Breach Of Trust Research Articles

Justice for Children in Ghana: The Untold Dimension

Abstract Studies on criminal justice in Ghana have implicated the police in bribery, breach of trust, crime trade, and brutality, among others. This study departed from the approach of “perceived wrongs” cited against the police and examined the less untold challenges which militate against child-friendly policing in the country. A total of 160 police respondents were randomly selected from three police districts in the Northern Region of Ghana in a correlational study design. Administering a questionnaire was used as the primary data collection method. The study found that the police are constrained by inadequate cells for juveniles, inadequate serviceable vehicles, lack of remand homes for juveniles, lack of State-owned temporary shelters for victims of abuse and inadequate budgetary support for handling juvenile crimes. Using Kendall’s coefficient of concordance, with a 147.119 (df = 5) value for χ2, the asymptotic significance (p) was 0.000, signifying a significant agreement among police officers’ grading scores. Kendall’s coefficient of concordance (W) figure was found to be 0.751, implying that 75.1% of the ranking scores given by police officers were in consonance with these challenges which have restrained them from any practical child-friendly policing and administration of juvenile justice in the study locality.

How do Sector Level Factors Influence Trust Violations in Not-for-Profit Organizations? A Multilevel Model

The proliferation of violations within industry sectors (e.g., banking, doping in sport, abuse in religious organizations) highlights how trust violations can thrive in particular sectors. However, scant research examines how macro institutional factors influence micro level trustworthy conduct. To shed light on how sectoral features may influence trust violations in organizations, we adopt a multilevel perspective to investigate the perceived causes of trust violations within the not-for-profit (NFP) sector, a sector that has witnessed a number of high-profile trust breaches. Drawing on interviews with board members and senior executives of NFPs with cross-sectoral experience, we analyze the causes of trust violations to inductively develop a conceptual model of the multilevel factors contributing to trust violations in NFPs. Our model highlights how trust violations have their roots in sectoral-level factors, which trickle-down to influence the ethical infrastructure at the organizational-level, and in turn individual-level factors and violations. We identify how three NFP sectoral features influence trustworthy behavior: corporatization, resource scarcity, and assumed moral integrity. Our findings speak to the importance of looking beyond the organization to understand both the causes and prevention of trust violations and developing the concept of sector-level ethical infrastructure.

Insemination "Fraud": Potentially Criminal Actions in Reproductive Medicine.

Case law and statutory provisions ensure marital rules of paternity apply when artificial insemination is associated with the pregnancy. Virtually all jurisdictions in the United States provide for gamete donors to remain anonymous. Much of this has been challenged with access to donor information via 23 and me. A breach of trust and a number of lawsuits involving physician provider(s) have resulted. We provide case law examples related to artificial insemination and the identification of the sperm donor. Proposed future legislation to protect patients and offspring from harm in relation to the process of donor sperm inseminations is provided.

Trustees’ duties: exemptions and exonerations

Abstract As part of the bargain for undertaking a trusteeship, a trustee can exempt itself not only from liability for a breach of trust, it can altogether oust particular trusteeship duties, so long as it leaves intact the irreducible core obligations of a trust. Where a trustee is to hold underlying controlled companies, the trustee’s duties of supervision and inquiry can be specifically ousted so long as the trustee has no actual or blind-eye knowledge of dishonest conduct in the affairs of such companies. Low insurance premiums lead to low trustees’ fees.

2022년 형법 중요 판례 평석

First of all, there were six full-bench decisions by the Supreme Court, and the first one related to the crime of trespassing was a ruling based on the purpose of the precedent that had been changed in 2021, reaffirming the precedent's stance once again.
 In property crimes, the Supreme Court has maintained the tendency to strictly limit the application of the crimes of embezzlement and breach of trust.
 Additionally, the judgment related to the interpretation of Article 1 (2) of the Criminal Act is also important, as it abolished the theory of motivation that had been applied in judicial precedents.
 Academics have long criticized the interpretation of Article 1 (2) of the Criminal Act based on the theory of motivation. In this paper, I first reviewed the full-bench decisions by the Supreme Court and provided peer review. For other major judgments, only the issues and reasons for the decisions were briefly introduced.
 To ensure the legitimate exercise of punishment, it is desirable to present clear interpretation criteria for the law, and interpretations beyond the literal meaning of the law cannot be allowed.
 In this regard, it is noteworthy that in 2022, the Supreme Court made positive decisions that presented standards to further clarify the interpretation of each crime element or limit criminal punishment, such as changes in precedents in property crimes to reflect social changes.

