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Book part
Publication date: 3 January 2015

Adam B. Shniderman and Charles A. Smith

The International Criminal Court has institutionalized the concept of individual responsibility for human rights violations. The jurisprudence of international criminal law has…

Abstract

The International Criminal Court has institutionalized the concept of individual responsibility for human rights violations. The jurisprudence of international criminal law has developed along with the institution. Affirmative defenses in the mitigation of punishment or avoidance of responsibility are becoming increasingly important in international criminal procedure. We contend that diminished culpability based on advances in neuroscience provides the most challenging set of choices for the international legal community. Of the variety of affirmative defenses, emerging neuroscience-based defense provide the most challenging set of choices for the international legal community. The Esad Landzo case at the ICTY brings these challenges into focus. We discuss the difficult choices the International Criminal Court will have to make to balance the rights and needs of the victims and the due process rights of the accused.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78441-568-6

Book part
Publication date: 12 July 2022

Joseph Naimo

Abuse and misuse of Substitute Decision-Making (SDMg) authority impacts the lives of children and adults with decision-making disabilities. The concerns raised in this paper

Abstract

Abuse and misuse of Substitute Decision-Making (SDMg) authority impacts the lives of children and adults with decision-making disabilities. The concerns raised in this paper amplify previous attention addressed by advocacy agencies and law reformists such as the Law Commission of Ontario. I analyse problems associated with Plenary Guardianship from both the lived experience of the non-guardian perspective and from the authority bestowed to the Guardian pursuant to the Guardianship and Administration Act 1990 of Western Australia legitimating the unintended capacity to abuse one’s substitute decision-making authority. Substitute decision-making arrangements enable decisions to be made on behalf of a person with a decision-making disability; usually made when such arrangements are necessary and subject to safeguards. Detrimentally, the substitute decision-maker (SDM) can assert broader powers beyond sensible measures that include thwarting investigations undertaken by family members; removing family members from the life of the person for whom an order is made; inappropriately applying a paternalistic or ‘best interest’ approach to decision-making where other approaches are required; failing to consider the individual’s wishes or making decisions contrary to those wishes; having insufficient contact with the individual; and, sharing insufficient or incorrect information. Moreover, they may subject the individual for whom an SDM order is made to experimental medical treatment in tandem with imposing or condoning severe and harmful restrictive-practices. Consequently, the second issue addressed in this paper concerns normalising both chemical and physical restrictive-practices that are both morally abhorrent and clinically highly questionable. Furthermore, often undertaken by service providers and their contracted psychiatrists and treating teams, endorsed under authority of a collaborating Guardian or SDM.

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Who's Watching? Surveillance, Big Data and Applied Ethics in the Digital Age
Type: Book
ISBN: 978-1-80382-468-0

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Abstract

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The Citizen and the State
Type: Book
ISBN: 978-1-78973-040-1

Book part
Publication date: 21 September 2015

Thomas Christian Quinn and Rebecca L. Utz

This study set out to examine whether personal religiosity was in any way associated with adolescents’ propensity to seek out formal mental health care.

Abstract

Purpose

This study set out to examine whether personal religiosity was in any way associated with adolescents’ propensity to seek out formal mental health care.

Methodology/approach

Using the National Longitudinal Study of Adolescent Health (Add Health), this study uses logistic regression models to test for an association between personal religiosity and mental health services use net of depressive symptomology and demographic controls.

Findings

Results showed a negative, statistically significant relationship between personal religiosity and mental health services use. Highly religious adolescents had lower odds of having seen a mental health professional compared to their less religious counterparts even after controlling for depressive symptomology.

Research limitations/implications

Data restrictions required that we limit our analysis to one specific form of mental health services: talk therapy. Nevertheless, this study suggests that religiosity represents a potentially important consideration in addressing the mental health needs of adolescents.

Originality/value

To our knowledge, this is the first study in which a nationally representative sample of adolescents is used to examine the relationship between personal religiosity and mental health services use.

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Education, Social Factors, and Health Beliefs in Health and Health Care Services
Type: Book
ISBN: 978-1-78560-367-9

Keywords

Book part
Publication date: 8 August 2005

Theodore I. Mutale

This chapter offers a prospective and naturalistic study of the impact of a risk-assessment and risk-management program on mentally abnormal young offenders admitted to a medium…

Abstract

This chapter offers a prospective and naturalistic study of the impact of a risk-assessment and risk-management program on mentally abnormal young offenders admitted to a medium secure adolescent psychiatric inpatient unit in the United Kingdom (U.K.) because of violent, dangerous or self-harming behaviour. As a result of the risk assessment, there was a reduction in their violent, dangerous or self-harming behaviour that was significantly associated with a reduction in the number of risk factors. About 80% were discharged directly back into the community.

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The Organizational Response to Persons with Mental Illness Involved with the Criminal Justice System
Type: Book
ISBN: 978-0-76231-231-3

Book part
Publication date: 10 May 2017

Bernard P. Perlmutter

In this chapter, I examine stories that foster care youth tell to legislatures, courts, policymakers, and the public to influence policy decisions. The stories told by these…

Abstract

In this chapter, I examine stories that foster care youth tell to legislatures, courts, policymakers, and the public to influence policy decisions. The stories told by these children are analogized to victim truth testimony, analyzed as a therapeutic, procedural, and developmental process, and examined as a catalyst for systemic accountability and change. Youth stories take different forms and appear in different media: testimony in legislatures, courts, research surveys or studies; opinion editorials and interviews in newspapers or blog posts; digital stories on YouTube; and artistic expression. Lawyers often serve as conduits for youth storytelling, translating their clients’ stories to the public. Organized advocacy by youth also informs and animates policy development. One recent example fosters youth organizing to promote “normalcy” in child welfare practices in Florida, and in related federal legislation.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78714-344-9

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Abstract

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Politics and the Life Sciences: The State of the Discipline
Type: Book
ISBN: 978-1-78441-108-4

Book part
Publication date: 27 July 2018

Timothy Rutzou

The relationship between ontology, realism, and normativity is complex and contentious. While naturalist and realist stances have tended to ground questions of normativity in…

Abstract

The relationship between ontology, realism, and normativity is complex and contentious. While naturalist and realist stances have tended to ground questions of normativity in ontology and accounts of human nature, critical theories have been critical of the relationship between ontological and normative projects. Queer theory in particular has been critical of ontological endeavors. Exploring the problem of normativity and ontology, this paper will make the case that the critical realist ontology of open systems and complex, contingent, conjunctural causation deeply resonates with queer theory, generating a queer ontology that both allows for and undermines ontological and normative projects.

Details

Critical Realism, History, and Philosophy in the Social Sciences
Type: Book
ISBN: 978-1-78756-604-0

Keywords

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