Precedent Research Articles

Perspectives of psychiatrists on Mental Health Care Act, 2017: An in-depth pilot survey

ABSTRACT Background: The Mental Health Care Act, 2017 (MHCA, 17) was passed through both houses of the parliament. The Indian Psychiatric Society through its Patient’s Rights Task Force committee has been deliberating various rounds of discussion at levels of stakeholders, mental health professionals, and patients’ perspective. However, a scarce budget for mental health services, lack of trained mental health professionals, and poor infrastructure and logistics pose a challenge for this new act as still there is a lack of awareness of different provisions of MHCA at the administrative, judiciary, and public levels. Aim: The present study was undertaken to address the perspectives of psychiatrists related to MHCA,2017 its provisions. Materials and Methods: A self-administered questionnaire was designed to gather information on awareness about MHCA, 2017. The responses were collected from the member psychiatrists of Indian Psychiatric Society in a google form including the suggestions regarding amendments in MHCA, 2017. Results: 22.6% of participants were using MHCA in clinical practice completely, and 20.2% did not use it all. 52.4% stated that they are using it partly. Capacity assessment of the person suffering from mental illness was done by 52.4% of participants in day-to-day clinical practice. 35.7% denied assessing it. With respect to section 309 IPC, 31% were registering and managing suicide attempts as medico legal cases and 63.1% as non-MLC cases. 54.2% of the participants were not aware about medical insurance for mental health. The qualitative data suggest the act should be simplified including relaxation in provisions of minor, capacity assessment and ensure active functioning of various authorities. Conclusions: Amendments are required in MHCA, 2017 taking into cognizance the opinions from various practicing psychiatrists who are facing hurdles in routine clinical practice.

Theories of constitutional interpretation in the United States of America

The article substantiates the judgment that in relation to that in relation to the theories of constitutional interpretation in the United States, paradigms constructed according to the type of binary opposition (originalism –the concept of natural law), are clearly insufficient. Therefore, private legal theories, which are theories of constitutional interpretation of the United States, should take into account the basic principles and institutions, doctrines of the branch of Constitutional Law of the United States: the concept of a “living constitution”, the theory of judicial precedent, procedural aspects of Constitutional Law, structuralist theories.

The Resolution of Overcrowding as a Form of Convention against Torture Implementation to Achieve Security Stability in Prisons and Detention Centers in Indonesia

This research addressed the resolution of overcrowding as a form of implementing the Convention Against Torture to achieve security stability in prisons and detention centers in Indonesia. Errors in the calculation of prisoner numbers that did not align with the size of detention cells led to the phenomenon of overcrowding. In other words, such conditions could be deemed as torture against inmates. Despite Indonesia's ratification of the Convention Against Torture through Law Number 5 of 1998, torture in sentencing remained a major concern. The aim of this study was to examine the causes and impacts of overcrowding, analyze the phenomenon of overcrowding in Indonesian prisons and detention centers in accordance with the Convention Against Torture, and propose solutions to overcrowding as an implementation of the Convention Against Torture. The research employed a qualitative method with a normative legal approach to comprehend and interpret existing legal provisions and evaluate their implementation, thereby identifying the alignment between applicable law and its implementation. Primary data sources consisted of legislative regulations arranged according to the hierarchy of legal norms. Secondary legal materials included textbooks authored by eminent legal scholars, legal journals, academic opinions, legal cases, jurisprudence, and recent symposium outcomes relevant to the research topic. This study found that the Indonesian government endeavored to expand detention space to minimize torture and suffering that could occur in overcrowded cells, thereby facilitating the achievement of the goals of the Convention Against Torture.

Queer citizenship in 1990s Britain

ABSTRACT This article argues that the 1990s was a distinctive period in the British queer experience. A perceived rise in violent homophobic attacks marks the decade out, as does the activist culture which emerged to counter it. The article argues that ideas of citizenship became an important vehicle for queer activists, especially when challenging legal inequalities such as the age of sexual consent for gay men. Queer citizenship campaigns highlighted the state of legislated inequality for queer Britons which was seen to be worsening during the 1990s. This article examines two main examples of such campaigns, grassroots direct-action movements and legal test cases, arguing that queer citizenship was an increasingly useful concept for queer activists and campaigners.

