Abuse of process

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Abuse of Process and Delayed Prosecutions

Abuse of Process and Delayed Prosecutions

offense she did not commit is beyond dispute’. 19 The second limb of the abuse of process doctrine, on the other hand, has at its root deontological concerns with values that are unrelated to the promotion or achievement of accurate fact-finding. This limb therefore ‘represents a political-moral judgment that certain values are more important than accuracy in fact-finding. As such, it limits the truth that is allowed to appear at trial in favour of social goals which transcend the importance of factual truth.’ 20 A trial may be stayed on the basis of the second (and, arguably, more controversial 21 ) limb of the abuse of process doctrine not because of any danger that to allow the prosecution to continue may result in an inaccurate verdict, but because to do so may undermine particular values that are deemed worthy of protection.
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Torts - Abuse of Process - An Excessive Attachment Supports a Claim for Abuse of Process Rather Than Malicious Prosecution and Such Claim May Be Brought in the Action in Which the Attachment was Issued. White Lighting Company v. Wolfson (Cal. 1968)

Torts - Abuse of Process - An Excessive Attachment Supports a Claim for Abuse of Process Rather Than Malicious Prosecution and Such Claim May Be Brought in the Action in Which the Attachment was Issued. White Lighting Company v. Wolfson (Cal. 1968)

Torts - Abuse of Process - An Excessive Attachment Supports a Torts - Abuse of Process - An Excessive Attachment Supports a Claim for Abuse of Process Rather Than Malicious Prosecution Claim for Abuse of Process Rather Than Malicious Prosecution and Such Claim May Be Brought in the Action in Which the

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Abuse of Process in Cross-Border Cases: Moti v The Queen

Abuse of Process in Cross-Border Cases: Moti v The Queen

The decision in Moti v The Queen has implications for prosecutors, law enforcement, and other government officials involved in the investigation and prosecution of conduct occurring extraterritorially. For example, the majority stated that where Australia seeks the extradition of a person from another country, so as to prosecute that person under Australian law, principles of double jeopardy will ordinarily apply. This could be interpreted as suggesting that principles of double jeopardy may apply both within, and as between nation states. If so, this is a significant step forward for due process rights. For example, at the international level, Article 14(7) of the International Covenant on Civil and Political Rights (ICCPR) is limited to multiple prosecutions in one state, and not as between states. This leaves a person accused of a crime for which more than one state asserts jurisdiction, in a no-man’s land. Article 20 of the Rome Statute of the International Criminal Court 48 does provide some protection against double
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Duties to the court

Duties to the court

“It has long been recognised that for certain breaches of duty, such as failing to attend court, a solicitor may be found personally liable in expenses. In my opinion it is equally a breach of duty if a solicitor improperly uses the procedure of the court to delay the achievement of a result to which a litigant is entitled. When a pursuer asserts a claim by serving a summons or initial writ, he is entitled to the remedy he seeks unless his opponent can show some ground in fact or law why this should not be granted. If no appearance is entered, the pursuer is entitled to decree in absence. If appearance is entered and defences are lodged, the pleadings have to be adjusted and the law debated and the facts ascertained, and it may be months or years before the remedy is achieved. But this delay is not something to which a defender is entitled in order that he may postpone the discharge of his obligations. It arises solely because the time is required to ascertain the truth if there is a genuine dispute about the facts or the law. It seems to me to follow that if a defender who has no defence either in fact or in law uses the procedures not to establish his right but to delay the enforcement of a right which is undeniable, he is guilty of an abuse of process and, if he is a solicitor, ought to pay what his conduct has cost the other party to the litigation….[ It matters not that ] he may honestly have believed that there was a defence. A professionally qualified solicitor is in my view required to do more than abstain from dishonesty. It is his positive duty, in the words of Lord Atkin in Myers v. Elman, ‘to conduct litigation . . . with due propriety’. I do not intend to suggest that a solicitor acts improperly in all cases by entering appearance and stating a defence which may turn out to be unsubstantial. It may be perfectly proper, if there is initially doubt about the facts or the law, to put in skeleton defences to preserve the position while investigations are made. But as soon as the facts and the law are elucidated, and it appears that there is no defence to the action, the defence should be withdrawn and decree allowed to pass. It is in my opinion improper to allow the defence to stand until the action reaches the head of the queue of cases awaiting disposal, and then to consent to decree. That is to use the intervening time not for the necessary purpose of determining disputed issues of fact or law, but for the improper purpose of delaying the enforcement of a right about which there is no longer any dispute.” 80
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Supporting ALL victims of violence, abuse, neglect or exploitation: guidance for health providers

