Death investigation, the coroner and therapeutic jurisprudence

Death investigation by coroners incorporates elements of the adversarial and the inquisitorial. Coroners function differently from most other judicial officers in the way in which their staff interact with family members of the deceased and in the way in which they increasingly function as public health officials with a prophylactic orientation. Coroners, both before and at inquest, have the potential to have broad-ranging and constructive impacts but also deleterious and counter-therapeutic effects. This article analyses how coronial practice and coronial law and procedural reform have the potential to draw upon the principles of therapeutic jurisprudence,     

Coronial law reform: the new wave

The 2006 Report of the Law Reform Committee of the Victorian Parliament into the Coroners Act 1985 (Vic) is a substantial and visionary document which has the potential to take coronial law reform in important new directions. It draws upon a range of reforms trialled in other jurisdictions, but proposes to consolidate a new role for the coroner as a public health official with a formally acknowledged focus on facilitating avoidance of avoidable deaths. Some of its Shipman-inspired proposals require further consideration but the general tenor of the Report - to recognise the distinctive functions of inquests and their potential to alleviate community concerns, respond to family members' needs and reduce the potential for dangerous conduct--deserves support.     

WHY DID YOU CHANGE YOUR NAME? Name Changing Patterns and the Life Course in Early Modern Japan

Many legal documents of the early modern period of Japan's history contain references to common people changing their personal legal names. This article is a first report of an effort to discover why men changed their names and the social structures behind this behavior. The study uses the population registries of Nishijo village in Central Japan to trace the name changes of men in the village, and the life courses of men who changed their names and of those who did not. It analyzes the relation of name changers to life events, to their family members, and to family structure. Name changing was strongly related to succession to the headship and inheritance in the stem family. In some families, specific names were inherited together with the headship. However, name changing seems to have been more commonly used to mark heirs and eldest sons who did not inherit and thus reveals the maneuvering within families to ensure the capable lineal continuity of the family. Name changing patterns may be an important tool for understanding the development of the stem family.     

Characteristics of young children exposed to violence: the safe start demonstration project

The Safe Start demonstration projects, funded by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) under the first phase of the Safe Start initiative, are primarily designed to influence change at the systems or macrolevels to reduce the incidence of and impact of exposure to violence for children aged birth to 6 years; direct services are also provided to young children and their families who were exposed to violence. The data presented in this article come from 10 communities that submitted data regarding the characteristics of young children exposed to violence to OJJDP. These data represent families who are typically not represented in the databases of state child protective services programs but instead have been identified by domestic violence advocates, early care and education providers, family members, court personnel, police, and other social service personnel as families with young children in need of intervention due to violence exposure.The purpose of this article is to describe the characteristics of young children and their parents who seek help for psychosocial problems related to exposure to family and community violence. Results indicate that one quarter of the children and nearly half of their parents evidenced clinical levels of stress, suggesting the need to intervene at the family level as well as at the individual level when working with young children exposed to violence. The information presented, including the extent of exposure to violence, the multiple types of violence to which children are exposed, the impact of this exposure on young children and their families, and the multiple ways in which families exposed to violence come to the attention of service providers is useful for policy makers and service providers who are interested in breaking the cycle of violence by meeting the needs of the children exposed to violence and their families.     

Victims' Rights, Victims' Expectations, and Law Enforcement Workers' Constraints in Cases of Murder

Research on crime victims and their experiences with the criminal justice system suggests that victims' rights (e.g., victim impact statements) and victims' services (e.g., crime victims' compensation, counseling) have not significantly improved victims' satisfaction with the criminal justice system or their recovery from the crime. Thus, we appear to know little about how to satisfy and assist victims of crime. This study uses the symbolic interactionist perspective to examine victims' experiences with law enforcement workers (e.g., detectives, counselors) with a focus on people who have lost a loved one to murder ("bereaved victims"). The data come from in-depth interviews with thirty-two bereaved victims, seven law enforcement workers, and three crime victims' advocates in Union County (pseudonym). Bereaved victims define the victim role differently from law enforcement workers, creating two main points of conflict with workers: (1) a conflict over their deceased loved one's body, and (2) a conflict over the flow of information in the case. Bereaved victims' frustrations over these conflicts created problems for their recovery. Bereaved victims' efforts to see their deceased loved one's body, guide detectives' investigation, and learn information about the murder and the investigation took a back seat to detectives' interests in protecting the integrity of the investigation and building a strong case for the prosecution. Policy implications are discussed.     

