Essay on Prison Crowding

Essay on Prison Crowding The intent of this paper is to examine the history of the prison population in the United States in regards to men and women. It will discuss the impact of the crowded prisons on the inmates as well as possible solutions to alleviate the crowding in the prisons. Before the authorities developed the female institution, they housed the women in a separate division of the male prison. In general, the women in these sections encountered horrific conditions. The excessive use of solitary confinement characterized these along with significant acts of sexual and physical abuse that the male inmates and guards meted out to them. The women in these facilities received few, if any, services (Mallicoat, 2012 from Freedman, 1981). Further, Mallicoat (2012) said that they housed the women at Auburn State Prison in New York, in the attic space where they experienced unsupervised situations. Male inmates received the assignment to distribute their meals to these women. In several instances, the men remained for extensive time than they required to complete the duties that pertained to their job. Unsurprisingly, many prison-related pregnancies occurred from these interacted experiences. Unfortunately, in 1825, Rachel Welch, a pregnant woman died from beatings she received from a male guard. However, this incident led to momentous changes in how they housed the incarcerated women. Consequently, in 1839, in response to the growing concerns of the abuse of the females in male prison facilities, they opened the first women prison facility. Therefore, they located the Mount Pleasant Prison Annex on the Sing Sing grounds and placed a male penitentiary in Ossining, New York. Even though they set a female warden at the Mount Pleasant, the male Sing Sing administrators still had complete control. These males had minimal perception about the nature of criminality in the females. Notwithstanding the officials intent to eliminate the abuse experience that the women encountered inside of the prison setting, the male guards continued to abuse and administer corporal punishment to these the women at Mount Pleasant. Additionally, Mallicoat, (2012) contended that the unpleasant conditions and the high levels of neglect and abuse, impelled moral reformers in the United States to work toward improved conditions for these incarcerated women. During the 1820s and 1830s, several American reformers came from liberal religious backgrounds within the middle- and upper-class communities. These reformers efforts led to noteworthy changes for the incarcerated women, which included the development of separate women institutions. As a new perspective, the reformatory became an institution, which they developed for the purpose of rehabilitating women from their immoral behaviors. At that point and for an undefined time, they sent the women to the reform center until they became satisfied that these women got improved. The women whom they sent to sent to the reformatories were most likely the White, working-class women (Mallicoat, 2012). Based on the viewpoint that they designed the jail to improve the womens moral character, the women received sentence for various crimes. These crimes included indecent and vulgar behavior, fornication, veneral disease, adultery and a series of premarital pregnancies. In comparison to male institutions, the custodial institutions had design and values. They offered very little in regards to the rehabilitative programming for the incarcerated women. These women whom they placed in custody faced several distinctive issues, with many of which the prison was ill-equipped to deal. Interestingly, some facilities had prison nursery programs that gave the mothers, while they remain in incarceration, the opportunity to stay with their young children. They additionally, created gender-responsive programming to address the particular needs of the female offenders (Mallicoat, 2012). In recent times according to Biron (2013) The United States Congress research wing issue warning that 30 years of historically unparalleled increase in the number of the United States incarcerated prisoners. The incarcerations have led to extensive of overcrowding that presently impacts the federal prison systems infrastructure. In addition, for over 30 years, based on a new report from the Congressional Research Service (CRS), the population within the federal has escalated to approximately 790% increase 219,000 from 25,000 inmates. Today, these distended figures, have confirmed that the United States incarcerated more people than any of the other countries. Out of 100,000, they have imprisoned some 716 persons. Throughout the 1980s, prisoners litigation in the federal courts experienced dramatic increase. Although the Supreme Court said that the constitution did not mandate comfortable prisons in response to Rhode v Chapman, 452 U.S. 337, 101 S.C + 2392, 69 L. Ed. 2d 59 (1981), lower courts intervened to limit the number of inmates whom they could house in some of the prisons. The officials often welcome judicial interventions since the overcrowding in the prisons made it difficult to control the prison populations. Crowded prison have more prisoners in the jail than what the facility can allow. The unhealthy state of the prisons relates to several issues that the American corrections currently face. The overcrowded prisons upset the inmates and also hinder their improvement in the psychological sphere. Additionally, the overcrowded prisons deprive the inmates of resources. This unavailability of resources and the absence of a peaceful environment can produce destructive outcome for the prisoners (Dhannyya, 2012). Indeed, overcrowding in the prison has several undesirable effects upon the detainees. Research demonstrated that overcrowding in prison produces aggression, competition for the limited available resources, increased incidents of illness, increased likelihood of relapse into criminal behavior and higher rates of suicide.   