Supporting ALL victims of violence, abuse, neglect or exploitation: guidance for health providers

A positive development in global public health and social policy in the past few decades has been the recognition of the importance of adequate responses to victims of violence, abuse, neglect or exploitation (‘VANE’ , from hereon). This has led to much improved policies and practices supporting female victims of intimate part- ner violence (IPV) and victims of child abuse. How- ever, other specific groups of victims of VANE are often neglected in current policies and service deliv- ery. As a result, health providers lack knowledge of these lesser-known groups, often meaning victims are in contact with the health system without being iden- tified as such [1, 2] and frequently do not receive ap- propriate treatment [1–3]. E.g., while up to 88% of
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Psychometric Properties of Turkish Version of Childhood Trauma Questionnaire among Adolescents with Gender Differences

Psychometric Properties of Turkish Version of Childhood Trauma Questionnaire among Adolescents with Gender Differences

Child maltreatment is a serious threat to children’s physical and psychological well-being (Damashek, Balachova, & Bon- ner, 2011). Child maltreatment can result in significant long- term emotional and behavioral consequences, including post- traumatic stress disorder (e.g., Dubner & Motta, 1999), aggres- sion and anger (Shields, Cicchetti, & Ryan, 1994; Korkut, 2011; Taner & Gokler, 2004; Chapple, Tyler, & Bersani, 2005), school difficulties (Erickson & Egeland, 2002), depression (Boney-McCoy & Finkelhor, 1996), social difficulties (Man- narino & Cohen, 1996), criminal behavior (Gelles & Straus, 1990), low life satisfaction (Korkut, 2012) and self esteem (Bagley, Bolitho, & Mallick, 2001; Baldry, 2003; Durmuşoğlu & Doğru, 2006; Korkut, 2012) and long-term health problems (Anda et al., 2006). Physical child abuse refers to acts that cause pain and permanent or temporary damage to the child’s physical functions, such as bruises, burns, head injuries, frac- tures, or internal injuries (Kolko, 1996). Forms of physical abuse include hitting, kicking, burning with a cigarette, shaking by the hair, and strangling. The research have shown that physical abuse related to lack of social skills, low self esteem and anger management problems (Kaplan, Pelcovitz, & La- bruna, 1999; Nurcombe, 2000; Ystgaard, Hestetun, Loeb, & Mehlum, 2004).
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VALIDATION OF ELDERLY ABUSE ASSESSMENT TOOL

VALIDATION OF ELDERLY ABUSE ASSESSMENT TOOL

All statistics were carried out using SPSS software version 23.0. Initially, descriptive statistics were calculated for the characteristics of the sample: frequency, and percentages for categorical data and mean, standard deviation and range for continuous variables. The face validity was the ability of an instrument to be understood and relevant for the targeted population. It concerns the critical review of an instrument after it had been constructed and generally includes a pilot testing (Hossain et al., 2016). Face validity was assessed to the elderly who became participants during the pilot testing phase were asked about the clarity of each item. They were encouraged to ask questions and clarifications encountered during the answering of the tool. If the participants did not express any difficulty in understanding any words or items found in the tool, it clearly demonstrates face validity. On one hand, a group of five experts established appropriate coverage of the subject matter discussed the content validity. Experts were asked to comment on the face structure, organization of the instrument. Further, they considered if the statements described abusive situations clearly, without using the word abuse, thus avoiding cueing the participants. The content validity index was used to compute for the extent of content validity of the elder abuse assessment tool. Content validity index have considered in terms of the content validity index of the items (I-CVI) and also content validity index of the scale (S-CVI). Anywhere I-CVI is computed as the number of experts giving a rating of 2 or 3 in the items, divided by the total number of experts. However, S-CVI computing as the average of the I-CVI value (Hove, Fålun, & Fridlund, 2016). S-CVI outcome that have been used in the study. The experts were asked to evaluate each item of the instrument for content equivalence (content-related validity [relevance]) using the following scale: 1 = not relevant; 2 = relevant; 3 = very relevant Items classified as 1 (not relevant) were eliminated. Content validity index at the item level (I-CVI) and at the scale level (S-CVI) were calculated. Items that did not achieve the minimum acceptable indices were revised and re- evaluated. New content validity indices were calculated. The process continued until acceptable indices of content-related validity or content equivalence were achieved. It had also recommended that the kappa
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Re negotiating meanings : a grounded theory of core factors in healing shame in adult survivors of sexual abuse : a thesis presented in partial fulfilment of the requirements for the degree of Master of Arts in Psychology at Massey University

