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Criminal legally responsible for responsibility in Israel his crimes unless the is defined in terms of polarity: all or nothing. An individual is court has determined that he is exculpated from criminal responsibility; there is no diminished criminal responsibility. The authors present a unique case where two expert psychiatrists determined that the accused was culpable for the first crime, rape, but was exculpated from criminal responsibility for the second crime, stabbing, which was committed immediately thereafter. As per the court approved plea bargain, the accused was charged only with rape, and was sentenced to incarceration in the psychiatric ward of the prison. The social significance of the expert psychiatric opinion and the court ruling will be examined in this paper.  相似文献   
13.
The absence of government‐appointed legal counsel in immigration proceedings adversely affects large numbers of children in the United States. Children born in the United States to parents without citizenship status (U.S.‐born children of noncitizen parents or UCNP) are harmed by a parent's detention and removal. Unaccompanied alien children (UAC) who have entered the country without legal status are adversely affected by their own detention and removal. The possibility of obtaining relief from removal is drastically diminished by the lack of legal representation. Currently UAC and immigrant parents are not entitled to court‐appointed attorneys. Any meaningful change in immigration law, such as a federal statutory amendment to provide UAC and immigrant parents with government‐appointed counsel is unlikely due to the present political dissension in Congress regarding this issue. Because UAC and immigrant parents are not entitled to government‐funded legal representation, a pro bono legal service system has developed, but is unable to meet the present need adequately. For immigrant parents, this Note proposes the adoption of a statute to allow the appointment of court liaisons in family court proceedings. The court liaison is a nonattorney who is familiar with the processes of the family court and ensures that immigrant parents are fully informed regarding all pertinent family court proceedings. For UAC, this Note proposes an amendment to the William Wilberforce Trafficking Victims Protection Reauthorization Act to mandate the appointment of a child advocate to all UAC. The child advocate is not a lawyer, but works with the UAC's attorney to provide the child with legal representation and advocacy.
    Key Points for the Family Court Community:
  • UCNP confront the loss of parents to detention and removal. Children are condemned to limbo, torn between absent biological parents and placement in foster care.
  • The recent surge in the number of UAC who enter the United States by crossing the border from Mexico has been described as a humanitarian crisis. These children often remain alone without legal protection, vulnerable to detention and removal.
  • Ideally, UAC and the immigrant parents would be provided with government‐funded legal representation in immigration proceedings. In the absence of the federal statutory reform necessary to make that a reality, state statutory reform to allow for the provision of court liaison programs for immigrant parents and federal statutory reform to allow the appointment of child advocates for UAC can begin to offer children and families needed legal support and advocacy.
  相似文献   
14.
Building on Romano's recent analysis of the United States securitiesregulatory regime, we model competition between professionalauditing associations. We show that such competition is an effectivesubstitute for government regulation, providing an efficientmeans for auditors to signal their service quality. Competitionis likely to lead to stability in the market for auditing services,with neither a "race to the top" nor a "race to the bottom."Monopoly rents are unlikely to be earned by auditors or theirprofessional organizations, and government intervention canbe limited to ensuring that the professional organization'sdisciplinary actions are costly enough to be effective.  相似文献   
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