The High Cost of the Legal Route in Public Health: The Impact of the Judicialization of Medicines in the Municipal Unified Health System in Campinas

ObjectiveThis study aimed to assess the costs and factors associated with the judicialization of medicines for the municipal Unified Health System in Campinas, São Paulo, Brazil, from 2017 to 2021. MethodsThis cross-sectional study used data provided by the Municipal Health Department of Campinas and the Court of Justice of the State of São Paulo. ResultsThe sample comprised 506 medicines (322 active substances) and 493 legal cases. Of the US$9.270 million disbursed, 67.3% were allocated to purchase medicines. On average, 28.8% of the pharmaceuticals were listed on the National List of Essential Medicines (Rename), of which 52.3% were listed in the specialized component. Expenditures on nonincorporated and oncological medicines accounted for 76% of the total value. Acquisition of brand-specific medicines was predominant (53.7%), of which 75.5% had therapeutic equivalents. ABC curve shows that only 28 active substances corresponded to 79.8% of the expenses incurred to serve 573 plaintiffs. Four factors, when present in legal actions, prevented the rational use of public resources: assumption of responsibilities of other federative entities, acquisition of medicines not incorporated in Rename and oncological drugs, trademark determination, and the requirement to supply the medicine for an indefinite period. Costs associated with these factors caused an increase in expenditure, even with a decrease in legal demands filed against the municipality. ConclusionsJudicialization of medicines in Campinas from 2017 to 2021 required an allocation of US$6.2 million, aimed at treating only 0.068% of the population. Associated factors include legal requirements and internal management challenges that have increased costs.

A Fortiori Case-Based Reasoning: From Theory to Data

The widespread application of uninterpretable machine learning systems for sensitive purposes has spurred research into elucidating the decision-making process of these systems. These efforts have their background in many different disciplines, one of which is the field of AI & law. In particular, recent works have observed that machine learning training data can be interpreted as legal cases. Under this interpretation, the formalism developed to study case law, called the theory of precedential constraint, can be used to analyze the way in which machine learning systems draw on training data—or should draw on them—to make decisions. In the present work, we advance the theory underlying these explanation methods, by relating it to order theory and logic. This allows us to write a software implementation of the theory that can be used to compute with the definitions and give automatic proofs of the properties of the model. We use this implementation to evaluate the model on a series of datasets. Through this analysis, we characterize the types of datasets that are more, or less, suitable to be described by the theory.

Reasons for Potential Unreliability of DNA Evidence: A Critical Examination

DNA evidence is widely regarded as the "gold standard" in forensic science because of its capacity to accurately identify individuals and exonerate the innocent. However, several factors cast doubt on its reliability in criminal investigations. This study offers a comprehensive exploration of critical issues influencing the trustworthiness of DNA evidence, including errors in evidence collection, overlooking additional DNA samples at the crime scene, the absence of credible witnesses during searches, and the lack of video documentation throughout the processes of seizure, transportation, and lab analysis. Other concerns include human errors, inconsistent DNA analysis protocols among forensic laboratories, and potential contamination during sample collection. Furthermore, the research delves into laboratory errors, subjective interpretations, and existing biases. There is an increasing worry regarding the excessive reliance on DNA evidence without sufficient investigative corroboration, along with the potential misinterpretation of statistical probabilities by jurors. The article also examines ethical issues surrounding the expansion of DNA databases, privacy violations, and familial DNA searches. Citing pivotal academic studies and landmark legal cases like those of O.J. Simpson and Amanda Knox, this analysis highlights the pressing need for rigorous standards to govern the ethical use of DNA evidence in the criminal justice system.

Risk Profile of Stalking in South Korea: Analyzing the First Year of Court Decisions Following Initial Legal Responses.