Executive impunity and parallel justice? The United Kingdom debate on secret inquests and inquiries

At the beginning of 2008, the United Kingdom Government rolled into the Counter-Terrorism Bill some controversial proposals to reform coronial inquest processes, namely clauses that would provide for "secret inquests". The provisions were heavily criticised both inside and outside Parliament, and took a rocky passage through both the House of Commons and the House of Lords before eventually being abandoned by the government. In 2009 the government again tried to introduce "secret inquests" with the Coroners and Justice Bill, instead ultimately succeeding in establishing what critics have termed a "parallel" system of justice through provisions around "secret inquiries". This move has been seen as subverting the principles of transparency and open justice in the investigation of contentious deaths. This article examines the government's efforts to introduce "secret inquests" and thereafter "secret inquiries" in the context of the United Kingdom's coronial law and purpose, human rights obligations and the ongoing issues around sensitive intelligence, and examines the clash of laws that gave rise to the controversial proposals.     

A Bridge Too Far? Examining Bridging Assumptions in Common-Space Estimations

While most common-space estimations rely upon members who served in both the House and Senate as “bridges” to scale the remaining members, this assumes that these “bridge members” do not change their preferences when they change chambers. Such an assumption conflicts with standard notions of representation, that is, that legislators’ votes reflect (at least to some degree) the wishes of their constituents. We examine the constancy of this common-space voting assumption by focusing on a subset of House members who move to the Senate: those who come from statewide House districts. Using these members as the bridge actors—and thus bridging by constituency explicitly—in a one-dimensional item response theory model, we find that the standard assumption of chamber switchers in common-space estimations is technically, but immaterially, false. While there are statistically distinguishable differences in House and Senate voting records for chamber switchers, they are not sufficiently large to meaningfully undermine bridging.     

Grass-Roots Activism and the Drunk Driving Issue: A Survey of MADD Chapters

A survey of the local grass roots chapters of Mothers Against Drunk Driving (MADD) revealed that local chapter officers are primarily married, moderately educated, women who are active participants in other community organizations, and are often victims or have had family members killed in auto crashes. The chapter officers of MADD come from the traditional social base of community grass-roots activism and believe they have the support of other community groups. MADD's agenda for local activism resembles a moral crusade in that public awareness and youth education are given high priority in local chapters, with "legal advocacy" and victim assistance activities receiving less emphasis. Finally, chapter officers seem to adhere to a traditional moral belief in individual responsibility in their commitment to public awareness and stiffer penalties as "solutions" to the drunk driving problem.     

Ten Years On, the ‘Three Circle’ Model of Restorative & Transformative Justice: A Tool to Combat Victimization and Recidivism

This paper had its genesis 10 years ago in the authors’ development of a communitarian ‘three circle’ model of restorative and transformative justice for a pilot restorative justice study used with serious and repeat adult offenders appearing in the Magistrates’ Courts in Western Australia. The model was designed in part to place their crimes within a context, something that rarely occurs within the mainstream adversarial criminal justice system in Australia. The model was primarily designed to provide victims of crime with the best outcome and offenders with the opportunity to provide apology and restitution, as well as take responsibility for their actions. The three circles, each including two facilitators, are: Circle 1: consists of the perpetrator who has pleaded guilty to a specified criminal act together with his/her family and/or friends; Circle 2: consists of the victim(s) of the crime together with their family and/or friends. Circle 3: consists of a combination of the first two circles, tasked to seek, if possible, a mutually agreeable resolution that culminates in a report to present to the Magistrate in court to use in mitigation of sentencing. Importantly, although the 30-month study had socially and economically significant results, 10 years after its completion there is still no restorative justice program in the adult courts in Western Australia. Because of this, the authors also set out to question the state government’s motivation in largely ignoring this successful process.     

Family Support Groups for family members of mentally ill offenders: a pilot study

To date, there is a lack of family interventions for family members of persons with a mental illness who offended (PMIO). With the aim of addressing this issue, a Family Support Group (FSG) has been developed. The current pilot study investigated the impact of two pilot FSGs for family members of PMIO in relation to quality of life, burden, coping strategies, and resilience. Family members completed several questionnaires (i.e. WHOQOL-BREF, ZBI-22, CERQ, RS-nl) both before and after the group intervention. A total of 20 family members participated in both FSGs. The results indicated that participants experienced less self-blame, a decrease in loss of control over their lives, and improved emotional well-being. The findings showed that attending an FSG can be empowering for family members as it offers support in the management of emotional experiences and coping strategies.     

