads, the statutory basis for monitoring compliance, and the capacities of staff, have meant that comparatively little attention has been directed at addressing offending behaviour. For the most part, the LAYJS employs an individualised case management process, as distinct from the collaborative, team-based model that is prescribed in the YJS concept. Caseworkers have little faith in their ability to bring about positive behavioural change in their clients, and subsequently transferred the responsibility for intervention outcomes to the client. While acknowledging the importance of families in preventing offending, caseworkers emphasised that a number of organisational tensions have prevented them from engaging families in the case management process. The final study examined the impact of the YJS on post-intervention offending, controlling for developmental risk factors and key features of the intervention process. A random sample (N=190) of clients from three YJS offices and three AOs was drawn from the population of clients who had active community-based court orders between June 1999 and December 2002. Information from Department of Communities' case management files and rearrest data from the Queensland Police Service were entered into a purpose-designed database, and analysed using bivariate and multivariate methods including logistic regression and survival analysis. High proportions of missing data on non-statutory variables suggested poor record management practices, or alternatively that operational staff do not understand the role of developmental risk and/or protective factors and social contexts in preventing offending behaviour. Results indicated that the YJS was no better than the AO at preventing recidivism, as measured at 18-months post-intervention, even after controlling for risk factors that were significantly related to recidivism. The analyses found that some unmeasured variation in service delivery, even within service types, did impact upon recidivism, supporting the hypotheses of the first study and the contention that variation in intervention practice can influence offending behaviour. The likelihood of recidivism was increased if the client was using drugs or was influenced by delinquent peers, and decreased if he stayed in school until years 11 or 12, or where caseworkers addressed familial problems. This provides some sense of programs that may be appropriate for young offenders in the context of a community-based program. It also highlights the critical importance of incorporating families into case management, not only for the purpose of providing information, but also as viable targets of intervention. Survival analyses indicated that the YJS might have had some temporary deterrent effect, although this effect had dissipated by 18-months post-intervention. This result may reflect the increased focus on ensuring compliance with court orders as found in the LAYJS case study. However, given the hypothesis that the lack of process direction will result in variable practices across offices, it cannot be assumed that all YJSs place equal importance on compliance. Overall, findings suggest that the promise that the YJS would provide an innovative model of service delivery and generate improved outcomes for young offenders has not been realised. This research has added further weight to the perspective that examines both the individual and combined impact of theory, policy and implementation for measuring client outcomes. Deficits in any of these components ultimately have a ripple effect, making it difficult to achieve the predetermined goals of the policy at the operational level.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Criminology and Criminal Justice
Full Text
Książki na temat "Community-based court orders"
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Ziccardi Capaldo, Giuliana, red. The Global Community Yearbook of International Law and Jurisprudence 2019. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197513552.001.0001.
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The 2019 edition of the Global Community Yearbook of International Law and Jurisprudence both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to international courts of human rights (ECtHR, IACtHR, ACtHPR), to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: a judicial knowledge-sharing process as a tool for courts working together in a universal constitutional structure; the key insights emerging from the Global Environment Outlook-6, and the progress that has been made in international environmental law; the role of human rights treaty monitoring bodies in the international legal order; and an examination of the consequences of the UN Compact for Safe, Orderly and Regular Migration on international law. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals.
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Broyde, Michael J. Sharia Tribunals, Rabbinical Courts, and Christian Panels. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190640286.001.0001.
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This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and regulate religious arbitration, including those from Rabbinical Courts, Sharia Tribunals, and any faith-based arbitration tribunals. It covers the history of religious arbitration, the kinds of faith-based dispute resolution models currently in use, how the law should perceive them, and what the role of religious arbitration in the United States should be. Part I examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part II looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards under the Federal Arbitration Act. Part III weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration, particularly in family law matters such as divorce. Part IV examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration that are properly limited is good for any pluralistic democracy inhabited by diverse faith groups.
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Tripkovic, Bosko. The Metaethics of Constitutional Adjudication. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808084.001.0001.
