Search Results (68)

The paper aims to determine the associations of mediators’ religiosity, assessed as self-reported religious belief and religious practice frequency, with their recognition of the existence of a work ethic of mediators, their personal approach to the occupation, their values, their adherence to the rules of mediation, and their perception of its objectives. The article is based on the results of a quantitative study conducted among Polish court mediators (n = 391). It was found that the mediators who were religious believers and regularly practiced their religion were more often convinced about the existence of a work ethic, treated work in their occupation as an opportunity to help people, and remained neutral in disputes, but they were also more inclined to violate the principle of impartiality by being prepared to conduct mediation in their friends or family members’ cases. Our research on mediators’ work ethic may be useful in raising the standards of mediator training in specific areas of specialization, including working with migrants and multicultural communities, enhancing the effectiveness of mediations, improving their quality, and boosting the level of disputants’ satisfaction. Full article

Social work has long operated at the intersection of care and control—nowhere is this more apparent than in its treatment of sex-working parents. This article draws on participatory research with thirteen sex-working parents in California to examine how the child welfare system, family court, and public benefit infrastructures extend punitive surveillance under the guise of support. Utilizing the framework of prison industrial complex abolition, the analysis identifies three key findings: first, family policing systems often mirror the coercive dynamics of abusive relationships that sex work helped participants to escape; second, access to social services is contingent on the performance of respectability, with compliance met not with care but with suspicion and deprivation; and third, sex-working parents enact abolitionist praxis by creating new systems of safety and stability through mutual aid when state systems fail. As social work reckons with its complicity in the carceral state, the everyday practices of sex-working parents offer a powerful blueprint for care rooted in trust, unconditional positive regard, and self-determination. Full article

The landmark Philippine Supreme Court case Llorente vs. Llorente illuminates the complex intersections of transnational migration, inheritance law, and colonial legacies in the Philippines. The case centers on Lorenzo Llorente, a Filipino US Navy serviceman whose estate became the subject of a fifteen-year legal battle between his first wife Paula and his second wife Alicia. Lorenzo returned from the battles of World War II to find his wife in Nabua living with his brother and pregnant with his brother’s child. Lorenzo obtained a divorce in California in 1952. He later returned to the Philippines and married Alicia, naming her and their three adopted children as heirs in his will. Upon his death in 1985, Paula challenged the validity of the US divorce and claimed rights to Lorenzo’s estate under Philippine succession laws. While lower courts initially favored Paula’s claims by rigidly applying Philippine laws that are rooted in the colonial era and privileged blood relations, the Supreme Court ultimately upheld Lorenzo’s will in 2000, recognizing his right to divorce as a US citizen. This case reveals how postcolonial Philippine legal frameworks, still heavily influenced by Spanish colonial law, often fail to accommodate the complex realities of transnational families and diverse kinship practices, instead imposing rigid interpretations that fracture rather than heal family relations. Inheritance, previously a highly shared and negotiated process mediated by the elders, can now escalate to family disputes which play out in the impersonal space of the courtroom. Full article

Background: The United States has the highest number of immigrants in the world, with over 46 million foreign-born residents as of 2022. A growing number of migrants originate from Latin America, driven by factors such as economic instability, food insecurity, and crime. This study explores their experiences and perceptions regarding trust in the criminal justice system (CJS) in both their home countries and the United States. Methods: This study surveyed 500 migrants at a transitional institution in a U.S.–Mexico border city in the summer of 2023. The survey assessed confidence in law enforcement, immigration officers, courts, and government institutions using a 5-point Likert scale. Results: Migrants reported significantly higher confidence in the U.S. CJS compared to that of their home countries. Multivariate analysis revealed that satisfaction with border officials, documentation status, English proficiency, and health were positively associated with confidence in the U.S. CJS, while employment status, traveling with family, and fear of crime correlated with lower confidence. Conclusions: This study highlights the stark contrast in migrants’ confidence levels between their home countries and the U.S. criminal justice system. While migrants view the U.S. system as more legitimate, challenges such as fear of crime and legal uncertainties persist. Full article

For domestic and family violence (‘DFV’) offences, sentencing remarks present a unique opportunity for dialogue between the Court, the offender, the victim-survivor, and the public. At the point of sentencing an offender, the judicial officer provides a rationale for the sentence imposed. This rationale includes a consideration of the impact of the offending on the victim, but can also carry narratives about the harms, dynamics, and outcomes of DFV offences. This article seeks to evaluate the narratives present within sentencing remarks for the offence of threat to kill occurring in a DFV context in the Australian jurisdictions of the Australian Capital Territory and Victoria. The authors use thematic analysis to compare themes generated within the judgments to the sentencing considerations required by the Crimes (Sentencing) Act 2005 (ACT) and the Sentencing Act 1991 (Vic). Our findings support the idea that if required to refer to the nature and dynamics of DFV in sentencing offenders, judicial officers’ understanding of DFV may be improved. We therefore suggest such requirements could potentially play a similar role in other jurisdictions. Full article