Evaluating the work of Australia's Family Relationship Centres: Evidence from the first 5 years

Family Relationship Centres (FRCs) have been described as a centerpiece of Australia's 2006 family law reforms. This paper places these centres in the larger context of the reforms and their commitment to providing community‐based family services in the family law area. The paper also examines the empirical evidence regarding FRCs' use and effectiveness. It notes that while the objectives and intentions of FRCs place considerable emphasis on strengthening family relationships and assisting families to stay together, the centres themselves have only a modest level of direct involvement with intact families. FRCs tend to have strong links with other community‐based family services, many of whom are more engaged with intact families; but it is difficult to gauge their effectiveness in this area. Most FRCs' direct services are aimed at separating families and most of that work involves family dispute resolution (family mediation) and associated services such as screening and assessment and the provision of relevant information. A substantial majority of clients who attend FDR at an FRC reach agreement about their parenting arrangements either at FDR or subsequent to attending FDR. These agreements also tend to hold up in the medium term. A majority of parents believe that at FDR, the child(ren)'s needs were taken into account; the parenting agreement worked for the child(ren); and the parenting agreement worked for them. A substantial proportion of FRC clients come from families that have experienced family violence or other dysfunctional behaviours, and such behaviours reduce the chances of resolving parenting disputes. The paper concludes by suggesting that having been created mainly as a default alternative to legal interventions and court processes, it is likely that a major future strength of FRCs will lie in their emerging capacity to work constructively not only with other relationship services and networks, but with family lawyers and the courts.     

FAMILY MATTERS: EFFECTS OF FAMILY MEMBERS’ RESIDENTIAL AREAS ON CRIME LOCATION CHOICE*

According to crime pattern theory, offenders are likely to select crime locations within their awareness space. Previous studies have shown that offenders often commit crimes within their current and former residential areas and in areas they previously targeted. However, offenders’ awareness spaces obviously consist of more locations that potentially influence their crime location choices. This study examines the importance of the residential areas of offenders’ family members. Most offenders visit their families at least occasionally and consequently get familiar with the areas in which their families live. It is hypothesized that family members’ residential areas are at increased risk of being targeted. Unique data were used to reconstruct residential histories of the parents, siblings, and children of 7,910 offenders who committed 19,420 offenses. The results of discrete spatial choice models showed that residential areas of family members are indeed at increased risk of being targeted. Current familial residential areas had stronger and more consistent effects than had former familial residential areas. Effects were strongest for the residential areas of offenders’ children compared with those of their parents and siblings. The residential areas of male and female family members affected the crime location choices of male and female offenders equally.     

Loosening the ties that bind: the hidden harms of civil gang injunctions in San Diego County

Civil gang injunctions (CGIs) are court-ordered restraining orders that are being utilized in the name of controlling the daily routine of alleged gang members, reducing crime, and eliminating ‘public nuisances’ in working-class neighborhoods of color. In this study, we draw upon interviews and court observations conducted between 2009 and 2014 in San Diego County to examine the perceptions of a subset of those who have been listed on CGIs or other gang suppression methods, and those who work closely with them, about their individual and collective impacts. We find that the men and women in our study experience several hidden harms of gang enforcement measures that damage their ability to connect with others in the community, including their own family members and friends; and reduce their ability to pursue opportunities related to education, housing, and employment. We demonstrate that the loss of these bonds to community and opportunities, leads to perceptions of injustice and, in some instances, a transformation in gang activity, rather than its elimination. Ultimately, these exploratory findings raise questions about the logic and justice of gang suppression.     

Surrogate decision-making for incompetent elderly patients: the role of informal representatives

Informal or unofficial representation refers to the practice (more common in some European jurisdictions than in others), that persons not designed by a court or by the patient himself, make medical decisions on the patient's behalf in case of their incompetence. If the law provides for this, it is usually next of kin (spouse, children, brothers and sisters, etc.) who are allowed to act in such a capacity. Informal representation raises several questions. Are family members always familiar with what their relative would have wished, ready to take responsibility, and not too much reigned by their emotions? The basic legal concern is whether there are sufficient procedural and other safeguards to protect the incompetent patient from representatives who do not serve their best interests. In addressing these issues, after a brief survey of the law in the Netherlands as compared with that in Belgium, Germany and England/Wales, we will argue that informal representation as such is not at variance with international and European standards. However, an 'informal' approach to surrogate decision-making should always go together with sufficient protection of the incompetent patient, including procedural safeguards with regard to the decision that the patient is incompetent, limits to the decision-making power of informal representatives and effective forms of conflict resolution.     

Understanding intra-family inequalities: The Montes de Pas,Spain, 1700–1900

This article deals with the family organization of labor in a peasant community in Northern Spain during the eighteenth and nineteenth centuries. It uses this case study to review some of the assumptions with which peasant family history is being written, namely, the idea that from historical evidence of family members “working together,” a vision of families as cooperative, i.e., egalitarian units, can be deduced. Contrary to this idea, the article argues that coresidence cannot be taken as an indicator of equal economic status for all family members. The article proposes a method to identify inequalities between family members, based on a comparison between each member's working contribution to the household and access to family resources, including income generated by each member's own work.     