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The book explores the metaethical foundations of value-based arguments in constitutional adjudication. The argument develops in four steps. First, the book identifies three dominant types of value-based arguments in comparative constitutional practice: the arguments from constitutional identity, common sentiment, and universal reason. Second, it examines the assumptions about the nature of moral value implicit in these arguments and subjects them to a critique. The book maintains that these arguments presuppose inadequate conceptions of value and fail as self-standing approaches to moral judgment. Third, the book develops an account of moral value and explains its practical consequences. It argues that a credible understanding of value suggests that the appropriate moral judgment emerges from the dynamics between practical confidence, which denotes the inescapability of the self and evaluative attitudes it entails, and reflection, which denotes the process of challenging and questioning these attitudes. Fourth, departing from this conception of value, the book reconstructs the existing value-based arguments of constitutional courts. It applies the notions of confidence and reflection to constitutional reasoning and shows how the arguments from constitutional identity, common sentiment, and universal reason can be combined to refashion the moral perspective of a constitutional court so that it coheres with a sound understanding of value. The book argues that the moral inquiry of the constitutional court ought to depart from the emotive intuitions of the constitutional community and then challenge these intuitions through reflective exposure to different perspectives in order to better understand and develop the underlying constitutional identity.
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Volpp, Serena Yuan, i Patrick Runnels. Adults with Serious Mental Illness. Redaktor Hunter L. McQuistion. Oxford University Press, 2017. http://dx.doi.org/10.1093/med/9780190610999.003.0013.
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The clinician’s goal for every adult with serious mental illness should be recovery, moving beyond symptom control toward the promotion of an individual’s functioning, autonomy, and sense of purpose. This chapter highlights some of the nonpharmacological, evidence-based practices that have been shown to further recovery for adults with serious mental illness. The case-based discussion highlights illness management, supported employment, supported housing, assertive community treatment, mobile crisis teams, cognitive–behavioral therapy for psychosis, peer support, and clubhouses as best practice models of care. Strategies to enhance medication adherence are discussed. The use of court-ordered assisted outpatient treatment as a strategy to prevent hospitalizations is also explored.
Części książek na temat "Community-based court orders"
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Resnick, Phillip J. "Stalking Risk Assessment". W Stalking. Oxford University Press, 2007. http://dx.doi.org/10.1093/oso/9780195189841.003.0010.
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This chapter examines the frequency of recidivism, threats, and violence in male and female stalkers. The risk factors associated with ordinary violence are distinguished from the risk factors for severe violence and homicide in stalkers. Common risk factors for ordinary violence among stalkers include substance abuse, prior criminal offenses, making threats, suicidality, and a prior intimate relationship to the stalking victim. Risk factors for stalkers committing severe violence or homicide include appearing at the victim’s home, prior violence, major depression, threats to harm the victim’s children, and placing threatening messages on the victim’s car. Celebrity stalkers have a different set of risk factors for violence. Distinctions are made between those stalkers who make threats and those who pose threats, and between affective and predatory violence by stalkers. The overlap between domestic violence and stalking is explained. An approach to evaluating stalking situations for dangerousness is offered. Increased vigilance is necessary when events humiliate or anger the stalker. Finally, the chapter discusses how to assess threats by stalkers and when to consider seeking restraining orders. Stalking and violence are two separate phenomena, but they often occur together. Because stalking is defined as a pattern of harassment that induces fear of harm in the victim, it is not surprising that some stalking victims are indeed violently assaulted by their stalkers (Meloy, 2002). The science of assessing stalkers for violence risk is still in its infancy. Because stalking has been defined as a crime for only the last approximately 15 years, a limited number of research studies regarding stalking and violence have been completed. The majority of early studies were based on referrals to court psychiatric clinics. These studies had an overrepresentation of subjects with mental illness and were more often serious cases than random stalking in the community. Of the adult participants in the National Violence Against Women Survey (NVAWS) whose experiences fulfilled their criteria of stalking, only 55% of women and 48% of men reported their experiences to the police (Tjaden & Thoennes, 1998, 2000a).
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Poisot, Eduardo Ferrer Mac-Gregor. "INTRODUCTORY NOTE". W The Global Community Yearbook of International Law and Jurisprudence 2019, 631–46. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197513552.003.0028.
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During 2018, the Inter-American Court of Human Rights issued twenty-one judgements in contentious cases, seven interpretations of previous judgements, nineteen orders on provisional measures, and one advisory opinion. The Court developed case law on several topics such as forced disappearance, crimes against humanity, violence against women, political rights, the right to work, and the right to health and, for the first time, established a state’s responsibility for violation of the principle of progressivity. We should also emphasize the new inter-American standards in relation to the mechanism of asylum and its recognition as a human right, to pardons, and to the obligation of enhanced due diligence and special protection in investigations and criminal proceedings based on sexual violence against children and adolescents, as well as state responsibility for acts of sexual torture by a non-state agent.