Research has also specified that overcrowding has three kinds of effects on the daily prison surroundings. The first effect centers around the lesser amount of everything that they have to stretch the same resources and space even further. They curtail the opportunities through which inmates can participate in rehabilitative and self-improvement programs like the academic, vocational training and employment programs. The lack of work or opprtunities to work, often result in inmate idleness and often reinforces the adage that idleness breeds discontent and disruptive behavior (Howard, 1996). The individual inmate’s behavior forms the second effect of overcrowding. Crowding creates stress and this stress in conjunction with other factors within the prison setting, can increase the adverse impacts of crowding. The inability to maintain personal identity, fear, idleness, or to turn off unwanted stimulation and interaction like noise, add to the stress that crowding presents. The third effect includes a combination of the inability of the correctional system to meet the increased demand for more space along with the resulting harm that the individual inmates encounter. Without a doubt, in an attempt to cope with the limited available space and the overcrowding, which take place, there is a strong tendency to misclassify offenders develop. To some extent, overcrowding result in offenders being classified on the basis of the available space than the level of security and the most suitable programs for the offenders (Howard, 1996). In addition to the three notable effects, among the inmates, the overcrowded prison initiates aggression and competition for the limited resources. It also influences illness and sufferings among the prisoners. Prison overcrowding increases the suicide rates and boosts recidivism among the prisoners (Dhannyya, 2012). Then there is prison rape, which served as one of the most serious problem for an inmate. During this experience, the smaller and puny prisoners, especially if they are unaligned to a particular gang, become most vulnerable (Scheb Sheb 11). Sheb Sheb 11 assert that the problem gained national attention. As a result, in July 2003, Congress enacted the Prison Rape reduction Act, which produced a commission that would examine all the problem related issues. It also required the local officials and federal state receive assistance from the Department of Justice. Cunniff, (2002) posits that always collecting, monitoring, and analyzing admission and length-of-stay information from the solution to alleviating crowding, as well as, manage the jail population. In addition, it will also help when they share the results with other justice officials as well as, with the officials who have leadership roles in the general government. Their cooperation will become essential as they collaboratively control the practices and policies that establish the jail admissions and the length of stay. As noted earlier, the handling and mechanisms of this issue, lie out of the control of the sheriff and, or jail administrator. For this reason, the sheriff and the jail administrator have a stake in forming a justice system-wide criminal justice coordinating committee (CJCC), or in strengthening an existing CJCC that is not operating well. The forum serves as a place where the sheriff can demonstrate that potential or actual jail crowding is a justice system dysfunction: it is not merely â€Å"the sheriff’s problem.† These officials have a significant stake in ensuring the prison bed resource is best used to maximize public protection. When they present pure and credible, practical evidence, they will do all they can to modify their practices and policies. A jail administrator and/or sheriff can exert substantial influence on the decision-making in which these other agencies become engaged. However, thay can only do so if they possess the facts and if they can proficiently answer questions about the changes the jail population makes. They can additionaly accomplish this influence if they can clearly demonstrate how the changes in admission rates or the lengths of stay can improve how they administer justice. This approach will also serve the community well when time to build a new jail arrives. Officials will be more informed and more supportive. They will be able to help the community understand that prison bed space is being used wisely. The general public will not support efforts to expand prison bed space until it becomes convinced that they squeeze out all the potential excess of the existing operation (Cunniff, 2002). Accordingly, the National Criminal Justice Reference Service (2000) states that the availability of alternatives, treatment options, and other resources are a powerful tool to decrease the jail populations. In fact, the Multnomah County, Oregon, public defender keeps and continually updates a database of services for both pre-trial defendants and adjudicated defendants awaiting sentencing. In Monroe County, New York, they permanently assign defenders to two staff members from the county’s Alternative to Incarceration program. They make available defense advocacy services for the defendants who are on bond in jail and those about to receive sentence. The staff also identify alternative programs for the clients plus, monitor the progress that the clients make. The Commonwealth of Virginia Public Defender’s Commission, in most of its offices throughout the states, utilizes sentencing advocates. The lawyers develop diversion plans or locate alternative sentencing programs for the defendants so that they can provide assistance. The sentencing advocates also work with defendants and their families