Prosecuting 'Gross' Medical Negligence: Manslaughter, Discretion, and the Crown Prosecution Service

This article examines prosecutions of health care professionals for gross negligence manslaughter following fatal errors committed in the course of their work. Unease has long surrounded the use of 'gross negligence' as a form of criminal liability, and particularly as it applies to health care professions operating in high-risk settings. The recent dramatic rise of such prosecutions calls for a closer understanding of the processes by which important prosecutorial decisions are made. In particular, this calls for an investigation into the exercise of discretion by prosecutors in interpreting the loosely defined and contested concept of gross negligence. This article analyses data obtained from a statistical analysis of 'medical manslaughter' cases and also from interviews with crown prosecutors. Discussion of the main findings leads to the conclusion that the offence of gross negligence manslaughter is incapable of any objective and fair measurement and ought to be abolished.     

A: Reviews: General

AN INTRODUCTION TO THE HADITH. By John Burton. (Islamic Surveys.) Edinburgh, Edinburgh University Press, 1994. 210 pp. £39.95 (hb); £16.95 (pb).

POLITICS, GENDER, AND THE ISLAMIC PAST: THE LEGACY OF ‘A'ISHA BINT ABI BAKR. By D. A. Spellberg. New York, Columbia University Press, 1995. 250 pp. $35.00.

MEDIEVAL ISMA'ILI HISTORY AND THOUGHT. Edited by Farhad Daftary. Cambridge, Cambridge University Press, 1996. 331 pp. £40.00

THE THRONE CARRIER OF GOD: THE LIFE AND THOUGHT OF ‘ALA’ AD‐DAWLA AS‐SIMNANI. By Jamal J. Elias. Albany, State University of New York Press, 1995. 260 pp. $16.95

OTTOMAN SEAPOWER AND LEVANTINE DIPLOMACY IN THE AGE OF DISCOVERY. By Palmira Brummett. (SUNY Series in the Social and Economic History of the Middle East.) New York, State University of New York Press, 1994. xvi, 285 pp. 2 maps, 7 plates. $19.95.

HAIFA: TRANSFORMATION OF AN ARAB SOCIETY, 1918–1939. By May Seikaly. London, I. B. Tauris, 1995. 284 pp. £39.50 (hb).

THE FORMATION OF MODERN SYRIA AND IRAQ. By Eliezer Tauber. London, Frank Cass, 1995. 427 pp. £30.00 (hb); £15.00 (pb).

IRAQ: POWER AND SOCIETY. Edited by Derek Hopwood, Habib Ishow and Thomas Koszinowski. (St Antony's Middle East monographs, 29.) Reading, Ithaca Press, 1993. viii, 400 pp. £30.00.

SECRET WAR IN THE MIDDLE EAST: THE COVERT STRUGGLE FOR SYRIA, 1949–61. By Andrew Rathmell. London and New York, I. B. Tauris, 1995. 256 pp. £39.50.

LEBANON: A SHATTERED COUNTRY. By Elizabeth Picard. Translated from the French [Liban: État de discorde] by Franklin Philip. New York and London, Holmes & Meier, 1996. xii, 202 pp. £29.95.

THE ISLAMIST DILEMMA: THE POLITICAL ROLE OF ISLAMIST MOVEMENTS IN THE CONTEMPORARY ARAB WORLD. Edited by Laura Guazzone. Reading, Ithaca Press, 1995. 390 pp. £45.00.

ISLAM AND THE MYTH OF CONFRONTATION: RELIGION AND POLITICS IN THE MIDDLE EAST. By Fred Halliday. London and New York, I. B. Tauris, 1996. 256 pp. £35.00 (hb); £12.95 (pb).

THE MIDDLE EAST IN THE NEW WORLD ORDER. Edited by Haifaa A. Jawad. Basingstoke, St Martins Press/Macmillan, 1994. viii, 154 pp. $35 (hb).

CONFIDENCE BUILDING AND VERIFICATION: PROSPECTS IN THE MIDDLE EAST. Edited by Shai Feldman. (Jaffee Centre for Strategic Studies Study, 25.) Published jointly by the Jerusalem Post and Westview Press, Boulder, 1994. 255 pp. £28.50 (hb).

CHILDREN IN THE MUSLIM MIDDLE EAST. Edited by Elizabeth Warnock Fernea. Austin, University of Texas Press, 1995. xviii, 477 pp., photographs. $22.50 (hb).