South Korea implemented specific legislation titled the Act on Punishment of Crimes of Stalking (APCS) on October 21, 2021, to address the issue of stalking. This study evaluated the risks associated with stalking incidents in South Korea by reviewing and analyzing legal cases with finalized judgments within the first year of the APCS. Data were collected through a systematic search of the Korean Supreme Court's Written Judgment Management System database. We identified 193 stalking-related cases between October 21, 2021, and October 14, 2022. These cases were analyzed based on four risk profile criteria: profiles of stalkers and victims, the nature of stalker-victim relationships, motivations behind stalking, and patterns of stalking behavior. Further, we reviewed cases to which the APCS and the Criminal Act applied by analyzing stalker-victim relationships and the stalkers' underlying motivations to assess the risks associated with stalking. Approximately 16.6% of stalkers were diagnosed with mental disorders, the most common disorder being psychosis. The average age of the victims was 42.84 years, with a higher prevalence of female victims compared to male ones. Predominantly, stalkers were former intimate partners of the victims, with most cases motivated by rejection. Direct contact methods, such as physical approaches, have been observed more frequently than indirect methods, such as repeated unwanted messages, or non-contact behaviors, including surveillance and loitering. The findings provide an up-to-date overview of the under-examined criminal stalking issue in South Korea.

The Future of Generative AI: Copyright and Infringement Issues

Rapid advancements in generative artificial intelligence (Generative AI) have sparked a global revolution, ushering in a new era of accelerated automation that promises to upend industries, boost productivity, and potentially displace significant portions of the white- and blue-collar workforce. However, the rise of Generative AI also presents numerous challenges, particularly in the realm of copyright and infringement. The use of copyrighted works as training data for AI models has sparked fierce debates among creators, artists, writers, and programmers who object to their creations being utilized without attribution or compensation. Whether AI-generated content should be protected under copyright law is contentious, as the traditional copyright framework was designed for human creators. This paper delves into the copyright and infringement challenges posed by Generative AI, examining the legal framework, case studies, and potential solutions. It argues that a strategic approach is necessary to navigate the complexities of this rapidly evolving technology while ensuring the protection of intellectual property rights. The paper concludes by advocating for the development of comprehensive legal frameworks that balance the benefits of Generative AI with the need to safeguard creators rights.

The palpable dichotomy between animal cruelty laws and implementation – Is there a way forward for Indian jurisprudence?

This article critically examines the dichotomy between India's existing animal cruelty laws and their practical implementation. It argues that the primary issue lies not in the lack of animal protection legislation but in the loopholes and inadequacies of the current laws, which often fail to hold perpetrators accountable for their actions. The article traces domestic legislation, highlighting its shortcomings in achieving the overarching goal of animal protection. It also explores the role of judicial precedents in shaping the interpretation of these laws. Despite the Supreme Court's recognition of animal rights, socio-cultural and political factors have led to judgments and ineffective jurisprudence contradictions. The article emphasizes the need to reform and restructure animal cruelty laws, addressing the shortcomings in judicial precedents to alleviate animal suffering and protect their legal rights. By adopting an animal-centric perspective, the article aims to give voice to the subaltern realm, referring to relevant legal provisions and judicial precedents, as well as comparative perspectives, throughout the analysis.

Relationship in stages of development with age between living male children and male adults through measurement of sternum bone in Lucknow City of U.P

The ideal rule of identification of sex and age is a sever need in medico legal cases. Sternum is much more appropriate for detection of sex and age of human beings separately from racial characters. In present study, our objectives were to find out the age and gender on the basis of sternum length in living male children and adults. This study has been conducted on the total 100 subjects, 50 male children (02-15 yrs) and 50 male adult (16-60yrs) of healthy people (living children & adults) from general population of north India as well as in and around the Lucknow of Uttar Pradesh. The technique described by Ashley GT -1956b was used for measurement of sternum. Comparing the mean length, Student’s t test showed significantly different and higher length of manubrium (16.1%) (49.45 ± 3.45 vs. 58.97 ± 6.68, t=8.94, p<0.001) and length of sternum (4.0%) (156.16 ± 5.26 vs. 162.70 ± 5.70, t=5.97, p<0.001) in 16-60 yrs as compared to 2-15 yrs. The assessment of the relationship in stage of development and sex between living male children and adult through measurement of sternum bone in lucknow city of U.P., significantly different and higher length of sternum, because the growth of sternum segment was completely develop in adult, but the development in children male is continuous in ratio of adults male.