in order to address and recommend optional treatments or alternative sentencing to the court (National Criminal Justice Reference Service, 2000). They have added alternative advocacy to the solution. Importantly, in several communities, the interest of the private defense bar in improving bail practices attract the establishment of pretrial services agencies. Subsequently, bar associations have sponsored the development of pre-trial offices in California, Monroe County, new York and San Mateo County. Further, the involvement of the ongoing bar has served as the chief catalyst in dealing with jail crowding as it occurs in both jurisdictions. Public defender offices also support individual optional prison term ventures. Community Partners in Action Center on Alternatives, work along with public defender offices in Hartford and New Haven, Connecticut, to develop structured, individualized sentencing recommendations for the clients liable to receive jail terms. They structure the program on the clients specific planning model that the National Center for Institutions and Alternatives pioneered. Finally, they focus on defender’s case-processing systems that may influence the jail populations. They employ vertical processing, which involves assigning a case to the same team throughout the court process or attorney. They may reduce court delay and save jail space. The horizontal processing, on the other hand, comprises reassignment of instances when they pass a certain stage. This form of processing frequently results in considerable delay in the case while a new attorney becomes familiar with the defendant and the case((National Criminal Justice Reference Service 2000). Without a doubt, this paper has confirmed the experiences of prison overcrowding. This issue has developed for a long time in the jail system. Many ill-effects have resulted, which have created immeasurable discomforts and substandard experiences for the inmates. However, with time the authorities have implemented solutions to this overcrowding situation. They have sponsored the development of pre-trial offices and had also focused on defender’s case-processing systems that may influence the jail populations. Finally, they intend to reduce court delay so as to limit the crowding in jail. Work cited Biron, C. (2013). U.S. Prison Population Seeing Unprecedented Increase Retrieved December 19, 2014, from http://www.ipsnews.net/2013/02/u-s-prison-population-seeing-unprecedented-increase/ Cunniff, M. (2002). Jail Crowding: Understanding Jail Population Dynamics. Retrieved December 19, 2014, from http://static.nicic.gov/Library/017209.pdf Dhannyya. (2012). Prison overcrowding effects on Inmates,Overcrowded prisons in US and Canada,Negative impact or effects of overcrowding. Retrieved December 19, 2014, from http://dhannyya.hubpages.com/hub/Prison-overcrowding-and-its-effects-on-Inmates Howard, J. (1996). PRISON OVERCROWDING. Retrieved December 19, 2014, from http://www.johnhoward.ab.ca/pub/C42.htm Mallicoat, S. (2012).  Women and crime: A text/reader  (Vol. ISBN-13: 978-1412987509 ISBN- 10: 1412987504, pp. 461- 463). Thousand Oaks, Calif.: SAGE. National Criminal Justice Reference Service. (2000, January 1). A Second Look at Alleviating Jail Crowding: A Systems Perspective. Retrieved December 19, 2014, from https://www.ncjrs.gov/pdffiles1/bja/182507.pdf Scheb, J., Scheb, II, J. (2009). Criminal Procedure. Retrieved December 19, 2014, from https://books.google.com.jm/books?id=4F4gMAKbeuECpg=PA240lpg=PA240dq=the issues prison officials encounter due to the overcrowding problem of prisonsource=blots=a0LYS3GyvZsig=kuvAtD1MtzX-RjXr_5te7h5IsKshl=ensa=Xei=t6KUVJ2TGsqYgwTY9IOoDwved=0CD0Q6AEwBQ#v=onepageq=the issues prison officials encounter due to the overcrowding problem of prisonf=false

The Life Cycle of a Social Problem - 1494 Words

The Life Cycle of a Social Problem A social problem is a condition that a group of people view as being undesirable. These can be a variety of different â€Å"problems.†They can occur in your community, school, church or any place that people interact with each other or an object. When a social problem arises there is a general way that they are handled. The earliest of definition on how a social problem is recognized was made by Richard Fuller and Richard Myers. There cycle had three stages. The first stage was that the group had to some situation or behavior as a problem. Once they stated that there was a problem the next step was to transforms the situation or beahvior into a public debate to discuss that certain problem and how it†¦show more content†¦These roles of power also have concentrated link to the critical approach. When a problem is merely a micro problem it is normally blamed on the attributes of people rather than the integrity of the system. With any social problem in general there are two moral entrepreneurs. They are the rule creators ,which is the group that is trying to fix a behavior or situation that doesnt agree with there ideals or belifs, and the rule enforcers which are the police and other public officals that will have to oversee that the law or resolution is upheld by the public. The simple one of these two are the rule enforcers. There main part is just to uphold these rules so therefore they look at it is a job and not a way of life persay like a rule creator would.They also come into the life cycle after the solution or resoultion has been determined .During their time of upholding the new law they will make many enemies and friends but the only thing that really matters is that the new law or rule will be upheld so there will not be another social problem of this nature. The second of the moral entrepreneurs and the most complex one is the rule creators. 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The Content Of Food And Beverage Advertisements Are...

