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From the mid-1960s until the early 1980s, federal courts havegreatly expanded the rights of persons who have been institutionalizedfor treatment of mental illness. The rights have included dueprocess in commitment proceedings, provision of services, andtreatment in the least restrictive environment. Federal courtshave based their decisions on federal statutes and constitutionalprinciples of due process, equal protection, and protectionfrom harm. More recently, however, the U.S. Supreme Court haseffectively closed the federal courts as a forum for advancingthe rights of the mentally disabled. Federal courts must, inessence, defer to the states for decisions about treatment ofthe mentally disabled. State courts may decide what servicesare required under state law, while state mental health officialsmay decide specific treatment questions for individual patients.Consequently, advocates for the mentally disabled are turningto state courts to advance client rights. In 1984 two significantcases decided by the New York State Court of Appeals have thepotential for significantly expanding the rights of the mentallydisabled. 相似文献
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Abstract The backbone of Dutch criminal procedure is the case file including a large number of written records. In Dutch courts the focus is primarily on evaluation of written records. The written record of police interrogation is a mediated account of the interrogation itself. In this study we explore how individual differences in the production of written records by police officers affect the jurists' evaluation of the suspect's story and of the quality of the interrogation itself. In the first study, five police officers produced written records of one and the same interrogation on video of a denying suspect. In the second study, three of those written records are evaluated by jurists. They are asked to determine story acceptability of the suspect and procedural fairness of the interrogation. Findings show that a short and simple interrogation of a suspect results in written records that are quite different (Study I). It is further shown that these differences affect the jurists' evaluation of some of the core issues addressed in a criminal process (Study II). Implications of these findings are discussed as well as a number of possible ways to improve the current state of affairs. 相似文献
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The longstanding emphasis on the neighbourhood as a scale for intervention and action has given rise to a variety of forms of governance with a number of different rationales. The predominant rationales about the purpose of neighbourhood governance are encapsulated in a fourfold typology developed by Lowndes and Sullivan (2008). This article sets out to test this approach by drawing on an evaluation of neighbourhood initiatives in the City of Westminster which were delivered through a third sector organisation, the Paddington Development Trust. ‘Insider’ perspectives gathered at city and neighbourhood levels regarding the infrastructure for neighbourhood management are discussed and evaluated in the light of these rationales. The conclusions, while broadly reflecting Lowndes and Sullivan and a follow-up study of Manchester, suggest that in Westminster the civic and economic rationales tend to predominate. However, the Westminster approach is contingent on the prevailing ethos and funding regimes at central and local levels and remains relatively detached from mainstream services. While community empowerment is an important part of the policy rhetoric, it is argued that in practice a ‘strategy of containment’ operates whereby residents in the neighbourhoods have relatively little control over targets and resources and that new governance mechanisms can be relatively easily de-coupled when required. In retrospect, co-production might have been a more effective model for neighbourhood governance, not least given its fit with policy direction. 相似文献
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Madeleine O. Hosli Rebecca Moody Bryan O��Donovan Serguei Kaniovski Anna C. H. Little 《The Review of International Organizations》2011,6(2):163-187
Changing the composition and voting system of the Security Council, in an effort to increase the institution’s global legitimacy,
is proving to be one of the most difficult hurdles to overcome for the global community of states represented in the United
Nations (UN). This paper demonstrates that due to institutional hurdles, it is considerably more difficult today than it was
in the early years of the UN to reach a winning coalition in the General Assembly to secure Security Council reform. In addition,
the paper analyzes the effects that adapted patterns of voting, as prescribed by recent reform proposals, would have on the
distribution of power among UN member states in the Security Council and on the probability that this institution can form
a winning coalition, i.e., reach decisions. Our power and decision capacity computations are based on (modified) Penrose-Banzhaf-Coleman
measures. 相似文献