The Responsibilities of Land Deed Officials in Cases of Legally Null and Void Sale Agreements

The Land Deed Official (PPAT) often finds themselves as the defendant in legal cases. One notable example is the decision from the Makassar District Court No. 126/Pdt.G/2019/PN Mks. The purpose of this research is to analyze the responsibilities of the Land Deed Official (PPAT) when the deed they have prepared is declared null and void by law. This study employs a normative legal research approach, utilizing both legislative and case study methods. The legal materials for this research consist of primary legal materials and secondary legal materials, which will be analyzed using systematic interpretation and grammatical interpretation techniques. The findings indicate that the PPAT, as a public official responsible for drafting the Sale and Purchase Deed in Decision No. 126/Pdt.G/2019/PN Mks, must be accountable for the deed they create from an administrative perspective. This deed was declared null and void due to the failure to meet the contractual elements; consequently, the PPAT faced only administrative sanctions based on the ruling.

Law enforcement or use of force: The legal nature of activities conducted by CCG and JCG in the disputed waters

In recent years, China and Japan have been engaged in persistent maritime law enforcement competition in the waters surrounding Diaoyu Islands. There is a profound concern that the recent enhancement of their respective coast guards’ capabilities and mission scopes, coupled with a lack of mutual trust, may give rise to mutual misinterpretation of intentions. Such misjudgment has the potential to initiate a sequence of escalating reactions, ultimately culminating in armed conflict. The crucial factor in preventing this domino effect is the rational evaluation of the nature of maritime law enforcement operations conducted by both parties within the contested waters. Providing relatively objective evaluation criteria for these assessments is a critical role that international law can fulfill at this juncture. International judicial precedents have articulated a set of principles governing maritime law enforcement activities. Notably, the Guyana/Suriname case and the Detention of Three Ukrainian Naval Vessels case offered significant insights into the limitations on law enforcement operations in disputed maritime areas. Concurrently, both China and Japan have developed relatively comprehensive legal frameworks pertaining to the law enforcement activities of their respective coast guards. A better understanding of each other’s domestic legal regulations would also aid both China and Japan in avoiding misinterpretations of each other’s intentions. Indeed, through a comprehensive synthesis of the perspectives offered by international judicial bodies and a systematic analysis of each party’s domestic legal frameworks, this paper argues that, at least currently, neither party has exhibited intentions or actions that exceed the bounds of maritime law enforcement.

Science in a shifting policy system.

In June, the US Supreme Court overturned a 40-yearold legal principle known as the Chevron doctrine, which deferred to federal agencies on how regulations are interpreted in legal cases when the legislation enacted by Congress is unclear. Striking a blow against this precedent, Supreme Court Chief Justice John Roberts indicated that Chevron was "fundamentally misguided" and that only the nation's courts have the prerogative to interpret the laws they administer. Judges across the United States now anticipate an onslaught of litigation seeking to overturn federal regulatory actions, and many of these lawsuits will turn on scientific evidence that guided those actions. Instead of deferring to the scientific and technical expertise of federal agencies, courts must now independently review the scientific record behind a challenged regulation for its persuasiveness, along with scientific findings produced by the litigating parties. It's too early to fully unpack the impact of overturning Chevron, but the scientific community must step forward to support the crafting of clear and evidence-informed legislation, and the use of scientific evidence in the courts.

