July 16th, 2009 at 01:07pm
Under Juvenile Law
The field of criminal justice is no longer a male-dominated industry. In fact, it is now a booming and nearly recession-proof field that is constantly seeking highly-trained individuals of both gender. The following are descriptions of the many rewarding career options the field of criminal justice has to offer for women.
Law Enforcement:
Opportunities for women exist in law enforcement at local, county, state and federal levels. Whether you want to work patrol, corrections, security or become specialized in some area, law enforcement may be the place for you. State positions are available in the area of highway patrol or the division of criminal intelligence. Federal positions for law enforcement vary within each agency. Such positions are available in the Federal Bureau of Investigations; Border Patrol; Alcohol, Tobacco and Firearm; Secret Service and Homeland Security.
Civilian Support:
Every agency of criminal justice uses civilian support personnel and many of these positions are held by women. Report takers, dispatchers, records specialists, computer information support personnel and radio technicians are the predominate positions held by civilian support.
Court Positions:
Lawyers, victim advocates, domestic violence advocates, paralegals, court reporters and support staff positions are other viable options for women in criminal justice. There are investigative positions for both prosecutors and defense attorneys as well. These positions generally require some prior investigative experience.
Corrections
The field of corrections offers many advantages to women as well. Female correctional officers are needed in any institution that houses females. These can also range from adult to juvenile facilities and maximum to minimum security facilities.
Civilian Positions:
Private security grows each day as more and more agencies are filling in where law enforcement can no longer reach. Large corporations and hospitals often have security/loss prevention positions that offer better hours and advancement opportunities than law enforcement.
Forensic Science
Criminalistics is a field within criminal justice that will continue to grow as technology grows. This field involves advanced crime scene investigating. Arson, handwriting, ballistics, DNA, drug screening and fibers are only a few of the many areas of specialties within the forensic science fields.
When looking at a career in the criminal justice field, women are only as limited as their thinking. Find your passion and follow it, as gender should never stop you from any career you choose.
BeginCollegeNow is your career and
education headquarters. We are experts in
education, assisting students with that all important decision of selecting a major and using their degree to begin a new career. BeginCollegeNow also provides valuable research on careers in
business,
education,
nursing, health care, technology and many more. Check us out to get a glimpse into the many career and
education options available to you.
July 16th, 2009 at 07:06am
Under Juvenile Law
What is a legal constraint? And What is a commecial constraint? I’m confused are they the same thing or diff?Is there a difference or what? Legal constraints are laws that tell you not to do something. For example, if you’re 12 years old, you can’t work. You are restricted by the law (constrained). Commercial constraints are usually intuitive.Estate Laws and Wifes rights in the commonwealth of kentucky?If a husband dies with no will, and owns property what are the rights of the wife, and his childern from previous marragies? Thanks As schz told you, INTESTATE SUCCESSION controls. Although schz told you were to read a website’s opinion, the CORRECT link is here:What is a legal contract?So, my roommate promised to sell a parking pass to a person for a price written in an email. But, then we decided to not sell it 2 days later. The person who wants to buy the parking pass tells us that we have to sell it to her because its illegal if we.Law abiding citizen. Illegal Aliens. I think not.?Recently, I was pulled over for a routine traffic stop. I’m 19 years old and born in the United States. My parents are asian and Italian. Therefore, I’m a deep dark tan with jet black hair and a squnity hispanic features. I’ve been mistaken for a Mexican many times. Anyway, the.Law can i kick my child out of home who is 16yrs old and also has ADHD a mental health problem?he is rude aggresive vile and is spliting my family up what is the law on my behalf You will have to present a case to a judge and petition the (juvenile) court to place the child elsewhere..Law Degree from University of Buenos Aires.can he work in the US?My Boyfriend is from Buenos Aires, Argentina. He has his law degree from the University of Buenos Aires and is thinking of coming to the US to see if he can work for a couple of years. He has an ‘Abogados’ degree which is an Attorney-At-Law and.Law enforcements/offenders-courts?where can i find information about 1.the number of felony and misdemeanor cases annually 2. type of alternatives to incarceration that are available 3. the requirements for obtaining a sentence that involves an alternative 4 if restitution programs are avaialble and how the programs operate 5. success or failure of the program i need it in the.Law for posting sex offenders at apartments?While looking up something on our local police website, i learned that a tier 2 sex offender lives just yards away from me in my apts. (offended two girls ages 7 and 9). I live in a family friendly apt complex, big grassy areas, lots of kids and pets. I thought that.Law on an 18 year old can drinking alcohol??well this co-worker on mine said