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22 results

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  • Transformative Experiences, Anticipatory Regret, and Informed Consent

  • Elizabeth Lanphier, Shannon Fyfe
  • Journal:
    Hypatia , FirstView
    Published online by Cambridge University Press:
    13 June 2025, pp. 1-17
    • Article
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  • Regret risk is not consistently part of information sharing within informed consent. Yet two kinds of decisions that often invoke concerns about future regret, abortion and sterilization, raise considerations for the role of regret in clinical decision-making and informed consent, particularly regarding decisions about potentially transformative experiences. We distinguish between first-personal and second-personal anticipatory regret and argue that first-personal anticipatory regret can play a productive role, but second-personal anticipatory regret can function in ways that are pernicious. Introducing second-personal anticipatory regret into medical informed consent processes is, we argue, not only not required for informed medical decision-making, but impermissible within the clinical encounter. This view has broader implications for medical decision-making about potentially transformative experiences, and for empirical research on regret regarding healthcare decisions.

  • 6 - Prosecutorial Discretion

  • from Part II - Criminal Procedure
  • Edited by Kai Ambos, Antony Duff, University of Stirling, Alexander Heinze, Georg-August-Universität, Göttingen, Germany, Julian Roberts, University of Oxford, Thomas Weigend
  • Book:
    Core Concepts in Criminal Law and Criminal Justice
    Published online:
    24 February 2022
    Print publication:
    17 February 2022, pp 169-218

  • Summary

    Within the criminal justice system, the presence or absence of discretion is one of the most important determinants of whether or not the system secures justice for all parties and participants. The question is where justice lies on the spectrum running between criminal law by rules and criminal law by decision. Prosecutors in German and Anglo-American criminal law occupy distinctive roles, as decision-makers, due to both the institutional and normative framework, and the presence of both role duality and role ambiguity. Since prosecutorial discretion in the context of an investigation cannot be separated from police discretion, this chapter covers all discretionary decisions during the proceedings by prosecutors and the police. The chapter thus only deals with discretionary decisions of other agents (such as judicial discretion) from a conceptual perspective since the particular, constitutionally protected position of judges affects their discretion considerably. In the words of the German Constitutional Court: ‘Police forces and public prosecutors do not enjoy independence and cannot be expected – with regard to their investigatory powers and duties – to show the same strict neutrality as judges do.’

  • Mental Disorders in Firefighters Following Large-Scale Disaster

  • Shannon L. Wagner, Nicole White, Christine Randall, Cheryl Regehr, Marc White, Lynn E. Alden, Nicholas Buys, Mary G. Carey, Wayne Corneil, Trina Fyfe, Lynda R. Matthews, Alex Fraess-Phillips, Elyssa Krutop
  • Journal:
    Disaster Medicine and Public Health Preparedness / Volume 15 / Issue 4 / August 2021
    Published online by Cambridge University Press:
    27 May 2020, pp. 504-517

  • Firefighting service is known to involve high rates of exposure to potentially traumatic situations, and research on mental health in firefighting populations is of critical importance in understanding the impact of occupational exposure. To date, the literature concerning prevalence of trauma-related mental disorders such as posttraumatic stress disorder (PTSD) has not distinguished between symptomology associated routine duty-related exposure and exposure to large-scale disaster. The present systematic review synthesizes a heterogeneous cross-national literature on large-scale disaster exposure in firefighters and provides support for the hypothesis that the prevalence of PTSD, major depressive disorder, and anxiety disorders are elevated in firefighters compared with rates observed in the general population. In addition, we conducted narrative synthesis concerning several commonly assessed predictive factors for disorder and found that sociodemographic factors appear to bear a weak relationship to mental disorder, while incident-related factors, such as severity and duration of disaster exposure, bear a stronger and more consistent relationship to the development of PTSD and depression in cross-national samples. Future work should expand on these preliminary findings to better understand the impact of disaster exposure in firefighting personnel.

  • 10 - The Role of the Prosecutor

  • from Part III - Criminal Justice and Procedure
  • Edited by Kai Ambos, Georg-August-Universität, Göttingen, Germany, Antony Duff, University of Stirling, Julian Roberts, University of Oxford, Thomas Weigend, Alexander Heinze , Georg-August-Universität, Göttingen, Germany
  • Book:
    Core Concepts in Criminal Law and Criminal Justice
    Published online:
    19 December 2019
    Print publication:
    16 January 2020, pp 343-388

  • Summary

    The prosecutor’s position within the criminal justice system cannot be overstated. Robert Jackson, former United States Attorney General, who gained worldwide reputation through his role as Chief United States Prosecutor at the International Military Tribunal in Nuremberg, remarked fully seventy-five years ago that: ‘The prosecutor has more control over life, liberty, and reputation than any other person in America.’ Prosecutors are ‘the criminal justice system’s real lawmakers’ and ‘the gatekeepers to the justice system’ system’, insofar as they make the crucial decisions about which individuals enter the criminal justice system and under what conditions they move through it.

International Criminal Tribunals
  • A Normative Defense
  • Larry May, Shannon Fyfe
  • Published online:
    16 March 2017
    Print publication:
    02 March 2017
  • In the last two decades there has been a meteoric rise of international criminal tribunals and courts, and also a strengthening chorus of critics against them. Today it is hard to find strong defenders of international criminal tribunals and courts. This book attempts such a defense against an array of critics. It offers a nuanced defense, accepting many criticisms but arguing that the idea of international criminal tribunals can be defended as providing the fairest way to deal with mass atrocity crimes in a global arena. Fairness and moral legitimacy will be at the heart of this defense. The authors take up the economic and political arguments that have been powerfully expressed, as well as arguments about sovereignty, punishment, responsibility, and evidence; but in the end they show that these arguments do not defeat the idea of international criminal courts and tribunals.

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