Constraints on Interstellar Sovereignty

Human space exploration and settlement of other planets is becoming increasingly technologically feasible, while mission concepts for remote and crewed missions to nearby star systems continue to be developed. But the long-term success of space settlement also requires extensions and advances in models of governance. This paper provides a synthesis of the physical factors that will constrain the application of sovereignty in space as well as legal precedent on Earth that likely applies to any crewed or uncrewed missions to other stellar systems. The Outer Space Treaty limits the territorial expansion of states into space, but the requirements for oversight of nongovernmental agencies and retention of property ownership enable the extension of state jurisdiction into space. Pragmatic constraints from historical precedent on Earth suggest that new space treaties will be unlikely to succeed and new global space agencies may have limited jurisdiction over states, while hard constraints of the space environment require adherence to technical capabilities, political feasibility, and long-term sustainability. These factors form a three-prong test for assessing the viability of interstellar governance models. This discussion of interstellar governance is intended to further the conversation about sovereignty in space prior to the first intentional launch of any interstellar spacecraft. Keywords: Space Settlement, Space Colonization, Interstellar Travel, Governance, Outer Space Treaty

Post-mortem interval determinations using insects collected from illegally hunted and dehorned rhinoceros in the Republic of South Africa from 2014 to 2021.

Wildlife forensic science is a growing research field globally with application in criminal cases of illegal hunting requiring an estimate of time of death based on insect fauna. The techniques and procedures of forensic entomology acquired over the last 40 years, used in legal cases relating to human remains, can be adapted to decomposing wildlife. Research on carrion utilising the rate of development of insect immatures provides a biological clock from which a minimum post-mortem interval (minPMI) can be derived. The following study concerns 19 rhinoceros that were illegally killed and dehorned in the Republic of South Africa between 2014 and 2021. The paper details 74 samples of insect evidence collected from these rhinoceros remains from which an accurate estimate of their PMI was calculated. The specimens comprised 18 species from 12 families belonging to three insect orders. Many Dipteran and Coleopteran species were found on and around each carcass. The species of fly larvae (family Calliphoridae) used in each case to estimate the PMI are as follows: Chrysomya marginalis (Wiedemann) (13 cases), Chrysomya chloropyga (Wiedemann) (2 cases), Chrysomya albiceps (Wiedemann) (1 case) and Chrysomya megacephala (Fabricius) (1 case). Two species of Coleoptera from the family Dermestidae and Silphidae involved Dermestes maculatus (DeGeer) and Thanatophilus micans (Fabricius), respectively, also were involved in one PMI estimation each. The paper highlights opportunities for improving our global understanding of gaps in procedures and training related to wildlife criminal cases.

Trend of medico-legal cases at a tertiary care teaching hospital of U.P.

Background:Trend of medico legal cases is a fundamental part of the prevention of avoidable causalities in future and to study the crime rate in area. In present study an attempt is made to know the burden of medico legal cases. The aim of present study is to describe the profile, pattern and trend of medico-legal cases and identify errors in the medico-legal reports. METHOD:This is a Retrospective, descriptive, non-interventional study, conducted in emergency department of Government Medical College and Hospital Jalaun during the period from 1st January 2023 to 31th December 2023. This is a tertiary care teachinghospital where patients are referred from most of private hospitals. Patients from district hospitals of the region are also admitted in this college. Conclusions:In majority of places, duty of casualty medical officer is accomplished by MBBS doctor whois not expert in handling of medico legal cases. Therefore medico-legal work should be doneunder the direction of forensic medicine expert to avoid inaccuracy in giving the opinion. The presentstudy showed that male outnumbered female and maximum cases were of youngergeneration. Most common aetiology was of road traffic injuries. Such incidences can beprevented by giving awareness through proper education and training of safety standards byadministrators through road safety programs.