that there is a law in California stating that an 18-20 year old person CAN drink alcohol but they have to be under their parent/legal guardian supervision AND at their house. I never heard of anything like this, sounds more like a myth or.Law on verbal abuse?I live in a large apt. complex in ontario,canada. Two months ago I was walking my dog and returnig with him a lady came out with her two dogs. The dogs bolted when they seen my dog causing this woman hand to hit her self in the mouth and broke the skin. I was knocked.Law question , Pls help me!?On January 5, Amy wrote a letter to Benny offering to sell her van for $160,000. Amy stated in the letter that Benny had to reply by January 15 or she might sell to someone else. On receiving the letter in Jan 8, Benny immediately sent a letter to Amy asking whether she.Law question..?Peter, a businessman residing in Singapore enters into a contract to supply toys to Mike who is a citizen of Malaysia. The letter of acceptance is received by Mike in Malaysia. Mike then receives the consignment of toys but refuses to pay $100,000 being the price of the goods. Peter wants to know what are his contractual.Law suit or.?I posted a question regarding an incident on my son’s school bus last month.well, once again another incident has happened.TODAY! I have the incident report from the 1st one (it was a bump on the head from the window.he’s 4yo btw) and I’m in the process of getting the incident report for today’s accident as well..Law? to be pregnant under age?is there a law that says that you can’t be pregnant under age? nope – NO – Nope.you can get pregnant at any age. Really, theres no law preventing it. I wouldn’t do it, but it’s legal – depand on the country you are living in.. – There is a law that probits.Laws about advances on a paycheck?My husband and I both worked at the same restaurant. About a month ago my husband asked for an advance on his paycheck. I had nothing to do with it We didn’t even talk about it. They gave it to him but labout 3 weeks ago my hiusband had some words with our.Laws for renters on satellite/cable choices?I thought there was some type of federal law that required apartment complexes or renters to allow people the choice of their television providers? I live in a relatively large apartment complex. They offer cable through themselves (from Time Warner) for 40$ a month for BASIC cable. (only 50 channels) Everyone around us.Laws on sexual assault?How long does the law protect a victim? I’m not talking about rape or anything just unwanted sexual contact. If it happened about a year ago can anything be done? I believe the guy is now labeled as a sex offender for other things he has done in the past two years, so does that.Laws on stealing a dog?ok their was a dog next door who was left over night because owners left. My next door neighbor found it at her house, so she dicieded to keep it until they come home. But she gave it to her sister. Do you think it was wrong and they should get in trouble. yes.Laws on trespassing?I recieved a ticket in the mail for trespassing and fishing without consent. The guy caught us fishing on his property and stole the keys outta our truck and held us there until police came. They didnt arrest us but sent us a ticket 3 weeks later. The date on the ticket is wrong. What are.Laws that deal with matters such as contracts, equal treatment and property ownership are known as what? Contracts fall under the UCC Uniform Commercial Code of the U.S. or on the state level, either the Business Code or commercial code of the state. Equal Treatment, depending on what you mean by that phrase, can fall under the U.S..Lawsuits. Why can’t America have a loser pay system.?In most industrial countries they have a loser pay system. If a lawsuit is filed, the loser of the suit pays all expenses. This makes a person think twice before filing a lawsuit or frivolous lawsuit. Why can’t America have this. Is it that the lawyers and their lobbyists are.Lawyer fucked me?my brothers wife was found murdered in the kitchen of their house she had been shot 3 times. i own a gun for protection and the bullets she was murdered with was the same fit for my gun. my lawyer really fucked me over and im in deep * with the case and if im convicted.Lawyer in Texas?I am looking for a lawyer in Texas around Alpins or Marfa. That is about 3 hours from Midland. I need a lawyer that can help me with a child support case. I am having a really hard time and I just have a couple of questions for them. PLEASE HELP ME! Any information would help!.Lawyer info help?I am looking to hire an attorney in a different state than I am currently residing in, as per courts wishes for a resolution/ammendment of a divorce decree. My problem is that I have found one, and seems very nice but at the same time I believe she might have a mouth on her as well.Lawyer-In-The-Making.tips??I’m in high school and I want to be a trial lawyer. I’m already involved in mock-trial type things, but is there anything else I can do? I still am not very good at looking at things and being able to tell, for example, if someone is lyign by that evidence. What should I do? Two things you.Lawyer’s advice and absolution from accountability?Does anyone know what the US law is concerning getting advice from a lawyer and that advice absolving you from accountability? Although it is being used in other veins, it is my understanding that some criminals would go to their lawyers to get advice about an issue. When it came to being prosecuted,.Lawyers and other people who know the law?If a woman throws a drink in a man’s face or slaps him for being verbally abusive or inappropriate, can he file charges against her, for assault, battery, things