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Bois-Pedain, Antje du. "Constructive Sentencing through Custody-Avoiding Sanctions". W Crime, Justice, and Social Order, 209—C10.N22. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192859600.003.0010.
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Abstract In recent years, sentencing innovations that permit courts to impose what one may think of as ‘bespoke’ sentences, which have the future-oriented objective of helping the offender stay away from crime, have received renewed attention from scholars and policy-makers alike. Such sentencing options are often of greatest interest when they can reduce reliance on imprisonment. But that is also where concerns regarding fairness between offenders, public acceptability of sentencing outcomes, and limitations on effective guidance come to the fore. Tony Bottoms has regularly engaged with issues raised by probation, suspended sentences and other community-based disposals, most recently in a journal article analysing the role of the concept of ‘punishment’ in non-custodial sentences. This chapter takes up the twin challenges of providing a coherent penal–theoretical conceptualisation of custody-avoiding sentencing options and integrating these options into a comprehensive theory of criminal punishment capable of underpinning constructive sentencing practices.
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Patricia, O’Brien. "Reinvesting in People and Communities". W Anti-Oppressive Social Work Practice and the Carceral State, 207—C10.P123. Oxford University PressNew York, 2022. http://dx.doi.org/10.1093/oso/9780190076757.003.0010.
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Abstract This chapter focuses on formerly incarcerated and convicted people’s challenges in reentry and under community correctional control. It examines the consequences of the carceral state in the communities that formerly incarcerated and convicted people come from and return to as workers, parents, partners, and neighbors. It describes the many restrictions of probation and parole and the benefits and risks of court-ordered community-based treatment programs for those living with mental illness and substance use disorders. This chapter offers strategies for anti-oppressive social work practice through a lens of desistance, resilience, and community-driven accountability processes. It offers avenues to rebuild community well-being through decriminalization and reinvestment guided by lived experiences in the carceral state.
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Filtz, Erwin, María Navas-Loro, Cristiana Santos, Axel Polleres i Sabrina Kirrane. "Events Matter: Extraction of Events from Court Decisions". W Frontiers in Artificial Intelligence and Applications. IOS Press, 2020. http://dx.doi.org/10.3233/faia200847.
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The analysis of court decisions and associated events is part of the daily life of many legal practitioners. Unfortunately, since court decision texts can often be long and complex, bringing all events relating to a case in order, to understand their connections and durations is a time-consuming task. Automated court decision timeline generation could provide a visual overview of what happened throughout a case by representing the main legal events, together with relevant temporal information. Tools and technologies to extract events from court decisions however are still underdeveloped. To this end, in the current paper we compare the effectiveness of three different extraction mechanisms, namely deep learning, conditional random fields, and rule-based method, to facilitate automated extraction of events and their components (i.e., the event type, who was involved, and when it happened). In addition, we provide a corpus of manually annotated decisions of the European Court of Human Rights, which shall serve as a gold standard not only for our own evaluation, but also for the research community for comparison and further experiments.
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Waseem, Mubarak A. "Citing Religious Texts in Individual Opinions to Judgments of the International Court of Justice". W Identity and Diversity on the International Bench, 263–79. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198870753.003.0014.
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This chapter explores, through a survey of individual Separate and Dissenting Opinions, the treatment of religious texts within the International Court of Justice (ICJ) and provides an argument for their continued usage. In order to maintain its legitimacy, the ICJ is under an obligation to serve the international community and its principles, in all their variety. International law is already, at least in part, based on natural law as reflected in religious texts. The answer to the central question, whether the Court’s judges should be more willing or more hesitant to express their own identity through citing religious texts, depends on one’s view of the role of the Court. If we view the ICJ as a quasi-arbitral forum for the clinical resolution of disputes, the answer to this question is probably negative. But this chapter argues that the Court ought to be viewed as an apex forum for a truly international legal order, one that is geographically, religiously, and culturally diverse, and whose legal concepts are the result of long and storied histories, and as such, the expression of religious identity has a place in the corpus of the living law.
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Capaldo, Giuliana Ziccardi. "Towards a “Judicial Knowledge-Sharing Dialogue”—A Methodological Pilot Project to Interpret and Disseminate Global Law". W The Global Community Yearbook of International Law and Jurisprudence 2019, 13–24. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780197513552.003.0002.
