Secondary the outdated and archaic language makes it difficult to interpret through all the complex case law. In Ireland and Burstow, Lord Steyn said psychological illnesses were not even thought of by the Victorian legislator when creating the act. Furthermore the courts have had to make very wide interpretations of words in order to fit modern issues such as stalking in Constanza. One possible reform on this issue was set out in a 1993 Law Commission report on the OAP Act in which the language was totally altered to suite modern understandings. The word injury is used and defined in the proposed bill, making it clear it includes physical as well as mental injury.
It is clear that under statute law, no right or even desire for fair access to justice exists. This is in direct contrast to the rich history of the common law right to procedural fairness, and the right to a fair trial implied by Chapter III of the Australian Constitution. The question that must be asked is why this is allowed to occur. The simple answer is the unfortunate truth of representative democracy, what is believed by the majority is not necessarily morally right. As said by the Honourable Justice Michael Kirby; Majorities can certainly err.
Either they have no insurance or have no financial capability to follow up with health maintenance and treatment regimen. Some may have cognitive deficiency or addiction problem and cannot articulate the need for psychiatric attention. Socially vulnerable individuals are those members of a group or population that are undervalue and underserved, such as the homeless and drug addicts. (Gwyn & Colin, 2010). The purpose of this paper is to discuss vulnerable populations in current events from a recent newspaper article.
He goes on to say that "...there are so many different sources contributing to the country's social alamgam." This quote further reitorates the fact that the Australian identity needs to be a multicultrual identity, not the stereotypical Anglo-Saxon identity it is today. This hurdle of breaking the stereotype is put further and further in the distance as racism is a key segregation factor, diminishing the Australian identity. The racism found in Australia can be partially derived from the need to conform to the 'Australian' stereotype and a negative outlook towards those who don't. The article "Australia Day car flag flyers 'racist'" by Rhianna King states "... is linked in this instance to
Insanity Defense By definition insanity is a deranged state of the mind usually occurring as a specific disorder, such as schizophrenia. Another definition would include such unsoundness of mind or lack of understanding as prevents one from having the mental capacity required by law to enter into a particular relationship, status, or transaction or as removes one from criminal or civil responsibility. Yet, descriptive it really doesn’t answer the questions what is insanity and who defines what it is nor who is insane. Insanity by society’s general public would say that it’s a person being in the act of crazy or madness; but, who really gets to answer this question of insanity. Often times more than not someone walks into court attempting to plead by way of insanity.
Patton and Mondale (1988) and Navasky and O’Conner (2005) illustrate that there are no straightforward solutions to a multifaceted, controversial, and confusing issue. People outlook about the mentally ill have been largely influenced by the prominent figures, their attitudes, and policies they had in place. Over time, policies have changed in response to some political parties and the pressure from ordinary people. Understanding the many uses of the asylums as a means to house the mentally ill have not been fully comprehended, but Patton and Mondale (1988) gives us a good
Why is Intelligence difficult to define and measure What is intelligence? Can it be described as a single entity or is it multifaceted? Many definitions of intelligence have been produced and thus far psychologists have been unable to agree on a definitive definition, hence it is this impossibility to attribute it to a standardised exact definition that is the principal difficulty in the ability to measure it. There is a general consensus that intelligence compromises of an ability to adapt to one’s environment and the capacity to learn from experience, however tests are unable to measure these components very well. This essay will discuss the various theories along with critiques of each, and their contribution to our understanding & measuring of intelligence today.
However, a recent review of research found surprisingly little experimental evidence to support this hypothesis. Despite having a strong belief in the cycle of violence, there have been problems in previous studies that have made it difficult to get conclusions about the long-term consequences of early childhood victimization. These problems include the lack of a control group against which the abused and neglected group could be compared. Another problem is the retrospective design of the studies, requiring the researcher to rely on ability to remember details about their early childhood. Improving on past work, this study (done by sociology professors at Carleton University) included a relatively clear definition of abuse and neglect; a prospective design in which the development of children was followed rather than traced backward in time; a large sample group; a control group matched as closely as possible in age, sex, race and approximate social class background; and an assessment of the long-term consequences of abuse and neglect beyond adolescence and juvenile court and into adulthood.
Research has shown that the brain of a minor is significantly under developed to that of an adult. Juveniles are unable to conceptualize and rationalize the actions in which they take-criminal or not. In recent years, policymakers and critics alike have made compelling arguments as to why juvenile courts should be abolished. Such arguments include the cost of juvenile courts, how intervention and rehabilitation do not work-although statistics disagree, and how the institutional integrity has been damaged through the use of waivers. There is no question that the juvenile justice system is not perfect, but what government entity is.
There are several issues that the system faces and must address. Two of these issues are disparity throughout the system as well as discrimination. Discrimination is an issue that is well known to many people whether they have personally experienced the criminal justice system or not. Disparity is an issue that is not as well known amongst the public, mostly because many people have a hard time distinguishing the difference between discrimination and disparity. Discrimination Discrimination in the criminal justice system has been debated for many years and, to this day, remains unresolved.