Recent status of the medical examiner system in Japan: demographic variation of medicolegal deaths in Hyogo Prefecture and uncertainty in medicolegal investigations conducted by medical practitioners.

The medical examiner system has been steadily abolished in Japan. Instead, medicolegal investigations are entrusted by the police to medical practitioners, who are not permitted to perform autopsies. The necessity for the medical examiner system was assessed through inquest records in Hyogo, one of the three prefectures which still have medical examiner systems. Standardized mortality ratios (SMRs) for accidents and suicides were negatively associated with population density, being high in rural areas with a large proportion of elderly citizens, while the SMR for natural deaths was high in urbanized areas and associated with the proportion of inquests to total resident deaths. The high proportion of inquests, however, did not always mean that inquest records were of good quality. Significant differences in the quality of medicolegal investigations seemed to exist between medical examiners and medical practitioners. That is, in order to certify the cause-of-death, medical examiners performed autopsies in about half of their cases, while only 2% of medical practitioner cases were subjected to autopsies. Medical practitioners, who certified the cause-of-death as "heart failure" without advising an autopsy, were regularly entrusted with inquests. It is likely that the causes-of-death for medicolegal cases may be questionable since more than 85% of all medicolegal deaths were investigated by medical practitioners, which may cause inaccuracy in at least 3-7% of mortality statistics. It is necessary to educate medical practitioners concerning the importance of mortality statistics and ICD and on the validity of autopsies, in order to obtain accurate mortality statistics from medicolegal cases.     

Views of Male University Students About Social Gender Roles; An Example From East of Turkey

Social gender roles refer to the roles that are traditionally associated with women and men. Social gender role includes the personal attributes and behaviors which are culturally assigned to women and men. This study was conducted to determine the views of male students at Caucasian University Health School on social gender roles at work, social life, marriage, and family life. The study was conducted on male students studying at Kars Health School, Nursing and Health Officers Department during 2007–2008 academic year. The students were given 24 statements relating to work life, social life, marriage, and family life to determine their views on social gender roles. Results indicated that 30.2% of the male students stated that women could work in a paid job, 56.9% believed in equality of women and men, 44.8% approved honor killing, 40.5% said the girls should receive education as far as they can go, 54.3% said the role of the women was to “provide moral support to their husband and children”, 37.1% stated that husbands could beat their wives under certain circumstances, 52.6% said they witnessed violence in their family at some stage of their lives, 51.7% said the women’s environment should be decided by the spouses together, 25% said the women should engage in sexual intercourse with their spouses even if they did not want to. Men who thought the role of the women was to do housework/giving birth to children/looking after the elderly members of the house, and who approved honor killing and disapproved working of their spouses, and who did not believe in equality of women and men, were found to support violence to women by men. Moreover, the students who witnessed violence at some stage of their lives supported this view as well. It was considered that the students should be educated on the definition of violence and situations involving violence, and directed to consultant services.     

Schizophrenia and violent crime: the experience of parents

Individuals with schizophrenia have an increased risk of committing a violent crime, although their contribution to the overall criminality in society is small. In this qualitative study we have interviewed parents of adult sons, diagnosed with schizophrenia and who recently had been referred to forensic psychiatric treatment due to a violent crime, with an aim to explore the parents' experiences and emotional reactions. Four events, or status passages, emerged as crucial and common for all parents. These were the onset of the mental disorder, the diagnosis of schizophrenia, the violent behaviour/criminality and the recent referral to forensic psychiatric treatment. Every passage evoked strong emotional reactions such as guilt, fear, disappointment, anger and relief, which in return led to different actions taken. Unawareness of the character and severity of their sons' mental illness and the type of violent criminality they had committed were common and complicated contacts both between the parents and their sons, and also between family members and official authorities. The findings emphasize that psychiatric health care professionals must take the initiative and responsibility for information, education and support of family members.     

Youth violence: an exploratory study of a treatment program in a central Illinois county

A local treatment provider has developed an OPTIONS program to prevent adolescent aggression. The program is designed for youths who displayed threatening or abusive behaviors, particularly toward family members. This study described the characteristics of juveniles and their families who were referred to the program and if the program participation helped reduce the severity of violence and improve the communication skills among program participants. Referrals came from law enforcement, juvenile court services, school resource officers, and parents. Information on 100 juveniles and their families were provided by the counselors of the program. The findings showed that a large percentage of juveniles came from unstable families with a family history of criminal convictions, substance abuse, or mental illness. Program participants showed an improvement in communication skills and reduction in their levels of dangerousness.