THE HISTORY OF THE MAZRU'I DYNASTY OF MOMBASA. By Al‐Amin Bin ‘Ali Al Mazru'i. Translated and annotated by J. McL. Ritchie (Union Académique Interna‐tionale/Fontes Historiae Africanae: Series Arabica XI.) Published for the British Academy by Oxford University Press, 1995. x, 182, 76 pp. £27.50 (hb).

AN INTRODUCTION TO ARAB POETICS. By Adonis. Translated from the Arabic by Catherine Cobham. London, Saqi Books, 1990. 108 pp.

ANTHOLOGY OF MODERN PALESTINIAN LITERATURE. Edited by Salma Khadra Jayyusi. New York, Columbia University Press, 1992. 744 pp. $34.95.

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THE GOLDEN CHARIOT. By Salwa Bakr. Translated by Dinah Manisty. (Arab Women Writers.) Reading, Garnet Publishing, 1995. 193 pp. £ 8.95 (pb).

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AL‐KITAAB FII TA'ALLUM AL‐'ARABIYYA (A TEXTBOOK FOR BEGINNING ARABIC). By Kristen Brustad, Mahmoud Al‐Batal and Abbas Al‐Tonsi. Washington, DC, Georgetown University Press, 1995. Introduction 224 pp., textbook 480 pp., videotapes, cassettes.

DAS MUTAFI‐LAZISCHE. Edited by Silvia Kutscher, Johanna Mattissen and Anke Wodarg. (Arbeitspapier, Nr. 24, Neue Folge.) Köln, Institut für Sprachwissenschaft Universität zu Köln, 1995. 136 pp.

GRAMATIKA JEZYKA KRYMSKOTATARSKIEGO. By Henryk Jankowski. (Seria Jezykoznawstwo, Nr. 15.) Poznań, Uniwersytet Im. Adama Mickiewicza, 1992. xviii, 455 pp.

CULINARY CULTURES OF THE MIDDLE EAST. Edited by Richard Tapper and Sami Zubaida. London, New York, I. B. Tauris, 1994. 302 pp. £34.50 (hb).     

The universality of human rights: A Canadian perspective

In the following speech, delivered at the Atlantic Human Rights Centre, St. Thomas University, Fredericton, New Brunswick, on 20 March 1998, Canadian Senator Donald Oliver urges the international community to commit itself to the universality of human rights. In an increasingly interdependent world, he says, nations will no longer be afforded the luxury of merely judging themselves. Their actions and progress in matters of human rights will be judged by the court of international public opinion, nongovernment organizations, and those standards that we have come to regard as representing the norms of civilized behavior. It is no longer possible to speak of world order without taking into account the protection of human rights and the remedy of human wrongs.     

The influence of shared R&D-project innovativeness perceptions on university-industry collaboration performance

The Journal of Technology Transfer - University-industry collaboration (UIC) partners’ different organizational backgrounds entail socialization with distinct thought worlds, management...     

The coordinate plane of global governance

The ‘coordinate plane of global governance’ developed in this paper describes the trade-off between static gains and dynamic losses associated with international policy harmonization. A simple model illustrates how potential gains result from producing positive international spill-overs, whereas potential losses come from restricted systems competition between national policy regimes. The solution to this model allows identifying the cut-off level between policies suitable for global harmonization and policies which should better not be centralized. An application of the concept to selected policy fields illustrates its relevance for decision-making on global governance.

The multi-level process of trust and learning in university–industry innovation collaborations

The Journal of Technology Transfer - Successful university–industry collaborations require high levels of trust among participants, yet achieving this goal is complex. In this study, we...     

Economic crisis, party system change, and the dynamics of class voting in Venezuela, 1973–2003

The breakdown of the old catch-all party system in Venezuela, and the sudden rise to power of leftist former coup leader Hugo Chávez provides an instructive case study to examine the sources of party system change, the rise of populism and the politicisation of class. Using nationally representative survey data this paper analyses different models of voting behaviour over time, and examines the extent to which the determinants of electoral choice have changed. It argues that although economic crises during the 1990s undermined support for the existing parties, it did not create a politically salient class-based response. Rather, it created the electoral space for new actors to enter the political stage and articulate new populist issue dimensions. Explanations for the politicisation of social cleavages in Venezuela can therefore best be understood in terms of ‘top-down’ approaches which emphasises the role of political agency in reshaping and re-crafting political identities, rather than more ‘bottom-up’ factors which emphasise the demands that originate within the electorate.