Re negotiating meanings : a grounded theory of core factors in healing shame in adult survivors of sexual abuse : a thesis presented in partial fulfilment of the requirements for the degree of Master of Arts in Psychology at Massey University

CHAPTER ONE THE CONSEQUENCES OF CHILDHOOD SEXUAL ABUSE Chapter Overview The consequences of Childhood Sexual Abuse Relationship to Perpetrator The Nature of the Abuse Shame Sexuality Bet[r]

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Articles | British Journal of Community Justice

Articles | British Journal of Community Justice

After several unsuccessful attempts to escape the relationship I committed a crime in a desperate effort to flee, and, as a result, I was processed through the criminal justice system for three years. I had my property seized and was made homeless, my bank accounts were frozen, and I was sentenced to do 250 hours of community payback and 12 months experiencing probation supervision. Six months later a confiscation order followed, which I had no way of being able to pay back, so the fear of having to serve a three-month prison sentence was always on my mind. Whilst evidence of a history of domestic abuse was apparent, I had no support from agencies offered to me in all this time. No one asked how I was coping in general or as a single mother; no one asked how I was coping financially; there was no offer of counselling for my children or for myself; I was never asked about the emotional and devastating impact that domestic abuse and being involved with the criminal justice system had had on me. Despite trying to speak out to criminal justice professionals about feeling isolated, of feeling scared and uncertain about my family’s future, I had no support at all. Instead I received threats of referrals to social services if I didn’t ‘sort myself out’ and a cursory 10-minute appointment with a seemingly disinterested probation officer whose sole focus was for me to fill out paperwork to ‘show’ that work was, as I perceived it, being ‘done to me’.
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Jayawant - Controversy Surrounding OxyContin.pdfView Download

Jayawant - Controversy Surrounding OxyContin.pdfView Download

discusses solutions to this medication-related issue, which has been touted as reaching epidemic proportions. Relevant literature from 1990 to 2004 was identified through a MEDLINE search, and a thorough internet-based search was conducted to obtain the latest updates and government reports. OxyContin became popular as a street drug through its ability to induce a quick heroin- like euphoria. The media hype surrounding OxyContin abuse and the “black box” warning on its label may have added to the abuse and diversion. The US Food and Drug Administration took steps by writing letters to Purdue Pharma, the manufacturers of OxyContin. Purdue Pharma developed a database to identify OxyContin abusers throughout the nation and also launched campaigns to educate patients through the internet. Further suggestions to managing the abuse of OxyContin include: community pharmacists’ assessment of behavioral risk factors that could lead to patient medication abuse; medication abuse risk management courses for physicians; development of a national database linking all pharmacies specifically designed to identify abusers; and tamper-resistant prescription pads for controlled substances, which seems the most plausible and immediate solution to this problem.
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Examination of Childhood Abuse Experiences and Their Relationship with Adolescent Girls’ High-risk Behavior

Examination of Childhood Abuse Experiences and Their Relationship with Adolescent Girls’ High-risk Behavior

child feels banished or unloved by the family, s/he could take such beliefs to school, apart from the fact that his/her self- confidence and relationships would decline, and the world would seem unsafe (Vézina et al., 2011). A wrong belief might be established in the child’s mind, paving the way for a mental disorder, ranging from acquired schizophrenia or behavioral confusion to being ready to break the law, all of which comes from the idea of being unloved and unsafe (Ghezelseflo and Rostami, 2015). Various kinds of misbehavior in childhood could influence the emotional well-being and psychological aspects of the child, and the impact could become apparent years later. The long-term and immediate effects of abuse can consist of psychosomatic health problems, like anxiety, depression, substance abuse, eating disorder, and self-destructive behavior. All these symptoms could play a significant role in the individual’s character formation (Ehring et al., 2014).
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Characterization of a Pure Water-Jet Cleaning Process  Process Simulation