Characteristics and patients' portrayals of Norwegian social media memes. A mixed methods analysis.

Despite reports on troublesome contents created and shared online by healthcare professionals, a systematic inquiry of this potential problem has been missing. Our objective was to characterize the content of healthcare-associated social media memes in terms of common themes and how patients were portrayed. This study applied a mixed methods approach to characterize the contents of Instagram memes from popular medicine- or nursing-associated accounts in Norway. In total, 2,269 posts from 18 Instagram accounts were included and coded for thematic contents. In addition, we conducted a comprehensive thematic analysis of 30 selected posts directly related to patients. A fifth of all posts (21%) were related to patients, including 139 posts (6%) related to vulnerable patients. Work was, however, the most common theme overall (59%). Nursing-associated accounts posted more patient-related contents than medicine-associated accounts (p < 0.01), but the difference may be partly explained by the former focusing on work life rather than student life. Patient-related posts often thematized (1) trust and breach of trust, (2) difficulties and discomfort at work, and (3) comical aspects of everyday life as a healthcare professional. We found that a considerable number of Instagram posts from healthcare-associated accounts included patients and that these posts were diverse in terms of contents and offensiveness. Awareness that professional values also apply online is important for both healthcare students and healthcare providers. Social media memes can act as an educational resource to facilitate discussions about (e-)professionalism, the challenges and coping of everyday life, and ethical conflicts arising in healthcare settings.

Conviction and online purchase intention towards apparel in online environment

PurposeThe purpose of the research paper is to examine customers' online purchase intention towards apparel in the online environment, with a focus on the role of conviction and brand reputation of the e-retailer.Design/methodology/approachHypotheses are based on an extensive literature review and tested using adapted existing scales for the constructs-social media usage for apparel, electronic word of mouth (EWOM), conviction, apparel e-retailer's brand reputation and online purchase intention towards apparel, and data are collected from 362 online customers of apparel brands in eight major cities across the country. Structural equation modelling (SEM) is applied to analyze data and test hypotheses because of multiple dependent variables.FindingsThe quantitative results indicate that impact of social media and EWOM on online purchase intention towards apparel is mediated by conviction. The results also explain the moderating effect of apparel e-retailer's brand reputation.Originality/valueFindings provide suggestions for the apparel business in an online environment that address the issue of breach of trust and implications for apparel e-retailers, managers and researchers. The study contributes to the existing retail literature by proposing concept of conviction and role of apparel e-retailer's brand reputation in this context.

Moral injury and psychological wellbeing in UK healthcare staff

Background Potentially morally injurious events (PMIEs) can negatively impact mental health. The COVID-19 pandemic may have placed healthcare staff at risk of moral injury. Aim To examine the impact of PMIE on healthcare staff wellbeing. Methods Twelve thousand nine hundred and sixty-five healthcare staff (clinical and non-clinical) were recruited from 18 NHS-England trusts into a survey of PMIE exposure and wellbeing. Results PMIEs were significantly associated with adverse mental health symptoms across healthcare staff. Specific work factors were significantly associated with experiences of moral injury, including being redeployed, lack of PPE, and having a colleague die of COVID-19. Nurses who reported symptoms of mental disorders were more likely to report all forms of PMIEs than those without symptoms (AOR 2.7; 95% CI 2.2, 3.3). Doctors who reported symptoms were only more likely to report betrayal events, such as breach of trust by colleagues (AOR 2.7, 95% CI 1.5, 4.9). Conclusion A considerable proportion of NHS healthcare staff in both clinical and non-clinical roles report exposure to PMIEs during the COVID-19 pandemic. Prospective research is needed to identify the direction of causation between moral injury and mental disorder as well as continuing to monitor the longer term outcomes of exposure to PMIEs.

Security interests and knowing receipt

Abstract Third parties who receive trust property with knowledge that the transfer to them was a breach of trust will be liable in knowing receipt. Knowing receipt has grown quickly in importance in recent years and many of the finer points of the doctrine are still being worked out. This paper discusses one such issue: whether liability can exist when the third party acquires a security interest in trust property, rather than the underlying trust property itself. This point has not yet been considered by English courts, although it has been examined in cases from Australia, Canada and Hong Kong. The paper analyses the existing authorities in the context of the wider law relating to knowing receipt and explains the conceptual difficulties and practical problems with allowing liability to be grounded on the receipt of a mere security interest in trust property.

