From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I


^ From Elder Guardianship to Long Term Legal-Care
Israel Doron, Haifa University

Since the 1987 Associated Press report that found "[t]he nation's guardianship system, a crucial last line of protection for the ailing elderly From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I, is failing many of those it is designed to protect," the legal landscape in this field the United States and many other Western countries, changed dramatically. Law reform concerning guardianship swept From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I these countries. Yet, despite deep and extensive reform activity, debate and disagreement continue to rule the field of guardianship over older persons.

This paper argues that what guardianship needs today in order From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I to break "the rock of guardianship culture" is a totally new path. Not just another wave of reform nor further attempts to educate or train, but rather a totally new model: the long-term From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I legal-care model (LTLC). The key to the proposed model is understanding that the challenge for guardianship is its transformation from a narrow substitute-decision-making mechanism into an integral part of From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I community-based long-term care program.

idoron@univ.haifa.ac.il
^ Self-Neglecting Elders: Is intervention by Protective Services for Adults an Ethical Dilemma or Legal Obligation?
Susan B. Somers, International Network From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I for the Prevention of Elder Abuse, Nassau, USA

Self-Neglect occurs when older people refuse the help or care they need, for some, it is a symptom of mental heath problems From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I, such as depression, dementia, substance abuse or mental illness (Nerenberg, L, NCEA, 2/2002).

In 1996 2.2 million cases of elder abuse were estimated in the US, including 1.0 million cases of self-neglect (NCEA 1997). Some 20 separate types From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I of self-neglecting are reported in Elder Abuse Literature. Behaviors ranging from direct suicide and covert suicide through various types of self destruction behavior to indirect life threatening and indirect self destructive From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I behavior (ISDB) or self injurious behavior (SIB) “ … that results in organ or tissue damage to the individual: (Sengstock, Thibault and Zaranek, JEAN Vol. 11 No 2, 1999; Pies & Polpi, 1995, p 580)

This presentation will фокус on the practical From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I aspects and integral roles of Protective Services for Adults and the Mental Health Professional, in investigating self-neglecting elders, and in achieving protection through the least restrictive intervention. The factors of From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I capacity (self-determination) and risk in determining the appropriate nature and level of intervention for the protection of at-risk populations will be evaluated. This presentation will discuss the guardianship process designed From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I to protect the interests and well being of vulnerable adults.

sbsomers5@aol.com
^ Ethical and Psychological Reflections on Restorative Justice Trust and Power-distance: Implications for Restorative Justice
Diane Sivasubramaniam, University From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I of New South Wales

Youth Justice Conferencing (YJC) is a Restorative Justice (RJ) procedure, operating in the Juvenile Justice system. Many studies examining YJC have found that conferencing increases participant satisfaction, compared From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I to court procedures. However, little is yet known about the mechanisms by which this occurs. There is a growing need for experimental research regarding: why RJ achieves this objective, for whom RJ is working, and From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I whether it is working differently for different people (Polk, 2002). Research involving Hofstede’s (1980) power-distance variable suggests that people who measure low on power-distance emphasise procedural justice concerns in their fairness From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I evaluations, whereas those who measure high on power-distance emphasise distributive justice concerns. Since power-distance tends to vary across cultures, this represents an important consideration in the way From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I in which participants from different cultural backgrounds respond to mediation. This project investigates differences in the ways in which high and low power-distance participants determine fairness in a facilitative mediation, such as YJC From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I. Conferencing processes in Australia can be divided into two broad categories: police-convened and other models. Perceived bias in an evaluative mediation leads to a qualitative change in the way in which From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I participants evaluate that procedure. Based on evidence that young people of ethnic minorities often view the police as untrustworthy, bias in this experiment was manipulated through the use of a police From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I (bias) vs. civilian (no bias) convenor. Results are discussed in terms of their implications for procedural justice theory, for debate on RJ procedure, and for culturally-relevant police practices.

dsivasubramaniam@psy From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I.unsw.edu.au
^ Making Amends for Wrongdoing
Antony Duff, The University of Stirling

Some advocates of ‘restorative justice’ фокус on the need to repair the harm that is caused by crimes—though it is often unclear From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I just what this harm amounts to, or how it can be ‘repaired’. Others, rightly, фокус on wrongs, rather than merely on harms, as what make ‘restoration’ necessary in the From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I aftermath of crime: what requires ‘repair’ is the wrong that was done to the victim and, through the victim, to the wider community. This then raises the question of what can count From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I as ‘restoration’, or ‘repair’, in the aftermath of criminal wrongdoing.

It seems natural to say that the wrongdoer should ‘make amends’ to those whom he has wronged (to the direct victim, if there was one From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I; to the wider community, if the wrong was a ‘public’ wrong): but how can amends be мейд? Apology is central to making amends, and I will фокус on three questions about From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I apology in the context of the kinds of public wrong with which the criminal law is concerned—

The last of these questions leads us towards punishment: for, I will argue, we can see certain types of punishment as giving forceful material form to the From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I apology that the offender owes the victim and the community.
^ Restorative Justice, Emotion and Therapeutic Culture
Gerry Johnstone, University of Hull

One of the most significant recent developments in the sphere of crime, criminal justice From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I and penal policy has been the emergence of a complex of ideas and practices known as restorative justice. The pros and cons of restorative justice as a feasible and effective form of From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I crime control have been much debated. This paper forms part of a broader attempt to place the emergence of restorative justice in a broader cultural context, by looking at From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I the cultural sources of its ideas and examining where it is taking us culturally.

Distinctively, instead of relating restorative justice to the ‘new penology’ or the ‘new regulatory state’, as others who From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I have asked such questions tend to do, this paper relates the rise of restorative justice to a rather different phenomenon: the triumph of the therapeutic.

Social theorists have long suggested that there From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I has been a long-term shift from religion, then to law, then to therapy, as the dominant institution of regulation and social control. Whilst such a shift has often been celebrated as ‘progress’, social theorists From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I have been concerned to explore its darker side. Amongst the latest contributions to this debate is Frank Furedi’s book Therapy Culture (London: Routledge 2004). Furedi claims that we now live From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I in a society in which the challenges and misfortunes of everyday life are regularly interpreted as threats to our emotional well-being and hence as targets for therapeutic intervention. For Furedi From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I, this development is highly undesirable. This paper asks:

To what extent can the emergence of restorative justice – with its emphases on the emotional consequences of victimisation and on the need to heal the injuries of From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I crime - be understood as an aspect of a broader rise of therapeutic culture?

To the extent that restorative justice incorporates the assumptions of therapeutic culture, how does this affect From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I our assessment of it?

J.G.Johnstone@hull.ac.uk

Doing Justice to Victims of Violence

Albin Daering, Legal Advisor, Vienna, Austria

The presentation inquires into the functions of the criminal justice system (police, the public prosecutor From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I’s office and courts) in the context of the recovery process of victims of violence.

1) It is suggested that the recovery process should be constructed along four stages, which are:

2) Police and the criminal justice system From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I have to understand  and to adapt their interventions to   these phases of the recovery process in order to promote and not to endanger the recovery of victims of violence. This needs:

3) On the basis of recent Austrian reform projects related to domestic violence From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I and trafficking of persons the preconditions and the results of victim-centered approaches in policing and in shaping an adequate response of the criminal justice system’s response are explored From Elder Guardianship to Long Term Legal-Care - Forensic Evidence in Criminal Trials I.

office@weisser-ring.at
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