Characterization of a Pure Water-Jet Cleaning Process Process Simulation

The design, prototype production and opti- mization of an optimised cleaning head is a very time- and-money-consuming process. Therefore, an ap- propriate tool for simulating the behaviour of a user- defined multi-nozzle water-jet tool can significantly reduce the costs and the time-to-market period. This paper describes such a set of simulation tools, de- veloped at the Institute of Materials Science, Uni- versity of Hannover, and is the second part of the paper “Pure WJ cleaning process characterization: approach and technologies” which was presented at the MIT conference 2003 in Piran [1].
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Interns’ perceived abuse during their undergraduate training at King Abdul Aziz University

Interns’ perceived abuse during their undergraduate training at King Abdul Aziz University

Taken together, our study demonstrates that the self-reported prevalence of medical student abuse at King Abdul Aziz Univer- sity is high. The abuse of medical students might subsequently affect their attitudes and behaviors as future physicians. Thus, to promote a good learning environment and train efficient medi- cal professionals, a proper system should be set up that informs students and authorities about their rights in the academic setting and the consequences of violating those rights. Furthermore, the administration should create an official system for report- ing abuse that ensures the victim’s confidentiality and safety. A counseling system may also be offered to victims in order to improve their well-being and emotional development.
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<p>Complex effects of childhood abuse, affective temperament, and subjective social status on depressive symptoms of adult volunteers from the community</p>

<p>Complex effects of childhood abuse, affective temperament, and subjective social status on depressive symptoms of adult volunteers from the community</p>

The following structural equation model was designed, in which the depressive symptoms (PHQ-9 scores) were predicted by childhood abuse (CATS subscale scores), SSS, and affective temperament (TEMPS-A scores). Covariance structure analysis with the robust maximum likelihood estimation method was performed using Mplus version 7.3 software (Muthén & Muthén, Los Angeles, CA, USA), to analyze complex associations and mediation effects. Two latent variables were de fi ned, namely, “ child- hood abuse ” from the observed variables of neglect, pun- ishment, and sexual abuse scores of the CATS, and “ TEMPS-A ” from the observed variables of depressive, cyclothymic, anxious, and irritable temperament scores. In this study, the comparative fi t index (CFI) and root mean square error of approximation (RMSEA) were used for evaluating the goodness of fi t of the model. A good fi t was de fi ned as a CFI > 0.97 and RMSEA < 0.05, and an acceptable fi t was de fi ned as CFI > 0.95 and RMSEA < 0.08. 33 All coef fi cients of the covariance structure analysis were standardized ( − 1 to +1).
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Abuse and disrespect in childbirth process and abortion situation in Latin America and the Caribbean—systematic review protocol

Abuse and disrespect in childbirth process and abortion situation in Latin America and the Caribbean—systematic review protocol

In this perspective, abuse and disrespect represent a vio- lation of the rights of women [5, 9–11], especially because it is a period in which she is more vulnerable physiologic- ally, socially, and psychologically [11]. In addition, mistreat- ment of women ends up tarnishing the trust relationship established between users and health professionals, serving as a disincentive for future attempts by obstetric care services, affecting both the health of mother and the child [11, 12]. In the face of this situation, WHO has prepared in September 2014 an official statement for prevention and eradication of abuse and disrespect in health institutions worldwide. 1 As well as other types of violence, abuse and disrespect are not received by women equally, focusing more among women doubly vulnerable by age, social class, ethnicity, for example, adolescents, single women, living in poverty, ethnic minorities, migrants, and HIV positive [13].
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Does perceived social support influence the relationship between childhood maltreatment and depressive symptoms?

Does perceived social support influence the relationship between childhood maltreatment and depressive symptoms?

overwhelming event in which individuals experience feelings of helplessness, danger, anxiety and instinctual arousal (Eth & Pynoos, 1985). As van der Kolk (1987) stated, ‘Childhood maltreatment is particularly significant because uncontrollable, terrifying experiences may have their most profound effects when the central nervous system and cognitive functions have not yet fully matured, leading to a global impairment that may be manifested in adulthood in psychopathological conditions’. This indicates that individuals who suffered maltreatment in their childhood are at a higher risk to develop psychological symptoms or other maladaptive behavior (Powers, Ressler, & Bradley, 2009). In the review study of Carr, Martins, Stingel, Lemgruber & Juruena (2013) the results showed that the subtypes of Early Life Stress: physical abuse, sexual abuse, emotional abuse, emotional neglect, and unspecified neglect were individual predictors of psychiatric disorders in adulthood. Hence, in this study we focus on exploring the relationship between perceived social support, childhood
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An analysis of early developmental trauma in social anxiety disorder and posttraumatic stress disorder