Priority of trustees’ indemnity inter se: pari passu or first in time priority?

Given that a trust is not a legal person, it cannot incur liabilities in its own name. Trustees incur liabilities on behalf of the trust. They are not agents but are personally liable without limit. In return the trustee enjoys an indemnity from trust assets. A trustee is entitled to pay expenses properly incurred out of the trust estate (a right of exoneration) or, if the trustee pays it in the first instance from the trustee’s own pocket, to be reimbursed out of the trust estate. To secure its right of indemnity, the trustee has an equitable lien on the trust assets which takes priority over the rights of the beneficiaries. Its creditors are subrogated to the trustee’s right of indemnity. The creditor will therefore be able to enforce against the trust assets to the extent that the trustee would have been able to do so. Thus, if the trustee has lost its right of indemnity because of a breach of trust, the creditor would have no right to satisfy the creditor’s claim out of the trust assets.

Analysis of the Transaction Behavior of Live Broadcasters with Goods Based on the Multi-Stage Game under Dynamic Credit Index

In the live streaming transactions, the subject’s trading breach of trust frequently appears, which affects the healthy development of the industry. Therefore, from the perspective of internal supervision and governance, aiming at the interest relationship, behavior strategy, and game relationship between the live platform and the anchor and brand, this paper constructs a multi-stage honest transaction game model of the three behavior strategies, establishes a dynamic credit index mechanism, proposes a complaint compensation and cost-sharing strategy for breach of trust based on the change in dynamic credit index, and explores the influence of relevant parameters on the trading strategies of subjects. The research found that the internal penalty factor and the weight of dishonesty cost sharing can effectively restrain the behavior of transaction subjects; and the increase factor of dishonest transaction income is an important factor affecting the choice of behavior strategies of transaction subjects. Coefficients, internal and external penalty coefficients, as well as implementing a governance strategy of parallel rewards and punishments for trading entities, will assist in regulating the behavior of trading subjects.

Wicked problems in an aviation noise system

There is a growing awareness of impact of aviation noise, such as health an annoyance issues. Community complaints that interfere with airport business has resulted in serious efforts to reduce aviation noise. However, even though improvements have been made, these efforts have not successfully reduced noise annoyance, in fact, community reactions towards airport operations have increased over time. The project INFRA, was initiated based on a community complaint regarding Arlanda airport, with the objective to develop knowledge of noise annoyance. Based on a broad interview study, a number of actors and their perspectives have been identified: neighbors, house and land owners, municipals, county board, land and environmental jurisdiction, transportation agency, transport administration, airports, air service providers, environmental protection agency and politicians. Results show that the aviation system contains opposing perceptions of noise and strategies which induce conflicts and breaches of trust from policies and regulations, all the way down to individual neighbors. An outcome is a set of identified dilemmas representing incompatible worldviews, and deep disagreement of values. After analysis these are concluded to represent conditions associated with what is called "wicked problem". The study results in an increased understanding and representation of the wicked aviation noise system.

Challenges and Trends in User Trust Discourse in AI Popularity

The Internet revolution in 1990, followed by the data-driven and information revolution, has transformed the world as we know it. Nowadays, what seam to be 10 to 20 years ago, a science fiction idea (i.e., machines dominating the world) is seen as possible. This revolution also brought a need for new regulatory practices where user trust and artificial Intelligence (AI) discourse has a central role. This work aims to clarify some misconceptions about user trust in AI discourse and fight the tendency to design vulnerable interactions that lead to further breaches of trust, both real and perceived. Findings illustrate the lack of clarity in understanding user trust and its effects on computer science, especially in measuring user trust characteristics. It argues for clarifying those notions to avoid possible trust gaps and misinterpretations in AI adoption and appropriation.