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Judicial dialogue has to be improved because of the continuous globalization and because constitutional principles formulated on the global level are often unknown to national judges. The author presents an alternative proposal to the traditional model(s) of dialogue between courts that she calls “judicial knowledge-sharing dialogue.” The chapter explains how, in order to better understand the complex nature of the global law system and disseminate information and content, international courts should attain a genuine dialogue with domestic courts as a way to interpret and share knowledge of global principles. This chapter launches a pilot project for a judicial knowledge-sharing process inspired by basic principles and concepts of knowledge management, based on a combination of three crucial activities: interpreted information—knowledge dissemination—effective action. It argues that a sharing knowledge through dialogue is a better tool for courts working together to develop a truly universal constitutional structure of the global community, for the purpose of strengthening the protection of fundamental rights and commons.
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Grundy, Pamela. "Busing". W Color and Character. University of North Carolina Press, 2017. http://dx.doi.org/10.5149/northcarolina/9781469636078.003.0004.
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Covers the political and social turmoil created as Mecklenburg County struggled with implementing the Swann desegregation order, which required extensive cross-town busing and which was unanimously upheld by the Supreme Court in 1971. Charts the devastating impact of the closing of African American schools, particularly Second Ward High School, in the wake of desegregation mandates. Details the challenges faced by African American teachers and students who were reassigned to historically white schools. Lays out the devastating effects of "urban renewal," which demolished the city's downtown black communities. Tells the story of the interracial, community-based coalition that solved the busing conflict by crafting a plan that ensured that students from all of the county's communities would fully participate, and assigned the children of politically powerful families to West Charlotte.
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Crowe, Richard. "The Union Budget". W Specialized Administrative Law of the European Union. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198787433.003.0022.
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The budget of the European Union is, in many respects, an innovative transnational public finance experiment. The transition to a system of own resources in the 1970s marked an attempt to push beyond the traditional model for financing international organizations (through ‘national contributions’ from the budgets of the participating states) to establish an autonomous European budgetary order that would complement the ‘new legal order’ of Community law. Expectations may not have been fully realized in that regard, but today’s Union does enjoy a level of budgetary autonomy far exceeding that accorded to other treaty-based organizations. On the expenditure side, over 94 per cent of the budget is invested in common European policies, and it performs transnational redistributive functions in certain policy sectors. Moreover, the institutional framework for the establishment and control of the budget includes particular features, such as a strong parliamentary dimension to decision-making on expenditure and an independent Court of Auditors, that are more characteristic of the budgetary system of a state.
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Ruback, R. Barry. "Policy Implications". W Economic Sanctions in Criminal Justice, 155–86. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190682583.003.0008.
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This last chapter, Chapter 8, looks at larger issues of economic sanctions. Reitz and Klingele, the reporters of the Model Penal Code argued that economic sanctions are unprincipled (they violate legal standards and discriminate against the poor), unsuccessful (they are generally unpaid and, as presently constituted, do not meet the purposes of sentencing), and are unending (local and state governments are continuing to impose economic sanctions and other legal financial obligations in order to meet budgetary needs). Also, in the final chapter the author discusses how the existing research can be used to inform policy, particularly regarding questions of whether there should be different types of economic sanctions, what those types should be, and what amounts of economic sanctions should be imposed. These policy arguments are based on the assumption that the law and courts should be concerned about victims, offenders, and the community.
Streszczenia konferencji na temat "Community-based court orders"
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Koshelev, Anton, i Ekaterina Rusakova. "ELECTRONIC EVIDENCE IN CIVIL PROCEEDINGS IN INDIA". W NORDSCI International Conference. SAIMA Consult Ltd, 2020. http://dx.doi.org/10.32008/nordsci2020/b2/v3/10.