An analysis of early developmental trauma in social anxiety disorder and posttraumatic stress disorder

Early developmental trauma (EDT) or childhood trauma may loosely be defined as any traumatic experience that occurs before 18 years of age [1]. EDT has been linked to the development of anxiety disorders in adulthood [2-5]. Among South Africans, anxiety disorders (15.8%) are the most prevalent lifetime disorders according to the South African Stress and Health (SASH) study, with social anxiety disorder (SAD) at 2.8% and posttraumatic stress disorder (PTSD) at 2.3% [6]. It has been estimated that one in ten children, on average, is neglected or psy- chologically abused annually and that approximately 4% to 16% are physically abused [7]. Stein et al. in 1996 found in their sample that both adult males and females with an anxiety disorder had higher rates of childhood physical abuse than those without an anxiety disorder [8]. In addition, females with anxiety disorders had higher rates of childhood sexual abuse [8]. Also, Prigerson et al. in 1996 found that psychological abuse and parental loss were risk factors for the development of adult psy- chiatric disorders [5]. In SAD [9] and PTSD [10], child- hood traumas include physical abuse [11-13], sexual abuse [12-18], and emotional abuse [19-23].
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"I wish that he hit me" : the experiences of people who have psychoemotionally abused others

"I wish that he hit me" : the experiences of people who have psychoemotionally abused others

together in alliances and were actively supported by management. Many nurses reported that a culture of tolerating abusive behaviour developed within the workplace, as their attempts to complain were minimized, trivialized, ignored and denied by senior staff. Even though the hospitals formally encouraged their staff to report instances of bullying and harassment, one nurse was told by her manager, “Oh, don’t worry about her [the bully]…you’ll get over it…you’ll eventually learn to live with it” (p. 232). The nurses felt that their unsuccessful attempts at resolution placed them at greater risk of being attacked and effectively silenced them as it decreased their confidence that something could be done to stop the abuse. As a consequence of feeling trapped in this ‘psychic prison’ (p. 235), many nurses resigned or left the profession entirely and one reportedly committed suicide. Others began to accept their manager’s judgment and internalized the blame for the abuse, seeing themselves as “weak and deserving of what they got” (p. 234).
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Laws Relating to Child Abuse in India

Laws Relating to Child Abuse in India

friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under the Act. Sections 23, 24, 26 of the Act deal with the provisions of child abuse 12 . The Prohibition of Child Marriage Act, 2006: In addition to Child Marriage Restraint Act another Act titled as The Prohibition of Child Marriage Act, 2006 was enacted to put a stop to the practice of child marriages in India, it says that every child marriage shall be voidable at the option of the contracting party who was a child at the time of the marriage. Any if any marriage is conducted of minor child is punishable. The Commissions for the Protection of Child Rights Act, 2005: The Act provides for the Constitution of a National and State Commissions for protection of Child Rights in every State and Union Territory.
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The Link between Types of Attachment and Childhood Trauma

The Link between Types of Attachment and Childhood Trauma

secure relationships, and the establishment of positive self-esteem. Crusto, Whitson, Walling, Feinn, Friedman, Reynolds, Amer and Kaufman [4] found that caretaker support and healthy parent-child relationships reduce the risk of psychological problems in children after a trauma. According to Howe [5] children who are subject to abuse are usually unable to find their caretaker available, or have caregivers whose behaviours lead to anxiety, fear, and anger. Historically, caregivers’ negligent, unpredictable, or unsafe behaviours may cause trauma in children and minimize the potential of the child with regards to dealing with their longer-term traumatising effects, wherein the child lacks a convenient secure base to turn to for safety when under threat. Hence, along with developing strategic solutions related to pronounced failures in caregiving, finding ways of coping with traumatic experiences appears to be another necessity [6]. Children who have been subject to trauma have certain imperfections in terms of developmental domains, particularly in the sense of social and emotional development [7] such as difficulty or inability to make and sustain friendships; being distant from or exhibiting oppositional behaviour towards parents, caregivers, and authorities and difficulties in developing trust, intimacy, and affection. These children are also likely to lack certain emotions such as empathy, compassion, and remorse; and have a tendency of abusing substances and imitating the same maltreatment and attachment disorder towards their own children when they become adults [8].
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