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LaShanda Taylor 《Family Court Review》2009,47(4):605-633
The article begins with a due process analysis concluding that children are legally entitled to counsel and continues by presenting examples of federal and state legislation, court decisions, and public policy arguments that support this right. The article then goes a step further to advocate for a traditional, client-directed model of representation, which empowers children and leads to better judicial decision making. Finally, the article discusses the impact of high caseloads and lack of training on attorney performance. This article serves as an important addition to the academic literature examining the need for and role of the child's attorney in dependency proceedings. 相似文献
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Peter Bartlett Mohan Mudigonda Arun Chopra Richard Morriss Steven Jones 《社会福利与家庭法律杂志》2016,38(3):263-286
The Mental Capacity Act 2005 provides a variety of legal mechanisms for people to plan for periods of incapacity for decisions relating to personal care, medical treatment, and financial matters. Little research has however been done to determine the degree to which these are actually implemented, and the approach to such advance planning by service users and professionals. This paper looks at the use of advance planning by people with bipolar disorder, using qualitative and quantitative surveys both of people with bipolar disorder and psychiatrists. The study finds that the mechanisms are under-used in this group, despite official policy in support of them, largely because of a lack of knowledge about them among service users, and there is considerable confusion among service users and professionals alike as to how the mechanisms operate. Recording is at best inconsistent, raising questions as to whether the mechanisms will be followed. 相似文献
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Drawing upon 503 cases of violent and drug crimes involving the death penalty from three intermediate courts in China, this study explores various defense arguments, their acceptance rates, and factors that influence judicial sentencing. Our findings reveal that offenders’ post-crime good behaviors are most likely to be accepted by the court, thus helping offenders obtain suspended death penalty. In contrast, being charged with multiple violent crimes and the weight of narcotics in drug crimes are two significant factors related to an increased likelihood of receiving immediate death penalty. This article provides more empirical evidence about mitigating and aggravating circumstances considered in capital sentencing, and supports that private lawyers are not different from court appointed lawyers in China's capital defense. China's current system seemingly leaves little room for defense lawyers to make creative contributions. 相似文献
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天津市人民检察院民行处课题组 《天津市政法管理干部学院学报》2009,25(3):42-47
1991年民事诉讼法确定了民事检察制度,但由于法律规定过于原则,民事检察制度的发展十分缓慢。2007年10月民事诉讼法的修改,完善了审判监督程序,细化了检察机关的抗诉理由,明确了再审法院和法院裁定的再审期限。这次修改推动了民事检察制度的发展,但仍未从根本上解决民事检察制度存在的弊端。本文从审判监督程序修改内容及对民事检察工作所带来的影响入手,分析现行民事检察制度的不足,并对我国民事检察制度的发展进行粗浅的法律构想。 相似文献
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关于派驻基层检察室开展社区矫正法律监督制度构建 总被引:2,自引:0,他引:2
随着社区矫正工作的全面展开,派驻基层检察室开展社区矫正法律监督有充分的法理依据及现实必要性。然而,当前派驻基层检察室开展社区矫正法律监督存在职能定位不明确,与内设监所部门的关系不明确,人员、装备和经费保障机制不健全,监督信息渠道不畅通,监督缺乏程序保障等诸多现实问题。只有从制度和立法上解决这些现实问题,才有利于派驻基层检察室有效开展社区矫正法律监督工作。 相似文献
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Robin H. Ballard Amy Holtzworth‐Munroe Amy G. Applegate Brian D'Onofrio 《Family Court Review》2011,49(1):16-33
Divorce mediation, an alternative to litigation when resolving disputes raised by the dissolution of a marriage or the separation of unmarried parents, has gained popularity over the past few decades. Yet, research is needed to better understand what processes make family mediation successful and for whom family mediation is successful. To study predictors of reaching agreement in family mediation, we gathered data from divorce and paternity cases at the Indiana University Maurer School of Law Viola J. Taliaferro Family and Children Mediation Clinic. Numerous factors, including history of intimate partner violence, father's reported concerns about participating in mediation, higher levels of father's income, number of mediation sessions, and attorney representation, were associated with lower rates of agreement. Associations between significant predictors are presented, as well as the combined impact of attorney representation and a history of relationship violence, which together significantly predicted lower agreement rates. The implications of these findings for understanding family mediation processes are considered. 相似文献
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我国民事行政诉讼检察监督制度存在检察监督手段单一、权力弱小、范围过窄、主体过少等问题。完善我国民事行政检察监督制度应在立法上明确民行检察监督的地位,并在司法实践中赋予检察机关应有的权限,扩大检察监督范围,规范抗诉案件再审案级。 相似文献