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3.3 Finally, counsel claims that the failure of the State party to ensure a prompt and impartial investigation of allegations of torture in connection with the death of Mr. Akhimien, as well as the failure to ensure that the family of the deceased received adequate compensation, constitute violations of articles 12, 13 and 14 of the Convention.
http://209.85.173.132/u/uofmn?q=cache:-gvBJa5NKegJ:www1.umn.edu/humanrts/cat/decisions/67-1997.html+coroner+tort+cases&cd=1&hl=en&ct=clnk&gl=us&lr=lang_en&ie=UTF-8 - comment by Nye Frank
THE CANADIAN INSTITUTE Litigating Personal Injury Damages DAMAGES FOR EMOTIONAL DISTRESS by RICHARD. M. BOGOROCH - Add comment
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Toronto Railway Co. V. Toms (1911), 44 S.C.R. 268 at 274.9See Dulieu v. White & Sons, [1901] 2 K.B. 669.10See Hinz v. Berry [1970] 2 Q.B. 40, where Lord Denning explained thatdamages are11recoverable for “nervous shock, or, to put it in medical terms, for any recognizablepsychiatric illness caused by the breach of duty by the defendant.”See Linden, Canadian Tort Law, supra 1, at pp. 389-92.12Eventually, the courts began awarding damages for emotional distress, but onlywhere therewas an accompanying physical injury. The court reasoned that, where a person suffers physicalinjury, however slight, damages could be claimed for the fright occasioned thereby. Subsequently,9the physical injury requirement was discarded when it was decided that damages resulting fromnervous shock generated byfright maybe recoverable in a negligence action, even whereno physicalinjury has occurred.10IV.The Components of a Claim for Emotional DistressA claim for damages for emotional distress can come in a variety of forms. One may beclaiming, in the words of Lord Denning, damages for “nervous shock”. Other commonly used11terms are damages for emotional upset, intentional infliction of mental distress, negligent inflictionof emotional distress or negligent infliction of psychiatric damage. The common element to theseclaims is that, under Canadian law, the complainant must establish two components: first, thepsychological injury suffered by the plaintiff was a foreseeable consequence of the defendant’snegligent conduct, and second, that the psychological injury was so serious that it resulted in arecognizable psyc - comment by Nye Frank
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McLoughlin v. Arbor Memorial Services Inc. [2004] O.J. No. 5003.13Enunciated by the House of Lords in White v. Chief Constable of South Yorkshire, [1998] 314W.L.R. 1509 (H.L.), and approved by MacPhearson J.A. in Vanek v. Great Atlantic and Pacific Companyof Canada Limited (1999) 48 O.R. (3d) 228 (O.C.A.).Ibid.15A.What is meant by “foreseeable”?Foreseeability has generally been interpreted as what a “reasonable person” would foresee.In thecontext of an accident,foreseeableemotional distress meanspsychiatricinjuryas areasonablyforeseeable consequence of exposure to the trauma of the accident and its aftermath.13In general, the law expects its citizens to be reasonably robust and hesitates to imposeliabilityfor the exceptional frailtyof certain individuals. Before beingheld to be in breach of a dutyto an accident bystander, a defendant must have exposed him to a situation where it was reasonablyforeseeablethat apersonof reasonable robustness andfortitudewouldbelikelyto suffer psychiatricinjury.14The Ontario Court of Appeal addressed this issue in Vanek v. Great Atlantic & Pacific Co.Of Canada Limited (“Vanek”). In this case, an 11-year-old girl consumed a small amount of foul15tasti - comment by Nye Frank
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(1998) 38 O.R. (3d) 651.26[2001] O.J. No. 5756 (S.C.J.).27VII. Building the Claim - The Insurance ActClaims for emotional distress have long been recognized and, since 1994, have beenpermitted bythe various incarnations of the InsuranceAct. It maybeuseful to recall that theOntarioMotorist Protection Plan (the first no-fault legislation which governed motor vehicle accident casesbetween June 22, 1990 and December 31, 1993), allowed compensation - comment by Nye Frank