Harnessing Intellectual Property Rights for Endangered Species Conservation: Balancing Innovation with Biodiversity Protection

Protection of endangered species has now become an essential priority worldwide due to alarming rates of biodiversity destruction, largely because of habitat destruction, climate variation, pollution, and over-exploitation. Conventional conservation methods include protective legislation, habitat preservation, and international agreements. However, Intellectual Property Rights, hereinafter referred to as IPR, has emerged over the past few decades as an increasingly powerful yet complex tool for nature conservation. IPR can take the form of legal protections through the use of patents, trademarks, copyrights, and geographical indications that provide an incentive for the innovation and development of technologies that directly or indirectly assist in species conservation. Examples include Patents on the utilization of biotechnological innovations, such as genetically modified organisms engineered to increase the survival of threatened species, cloning, and cryopreservation techniques to preserve genetic material; and Trademarks to promote wildlife-friendly products. While IPR has great potential to boost the course of conservation, it is by no means devoid of challenges. Some of the major issues include ethical issues regarding the commodification of varieties of life, rights to genetic resources, and benefits sharing with Indigenous communities and countries rich in biodiversity. It, therefore, requires a careful balance between the drive for innovation and the imperative to protect biodiversity, and international frameworks navigate the complexities arising-in particular, the Convention on Biological Diversity and the Nagoya Protocol. This paper discusses the intersection of IPR and conservation through an analysis of legal regimes governing the area, benefits, and challenges associated with IPR in conservation, and ethical debates shaping its application. The paper points out, through case studies and legal precedents, how IPR can be made to align with the bigger conservation goals so that protection accorded to endangered species is sustainable and yet encourages innovation. Findings highlight that although IPR may act as a catalyst for technological advances supportive of conservation, it needs to be implemented with clear guidelines, ethical oversight, and strong international collaboration in order not to produce unintended consequences. The needed directions include the strengthening of regulatory frameworks, raising awareness, and equitable benefit-sharing to balance IPR with conservation goals. If managed judiciously, the ultimate synergy between IPR and conservation strategies promises to unleash innovations that could go a long way toward protecting and preserving the most threatened species of the world.

Unveiling the Dark Side: The Misuse of the Dowry Prohibition Act 2018 in Bangladesh

This study had tried to investigate the misuse of the Dowry Prohibition Act 2018 in Bangladesh, a legislation designed to combat dowry-related abuses and promote gender equality. Through a thorough analysis of legal cases and socio-cultural data, it reveals the alarming trend of individuals exploiting the Act for personal gain. The law that was created to protect women from the oppression of the dowry system is now being used by some women to rule over males. This research, based on the misuse of dowry legislation in Bangladesh in 2018, will shed light on the causes of the rise in fake dowry cases in the Bangladesh. Second, a thorough comprehension of how to handle all bogus dowry case concerns gained through fieldwork Third, a thorough examination of the issue of defending and shedding light on the challenges faced by both victims and the accused.

The Forensic Invention of Leontes’ ‘Affection!’ in The Winter’s Tale

ABSTRACT King Leontes in The Winter’s Tale is famed for his violent rejection of his wife, believing Hermione is having an affair with his best friend Polixenes. Leontes is also famed in 1.2 for an incomprehensible speech known as his ‘Affection’ monologue, beginning: ‘Affection? thy intention stabs the centre … ’, which prompted Mark van Doran to call it ‘the obscurest passage in Shakespeare’. Critics have wrestled with the speech for centuries, but this paper claims the word ‘intention’ should have been ‘invention’, but for a compositor’s error misplacing a ‘t’ for a ‘u’ (the word being spelled ‘inuention’ in the First Folio). The paper shows that when this error is corrected, the rest of Leontes’ speech starts making sense, with Leontes referring to the explosion of distractive thoughts invented by his jealousy whilst also ruminating on the ‘coactive art’ of rhetorical invention; a forensic process used to discover proofs for a legal case of conjecture (did Hermione commit adultery or not?). This paper shows how Leontes’ allusions to inventio arts correspond to the forensic rhetoric used also in scenes 2.1 and 3.2 and examines two precedents for the emendation to support the case for correcting Leontes’ ‘intention’ to the word ‘invention’.