like that? Just theoretically . . . Yes. Basically any unwanted contact constitutes a battery. If the guy felt threatened, or in.Lawyers are required to pass a comprehensive bar exam to be licensed to practice law?What effect should this have on the number of lawyers, the wages they receive, and the price people have to pay to receive legal services? I agree with the first answerer. The Bar Exam is generally pass fail, though it is extensive. In NY.Lawyers only please!! if a 13 year old was raped and the 19 year old got 3 years in jail then the 13 year old?said it was consensual how much time would be knocked off including involuntary deviate sexual intercourse, criminal tresspassing, rape, etc. i know he could still get in trouble for messing with a 13 year.Legal action after purchasing a house in Michigan?My husband and I purchased a house in Michigan in December 2006. We didn’t realize or have any clue that there would be leaking in the basement when we bought the house because it was winter. There were no obvious signs of dampness in the basement. This spring we found out..Legal action against T.B. man Andrew Speaker?This man Andrew Speaker a lawyer from Atlanta knowingly boarded a transatlantic flight while he was a carrier for an extremely resistant strain of tuberculosis possibly infecting hundreds of people along the way and even flying back after the CDC called him in Rome and told him to report to the Italian.Legal advice about my employer.?I started waiting tables at a restaurant in nyc and got my first pay check for 22 hours of work for a total of $104.50 before deductions. The deductions for this first check were: FIFCA: $14.41 FED WT: $9.82 NY ST: $2.45 NY DIS: $.60 Total of deductions:$29.28 My net take home pay was:.Legal advice for a renter in Virginia.?There is no lease. The bastard doesn’t even claim the house as a rental. We’ve paid the first, and last months rent, plus the thing that pays for damages for when we move out.(I’m blonde.) Someone dropped a puppy (lab) off in our yard. We decided to keep it. We already have.Legal advice in NY State- regarding criminal conviction?I am feeling very desperate, here and am hoping someone can help. My stepmother was found guilty today on forgery charges regarding a POA, and can face serious prison time 2-7 years. She had provided her attorney (public defender) with evidence, that the attorney decided not to use, she wanted to.Legal advice needed?However it’s in my husbands name and he has a private mortgage through his mothers ex boyfriend. My husband is in boot camp right now and he told me to tell the house, I have Power Of Attorney so I can do it. BUT, there was a promisary note written up and I need a copy. More law questions please visit : LawFreeFAQ.com
LawFreeFAQ.com
July 15th, 2009 at 07:06pm
Under Juvenile Law
NOTE: THE ARTICLE APPEARING BELOW WAS COPIED ON 22 JUNE 2009 BY http://www.cityadministrator.org/?p=397 WITHOUT MY PERMISSION AND WITHOUT CITING THIS AUTHOR. The blog is hosted by GoDaddy and registrant
Baltimore City Department of Social Services v Bouknight,
488 U.S. 1301 (1988)
A three month old infant was admitted for treatment in a hospital. It became apparent that the mother, Jackie Bouknight may have maltreated the infant. Consequently, the Department of Social Services (DSS) petitioned the Court to declare the child as a “child in need of assistance” and grant it the power to put the child under foster care (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988). The Court granted relief and it was agreed upon by the parties that Bouknight shall have the custody of the child subject to the conditions of supervised parenting and an undertaking of non-infliction of bodily harm and punishment on the child. At first, Bouknight complied with the conditions but later on she became uncooperative and refused to produce her son to the DSS.
The DSS in fear for the safety and well being of the child filed a case before the Court to compel Bouknight to produce her son. She failed to appear before the Court but was later on arrested. On her refusal to disclose the whereabouts of her son, she was found guilty of contempt and was ordered to be incarcerated until compliance with the order [In re Maurice, No. 50 (Dec. 19, 1988). 314 Md. 391, 550 A.2d 1135].
On certiorari, the Court of Appeals of Maryland ruled that the incarceration of Bouknight was an infringement of her Fifth Amendment right against self incrimination. According to the Court, the production of the son is testimonial in nature because by doing so, it only proves Bouknight’s “continuing control” over her son which may be utilized in a criminal proceeding. It ruled that there are acts of production deemed to have testimonial value citing the case of U.S. vs. Doe (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988).
The U.S. Supreme Court granted the stay of DSS pending the filing of the requisite petition for certiorari. The grant of stay was based on the fact that even assuming that the act of production of the child is testimonial in character, many line of decisions of the Court are clear that as between the public need vis-à-vis a single claim of an individual on constitutional privilege, the former is upheld. In this particular case, the safety and interests of the abused child must be upheld over Bouknight’s assertion considering that, in the hierarchy of values, the safety and welfare of the child takes precedence over other concerns (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988). Moreover, the information sought which is the whereabouts of the child is for the contempt charge and therefore civil in nature (Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988).