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(1998) 38 O.R. (3d) 651.26[2001] O.J. No. 5756 (S.C.J.).27VII. Building the Claim - The Insurance ActClaims for emotional distress have long been recognized and, since 1994, have beenpermitted bythe various incarnations of the InsuranceAct. It maybeuseful to recall that theOntarioMotorist Protection Plan (the first no-fault legislation which governed motor vehicle accident casesbetween June 22, 1990 and December 31, 1993), allowed compensation only if an injured person’simpairments were physical in nature. Claims for emotional distress unadorned with any physicalcomponent resulted in the claim being dismissed.However, if the emotional distress claim could be characterized as a “chronic pain claim”with both physical and psychological aspects, compensation was permitted (see in this regard,Chrappa v Ohm).During the OMPP era plaintiffs’ counsel went to great lengths to meld26psychological distress with a physical component in order to be free of the rigid straightjacket of theOMPP threshold.With Bill 164, which took effect on January 1, 1994 and governed motor vehicle accidentcases until October 31, 1996, there was no impediment to obtaining compensation for a “seriousimpairment of an important physical, mental or psychological function”. Bill 59 (which applies tomotor vehicle accidents between November 19 - comment by Nye Frank
Radiation overexposure claims: fighting defense tactics creatively. | Trial | Find Articles at BNET - Add comment
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Bar responsible for evaluation of judicial candidates to complete a
minimum of training in fairness and bias. - comment by Nye Frank
administrative justice funding for elder victims riverside county 2007 - Google Search - Add comment
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What are the steps to take to show conspiracy, obstruction of justice of homicide victim of crime - Google Search - Add comment
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Most programs process claims through a staff centralized in one office in
the state capital, but a few states have branch or regional offices or make use
of locally based individuals in other agencies to perform preliminary work on
applications, such as gathering documents.
Typically, states request and analyze police reports to confirm that a crime
took place and to determine whether the victim was involved in any
illegal or contributory activity when victimized. Information from service
providers like hospitals, doctors, counselors, and funeral homes, as well as
employers if work loss is claimed, forms the basis for benefit determinations.
Decision-making authority varies from state to state, with about a third of
the states using part-time boards or commissions to determine eligibility and
awards, and the rest authorizing full-time administrative staff (usually program
directors) to make determinations. In three court-based programs, judges or
court officials decide claims.
All of the programs are authorized to deny or reduce benefits to people who
are injured while committing crimes or engaging in substantial misconduct
contributing to their victimization. Programs rely primarily on police reports
to make these determinations, and expend considerable effort to make careful and
appropriate decisions on these issues. Five state compensation laws also
authorize denial based on
prior criminal activity unrelated to the current victimization.
The eligibility of a victim's dependents or other secondary victims
generally hinges on the eligibility of the "direct" victim (the one who suffered
the injury or death). For example, if a homicide victim was engaged in
criminal activity, the family generally would be ineligible for any benefits.
Each state operates under its own law, rules, policies and procedures, and
while all of the programs share broadly similar eligibility requirements, it's
important for those accessing any program to check with the individual state to
learn exactly how it operates.
victim funds, unclaimed fundsDepartment of Justice, State of Oregon - Attorney General Opinion Summaries - Add comment
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2009-04-22 03:56:43
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Must boards disclose investigative information that they receive from police agencies?
SHORT ANSWER
Investigative information that a board receives from a police agency is not “privileged”
or “confidential” under ORS 676.175(3) and boards must disclose that information if it was
obtained in the investigation of the allegations in the notice and if no other exception applies - comment by Nye Frank
investigations is that board investigations are not conducted “for the purpose of facilitating the
rendition of professional legal services to the client.” ORS 676.165 provides, in relevant part:
(1) Upon receipt of a complaint by any person against a licensee or
applicant, a health professional regulatory board shall assign one or more persons
to act as investigator of the complaint.
(2) The investigator shall collect evidence and interview witnesses and
shall make a report to the board. The investigator shall have all investigatory
powers possessed by the board.
(3) The report to the board shall describe the evidence gathered, the
results of witness interviews and any other information considered in preparing
the report of the investigator. The investigator shall consider, and include in the
report, any disciplinary history of the licensee or applicant with the board.
