How voluntary must treatment of addicted patients be?

As for each medical treatment the principle of voluntariness also applies to the therapy of drug addicts. Indeed, under current drug influence or in an acute withdrawal situation a free will decision could not be possible. Also an excessive drug consumption over a longer period of time can lead to a severe personality disturbances. But from an--unreasonable--drug abuse one cannot conclude a general inability for making decisions of free will. For this reason the expressed will of the drug addict remains decisive. This applies also to juvenile addicts. Besides, one has to call in the parents as legal representatives. In case of consent to the therapy one should not be very exacting on the internal therapy readiness). It can also be awoken within the course of therapy (therapy to the therapy readiness). In case of a briefing in a withdrawal or penal institution a readiness to therapy is not required. But then there is only a state-obligation to offer therapies; for the single therapeutic measure the right of self-determination of the drug addict is further on valid.     

“You must be joking”: the role of humour in the law classroom

There is a body of literature, including persuasive empirical evidence, linking the use of positive humour in tertiary classrooms with the creation of a relaxed learning environment, student motivation, attendance and engagement as well as positive student evaluations of teacher performance. However, the literature on the use of humour in teaching law is generally limited to anecdotal evidence. Drawing on the literature on using humour in teaching courses that students perceive as “difficult” in other disciplines, in this article we explore the benefits and pitfalls of using humour in the law classroom and provide illustrations of how humour might be used appropriately and effectively in teaching law.     

Student-led law reviews: what every UK law school needs?

In the United States (US) student-run law reviews have long offered students the opportunity to develop their skills as editors and members of a publication team and to engage with new legal research. With law ordinarily taught as a three-year postgraduate degree, these reviews are normally staffed by a postgraduate editorial team. Similar efforts in the United Kingdom (UK) have largely been short-lived. Some venerable academic journals, such as the Cambridge Law Journal, started their lives as student-centred projects, but academics soon assumed control of the process because of the variable quality of undergraduate editing. This false start proved difficult to recover from, but a spate of newly founded student law reviews in the last decade suggests that these publications have increasing traction in UK legal education. This article evaluates the challenges and potential benefits of these efforts to translate US practice into UK law schools in light of the experience of creating and maintaining the North East Law Review, a student-led periodical based at Newcastle University which publishes student-generated content based on high-quality coursework submissions. This process potentially enhances the assessment process, with the student editorial team preparing essays for publication and student authors re-engaging with their work in light of feedback. Publishing such essays furthermore allows all students to benchmark their own work against excellent coursework performance.     

Bargaining for concessions: what information must the employer provide?

Employers faced with the current bleak economic situation increasingly are demanding concessions from the unions representing their employees. Unions faced with such demands are fighting back by requesting confidential information from their employers concerning the need for concessions. In recent years, the scope of the information to which a union may be entitled has been expanded greatly. This article examines recent decisions and suggests some alternatives for avoiding disclosure of information to the union.     

Comprehending disclosure: must patients understand the risks they run?

It is well known that competent patients must be told about the risks of proposed medical procedures. This paper argues that recent professional guidelines and the law of negligence now take matters further by requiring doctors to take reasonable steps in an attempt to ensure that patients understand the risks they are being invited to run, so facilitating meaningful choices and the opportunity to give a properly informed consent.     

Sentencing: Must justice be even-handed?

The question considered is whether a convicted criminal has been treated unjustly if the only reason he receives a much heavier sentence than another criminal convicted of the same crime is that he came before a different judge. The answer offered is that such a criminal would not be treated unjustly. The principle of equality in punishment, properly understood, does not forbid even such gross disparities in sentence (though it also does not require them). The paper discusses the 1978 Model Sentencing and Corrections Act in detail and has important consequences for the current movement to reform punishment to assure just deserts.Work on this paper was supported in part by a Summer Research Grant from Illinois State University, 1981.     

Predictors of job satisfaction among police officers: Does personality matter?

The aim of this research was to enhance the theoretical foundation of job satisfaction within the field of policing. The data were collected through a self-report survey administered to a sample of sworn police officers (N = 87). The primary research question was whether personality characteristics significantly contribute to perceptions of job satisfaction beyond which could be explained through demographic and job characteristic variables. Although results of hierarchical multiple regressions revealed that overall personality measurement added to the variance accounted for in job satisfaction beyond demographic and job characteristic variables, none of the independent personality scales were significant predictors. Overall, results demonstrated that years of experience and the job characteristic factors of autonomy and feedback were the most important predictors of job satisfaction in this sample of police offers. Implications and future directions are discussed.     

Sexually violent predators and civil commitment: is selection evidence based?

Sexual offenses represent an alarming proportion of crimes committed yearly. To address these concerns, several states, including South Carolina (SC), have enacted laws requiring sexually violent predators (SVPs) to be civilly committed to treatment. To date, no published study has examined sexual offenders recommended for treatment in SC. This study used a specially designed statewide database (SC-SVP research database) to determine which offender and offense characteristics were associated with increased likelihood of being recommended for civil commitment. Factors correlated with being more likely to be recommended included: being of a younger age at time of evaluation, prior sex convictions, having related and unrelated victims, a higher number of victims, frequent substance use, and a history of suicide attempts. Prior sex convictions, having both related and non-related victims, and a higher total number of victims align with characteristics associated with sexual recidivism. Frequent substance abuse and a history of suicide attempts do not mirror previous findings regarding sexual recidivism. These findings present new information regarding the civil commitment process of offenders being committed to the SC-SVP treatment program, characterize types of offenders committed to SC-SVP treatment program, and provide a foundation for using a computerized database in conducting sex offender research.     

Chilling Journalism: Can Newsgathering be Harassment or Stalking?

Newsgathering often requires journalists to ask uncomfortable questions or make multiple attempts to talk to unwilling sources. Some journalists have been accused of harassment, even when the plain language of state laws would not classify their actions as criminal conduct. In the rare instances that journalists actually were charged with harassment or subject to protective orders for stalking, district attorneys or judges typically did not allow them to be punished. This study, however, found nine statutes that might be applied to punish newsgathering activities that are neither hounding nor harassing. It also identifies language from statutes that clearly could not be applied to punish newsgathering communications by journalists. The article recommends that prosecutors and judges continue to prevent the application of criminal harassment and stalking laws to newsgathering activities.