The Fifth Amendment: Right against Self-Incrimination
The Fifth Amendment originated from England and derived from the Latin maxim “nemo tenetur seipsum accusare” meaning “no man is bound to accuse himself” (Levy, 1968). It was used in both the accusatorial and inquisitorial legal systems of England (Levy, 1968).
In the U.S., after the revolution the states ratified the Constitution with the inclusion of the privilege in the bill of rights. The original version of Madison was amended by the House to include “in any criminal case” (Schwartz, 1971). Thus, as it now stands, the Fifth Amendment provides, “. . . nor shall be compelled in any criminal case to be a witness against himself . . .” (U.S. Constitution, Bill of Rights). The primary purpose of its inclusion in the Bill of Rights is “to protect the innocent and to further the search for truth” [Ullmann v. United States, 350 U.S. 422 (1956)]. However, in subsequent line of decisions, the Court ruled that other privileges stated in the bill of Rights are more in the nature of adjuncts to the determination of truth such as the right to counsel or the safeguards afforded by the Fourth Amendment while the privilege against self-incrimination is primarily for “the preservation of the accusatorial system of criminal justice” [Miranda v. Arizona, 384 U.S. 436, 460 (1966); Schmerber v. California, 384 U.S. 757, 760–765 (1966); California v. Byers, 402 U.S. 424, 448–58 (1971)]. This maintains the integrity of the judicial system and protects the privacy of the individuals from government intrusion [Miranda v. Arizona, 384 U.S. 436, 460 (1966); Schmerber v. California, 384 U.S. 757, 760–765 (1966); California v. Byers, 402 U.S. 424, 448–58 (1971)]. The privilege is a guarantee against compulsion for testimonial evidence which consequently will result in the imposition of criminal penalty on such person making testimony.
The Court laid down the requirements necessary before a party can successfully invoke the protection of the privilege against self-incrimination. In the cases of U.S. v. Doe, (465 U.S. 605) and Doe v. U.S. [487 U.S. 201, 209 (1988)], the Court enumerated the three (3) requisites that should be present for the Fifth Amendment to apply, namely: a) “that the statement be testimonial; b) incriminating; and, c) compelled.” According to the court, ‘testimonial’ refers to all communications whether express or implied which “relate to a factual assertion or disclose information” (Ashby, J., 2006 citing Doe v. U.S., 487 U.S. 201). The statements or communications made whether verbally or in writing fall within the privilege (Ashby, J., 2006) and is not limited by the forum where it was elicited, i.e. before the court, administrative proceedings or before the law enforcement office [Lefkowitz v. Turley, 414 U.S. 70 (1973)]. The second requirement, ‘incriminating’ refers to statements that can be used as a basis for a finding of criminal liability under a penal law or “provides a link to the chain of evidence for prosecution under a criminal statute” [United States v. Hubbell, 530 U.S. 27 (2000)]. The third requisite is the compulsion to give a statement. The Court explained that this requisite refers to “circumstances that deny the individual a free choice to admit, to deny, or to refuse to answer” (Ashby, J., 2006). Additionally, the Court ruled in the case of Fisher v. United States that these three requisites should all concur and be present so that the privilege can be successfully invoked [425 U.S. 391(1976)].
Legal and Ethical Issues and their Impact on Social Work Practice
The main legal issue in the case of Baltimore is whether the circumstances surrounding it would fall within the ambit of the privilege against self incrimination and consequently, Bouknight may successfully invoke it and prevent her from being compelled to produce or furnish the whereabouts of her son lest be incarcerated for contempt.
The Supreme Court allowed the stay of the decision of the appellate court for overturning the ruling of the juvenile court and in finding that the compulsion for Bouknight to produce her son squarely fell within the privilege and therefore ordered her release (Alderman and Kennedy, 1992). The appellate court found that the act of production is testimonial and therefore its compulsion, is a violation of the privilege. Furthermore, the interest of the government in the safety of the son cannot outweigh the observance and respect for the privilege against self incrimination as provided in the Bill of Rights (Alderman and Kennedy, 1992). In other words, the three requisites concurred, i.e. the act of production or of furnishing information as to the whereabouts of her son are incriminating and testimonial in character; and, there was also compulsion because if she failed to disclose information sought she would be incarcerated for contempt as what had happened.