A growing number of research has been committed to determine whether the content of food and beverage advertisements is influencing children’s mentality. Since advertising could be used as a vehicle for sharing knowledge and beliefs which may affect patterns of behavior. Children are like a blank canvas on which to paint a new life idea. Children like everyone else also consume nutrients through sight and hearing. Essentially, they are being influenced by unique environment variables, firstly from their family environment. These environmental variables are the center of enculturation, from which ideas, attitude and images are memorized. Cultural or norm behaviors are learnt through the clothing they wear and even the food they eat. Many researchers have condemned advertising for its effects on children’s food knowledge, preferences and food choice obviously, advertising does have an effect on children. Parents are realizing that, all television represents is an influent ial power for children. Television is a way the world can model negative behaviors for children to follow. Action and words are equally effectual and one must be careful of what one does or says for kids to emulate. A popular phrase â€Å"bad habits are easily made but hard to broke† is true of children, because it requires maturity and self-control to resist the negative behavior and model positive ones. Though television is not the only way children see and interact with the world, it counts for most of theShow MoreRelatedPropaganda by Edward L Bernays34079 Words   |  137 PagesPROPAGANDA By EDWARD L. BERNAYS 1928 CONTENTS I. II. III. IV. V. VI. VII. VIII. IX. X. XI. ORGANIZING CHAOS .................................................. THE NEW PROPAGANDA ............................................ THE NEW PROPAGANDISTS .... 9 19 32 47 62 THE PSYCHOLOGY OF PUBLIC RELATIONS BUSINESS AND THE PUBLIC .... 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Plaintiff Liable Contributory Negligence †Myassignmenthelp.Com

Question: Discuss About The Plaintiff Liable Contributory Negligence? Answer: Introducation Yvette Sonja Horne, the plaintiff was only 13 when she met with an accident and suffered severe injuries in the lower part of her body. It was 11 December 1998 when she fell off her bicycle on the road in front of the rear wheels of a semi-trailer that passed across her lower body. She was riding to the Cooper Tennis courts from her school Aspley State High school, when she met with the accident. The tennis court was situated at some distance from the school, which caused the plaintiff ride to the Tennis Court. In this case, the State of Queensland is the first defendant, the driver of the semi-trailer named Lyall Norman Boettcher was the second defendant and the owner of the semi-trailer, Finner Bryce transport Pty Ltd was the third defendant. A legal proceeding has been initiated against the State of Queensland on the ground that it failed to management reasonable care towards the children who were under the responsibility of Aspley State High School, which can be depicted as negligent attitude on part of the State. The school also demonstrated a negligent behavior by permitting the children to ride to the Tennis Court from school as the school was aware that the road to the Tennis Court was dangerous for the children to ride bicycles owing to the heavy traffic on the road. Whether there was a breach of duty of care on part of Aspley State High School Is the plaintiff liable for contributory negligence? Can the owner and driver of the semi-trailer be held liable for negligence? Arguments of the plaintiff The main contention of the plaintiff was that the driver of the semi-trailer or the second defendant is liable for negligence, as he did not halt the vehicle even after he noticed that the plaintiff and her friend was riding bicycle in front of his vehicle (Antieau 2016). The entire attached semi-trailer and the prime mover of the vehicle had safely passed across the plaintiff safely but the plaintiff fell of the cycle in front of the rear wheels of the vehicle. The plaintiff further contended that the first defendant that is, Aspley State High School was negligent by failing to exercise reasonable care towards its pupils. The school owed a duty of care towards its pupils including the plaintiff as they were rising to the Tennis Court during the school hours with the permission of the school. This establishes that the school was responsible to ensure that the pupils reach to the Tennis court safely. Further, the school authorities were aware of the fact that some of the students might use bicycles to ride to the tennis court using the road, which poses potential danger for the children, especially, for ones of the plaintiffs age. Furthermore, the plaintiff stated that her mother was assured that the school authority would take responsible for the students while they go to the tennis court. The school assured that the students would travel in groups under supervision and a teacher would accompany the students on their