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Criminal law is divided into two general categories. Substantive criminal law is concerned with the declaration of conduct that is prohibited and the calendar of associated penalties. Procedural law regulates the conduct of authorities during the investigative and trial phase of proceedings. The law of criminal procedure is divided into three broad phases: pre-trial, trial and sentencing. Each phase is governed by important policy concerns relating to due process, the right to silence, the liberty of the individual, privacy and equal treatment. Some of these policy concerns will be discussed throughout this chapter. This chapter provides a overview of some of the important aspects of criminal procedure, but readers are encouraged to consult specialists reference texts in their own jurisdiction for detail.We begin this chapter by considering the nature of summary offences, before turning to explore the concept of public peace and its associated relationship with procedure and powers. We then consider the major categories of summary offences relating to public order, before concluding with traffic offences.
This chapter moves back to institutions to deal with the general decline in litigation over failed credit that began around 1690, and argues it came about largely because of changes in credit networks. It demonstrates how attorneys’ business moved away from litigation to conveyancing, and how they profited by becoming local credit. It also looks at the increasing use of local summary justice in the Courts of Requests in London, Bristol, and Newcastle to enforce the small debts of poor consumers, as well as the growing use of arrest and imprisonment in the common law courts. While the use of paper currency provided greater liquidity in credit markets, and reduced the overall level of litigation massively, those debtors who went broke began to be treated in a much harsher fashion.
States frequently use leadership decapitation in their domestic and cross-border counter-insurgency/terrorism operations, yet the literature is far from having a consensus regarding its effects. I argue that literature focuses on the military implications of decapitation (its implications for the organisation’s operational capabilities/ability to generate violence) at the expense of its implications for negotiations between insurgents and the state. Second, I argue that leadership arrest and killing are analytically distinct categories of leadership decapitation that can trigger different processes and outcomes and that an arrested leader’s possible role from the prison should be considered in the analysis since leadership arrest alters the leader’s incentives, resulting in a new bargaining game between the leader, the state, and the organisation. I empirically illustrate these arguments using the arrest of the leader of the Kurdistan Workers’ Party (PKK) Abdullah Öcalan as a theory-building case study. In the case study, I show that Abdullah Öcalan’s arrest was productive for terminating the conflict in the short run, whereas it was counter-productive in the medium and long run. These findings suggest that the literature may benefit from tracing the process closely, considering the dynamic nature of conflicts and the impact of decapitation on bargaining processes, without limiting the temporal scope of inquiry.
This chapter first turns to patterns of arrest, imprisonment, and release, then to life inside the camps, including sites of terror, and also to prisoners’ attempts at survival, self-assertion, and resistance. It examines how inmate populations changed over time and how life and death in the camps was tied to gender, age, and class as well as networks. It also compares the experiences of Jewish inmates to non-Jews in these same camps.
Uterine extensions occur in <10% of cesarean deliveries, with extensions into the broad ligament being the least common. The highest rate of extensions at the time of a cesarean delivery are during the second stage of labor, ranging from 14 to 26%. If pushing lasts for >4 hours, that rate increases to 40%. These patients have a higher rate of postpartum hemorrhage, but there are no other risk factors clearly identified in the literature. Therefore, prevention of extensions is critical. This can be accomplished with a uterine incision that is expanded with a blunt, cephalad-caudad technique, as well as by using several evidence-based methods as detailed in Case 53. Visualization is key during management, and for this you may need additional help. Small, stable broad ligament hematomas can be monitored, whereas an expanding hematoma is an obstetric emergency, requiring pressure or rapid surgical management. If a hematoma expands despite an O’Leary stitch and uterotonics, IR consultation for embolization is a first-line intervention. If unavailable, it may be necessary to evacuate the hematoma and attempt to isolate the bleeding vessels for ligation. If the patient is unstable or the hematoma continues to expand, consider internal iliac artery/hypogastric artery ligation and/or hysterectomy. Finally, cystoscopy is necessary if the extension is near the ureter or the bladder.