The Gambian Reality

The Note addresses the assignment mandated The Gambia Constitution Drafting Committee to prepare a Constitution to replace that of 1997 in response to popular demand. The team of experts assembled by government accomplished the task though with a serious flaw: plagiarism. The legislature however, for other reasons, vetoed the document. With diverse viewpoints on plagiarism and legal maxims, through qualitative analysis, this Note examines where the fault lay by probing what the assignment entails. The action of the drafting Committee left the society confused and without recourse after spending a whooping sum of money on what turned out to be a white elephant project that preserved rather than eliminate well preserved colonial constitutional anachronisms. As no legal remedy exist for both plagiarism and breach of trust, the Note concluded that the fault is not in their stars but in the society that needs to accelerate the pace of educational development to avert a repeat of the incidence.

Psychological ownership and disownership in reward-based crowdfunding

Crowdfunding backers can develop psychological connections with reward-based crowdfunded ventures and provide product development feedback, brand evangelism, and legitimacy, before, during, and after crowdfunding campaigns. Yet how backers form psychological connections to ventures and how these connections change over time remains understudied. Through netnographic inquiry of 3,759 comments from 828 backers on the Oculus Kickstarter forum and interviews with 19 backers, this paper shows how backers come to feel a sense of psychological ownership through investment of self, feelings of efficacy, and intimate knowing. The paper then advances this line of inquiry by theoretically and empirically developing psychological disownership, which entails backers disavowing a once psychologically owned target in response to a perceived violation. Psychological disownership manifests through breach of trust, disillusionment, loss of identity, and loss of efficacy. Finally, the paper offers several avenues for future research on backer-venture relationships in crowdfunding and actionable insights for crowdfunding project creators.

Distribution of Fraud Using Electronic Payment Means (Article 159.3 Criminal Code of the Russian Federation) from Related Crimes

The article is devoted to the study of the topical issue in the domestic theory of criminal law of delimiting fraud using electronic means of payment from related offenses. Based on the analysis of the circumstances of the legislative definition of Art. 159.3 of the Criminal Code of the Russian Federation, existing points of view in the science of criminal law and materials of law enforcement practice, criteria are distinguished for distinguishing the type of fraud under study from related offenses. The article substantiates that the objective side of fraud using electronic means of payment: implies the presence of deceit or breach of trust; characterized by the use of electronic means of payment; the use consists not in simply securing the transaction, but in the direction of the actions of the perpetrator to mislead the victim regarding the preparation, certification and transmission of the order in order to transfer funds within the framework of the applicable forms of cashless payments using information and communication technologies.

Міграція та торгівля людьми в умовах збройного конфлікту: взаємозв’язок і наслідки

One of the key principles of the national foreign policy is to ensure Ukraine's integration into the European political, economic, and legal space with the aim of gaining membership in the European Union. For this purpose, the authorities in our country ratified international treaties and adopted a number of laws, which, both in the pre-war period and during martial law, significantly reduced the level of offenses in the field of human trafficking, since millions of Ukrainians have been abroad since the beginning of the war, and together with the temporary protection, refugees gained access to the labor market in European countries. At the current stage of state formation, migration has become an element of the movement of people in many countries of the world, since migration policy in European countries is an important factor in ensuring the national security of the states of the European Union and migration processes require constant and proper control by state authorities. In the context of the strengthening of civil society institutions in Ukraine as a democratic, social, legal state, the study of the issues of legislative protection of human and citizen rights and freedoms in Ukraine, among which the right to freedom of movement occupies a special place. And the number one issue is irregular migration, which is a choice between security and ghostly earnings. Labor migration is a quick and popular way to earn a significant amount of money, but this easy availability of earnings has another side – fraud, which is a very widespread phenomenon in the labor migration market and it starts with offers of illegal employment abroad, and sometimes ends with real labor slavery. There are problematic situations of silencing cases of discrimination abroad, because it is connected with insufficient awareness of our compatriots about their rights and the mechanisms for their protection, because when they find themselves in such situations, people do not know where to turn for help or are afraid of losing their jobs, because most of them are labor-related by migrants and spreading negative information about them by employers can lead to job loss. It is possible to outline several groups of risks regarding persons who are potentially more prone to falling into fraudulent schemes. First, people who agree to leave illegally to work abroad because the promise of a higher salary works, because the employer does not pay taxes for the employee. Key words: migration; fraud; criminal liability; deception; breach of trust; employment fraud schemes

What's trust got to do with it? The ‘washback effect’ of engagement in the 2020 calculated grades process on teachers' trust and future senior cycle reform in Ireland