The Supreme Court through Chief Justice Rehnquist predicated his discussion on three major points, namely: a) The Court of Appeals passed upon a controversy concerning the federal Constitution which logically can be properly resolved by the U.S. Supreme Court (California v. Riegler, 449 U.S. 1319); b) The act of production does not fall within the ambit of the privilege citing the cases of U.S. v. Doe, Fisher v. U.S. and Schmerber v. California. In these cases, the court ruled that the act of production of the documents is not ‘testimonial’ and therefore does not infringe upon the privilege considering that their existence and location are already known to the Government. In fact, responding to a subpoena have been considered legal and acceptable even if compulsion is present [Fisher v. United States, 425 U.S. 391 (1976)]. Moreover, when an accused is required to furnish his handwriting sample, this had been held not to violate the privilege because it is not ‘testimonial’ but merely evidentiary United States v. Flanagan, 34 F.3d 949 [10th Cir. 1994]). The third point c) is by using the balancing of interests test or balancing the public need vis-à-vis ensuring the individual’s constitutional civil liberties, public need prevailed considering that the disclosure of information was non-criminal and not directed at a particular group as was held in the case of California v. Byers, 402 U.S. 424 (1971) where the validity of a law requiring disclosure of the name and address at the scene of a vehicular accident. Similarly in the case of New York v. Quarles where the Fifth Amendment rights have to give way to a public safety exception and therefore in the case of Bouknight, “the public safety exception to the Fifth Amendment was justified because its interest was in protecting children like Maurice, not in prosecuting” (Alderman and Kennedy, 1992).
In sum, the privilege against self-incrimination is not an absolute right. Albeit the civil liberties accorded under the Bill of Rights safeguards undue government intervention and restraint to its power, there are instances when these rights would have to give way to compelling interests of the society that would warrant Government intervention and intrusion such in the case of protecting and ensuring the safety of infants or children from physical abuse. Once it has been established that a child is abused, it becomes the duty of the State to take over and protect.
The judicial pronouncement in the case of Bouknight has a pervading and far reaching implication on social work practice. This gives the social workers a great burden and responsibility to follow up sharply abused children in foster care or those released under an order of protective supervision. Admittedly, there is an apparent lack of strict protocols in the present system of child welfare agencies (Parks, 2005). A set of guidelines must be crafted to govern exigencies of missing children from foster care like supervised visits and court orders in cases of abduction like what have occurred in Maryland with “Ariel” who had been abducted by his mother Teresa B (Parks, 2005). Guidelines should also be drawn to address the coordinated efforts both with the law enforcement and child welfare personnel.
Tarasoff v. Regents of University of California,
17 Cal.3d 425
A graduate student from India, Prosenjit Poddar went to the University of California Berkeley to study naval architecture. It was there that he met Tatiana Tarasoff. A few kisses made him believe that they have a special relationship until Tarasoff bragged about her many relationships with other men. Poddar suffered depression until he sought professional help from Dr. Moore, a psychologist of the University Health Service. He confided to the doctor that he intended to secure a gun and to kill Tarasoff. On the strength of a letter request of Dr. Moore, Poddar was taken by the campus police, however upon assurance that Poddar was reasonable he was released. Upon the return of the University Health psychiatrist from his vacation, he ordered the destruction of Dr. Moore’s letter and did not recommend any further action on Poddar’s case.
When Tarasoff returned from her vacation, she was stabbed and killed by Poddar who at that time moved in with her brother already. The parents of Tarasoff sued the Regents of the University, its health personnel namely, Gold, Moore, Powelson, Yandell and the campus police namely, Atkinson, Beall, Brownrigg, Hallernan, and Teel for “failing to warn their daughter of an impending danger” (Tarasoff v. Regents of University of California, 17 Cal.3d 425). At the lower court, the complaint was dismissed because there was no cause of action. According to the lower court, the defendants only had the duty to the patient and not to a third party.
The dismissal was appealed to the Appeals Court but which only sustained the dismissal. Thus, it was elevated to the Supreme Court of California. The appealed decision in so far as the university police officers, Atkinson, Beall, Brownrigg, Hallernan, and Teel finding them not liable to the plaintiffs was affirmed. However, in so far as the therapists and the Regents of the university, the appealed decision was overturned for reception of evidence in accordance with the pronouncements of the Supreme Court (Tarasoff v. Regents of University of California, 17 Cal.3d 425).
In fine, the complainants averred four (4) causes of action, namely: a) “Failure to detain a dangerous patient; b) failure to warn on a dangerous patient; c) abandonment of a dangerous patient; and, d) breach of primary duty to patient and the public” (Tarasoff v. Regents of University of California, 17 Cal.3d 425).
