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Recent years have seen a growing number of criminal prosecutions
for sexual offences against children which are alleged to have
occurred many years before the time of prosecution. This is a
relatively new phenomenon within the criminal justice system. This
book examines the response of the criminal justice systems of
common law jurisdictions to such challenging cases, and explores
how the system should respond in order to ensure that the defendant
receives a fair trial, whilst recognizing the reasons why
complainants may delay reporting abuse for many years. The book
begins with a discussion of the psychological effects of childhood
sexual abuse in order to shed light on the reasons why a victim
might delay in making a complaint. Two central categories of delay
are introduced: those in which the victim always remembered the
abuse but was unable to complain; and those in which the victim's
memory of the abuse was allegedly lost and later recovered. The
debate over whether long-delayed criminal prosecutions should be
brought, and the particular concerns raised by delayed childhood
sexual abuse cases, are reviewed. Statutory and constitutional
limits on the bringing of such cases are canvassed. The common law
remedies of abuse of process and prohibition, which can ensure that
unfair or oppressive prosecutions do not proceed, are examined. The
focus then turns to the trial of delayed childhood sexual abuse
allegations, considering the use which can be made by the
prosecution and defence of evidence of complaint and delay in
complaint, and the methods by which the jury can be informed of the
reasons why complainants may delay. The role of warnings to the
jury about the absence of corroboration and the forensic
disadvantage or prejudice which the defendant may have suffered as
a result of the complainant's delay in coming forward is
scrutinized. Particular problems raised in cases involving
recovered memories, and those involving multiple allegations are
analysed. Finally, retrospective assessment of trial fairness and
the safety of convictions is considered. The book is
multi-jurisdictional in scope, focussing on those common law
jurisdictions which have experienced a large number of such
prosecutions: England and Wales; Ireland; Canada; Australia; New
Zealand and the United States.
The question of whether euthanasia and assisted suicide should be
legalized is often treated, by judges and commentators alike, as a
universal, ethical question, transcending national boundaries and
diverse legal systems. By thinking of the issue in this way, the
important context in which individual jurisdictions make decisions
about assisted dying and the significance of the legal methods
chosen to carry out those decisions is often lost. This book
examines the impact of the choice of diverse legal routes towards
legalization on the subsequent assisted dying regimes in operation.
This examination suggests that greater caution is needed before
relying on the experience of one jurisdiction when discussing
proposals for regulation of assisted dying in others. The book
seeks to demonstrate the need to explore the legal environment in
which assisted dying is performed or proposed in order to evaluate
the relevance of a particular legal experience to other
jurisdictions. The book begins with an examination of the
unsuccessful attempts to use constitutionally entrenched human
rights claims to challenge criminal prohibitions on assisted
suicide which reached the highest courts in the United States,
Canada and Europe. Their failure makes legalization through a
rights-based claim unlikely in any major common law or European
jurisdiction. Alternative routes towards legalization are then
discussed, including the defence of necessity, by which euthanasia
was effectively legalized in the Netherlands and an approach based
on compassion which has been proposed in France, as well as the
legislative approaches which have been taken in Oregon, Belgium and
the Northern Territory of Australia. All of these approaches are
compared in detail, with particular attention paid to the
effectiveness and transferability of the ubiquitous slippery slope
arguments
There have been impressive improvements in the diagnosis and
treatment of cancer in recent decades. In economically advantaged
countries with well-developed healthcare systems over 50% of all
cancer patients achieve long term survival and are probably cured.
Not only has survival improved radically for cancer patients but
also there has been an increasing focus on the quality of patient's
lives, on improving the patient experience of care and on
developing effective support for the very many cancer survivors.
Despite the progress in cancer treatment, unfortunately a
substantial number of cancer patients will still ultimately die of
their disease. For many this will follow periods of successful
treatment which results in good remissions and good quality of
life. Helping patients to make the right choices about their care
towards the end of their lives is one of the greatest and most
challenging responsibilities of all healthcare professionals. Legal
change on the provision of assisted dying by healthcare
professionals has occurred in a substantial number of
jurisdictions. This work brings together contributions on end of
life choices from experienced professionals from oncology
disciplines, palliative care, law, nurses and professions allied to
medicine. The goals are: * To better inform cancer care
professionals and the wider community about developments in choices
in end of life care for cancer patients internationally. * To
better answer questions from patients and respond to requests from
patients, including questions about and requests for assisted dying
in countries where it is legal to do so. * To have a balanced and
well informed dialogue about choices available to patients without
developing a formal policy position on change in law. * To provide
a basis of information for future educational activities.
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