Cautioning jurors regarding co-witness discussion: the impact of judicial warnings

Abstract

The research seeks to identify the most common problem areas and associated treatment needs of incarcerated and recently released offenders, to determine the importance of prison-based treatment and to assess the motivation of offenders towards treatment. Interviews were scheduled with representatives of three participant categories: drug-involved incarcerated offenders (n=18), recently released prisoners (n=15) and treatment staff members (n=18), resulting in 1971 statements. Using the qualitative software package WinMAX98, these expressions were categorized in a tree structure, after a codification process of the raw material. The results suggest that there is a difference in opinion between offenders and service providers with regard to the most important problems related to incarceration and re-entry. The findings further indicate that released offenders struggle more often than incarcerated offenders with problems concerning their psychological status. Therefore, the need for continuous through-care and aftercare is apparent, as is the necessity to assess the participants’ support expectancies and their individual needs. Motivating offenders to take part in (prison-based) treatment initiatives and aftercare is a major challenge, which can be accomplished by cooperation and partnerships between the criminal justice system and community-based treatment providers.     

Investigating the relationship between justice‐vengeance motivations and punitive sentencing recommendations

Purpose. The present research investigated the relationship between underlying justice and vengeance motivations and sentencing recommendations made by expert clinicians, semi‐experts, and lay‐people. It was hypothesized that the semi‐experts would recommend significantly different sentence lengths from those recommended by the expert and lay‐person groups, in line with previous research findings. It was also hypothesized that justice and vengeance motivations would be related to punitive sentencing recommendations, and that these would not be the same across the three levels of expertise. Method. An independent groups design was utilized in the main analysis, with participants belonging to three distinct levels of clinical experience (experts, semi‐experts, and lay‐people). A questionnaire was administered, with participants being measured on levels of justice and vengeance motivations, and asked to recommend appropriate sentence lengths based on nine separate crime‐scenarios. These covariables were correlated and the correlation coefficients were compared across the three levels of expertise. Results. The former hypothesis was not upheld. Findings do, however, support the latter hypothesis, with the key finding indicating that for both justice and vengeance motivations in punitive judgement, it is the lay‐participants who appear distinct from the experts and semi‐experts. Conclusions. The current findings emphasize that while expert and lay‐person judgements may often appear to be the same, different processes and motivations underlying clinical judgements are occurring at the different stages of expertise. With the differences in the relationships between justice and vengeance motivations and judgements found in the current research, it is argued that expert and lay judgements that appear to be the same are, in fact, distinguishable and are related to quite different underlying motivations and decision‐making processes.     

Medical professionals convicted of accessing child pornography--presumptive lifetime prohibition on paediatric practice? Health Care Complaints Commission v Wingate

Health Care Complaints Commission v Wingate [2007] NSWCA 326 concerns an appeal from the New South Wales Medical Tribunal regarding its findings on professional misconduct outside the practice of medicine in relation to a doctor convicted of possessing child pornography. The latest in a number of cases on this issue in Australia, it highlights the complexity of such decisions before medical tribunals and boards, as well as the diversity of approaches taken. Considering both this case and the recent Medical Practitioners Board of Victoria case of Re Stephanopoulos [2006] MPBV 12, this column argues that Australian tribunals and medical boards may not yet have achieved the right balance here in terms of protecting public safety and the reputation of the profession as a whole. It makes the case for a position statement from Australian professional bodies to create a presumption of a lifetime prohibition on paediatric practice after a medical professional has been convicted of accessing child pornography.     

B. v.R.: Negative sterotypes and women's credibility

(1993) 110 A.L.R. 432 (High Court of Australia).     

The Outer Limits of Copyright Law – Where Law Meets Philosophy and Culture

This article engages in a cultural critique of copyright law. The point is to explain how and why this body of law is culturally exclusive, notwithstanding the claims made by judges and others that the law is culturally open and inclusive. This involves a discussion of the relationship between philosophy and law, and of how this nexus has been misrepresented by the courts and in recent writings on the subject. Analysis centres on a discussion of Australian case law involving indigenous claims of communal ownership of copyright and the treatment of technology when it comes to attributing authorship.     

An unusual case of child head injury by coat hanger*

Traumatic brain injury is the leading cause of morbidity and mortality among children suspected of child abuse. Penetrating cranio-facial injuries are generally rare in the pediatric age group and are caused by both accidental and inflicted mechanisms. We report an unusual case of a 2-year-old female who was admitted to a pediatric emergency room with an industrial stainless steel coat hanger impaled in her skull. Pertinent clinical forensic medicine examination, coupled with home inspection and interviews by the local law enforcement, revealed a horrible episode of domestic violence.