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A significant leap in the development of information technology over the past twenty years has made the global legal community respond to new challenges that have come along with the progress in the digital environment. Together with the convenience of using electronic resources, society has developed a need for a simple and understandable legislative regulation of legal relations arising from the use of computer information technologies and various products of electronic digital activity in order to protect their interests potentially. The concept and types of electronic evidence in civil proceedings in different countries have different meanings. Meanwhile, the regulations of their procedural admissibility and applicability differ. The common thing is the tendency towards an increase in the use of electronic information carriers in court proceedings, increasing importance for establishing specific facts, and the decisive evidentiary role in making decisions by the court. India became one of the first countries to realize the growing level of implementation of Internet technologies, electronic digital storage media, and computer dominance in society and the state's daily life [1] (Artemyeva, Y.A. et al.). The consequence of this understanding was the timely development and implementation of the substantive and procedural bases in evidence law for practical, understandable, and convenient use of electronic evidence in civil proceedings. The article examines the types and procedural status of electronic evidence and analyzes the current legislation and law enforcement practice in the admissibility and application of electronic evidence in civil proceedings in India. The study identifies the existing system of electronic evidence in the legal field of India, the determination of the advantages and disadvantages in the gathering, presentation, research, and evaluation of electronic evidence by the court in civil proceedings, as well as the identification of the procedural order for their provision. The researchers have identified the following tasks to achieve the goals: • to define and research the legislation of India governing the concept, types and procedural order of applicability and admissibility of electronic evidence in civil proceedings in India; • to develop a particular procedural order for the effective use of the institution of electronic evidence in civil litigation in India; • to identify the current trends in the gathering, presentation, research, and evaluation of electronic evidence in India's courts, based on the established judicial practice study. The research methodology is based on general theoretical and scientific methods of cognition, including abstraction and specification, analysis and synthesis, modeling and comparison, and systemic, logical, and functional analyzes. The scientific novelty of the research consists of a comprehensive study of the instruments of legal regulation of the institution of electronic evidence in India's legal field, including regulatory legal acts and judicial precedents, and a consideration of the possibility of applying Indian approaches in the jurisdictions of other countries. The analysis of legislation and jurisprudence regarding electronic evidence in India's civil proceedings was carried out using the synergistic principle of object study, statistical-sequential analysis, and empirical research method. This study's results can be used in lawmaking to develop and improve regulations regarding the procedural status and use of electronic evidence in civil litigation in any country. The reference, citation, and use of this article's conclusions and materials are permissible when conducting lectures and seminars on civil procedure and private international law, research activities, law enforcement practice, and teaching.
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Lidón de Miguel, María, Camilla Mileto, Fernando Vegas i Alicia Hueto Escobar. "Inhabiting and Building la cour: Introduction to the Study of Mossi Verna-cular Architecture from a Gender Perspective". W HERITAGE2022 International Conference on Vernacular Heritage: Culture, People and Sustainability. Valencia: Universitat Politècnica de València, 2022. http://dx.doi.org/10.4995/heritage2022.2022.14851.
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The study of vernacular architecture allows to know a culture through its domestic constructions. It also permits learning from its values to apply them in new architecture. In order to achieve both objectives, it seems pertinent to gain an in-depth knowledge of the reality, something which involves questioning what this traditional habitat means for each member of the community. Gender, as a category of analysis, is applied in a research on the vernacular architecture of the Mossi culture and its transformation, as an initial approach to the study of the role which women have played in relation to this traditional habitat. This analysis was based on a literature review which was subsequently contrasted with data collected during two stays in the village of Baasneere (Burkina Faso) in 2018. The study, which considers the role women have played in the configuration, construction and use of dwellings, shows two opposing aspects of the house: its essence as a setting for tradition-based power relations and a flexible nature capable of easily accommodating change. Finally, the research raises the possibility of investigating how women's relationship with inhabiting and building the house varies with the modernisation of architecture.
Raporty organizacyjne na temat "Community-based court orders"
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MacFarlane, Andrew. 2021 medical student essay prize winner - A case of grief. Society for Academic Primary Care, lipiec 2021. http://dx.doi.org/10.37361/medstudessay.2021.1.1.