That statute vests authority to direct investigations into complaints about licensees or applicants
in boards, not the attorney general’s office. It also clarifies that board investigations are not
conducted “for the purpose of facilitating the rendition of professional legal services,” but to
carry out the boards’ statutorily-mandated duty to investigate the complaints it receives. Nor do
we believe that substituting an investigator from the Department of Justice for an investigator
employed by the board to carry out the investigation would alter the statutory purpose of such
investigations and render them to be “for the purpose of facilitating the rendition of professional
legal services.” - comment by Nye Frank
- Quotes & Comments -
Legal
Oregon Courts
Oregon Revised Statutes Links
Oregon Constitution Links
Oregon Administrative Rules
Oregon State Bar Association
United States Courts
Ninth Circuit Court of Appeals
United States Supreme Court
Consumer
American Association of Retired Persons
Better Business Bureau
Construction Contractors Board
Federal Communication Commission
Federal Trade Commission
Food & Drug Administration
Securities and Exchange Commission
Division of Child Support
DCS Links
Other Government
United States Department of Justice
United States Senate
United States House of Representatives
Oregon Legislature
Oregon Governor
State of Oregon
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- Quotes & Comments -
http://www.oregoncrimevictimsrights.org/
Crime Victim's Compensation Program
http://www.doj.state.or.us/crimev/comp.shtml
Attorney General's Sexual Assault Task Force
http://www.oregonsatf.org/
Crime Victim Assistance Network (CVAN)
http://www.oregonvictims.org/
National Criminal Justice Reference Service (NCJRS)
http://www.ncjrs.gov/
National Center for Victims of Crime (NCVC)
http://www.ncvc.org/ncvc/Main.aspx
National Crime Victim Law Institute (NCVLI)
http://www.ncvli.org/
National Organization for Victim Assistance ( NOVA)
http://www.trynova.org/
Office for Victims of Crime (OVC)
http://www.ojp.usdoj.gov/ovc/
The National Victim Notification Network
http://www.appriss.com/VINE.html
Justice Solutions
http://www.justicesolutions.org/art_pub.htm#impact
Free Management Library
http://www.managementhelp.org/
National Association of Volunteer Programs in Local Government
http://www.navplg.org/ - comment by Nye Frank
People who bookmarked http://www.nlada.org/News/News_Education also bookmarked | Diigo - Add comment
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Chapter II
Victim assistance programmes
Goal: The goal of a victim assistance programme is to assist victims in dealing with emotional
trauma, participating in the criminal justice process, obtaining reparation and coping with problems
associated with the victimization.
Objectives: The objectives of the programme are to do the following:
(a) To increase the commitment of Governments and organizations to do everything possible
to assist victims;
(b) To increase the range and availability of services for victims from the time of the
victimization and throughout the aftermath;
(c) To expand the victim’s opportunity to participate at all critical stages of the criminal
justice process and to ensure consideration of the impact of the victimization upon the victim in all
criminal justice systems and international tribunals;
(d) To increase coordination and networking of all appropriate agencies, organizations,
groups and families, and kinship and community support systems providing services to victims or
affecting the treatment of victims in order to develop an integrated system of victim assistance;
(e) To improve the quality of outreach to victims in need and their treatment;
(f) To be aware of the unique needs of underserved or new victim populations. - comment by Nye Frank
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2009-04-22 03:35:07
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the fact that loss and injury have been caused by the deliberate act of another human being. At the same time, it is evident from
research and experience that it is impossible to predict how an individual will respond to a particular crime.
One way of conceptualizing common reactions to crime is as a process with four stages. The initial reaction may include
shock, fear, anger, helplessness, disbelief and guilt. Such reactions are well documented in the immediate aftermath of a crime.
Some of these reactions may recur at a later stage as well, for example, when attending a trial or going to hospital for medical
treatment. Anger is a reaction that some victims and helpers find difficult to deal with. It may be directed at other victims,
helpers, bystanders, organizations and also at oneself. Among some groups and in some cultures there may be a feeling that
it is wrong to express anger even when it is strongly felt. There may be pressure on victims to control their emotions.
These initial reactions may be followed by a period of disorganization, whichmay manifest itself in psychological effects
such as distressing thoughts about the event, nightmares, depression, guilt, fear and a loss of confidence and esteem. Life can
seem to slow down and lose its meaning. Previously held beliefs and faiths may no longer provide comfort. Behavioural
responses might include increased alcohol or substance abuse, fragmentation of social relationships, avoidanceof people and
situations associated with the crime and social withdrawal - comment by Nye Frank
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Phil Reddish telling on him self
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