Anent the first and fourth causes of action, the Supreme Court ruled that the defendants cannot be held liable because of a specific provision of the Government Code or Section 856 thereof which grants immunity to public employees from any resultant damage or injury from deciding whether or not to confine a person with mental ailment. This provision is also applicable to the therapists because the law also refers to those who are capable of recommending confinement. As regards the third cause of action, the government immunity includes the “award of exemplary damages resulting from a wrongful death” and therefore, defendants cannot be held liable (Tarasoff v. Regents of University of California, 17 Cal.3d 425).
Anent the second cause of action, the Supreme Court found defendants therapists and Regents of the University to have failed to comply with their duty to warn Tarasoff of the peril to her life. Albeit, the therapists had no direct relations with Tarasoff, they could have reasonably foreseen the danger and threat to her life as confided by their patient, Poddar. This is the point where the law establishes the duty of care on their part to warn Tarasoff. Their failure to warn her may reasonably concluded as a proximate cause of her death. The duty of confidentiality between patient and psychotherapist and the right to privacy of the patient cannot prevail over public interest or public safety. Moreover, there are clear provisions of laws, i.e. Section 1024 of the Evidence Code and Section 9 of the Principles of Medical Ethics of the American Medical Association which allows the physician to divulge matters confided to him in confidence when it is necessary for public welfare (Tarasoff v. Regents of University of California, 17 Cal.3d 425).
Confidentiality
The effective therapeutic relationship between physician/psychiatrist and patient rests largely on trust that matters confided by the patient during the treatment are kept in strictest confidence by the physician/psychiatrist. It is the ethical duty of the physician to observe privacy and confidentiality of his patients (Corbin, 2007). While it is also of public interest to ensure that treatment of those who are mentally ill by maintaining an atmosphere whereby they can have an open dialogue with their therapist and of safeguarding its confidential character; the same public interest calls for an imperative recognition of instances whereby disclosure of the confidential communications be revealed and be made to safeguard public safety and avert the threatened peril. In the instances, where the public safety is at risk, the therapist must disclose confidential information discreetly with due regard to protecting the privacy of his patient (Tarasoff v. Regents of University of California, 17 Cal.3d 425).
The parameters of confidentiality are defined by law and by the ethical code of conduct for practitioners in the territorial jurisdiction. In the case of Tarasoff, the Evidence Code and the Principles of Medical Ethics of the American Medical Association provided specific and limited exceptions under which the confidentiality privilege can be breached, i.e. “if the psychotherapist has reasonable cause to believe that the patient is in such mental or emotional condition as to be dangerous to himself or to the person or property of another and that disclosure of the communication is necessary to prevent the threatened danger; unless he is required to do so by law or unless it becomes necessary in order to protect the welfare of the individual or of the community” (Tarasoff v. Regents of University of California, 17 Cal.3d 425).
It would be wise for the practitioners to familiarize themselves of the limits of confidentiality as provided under the laws considering that it may differ from state to state. The Tarasoff case provided a basis to guide a practitioner in his professional dealings relative to the duty to warn others in cases of a specific threat of harm by his patient against others/another. Subsequent cases followed the consistent pattern of the jurisprudence laid down by the Supreme Court. In the case of David v. Lhim (1983), the plaintiff-administrator of the estate sued the psychiatrist who treated the son who killed his mother after he was released from the hospital. There was failure on the part of the psychiatrist who treated the son to warn the mother of the potential danger after her son confided his intentions of killing her (Corbin, 2007). In another case, Chrite v. U.S. (2003), the Veterans Administration was held liable for having failed to warn the intended victim of a patient of a threatened harm. Subsequent rulings of the court clarified and defined what constituted ‘threat’ as “imminent threat of serious danger to a readily identifiable victim” and “specific” (Corbin, 2007).
When there are no specific provisions of the law, Dickson (1998) proposes that the therapist/practitioner may be protected against lawsuits if he would consult and keenly document the case of the patient or comply with the “mandated reporting guidelines” required by some states. Reamer (2003) on the other hand, suggests that the therapist must have evidence that the patient is a threat to the safety of another; evidence of that the threat can be foreseen; threat is imminent and that the potential victim is identifiable.
Legal and Ethical Implications and their Impact on Social Work Practice
The duty of reasonable care to assist others in danger is a legal duty as well as a moral duty. However, American negligence law only recognizes it as a moral duty except when there exists a relationship between parties. In the case of Tarasoff, no special relationship existed between the therapist and Tarasoff; however the court has made an exception to this general rule (Bickel, 2001). It declared that the therapist has the duty to care and to warn Tarasoff of the imminent harm on her life. This also includes the duty to control the conduct of his patient, Poddar. In the same breath, a doctor has the duty to warn his patient if he has a contagious disease (Saltzman and Furman, 1999).