More than three decades ago, the Supreme Court of the United States (SCOTUS) ruled that individuals who are not competent (alternatively referred to by the Court as insane) at the time of their scheduled execution cannot be put to death. Despite the years that have passed since the Court’s decision and the literal life-or-death stakes involved, competency for execution (CFE) remains underexplored in the psychological, psychiatric, and legal literature. A number of important legal and ethical issues that arise when a person on death row maintains they are not competent to be executed are still unresolved even after the landmark Supreme Court cases such as Ford v. Wainwright (1986), Panetti v. Quarterman (2007), and Madison v. Alabama (2019). In this first-of-its-kind descriptive study, we analyzed the demographic and case characteristics of the 28 successful Ford claimants—individuals in the United States who have been found to be incompetent to be executed and compared them to the general death row population and homicide cases nationwide. Our findings reveal some similarities but also some differences between these claimants and the general death row population and homicide cases: the successful Ford claimants are exclusively male (in keeping with the general prison population on death row), relatively older, and underrepresented among White and Latinx inmates (i.e., Black claimants are more successful than their White and Latinx counterparts at evading execution). Nearly all (96%) suffer from schizophrenia, with 79% experiencing psychiatric comorbidity, yet only 54% received any significant treatment before or after the criminal offense. The claimants’ cases also involve a higher proportion of child victims, male family members, and female non-family member victims, as well as more multiple-victim cases (not indiscriminate) and fewer intraracial homicides. Fewer victims are male, and more are female. However, the cases do not align with typical male-on-male violent crimes or femicide patterns, such as those involving sexual or domestic violence. Additionally, systematic psycho-legal deficiencies are prevalent, including a low rate of mental health evidence (61%) presented at trials and some cases lacking psychiatric involvement in CFE evaluations. Temporal influence and drastic state variations on CFE evaluation are also noted. Although the small sample size limits generalizability, this small-scale descriptive study offers a number of important insights into the complexities of CFE decisions and lays the groundwork for future research and policy development. Full article

This case report is a reflection on the cumulative results of a number of research projects conducted in Iceland in the field of parenting with a disability. The underlying research consisted primarily of an analysis of court case documents and interviews with parents, extended family members and relevant professionals. The contribution that follows emerged out of a question that we posed to our overall research findings and experiences—what does justice look like for parents with ID who have to contend with deprivation of custody orders? In the rare instances in which a parent ultimately prevailed over an unjust deprivation order, this was only accomplished after an extensive fight through the court system, after which, a great deal of harm to the family had already been caused. We offer for consideration a close look at one such case that we followed, the aftereffects of which are still ongoing. The other path to success appears to be that of early intervention, but this typically occurs through happenstance and requires the involvement of a network of progressive professionals and fortuitous timing. Our contribution is a call to discuss what justice looks like and how this may be transformed into something more systematic. Full article

Background: this study builds on existing research on fathers’ experiences of family breakdown, separation, and post-separation abuse, exploring the systemic challenges they face in negotiating co-parenting arrangements. Methods: using data from a survey of 141 fathers and interviews with 30 participants, we examined the dynamics of post-separation co-parenting, particularly focusing on how fathers perceive and navigate family court systems. The data were analysed using reflexive thematic analysis to identify key themes. Results: the findings highlighted two primary themes: the difficulties that fathers face in establishing equitable co-parenting arrangements and their negative experiences with family courts, including perceptions of gender bias and systemic inefficiency. Conclusions: the results indicate a need for greater support mechanisms post-separation to facilitate healthier co-parenting relationships and minimise reliance on adversarial court processes. Furthermore, the research underscores the importance of addressing gender stereotypes within family law and social services to ensure more just outcomes for fathers and their children. Full article