Patient navigation (PN) is increasingly used to help people overcome barriers to accessing health care. In a recent trial, PN was added to motivational interviewing (MI) to help patients discharged from detoxification (detox) transition to follow-up care. The goal was to test whether PN in addition to MI increased transition rates and reduced subsequent readmissions into detox compared with MI alone. Results demonstrated little evidence of a treatment effect on either of these two outcomes, but post hoc exploratory analyses showed that patients who received PN were less likely to be arrested in the year following discharge than patients who did not receive PN. In addition, the group that received PN had fewer multiple arrests resulting in a lower average number of arrests per person. These findings are hypothesis-generating and need replication for conclusive inference. Nevertheless, economic analysis indicates that PN after detox could be a cost-beneficial intervention to reduce arrests among a population at high risk for involvement in the criminal justice system.
Chapter 5 considers the surveillance of potential terrorists and their arrest, including the force that may be employed to do so. Once in custody, criminal suspects should be interviewed without the threat or use of physical coercion in order to gather evidence to decide whether or not it is right to engage a prosecution for terrorism (or other criminal offences). In certain circumstances, control orders or similar judicial decisions may limit the actions at large of an individual suspect with a view to protecting the public. Most controversial of all, preventive detention by the State may sometimes be made where an individual has been convicted of no crime and is not being held on remand with a view to future prosecution. The chapter addresses these issues in turn considering the treatment of terrorist suspects in accordance with fundamental human rights.
Status epilepticus (SE) is a neurological emergency defined as a continuous seizure or cluster of seizures lasting longer than 30 minutes. Because of increased mortality risk, SE is practically defined at 5 minutes. Clinically, SE can be separated into convulsive SE (CSE) or nonconvulsive SE (NCSE). For both diagnoses, the initial treatment of choice is a benzodiazepine, most commonly lorazepam 4 mg IV. Midazolam and diazepam (to a lesser extent) are also appropriate. If the status epilepticus continues, loading doses of fosphenytoin (20 mg/kg), levetiracetam (60 mg/kg), or valproate (40 mg/kg) are the next step in management. Continuation of SE past this point is considered refractory. For CSE, patients are almost always intubated and managed with IV anesthesia. For NCSE, intubation is often not needed at this point, with additional ASMs used instead to sidestep the risk associated with intubation and IV anesthesia. A key factor in guiding SE management is identifying the etiology (i.e., antibiotics for meningitis).Lastly, post cardiac arrest is briefly discussed as it is unfortunately commonly encountered.
The second power of the police is used to collect evidence and people, either summarily or by warrant, and present them to a magistrate for adjudication, principally in matters of criminal law. The traditional model assumes the purpose is to establish guilt and determine the appropriate punishment, with the result being incarceration and the harmful and disruptive consequences that often follow from it. A broader conception considers that the law is what signals the government’s legitimate interest in regulating a behavior owing to its risks and consequences, or the manner in which it violates rights, and these statutes are what empower the police to operationalize the government’s interest. This does not mean, however, that the necessary response should always be punitive; it can instead be linkage to care, treatment, or other interventions that address behavior. The chapter closes by observing that the criminal law is nonetheless what empowers the police to act in response to behaviors regardless of the consent or intentions of others, and if the government wishes to retain this ability while shifting crisis response away from police, it will need to solve the puzzle of how actors not empowered by the criminal law can otherwise decisively represent the government’s regulatory interests regarding individual behavior.
The correlates of legally significant outcomes that have been identified in people with mental disorders are of limited value in understanding the mechanisms by which these outcomes occur.
Aims
To describe the relationships between mental disorder, impaired psychosocial function, and three legally significant outcomes in a representative sample of the US population.
Methods
We used a population survey, the National Epidemiologic Survey on Alcohol and Related Conditions (NESARC-III, sample size 36,309), to identify people who self-reported serious trouble with the police or the law over the past 12 months and two lifetime outcomes, being incarcerated and engaging in violence to others. DSM-5 categories were generated using the Alcohol Use Disorder and Associated Disabilities Interview Schedule-5. Psychosocial function was assessed using social and role-emotional function scores of the 12-Item Short-Form Health Survey Version 2.
Results
Participants with mental disorder, but not people with no diagnosis, who reported serious trouble with the police or with the law during the previous 12 months reported significantly worse psychosocial function than those who did not report such trouble. The size of the statistical effect varied by diagnosis, moderate for some forms of mental illness and for alcohol abuse and nonsignificant for drug abuse and the personality disorders. Effect sizes were largest for diagnoses where legally significant outcomes were least common.
Conclusions
The effect of impaired psychosocial function, for instance in disrupting family and social networks that would otherwise protect against these legally significant outcomes, warrants further investigation in studies with longitudinal designs.