There is an affirmative duty for the therapist to advise and warn Tarasoff of the threat to her life although this meant breach of confidentiality with his patient Poddar. This finds basis both legally and ethically considering that the law and the code of ethics for doctors have recognized and provided specifically that doctors are bound to disclose relevant facts to others even if this violates confidentiality with their patients provided they are required by law or if it is required for public safety (Saltzman and Furman, 1999). This legal duty to warn applies when the threat is specific and imminent and where the victim is “readily identifiable” (Bickel, 2001). The courts also have recognized the difficulty in assessing and predicting circumstances that may lead to harm or violence and consequently, adhered to the ‘professional judgment rule’ whereby the therapist is not held liable for errors of judgments. Liability attaches only upon showing that the conduct of the therapist was not in accordance with the “accepted professional standards” (Bickel, 2001).
There is an ambivalence that was created by the Tarasoff protective disclosure ruling with the practitioners (Kachigian and Felthous, 2004). Analogous cases and protective disclosure statutes in the different states were analyzed and it was discovered that there are no clear defined parameters of these duties. The therapist is required to a certain way betray his patient by disclosing matters which are protected by confidentiality. Considering the uncertainty brought about by the legal doctrine and court decisions, the undesirable consequence of which was deterrence for therapists to accept “treatment potentially violent patients” (Merton, 1982). Moreover, therapists are more inclined to have their patients committed in an institution so that threats to the safety of potential victims can be averted.
The Tarasoff protective disclosure was even extended recently to include even “communications made from a patient’s family member” as pronounced by the Court in the case of Ewing v. Goldstein (May and Ohlschlager, 2008). The dubious jurisprudential precedents by the courts in interpreting the protective disclosure statutes or its resort to common law instead of interpreting the statute left a vacuum in the definition of the duty to protect (Kachigian and Felthous, 2004). As a result, “clinicians must continue to rely on their clinical and ethical judgment, rather than statutory guidance, when considering potential protective disclosures or future drafts of protective disclosure statutes” (Kachigian and Felthous, 2004).
References
Alderman, E. and Kennedy, C. (1992). In our defense: the bill of rights in action. First Avon
Books edition.
Ashby, J. (February 2006). Note declining to state a name in consideration of the fifth amendment’s self-incrimination clause and law enforcement databases after Hiibel. Michigan Law Review, No. 4, Vol. 104:779.
Baltimore City Department of Social Services v Bouknight, 488 U.S. 1301 (1988).
Bickel, R. Revisiting Tarasoff v. Regents of University of California: the scope of the psychotherapist’s duty to control dangerous students. Presented before the 22nd Annual Law and higher Education conference in Clearwater, Florida on 18-20 February 2001.
California v. Byers, 402 U.S. 424, 448–58 (1971).
Corbin, J. (Fall 2007). Confidentiality and the duty to warn: Ethical and legal implications for the therapeutic relationship. The New Social Worker, Vol. 14, No. 4.
Dickson, D. T. (1998). Confidentiality and privacy in social work. New York: The Free Press
Doe v. U.S., 487 U.S. 201, 209 (1988).
Fisher v. United States, 425 U.S. 391 (1976).
Kachigian, C. and Felthous, A. (September 2004). Court responses to Tarasoff statutes. Journal
of American Academy of Psychiatry and Law Online, Vol. 23:263-273.
Levy, L. (1968). Origins of the fifth amendment: The right against self-incrimination.
May, S. and Ohlschlager, J. (2008). California alert! Tarasoff ruling expanded for clients who ‘go off.’ ECounseling. American Association of Christian Counselors.
Merton, V. (1982). Confidentiality and the dangerous patient: Implications of Tarasoff for Psychiatrists and lawyers. Emory Law Journal, Vol. 31:265.
New York v. Quarles, 476 U.S. 649 (1984).
Parks, A. (2008). Unless the Court of Appeals decision is reversed, MD children may not be. Daily Record The Baltimore.
Reamer, F. (2003). Social work malpractice and liability. New York: Columbia University Press, 2nd ed.
Saltzman, A. and Furman, D. (1999). Law in social work practice. Brooks Cole, 2nd edition.
Schmerber v. California, 384 U.S. 757 (1966).
Schwartz, B (December 1971). The bill of rights: A documentary history. Chelsea House Publishers with McGraw-Hill Education.
Tarasoff v. Regents of University of California, 17 Cal.3d 425.
Ullmann v. United States, 350 U.S. 422 (1956).
U.S. v. Doe, 465 U.S. 605.