In Rwanda, following the 1994 Genocide against the Tutsi, many people were found guilty of genocide crimes and imprisoned. Their children ended up in a situation of ambiguous loss during and after a parent’s imprisonment. The article presents the multidimensional impact of this loss on the everyday lives of these children and their families according to key themes as they emerged from an ethnographic study in which 21 children and their family members participated. Themes include changed family dynamics and family stress, economic deprivation, incomprehension of a parent’s criminal past, the social stigma of being a child of a génocidaire, and strategies used to make the loss bearable. The uniqueness of the ambiguous loss as experienced by children of perpetrators of genocide in Rwanda compared to those of perpetrators of the Holocaust or other mass crimes relates to an amalgam of factors specific for the context of post-genocide Rwanda; major ones being the severity of genocidal crimes and gacaca courts Rwanda chose as its main form of transitional justice. The case study illustrates how using the prism of intergenerational relations helps to understand some of the transformative and enduring effects of a crisis that deeply affects a society. Full article

In 1978, the United States enacted the Indian Child Welfare Act (ICWA) “to protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children and placement of such children in homes which will reflect the unique values of Indian culture.” The ICWA was codified to address centuries of genocidal government policies, boarding schools, and coercive adoptions that ruptured many Native families. Now one of the strongest pieces of legislation to protect Native communities, the ICWA was designed to ensure that Native foster children are placed with Native families. Implementing the ICWA has not been smooth, however, as many non-Native foster parents and state governments have challenged the ICWA. While the ICWA has survived these legal challenges, including the recent 2023 Haaland v. Brackeen Supreme Court case, the rise of non-Natives claiming Native heritage, also known as self-indigenizers or “pretendians,” represents a new threat to the ICWA. This Article presents a legal history and analysis of the ICWA to unpack the policy implications of pretendians in the U.S. legal context. This Article demonstrates how the rise of pretendians threatens to undermine the very purpose of the ICWA and thereby threaten the sovereignty of Native peoples. By legally sanctioning the adoption of Native children into non-Native pretendian homes, the ICWA can facilitate a new era of settlers raising Native children, rather than preventing this phenomenon as intended. In response, this Article offers concrete policy recommendations to bolster the ICWA against this threat. Full article

Infantile occult exposure to cocaine in domestic environments represents a complex clinical and medico-legal problem, which can be associated with abuse and neglect and with potential short- and long-term health risks for children. The authors present a retrospective study on 764 children under 14 years old who accessed the Emergency Department of IRCCS Meyer from 2016 to 2023 and were included in the GAIA (Child and Adolescent Abuse Group) protocol for suspected maltreatment and abuse, and for which a urine toxicology analysis was performed. The aim is to discuss the medico-legal implications and highlight the need for a thorough evaluation and management of such situations. Urine screening tests for substances of abuse (e.g., cocaine, opiates, etc.) were performed with an EMIT^® Siemens VIVA-E drug testing system (Siemens, Newark DE) in 124 cases for which the child’s clinical condition raised suspicion of intoxication, or the family context indicated distress or substance abuse dependency. The screening results revealed the presence of cocaine and its main metabolite, benzoylecgonine, in the urine of 11 children. In one case, a single girl was brought to the Emergency Department by staff from the facility where she and her mother were staying. In most of the cases, children were brought to the Emergency Department by their parents who accessed the Emergency Department due to various clinical manifestations (drowsiness, agitation, seizures, hypotonia, diarrhea, vomiting, etc.), except for one case of eye trauma suspected to be caused by abuse or neglect by one of the parents. Three of the children did not have signs or symptoms attributable to substance exposure, whilst eight of the cases presented some of the symptoms associated with occult infant exposure to cocaine, such as neurological manifestations, seizures, gastrointestinal symptoms, and respiratory depression. The probable mode of intake was mostly through breastfeeding and continuous environmental exposure due to domestic contamination or inhalation of “crack”. In the case of a 12-hour-old infant, there was probable prenatal in utero exposure. All the children were hospitalized, some for medical reasons and others solely as a precautionary measure for proper care. In all cases, a report was made to the Prosecutors as required by the Italian Penal Code, as well as to the Court of Minor. The study highlighted the importance of a multidisciplinary approach involving pediatricians, social workers, and forensics, as well as close collaboration with the relevant authorities, as the Gaia service at IRCCS Meyer offers. The occasional detection of cocaine in cases that showed no suspicion of intoxication led to a modification of the procedure and the development of a standardized protocol at IRCCS Meyer both in terms of prevention and in the detection and interception of hidden cases, in order to intervene early and initiate the necessary care pathways (secondary prevention). This protocol includes routine toxicological urine testing in all suspected or confirmed cases of child abuse, not just in those where symptoms might suggest a suspicion of intoxication. Full article