Bakhtin's biography is difficult to untangle, for two reasons. First, because his repression by the Soviet government meant his work was, for the most part, denied a public hearing until late in his life. Second, because the rediscovery of Bakhtin in the 1960s and 1970s was plagued by political arguments over not only the meaning of his work, but even the basic facts of his biography. This chapter disentangles the facts, as best we know them, from the myths that have been woven around the man. The result is a picture of a scholar far more integrated into the intellectual world around him than is usually admitted. Bakhtin had an extraordinarily trying and difficult life, marked by revolution, Stalinist repression, and the war, but he managed to create works of exceptional intensity and interest despite that.
Chapter 4 examines the experiences of young, black, urban-based, and predominantly male civic and political activists, who were pervasively persecuted by the police through violent arrests and inhumane conditions in detention. For ZANU-PF, the stages of arrest and detention offered a public platform on which to perform the party’s portrayal of activists as ‘criminals’. Framing the physical violence, mental torment and isolation that marked their treatment at the hands of the police as an experience which would not occur in a ‘normal’, ‘rule-bound’ and ‘democratic’ society, activists in turn refused to accept these efforts to criminalise them. ZANU-PF’s use of the law, activists argued, could not grant it authority. Activists were confronted, however, with the fact that their understandings of their arrest and detention as ‘illegitimate’ were not universally shared. In the eyes of certain family members they were still ‘criminalised’, despite the fact that they were targeted for arrest due to their political activities, rather than for, for example, committing petty theft. This highlights the existence of multiple legal consciousnesses in Zimbabwe, some of which are built less on notions of how the law should work, and more on a recognition of the power of law itself.
This chapter deals with the aftermath of Ho Chi Minh's arrest and incarceration in Victoria Prison (along with that of a female comrade Ly Sam/Co Thuan). It draws upon a trove of documentation, both personal and political, that was seized from Ho Chi Minh's Kowloon City premises. These documents were lost to British record keepers but survive in French and Russian archives and are here offered for the first time in print. The chapter examines Ho Chi Minh's household budget notebooks to reveal the names of tenants and their activities. It also introduces the crucial support rendered by local lawyer Francis Loseby in mounting the Sung Man Cho/ Ly Sam defense in Hong Kong's Supreme Court. Besides offering detail on Ho Chi Minh's prison experience, this chapter also introduces rare documentation in the form of letters written from prison to the French double agent, including his own medical and mental condition, among other key intelligence details reaching French ears.
Sudden cardiac death is an uncommon but yet catastrophic event, which can occur in neonates and young children. Although extensive research has been carried out assessing the underlying causes, there still remains a degree of uncertainty around this area. Congenital heart disease (CHD) is one known cause of sudden cardiac death in children, the aetiology of which embraces virally induced mechanisms, genetic susceptibility, drug-induced, and maternal factors. Screening tools and investigations including electrocardiograms and echocardiograms alongside a concise history taking and physical examination can be used to identify the potential cardiovascular risk factors of sudden death. This review has comprehensively studied the causes and risk factors for sudden cardiac death in children with CHD and provides a collation and summary of the evidence available so far underpinning the complex link between the two. Moreover, current screening and prevention methods are discussed in detail in order to increase awareness and understanding of how we can improve patient outcomes.
The Prosecutor begins by identifying situations for ‘preliminary examination’. A list of countries being considered for publication is published on the website of the Court. The Prosecutor reports annually to the Assembly of States Parties on the situations being considered at the preliminary examination stage. After deciding to proceed with an investigation, the Prosecutor applies for warrants of arrest or summonses to appear. When the accused appears before the Court, it may decide to allow interim release although detention during the proceedings appears to be the general rule. The case will not proceed for trial in the absence of the accused. The Pre-Trial Chamber must confirm the charges, following a hearing. The Pre-Trial Chamber also oversees the preparation of the case for trial, including disclosure of prosecution evidence to the defence.
This article examines the historical evolution of policing in America with a focus on race. Specifically, it is argued that racial bias has deep roots in American policing, and reforms in policing and American society have not eliminated the detrimental experiences of Blacks who encounter the police. Historical information and contemporary empirical research indicate that, even when legal and other factors are equal, Blacks continue to experience the coercive and lethal aspects of policing relative to their non-Black counterparts.