way to the court. On the unfortunate day, the first defendant permitted the students to make their own way to the tennis court from school and did not accompany them under supervision of a teacher or other school authority to the Tennis Court. Connie Miles suggested the plaintiff to ride a bicycle to the Tennis Court. The plaintiff also contended that while she was riding the bicycle down the hill, she noticed prime mover and an attached semi-trailer was overtaking them. At that point, of time, the plaintiff realized that the rake system in bicycle was not working and she collided with the bicycle, which her friend was riding. Both the children flung off their bicycle and the plaintiff came under the rear wheels of the semi-trailer. The plaintiff asserted that she also faced difficulty while controlling the bicycle just before the plaintiff collided with her friend. Arguments of the defendant The driver of the semi-trailer that is, the second defendant contended that the plaintiff had seen the semi-trailer when it was two-meters away from her bicycle. He had a glimpse in his rear mirror after he heard a slight noise and saw that the plaintiff was under the trailer. He halted the vehicle and assisted to the plaintiff and her friend that was necessary at that point of time. The driver further asserted that the side wheels of the semi-trailer and the prime mover were very close to the white line in Beams road that kept out the traffic travelling towards Gympie road. The driver further contended that he saw two children riding bicycles in front of the vehicle and he noticed that the bicycle, which the plaintiff was riding, was unstable. Moreover, the plaintiff contended that the bicycle was big for the plaintiff and there was no indication on part of the plaintiff that she was about to swerve more than 1.7 meters to her right and the vehicle passed the plaintiff extending 2.4 meters from the centre line. Judgment of the Trial court After the perusal of the contentions made by both the parties, the court based its judgments on the following reasons: Firstly, the court relied on the recollection of the plaintiff and her friend with some reservation the owing to the fact that the incident had occurred nine years ago. While determining the liability of the first defendant with respect to negligence, the court considered the fact that the Aspley High School was responsible for ensuring that its students reach the Tennis court safely under the supervision of a teacher. When the plaintiffs mother enquired auditing the travelling from school to the Tennis court, the plaintiffs mother was assured that the children would travel in groups under supervision. Thirdly, considering the contention of the defendant that the bicycle was too big for the plaintiff and it was unstable due to defaulted brake system in the cycle, the court relied on the evidence of the police under section 18 and 101 of the Evidence Act. The evidence was related to the facts about the incident that was obtained after interviewing the defendants, plaintiff and her friend. Fourthly, while determining the liability of the second defendant, the driver, the court accepted the contention that Beams road posed danger for people riding bicycles. The court rejected the contention that the driver of the semi-trailer vehicle failed to exhibit reasonable care for preventing the incident that caused injuries to the plaintiff (Cusimano and Roberts 2016). The evidence that while the trailer passed, its side wheels were very close to the plaintiff supported this statement made by the court. The distance between the plaintiff and her friend and the prime mover was at a distance of 4.2 meter and the trailer being 8 ft wide, the court asserted that, the second and third defendant cannot be held liable for negligence (Brake 2014). Fifthly, the fact that the first defendant (school) owed a duty towards the plaintiff being te student of the school, the court opined that the school is liable for violating it duty of care by allowing the plaintiff to travel from school to the court without supervision while she was under the authority of the school. Further, despite being aware that there is possibility that students would either ride bicycles or walk on the Beams road to reach the Tennis court, the school permitted the students to make their own way to the tennis court. Sixthly, the court considered that on the day of incident, the children travelled without the supervision, thus, breaching their duty of care. Although the first defendant asserted that walking would have been a safer means than riding, for mature people in the position of the plaintiff, but the court considered that the plaintiff as immature at her age and rode the big bicycle with a defaulted brake system under influence of her friend (Ogden and Hylton 2016). The school was obligated to ensure that all its student reach the Tennis court safely and authorize a teacher to supervise them to the court instead of asking them to reach to the court on their own. The court supported its