Cannabis sativa L. is a monotypic genus belonging to the family Cannabaceae. It is one of the oldest species cultivated by humans, believed to have originated in Central Asia. In pivotal judgements in 2016 and 2018, the South African Constitutional Court legalised the use of Cannabis within the country for medicinal and recreational purposes, respectively. These decrees opened opportunities for in-depth research where previously there had been varying sentiments for research to be conducted on the plant. This review seeks to examine the history, genetic diversity, and chemical profile of Cannabis. The cultivation of Cannabis by indigenous people of southern Africa dates back to the eighteenth century. Indigenous rural communities have been supporting their livelihoods through Cannabis farming even before its legalisation. However, there are limited studies on the plant’s diversity, both morphologically and genetically, and its chemical composition. Also, there is a lack of proper documentation of Cannabis varieties in southern Africa. Currently, the National Centre for Biotechnology Information (NCBI) has 15 genome assemblies of Cannabis obtained from hemp and drug cultivars; however, none of these are representatives of African samples. More studies are needed to explore the species’ knowledge gaps on genetic diversity and chemical profiles to develop the Cannabis sector in southern Africa. Full article

Non-resident fathers are rarely researched from a critical perspective. Becoming a non-resident father often results in major dislocation, presenting challenges and hindrances to a meaningful relationship with children. Dislocation is increased by the involvement of the family court, legal issues, false abuse allegations, and ex-partners. Changing family configurations may marginalize non-resident fathers, with their own perspectives, voices, and lack of power remaining largely unmapped. This paper identifies what hinders non-resident fathers’ relationships with their children from a critical and Australian perspective. In-depth interviews using open-ended questions with 19 non-resident fathers were used to collect data, followed by a five-step critical thematic analysis to focus on the locus of power. Non-resident fathers’ perceptions included a lack of agency and decision-making power; the mother, legal obstacles, and agencies hindered their desired relationships with children. Hindrances were magnified by descriptions of false allegations and IPV from the ex-partner and/or her agents, resulting in a sense of marginalization, silencing, and disempowerment. Australian non-resident fathers in this study identified that desired relationships with their children were hindered by the roles of legal and welfare services, policing, and their ex-partners. The highlighting of these issues points to ways that non-resident fathers with similar experiences of a lack of agency and decision-making power might be better supported by more streamlined and balanced legal processes. Full article

Background/Objectives: In recent years, changing paradigms, both culturally and scientifically, have fundamentally altered the approach to the treatment of children with Disorders of Sexual Development (DSD) prior to reaching the age of legal consent. In Germany, the situation changed with the introduction of legislation that includes a partial ban on DSD surgery in children in 2021. This study aims to analyze the impact of this legislation on clinical practice. Methods: From 2014 to 2024, all patients with DSD in our institution were included. The study group comprised all patients operated on after the legislation. All patients operated on before the legislation served as the control group. Karyotype, phenotype, resulting type of DSD, age at presentation and age at operation were recorded. Results: A total of 35 patients were included in this study, with 15 in the study group and 20 in the control group. The operation was authorized by the family court for all patients in the study group. A total of 46,XY patients with severe hypospadias and clinical aspect of intersexual outer genitalia were the largest proportion (25 patients, 71.4%). Nine patients (25.7%) were 46,XX girls with classical congenital adrenal hyperplasia (CAH) type. One patient (2.9%) showed a mixed gonadal dysgenesis. The mean age of the patients at first presentation in our institution was 10.7 months in the control group and 11.0 months in the study group. The mean age at operation was significantly higher in the study group (20.1 months) compared to the control group (15.1 months; p = 0.032, unpaired t-test). Conclusions: The introduction of the legislation with a partial ban of genital surgery in DSD children in Germany has led to a significant delay in surgery. Since the majority of the patients comprise severe hypospadias and 46,XX CAH patients, further amendments of the law are proposed to minimize potential harm. Full article

Informal kinship care, an arrangement that is made without the involvement of a child welfare agency or a court, makes up the majority of kinship arrangements in the United States. However, the current literature on informal kinship care is very limited. In response, this study explored informal kinship caregivers’ parenting experiences, comparing those of grandparents and other relatives. Anonymous survey responses from 146 informal kinship caregivers (114 grandparents and 32 other relatives) were analyzed. This study found similarities and differences between grandparents and other relatives. Compared to other relatives, grandparents were significantly older and less likely to be married. Over 60% of the caregivers, both grandparents and other relatives, had an annual household income of USD 50,000 or less but did not receive any governmental benefits. Furthermore, other relatives accessed and utilized community resources at significantly lower rates. This study observed significant challenges of informal kinship families, including financial difficulties and child mental health/behavioral issues. At the same time, it noted their strengths and resilience, with most participants reporting a positive perception of their caregiving experience. Programs and services for informal kinship families should reflect their unique experiences, building upon their strengths and resilience. Full article