United States v. Hubbell, 530 U.S. 27 (2000).
none
July 15th, 2009 at 07:06am
Under Juvenile Law
The Houses of Refuge were the first institutions that dealt with juveniles in terms of transforming them and putting them back on the right path in life. These houses were the prototypes of the modern juvenile courts as we know it today in the United States. 1823 was the year when the idea of creation such a construction appeared, that was when the government considered taking charge in cleaning up the city streets from loitering youth and acquainting them with moral principles of the society. In the mid of 1800’s special reform schools began opening in the Massachusetts area, this in time led to the formation of a new and separate juvenile system in the US that wasn’t known before. These schools not only educated delinquent youth but also set rules for the rest of the society, in case when those rules were not followed it automatically meant that the law was broken. The Crouse case was the formal foundation of the modern juvenile justice system, the government legitimized the notion of the state taking custody over child for the first time. The Juvenile Court Act of 1899 was the first official court of its type in the US that outlined the cases that it could have jurisdiction over and that separated it from the adult courts.
From the very creation of the juvenile courts and the ideal model of it to the present time, society has been dealing with a huge gap between this ideal and the reality. Before the 1960’s there was no legal rights that juveniles had, thus due processes were introduced and system moved away from the idea of child being somebody’s property: either of state or of the parents. After the 1980’s and to the present moment the initial idea of protecting children from bad influences and helping to rehabilitate, shifted to a more dramatic and strict system of identifying measure of harm for the society by a specific crime. The “punitive model” now serves for detection of harm level and accordingly assigning punishment for it. Numerous social factors have results in such changes; massive paranoia of increased number of violent crimes, abuse of drugs by the young, mass formation of the gangs. All of that coupled with the failure to accomplish the purpose of juvenile schools as they were intended to, led to the current punitive system that seeks to punish severely. “Mens rea”- guilty mind is not the prerogative of the adult offenders as was supposed in the early history of the American juvenile system; it became an essential part of today’s juvenile criminals’ portrait.
There are number of theories that support the idea of an individual making a choice to commit a delinquent act. Those theories are: the choice theory, the deterrence theory- supporting classical school of criminology. On the other side there are biological theories that were based on the positive school. Morphological approach, Lombrozo’s atavism theory, Sheldon’s somatotype theory are theories proving the existence of the biological factor in forming of the delinquent individual. They are also influence by the genetic and inherited factors, such as criminals in the family-learning of the young to behave in the same way; delinquent twins are also more likely to both commit a crime than a regular person. Sarnoff Mednick’s studies on the adopted children made clear that the highest percentage of delinquent behavior was observed when both environmental and biological factors were combined. Conclusion could be drawn that none on two separate causes can fully be responsible for the amount of juvenile criminals nowadays.
Apart from the theories described above, there are numerous theories that study criminal behavior and origins from the point of societal position and economic condition of the individual. Famous Chicago project by McKay and Shaw proved that depending on what part of the city and neighborhood one grew up, a person was influenced accordingly. Thus children from the interstitial zone with cultural heterogeneity and high mobility and poverty were the ones under particularly bad influence that could result in future crimes. Strain theory is another support of the fact that people with unequal opportunities to achieve success in society would most likely commit crime while adopting their lives to the rest of the society. Cloward and Ohlin on the other side argued that juveniles do not just commit crimes if they cannot reach the middle class status by regular means, they claim that illegitimate opportunity structure in certain neighborhoods works as a unique society on its own. It gives opportunity of growth and learning as in educational institution with similar rewards, although on illegal terms.
The study of delinquencies and social impact led researches to the realization the social processes are of the great importance when studying the nature of the crimes. Social process theories, learning and social control theories, are dealing with the connection between socialization and delinquencies. Learning theory explains how and why juvenile commit crimes in terms of school and learning. In the process of learning, they get to see and know what it is and how crimes are performed and because of other multiple facts they choose to do it. In contrast, the social control theory states that some people choose a wrong path because they are not tied to any important part of their life such as family, friends, or job. Clearly they have not much to lose and having no bonds with society, they are most likely to commit a crime.
With the emergence of innovative technology and social classes inequality people were faced with numerous choices of behavior. Behavior of an individual is formed by multiple factors, outer and inner ones that are very hard to track and can never be studied and evaluated precisely. Therefore the driving forces of the crime are yet not studied well enough and the punishment measures cannot help prevent from future crimes. The gap between the two is ever-growing nowadays.
Jeff Stats is an expert at Mindrelief.net. Our
custom essay writing service is a great chance for you to present an essay of the highest standard to your professor. The assistance of our writers is a priceless input in your professional development. Order
college essay or
research paper from our writing service.