opinion by referring to Geyer v Downs Anor [1976-77] 138 CLR 81 and Williams v Eady [1893] 10 TLR 41 at p.42 which requires every teacher to exercise duty of care towards the students like a father exercises care towards his boy. Lastly, to determine whether the plaintiff was liable for contributory negligence, the court held that it is reasonable for a 13-year girl who is used to riding bicycles to detect that the brake system was not working. The court opined that the accident resulted partly due to the collision of bicycle with her friend and partly due to lack of care of the plaintiff. The court referred to Lynch v Nurdin [1841] 1 QB 29 which explains that contributory negligence of a child refers to the failure of the child to exercise the care that is reasonably expected from any ordinary child of the same age. The court considered that despite being aware that the bicycle was bigger than the size of the plaintiff and the default in the brake system, the plaintiff continued riding which implies she lacked maturity and failed to exercise reasonable care for her own safety. The court divided the responsibility between the plaintiff and the first defendant where the first defendant is entitled to 75% of responsibility for negligence and the plaintiff is entitled to 25% of the responsibility for contributory negligence. The plaintiff was awarded damages under the Griffiths and Kerkemeyer head of damage. Decision of Appellant court The judgment distributing negligence against the appellant was set aside and awarded the plaintiff with the cost of the appeal. Critical analysis of the decision The court accepted the contention made by the driver of the semi-trailer (second defendant) that the bicycle was big for the plaintiff and appeared to be unstable. The court was satisfied that the plaintiff fell off the bicycle because of inexperience in riding bicycle or due to the defaulted brake system in the bicycle. The court rejected the contention that the second defendant should have halted the vehicle on the ground that the plaintiff did not give any indication that the second defendant should stop the vehicle. Furthermore, there were other vehicles behind the semi-trailer, it was not possible for the second defendant to halt the vehicle, and neither the vehicle anticipated that it posed danger to the plaintiff. The court applied the Lynchs case, the court held that the plaintiff was aware of the fault in the brake system before reaching the place of the injury and concluded that the plaintiff acted immaturely and foolishly, hence, she was party accountable for the injuries sustained by her in the accident. The appellant made an appeal stating that the trial judge erred in apportioning the responsibility of the accident between the plaintiff and the defendant (Spamann 2016). The appellant claimed that she was not liable for contributory negligence and claimed damages for the need of future care. The appellant court held that the trial judge failed to provide sufficient evidence with respect to the fact that the appellant became aware that the braes of her bicycle were not working or that they were not working before she started the ride or before she reached the place of injury. The appellant contented that she was capable of exercising some control over the speed by using the front brake and the pedals of the bicycles. Further, the trial judge opined that the size of the bicycle is another cause for the accident but the appellate court disagreed with the trial judge stating that there is no sufficient evidence to establish the fact that the appellant had realized that the size of the bicycle hindered her efficient control over the cycle. Hence, the evidences adduced by the defendant do not establish that fact that the plaintiff was party accountable for the occurrence of the accident and the injuries sustained by her in the accident. Reference List Antieau, C.J., 2016. Procedural Requirements and Shared Liability.Antieau on Local Business Law, Second Edition, Barry, C., 2017. Statutory modifications of contributory negligence at common law.Precedent (Sydney, NSW), (140), p.12. Brake, D.L., 2014. Tortifying Retaliation: Protected Activity at the Intersection of Fault, Duty, and Causation. Chase, O.G. and Miller, H.G., 2016. Law of Negligence.New York Practice Guide: Negligence,1. Cusimano, G.S. and Roberts, M.L., 2016. Contributory Negligence and Assumption of Risk.Alabama Tort Law,1. Foley, M. and Christensen, M., 2016. Negligence and the Duty of Care: A Case Study Discussion.Singapore Nursing Journal,43(1). Geyer v Downs Anor [1976-77] 138 CLR 81 Lynch v Nurdin [1841] 1 QB 29 Ogden, B.G. and Hylton, K.N., 2016. Incentives to Take Care Under Contributory and Comparative Fault. Ryan, C.J., Callaghan, S. and Large, M., 2015. The importance of least restrictive care: the clinical implications of a recent High Court decision on negligence.Australasian psychology,23(4), pp.415-417. Spamann, H., 2016. Monetary Liability for Breach of the Duty of Care?.Journal of Legal Analysis,8(2), pp.337-373