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As a student undertaking a Longitudinal Integrated Clerkship (LIC)1 based in a GP practice in a rural community in the North of Scotland, I have been lucky to be given responsibility and my own clinic lists. Every day I conduct consultations that change my practice: the challenge of clinically applying the theory I have studied, controlling a consultation and efficiently exploring a patient's problems, empathising with and empowering them to play a part in their own care2 – and most difficult I feel – dealing with the vast amount of uncertainty that medicine, and particularly primary care, presents to both clinician and patient. I initially consulted with a lady in her 60s who attended with her husband, complaining of severe lower back pain who was very difficult to assess due to her pain level. Her husband was understandably concerned about the degree of pain she was in. After assessment and discussion with one of the GPs, we agreed some pain relief and a physio assessment in the next few days would be a practical plan. The patient had one red flag, some leg weakness and numbness, which was her ‘normal’ on account of her multiple sclerosis. At the physio assessment a few days later, the physio felt things were worse and some urgent bloods were ordered, unfortunately finding raised cancer and inflammatory markers. A CT scan of the lung found widespread cancer, a later CT of the head after some developing some acute confusion found brain metastases, and a week and a half after presenting to me, the patient sadly died in hospital. While that was all impactful enough on me, it was the follow-up appointment with the husband who attended on the last triage slot of the evening two weeks later that I found completely altered my understanding of grief and the mourning of a loved one. The husband had asked to speak to a Andrew MacFarlane Year 3 ScotGEM Medical Student 2 doctor just to talk about what had happened to his wife. The GP decided that it would be better if he came into the practice - strictly he probably should have been consulted with over the phone due to coronavirus restrictions - but he was asked what he would prefer and he opted to come in. I sat in on the consultation, I had been helping with any examinations the triage doctor needed and I recognised that this was the husband of the lady I had seen a few weeks earlier. He came in and sat down, head lowered, hands fiddling with the zip on his jacket, trying to find what to say. The GP sat, turned so that they were opposite each other with no desk between them - I was seated off to the side, an onlooker, but acknowledged by the patient with a kind nod when he entered the room. The GP asked gently, “How are you doing?” and roughly 30 seconds passed (a long time in a conversation) before the patient spoke. “I just really miss her…” he whispered with great effort, “I don’t understand how this all happened.” Over the next 45 minutes, he spoke about his wife, how much pain she had been in, the rapid deterioration he witnessed, the cancer being found, and cruelly how she had passed away after he had gone home to get some rest after being by her bedside all day in the hospital. He talked about how they had met, how much he missed her, how empty the house felt without her, and asking himself and us how he was meant to move forward with his life. He had a lot of questions for us, and for himself. Had we missed anything – had he missed anything? The GP really just listened for almost the whole consultation, speaking to him gently, reassuring him that this wasn’t his or anyone’s fault. She stated that this was an awful time for him and that what he was feeling was entirely normal and something we will all universally go through. She emphasised that while it wasn’t helpful at the moment, that things would get better over time.3 He was really glad I was there – having shared a consultation with his wife and I – he thanked me emphatically even though I felt like I hadn’t really helped at all. After some tears, frequent moments of silence and a lot of questions, he left having gotten a lot off his chest. “You just have to listen to people, be there for them as they go through things, and answer their questions as best you can” urged my GP as we discussed the case when the patient left. Almost all family caregivers contact their GP with regards to grief and this consultation really made me realise how important an aspect of my practice it will be in the future.4 It has also made me reflect on the emphasis on undergraduate teaching around ‘breaking bad news’ to patients, but nothing taught about when patients are in the process of grieving further down the line.5 The skill Andrew MacFarlane Year 3 ScotGEM Medical Student 3 required to manage a grieving patient is not one limited to general practice. Patients may grieve the loss of function from acute trauma through to chronic illness in all specialties of medicine - in addition to ‘traditional’ grief from loss of family or friends.6 There wasn’t anything ‘medical’ in the consultation, but I came away from it with a real sense of purpose as to why this career is such a privilege. We look after patients so they can spend as much quality time as they are given with their loved ones, and their loved ones are the ones we care for after they are gone. We as doctors are the constant, and we have to meet patients with compassion at their most difficult times – because it is as much a part of the job as the knowledge and the science – and it is the part of us that patients will remember long after they leave our clinic room. Word Count: 993 words References 1. ScotGEM MBChB - Subjects - University of St Andrews [Internet]. [cited 2021 Mar 27]. Available from: https://www.st-andrews.ac.uk/subjects/medicine/scotgem-mbchb/ 2. Shared decision making in realistic medicine: what works - gov.scot [Internet]. [cited 2021 Mar 27]. Available from: https://www.gov.scot/publications/works-support-promote-shared-decisionmaking-synthesis-recent-evidence/pages/1/ 3. Ghesquiere AR, Patel SR, Kaplan DB, Bruce ML. Primary care providers’ bereavement care practices: Recommendations for research directions. Int J Geriatr Psychiatry. 2014 Dec;29(12):1221–9. 4. Nielsen MK, Christensen K, Neergaard MA, Bidstrup PE, Guldin M-B. Grief symptoms and primary care use: a prospective study of family caregivers. BJGP Open [Internet]. 2020 Aug 1 [cited 2021 Mar 27];4(3). Available from: https://bjgpopen.org/content/4/3/bjgpopen20X101063 5. O’Connor M, Breen LJ. General Practitioners’ experiences of bereavement care and their educational support needs: a qualitative study. BMC Medical Education. 2014 Mar 27;14(1):59. 6. Sikstrom L, Saikaly R, Ferguson G, Mosher PJ, Bonato S, Soklaridis S. Being there: A scoping review of grief support training in medical education. PLOS ONE. 2019 Nov 27;14(11):e0224325.