Necessity and death: lessons from Latimer and the case of the conjoined twins

The availability of the defence of necessity in cases of homicide is a complex issue in both Canadian and British jurisprudence. This article examines the divergent judicial and academic views and argues that, while necessity may be available for certain kinds of homicide, it should be rejected as a legitimate defence to intentional killings. The author looks closely at two recent cases in which the question arose as to whether or not killing a human being is ever justifiable or excusable on the basis of necessity: the Canadian case of R. v. Latimer and the British case of Re A (Children). The author argues that the approach of the Latimer court is preferable, advancing this position from a number of angles. Underlying rationales for the defence of necessity in Anglo-Canadian jurisprudence are examined, as well as the conceptually similar defence of duress, both at common law and in s. 17 of the Criminal Code. Both of these points are reinforced and analyzed via a discussion of the sanctity-of-life principle in Canadian criminal law. The article makes clear the essential nature of the issues raised in both Latimer and Re A (Children), as they engage fundamental questions of value for our society.     

Implications of twin research for legal issues involving young twins

Twin studies have generated numerous findings that have had substantial impact upon research conducted in psychological and medical science disciplines. Twin research has, however, been underutilized utilized as an information base relevant to decision making in the legal domain. Current empirical knowledge of twins and the various legal issues for which they offer implications are reviewed. Selected case studies of young twins, illustrative of a meaningful relationship between twin research and the legal field, are presented. A research program to further address issues raised by the collaborative efforts of twin investigators and legal experts is proposed.     

Dialogic reverberations: police, domestic abuse, and the discontinuance of cases

This study investigated the social construction of domestic abuse by police officers, specifically in the context of arguments presented to the prosecutor for a decision on whether to proceed with or discontinue the case. Nineteen police files were examined with a particular focus on the MG3, the "Report to Crown Prosecutors for Charging Decision." Access to such sensitive material is usually denied to researchers; therefore, this study offers unusual insights into the treatment of victims and perpetrators of interpersonal violence by the police. Discourse analysis revealed three dominant speech genres: impartiality, credibility, and the "real" victim. These genres separately and in interaction served to construct domestic abuse cases in ways that did not support the victim's account. The "dialogic reverberations" of these findings are discussed and the implications of the work for research and practice are considered.     

American legal education: yesterday and today

This article does not have an abstract     

Physician-assisted suicide: legal and ethical considerations

As medicine's technical limits have become increasingly clear, Americans seem more willing to address end-of-life decisionmaking. A major development during the 1990s was physician assistance in dying: physician-assisted suicide in Michigan, Oregon's Death with Dignity Act, and developments in Europe, most notably The Netherlands. This evolution toward recognizing the appropriateness of assistance in dying raises legal and ethical issues for physicians and healthcare institutions such as nursing facilities and acute care hospitals. These issues include the effects on providers' values systems, the trust between patient and provider, and the "slippery slope" that voluntary, active assistance in dying will become involuntary, active assistance. This Article addresses the policy issues that institutions must confront in a changing environment.     

EU Fraud: institutional and legal competence

This paper will focus on frauds committed against the budget of the European Union. It will consider the role of OLAF (the European Fraud Prevention Office) which is the lead agency in the fight against fraud. It will consider its powers and its capacity to co-ordinate the activities of anti-fraud agencies in twenty seven member states and the constraints which prevent it from operating in a more effective manner. The paper will also consider the role of other transnational bodies such as Eurojust and Europol and will seek to highlight the degree of fragmentation which exists with a multiplicity of actors involved in policing fraud, a fragmented legal approach and the difficulties this presents in policing sophisticated transnational frauds. The effect of EU expansion on this situation will also be examined and the EU anti-fraud efforts of the Czech Republic will be considered in some detail. The paper concludes that the legal system and the institutions are not yet in place to enable such frauds to be adequately policed.

---