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1.
Psychiatr Psychol Law ; 31(1): 15-30, 2024.
Artículo en Inglés | MEDLINE | ID: mdl-38455266

RESUMEN

This article examines some of the possible harmful effects of regulatory investigations, in particular that of trauma, on persons being investigated and those around them, the legal, ethical or regulatory duties or responsibilities of regulators in the case of such events, and programs currently available to prevent or ameliorate these effects. It concludes by describing what trauma-informed regulatory practice might look like and concludes that a trauma-informed approach to regulation can provide a model of justice that can be applied to persons adversely affected by investigations without derogating from a regulator's statutory purposes.

2.
J Law Med ; 29(4): 1026-1039, 2022 Dec.
Artículo en Inglés | MEDLINE | ID: mdl-36763016

RESUMEN

The potential for adverse consequences of investigations by a regulatory authority into complaints made against a person whom it regulates raises important questions about how regulators or similar bodies are, or should be, held accountable for their actions. This article examines the legal duties or other obligations that a regulator of health practitioners owes to people it regulates as well as to those who make complaints or submit notifications and to the public at large. It raises the general question of what duties or obligations any regulator or similar body with investigatory or coercive powers owes to persons arising out of its investigations. It finds that although they do not have a legal duty of care to a regulatee to protect them from harm, there may be other reasons why a regulator may want to consider the welfare of those whom it regulates as well as other affected parties.


Asunto(s)
Regulación Gubernamental , Legislación Médica , Responsabilidad Social , Humanos
3.
Psychiatr Psychol Law ; 28(5): 748-773, 2021.
Artículo en Inglés | MEDLINE | ID: mdl-35571601

RESUMEN

Experience of psychological trauma is correlated with violent offending, with exposure reported for most offenders entering the criminal justice system. The practice of trauma-informed sentencing recognises this complex and consistent relationship, and endeavours to respond in a way that avoids re-traumatisation and reduces harm to offenders and victims. Trauma-informed approaches to offenders improve safety in custodial settings, enhance prospects of correctional rehabilitation and recovery from mental illness and promote the health and welfare of staff working with offenders. This quantitative pilot study examines the identification and impact of trauma - as recorded in sentencing decisions - for homicide perpetrators in Victoria, with particular attention to trauma-informed sentencing and whether or not gender makes a difference. Traumatic experiences were described in a high proportion of cases but only explicitly recognised in a minority. Trauma-informed sentencing recommendations were rare. Collaboration between clinical and legal professionals to inform and enhance trauma-informed procedures is recommended.

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