AbstractIn Ireland, the high‐stakes Leaving Certificate Examination at the end of upper secondary education was abruptly cancelled in 2020 due to the Covid‐19 pandemic. Instead, calculated grades were introduced, necessitating for the first time the involvement of secondary school teachers in the assessment of their own students for certification. This article reports on analysis of responses to an online survey with 713 respondents conducted in the autumn of 2020, focusing on teacher experiences of engagement in the process of calculated grades in their schools and how this might inform perceptions of their future roles as assessors. Among the key findings to emerge from re‐analyses of these data are inter alia that, for some teachers, (1) negotiation of student grades with colleagues—particularly those at grade boundaries—caused them to question the professional judgements of peers; (2) release by the Department of Education and Skills of student ranks, in addition to grades, constituted a breach of trust because it ran contrary to what they understood had been agreed initially; and (3) living and working in small towns or rural communities in Ireland left them very vulnerable to disgruntled students and their families—resulting in the perception that trust in their professional judgements had been undermined. Hence, the conclusion that the success of Senior Cycle reform efforts is contingent on both rebuilding teachers' trust over time while also working, in the immediate term, with teachers interested in exploring further their roles in school‐based assessment for certification purposes.

We are stronger and better together

I learned during twenty years in RECOOP HST Association that sharing ideas, plans and actions make a human network naturally productive. Also, I believed throughout these years that honesty is a key component of a healthy relationship. Not only because honesty helps us avoid harmful breaches of trust, but because it allows us to build creative collaborative research organizations. Nonetheless, in the last two years, we were challenged with a vast scale of crises. First, the COVID-19 pandemic and second, beginning February 24, 2022, the brutal Russian aggression against Ukraine have impacted everybody’s life causing significant concern and insecurity across the globe. Economic instability, disturbed work routines and disrupted family lives have caused higher risks of physical and mental disorders [1, 2]. Socially isolated people often feel lonely or depressed. Constantly lonely people have higher blood pressure, are more vulnerable to infection and are more likely to develop Alzheimer’s disease and dementia. Loneliness also interferes with an entire range of everyday functions such as sleep patterns, attention and logical and verbal reasoning [3-6]. At the time the pandemic calmed, the Russian barbaric aggression and bombardment of civilian targets exposed large populations to physical aggression, which grants more damage over time as many Ukrainians are losing human condition. Are we losing humanity also? Humans are good or bad, or predators also capable of great kindness. Humanity symbolizes human love and sympathy toward each other. Human qualities include honesty, integrity, courage, self-awareness and dedication. These qualities define who we are as human beings. In this troubled time, we must look for the good in people and strengthen the care for others. Gandhi taught us, “The power of humanity is the strength of individual commitment and the force of collective action.” When RECOOP HST Association does something to help in Ukraine, all of us gain a sense of being valuable, helpful and worthwhile. Gandhi’s words remind us, “The best way to find yourself is to lose yourself in the service of others.” The human misery caused by Russia’s attacks only strengthen Ukrainians’ extraordinary spirit and their dedication to protect their family, culture and homeland. Putin is scrambled by the strength of Ukraine and getting more aggressive. His actions prove, like Gandhi wrote, “The weak can never forgive. Forgiveness is the attribute of the strong.” And we are stronger and better together. Keywords: Alzheimer’s disease, blood pressure, COVID-19, dementia, pandemic, physical and mental disorders, research organizations

Exit from periodic joint-tenancy: what “bare trust”, exactly?

Abstract The commercial world runs itself through an intricacy of legal relationships amongst which a tenancy may be one of the most common. The statutory law of the United Kingdom superimposes a trust over every tenancy so that each co-tenant is deemed to be a trustee of each other. Can a co-tenant then ditch his/her cohorts and extinguish a periodic tenancy only to re-contract with the landlord over the very property without committing a breach of trust? This was considered not long ago in Procter v Procter [2022] EWHC 1202 (Ch) and most recently in Pile v Pile [2022] EWHC 2036 (Ch). We trace back to what had been adjudicated by the House of Lords in Hammersmith and Fulham London Borough Council v Monk [1992] 1 AC 478 (HL) three decades ago, scrutinize the sufficiency of a line of authorities developed since then and as they were applied in Procter and Pile, and venture to suggest that the statutory trust is one of its own kind deserving wider and deeper study beyond traditional trust analysis and why.