Major Reforms for Minors’ Confessions: Rethinking Self-Incrimination Protections for Juveniles

The right against self-incrimination has been a part of American law since before the enactment of the Fifth Amendment. In the twentieth century, extreme police interrogation methods led the U.S. Supreme Court to institute further protections of this constitutional principle. Most significantly, in 1966, in Miranda v. Arizona, the Supreme Court permanently altered American criminal procedure and culture by extending the now-famous Miranda rights to individuals before custodial interrogation. Over fifty years later, these procedural safeguards to the right against self-incrimination have met virtually universal criticism for their ineffectiveness. Matters are particularly dire for juveniles because the law has failed to establish meaningful protections to ensure that they can understand and use their right against self-incrimination. Further, there is a growing amount of evidence that developmental limitations make juveniles especially susceptible to making uninformed, involuntary choices during interrogation. The recent innocence revolution provides proof that this leads to false confessions that unduly prejudice children in the criminal justice system and result in wrongful convictions. This Note argues that major change is necessary to protect juveniles from self-incrimination, and that confession evidence from juvenile interrogation should be inadmissible in court for due process and evidentiary reasons

Predictors of dying at home for patients receiving nursing services in Japan: A retrospective study comparing cancer and non-cancer deaths

<p>Abstract</p> <p>Background</p> <p>The combined effects of the patient's and the family's preferences for death at home have in determining the actual site of death has not been fully investigated. We explored this issue on patients who had been receiving end-of-life care from Visiting Nurse Stations (VNS). In Japan, it has been the government's policy to promote end-of-life care at home by expanding the use of VNS services.</p> <p>Methods</p> <p>A retrospective national survey of a random sample of 2,000 out of the 5,224 VNS was made in January 2005. Questionnaires were mailed to VNS asking the respondents to fill in the questionnaire for each patient who had died either at home or at the hospital from July to December of 2004. Logistic regression analysis was respectively carried out to examine the factors related to dying at home for cancer and non-cancer patients.</p> <p>Results</p> <p>We obtained valid responses from 1,016 VNS (50.8%). The total number of patients who had died in the selected period was 4,175 (cancer: 1,664; non-cancer: 2,511). Compared to cancer patients, non-cancer patients were older and had more impairment in activities of daily living (ADL) and cognitive performance, and a longer duration of care. The factor having the greatest impact for dying at home was that of both the patient and the family expressing such preferences [cancer: OR (95% CI) = 57.00 (38.79-83.76); non-cancer: OR (95% CI) = 12.33 (9.51-15.99)]. The Odds ratio was greater compared with cases in which only the family had expressed such a preference and in which only the patient had expressed such a preference. ADL or cognitive impairment and the fact that their physician was based at a clinic, and not at a hospital, had modest effects on dying at home.</p> <p>Conclusions</p> <p>Dying at home was more likely when both the patient and the family had expressed such preferences, than when the patient alone or the family alone had done so, in both cancer and non-cancer patients. Health care professionals should try to elicit the patient's and family's preferences on where they would wish to die, following which they should then take appropriate measures to achieve this outcome.</p

Coleanthus subtilis [Tratt.] Seidel - a new species to the Polish vascular flora

The authors describe the locality of a so far in Poland unknown species Coleanthus subtilis. It was discovered on the Oleśnica Plateau near Wroclaw. This grass occurs on a surface of ca. 15 ha, round muddy shores of fishponds. The large stand makes the impression to be at least 50-year old. Together with the grass of our interest there grow also other, not frequent to day, species like Veronica peregrina, Myosurus minimus and Limosella aquatica. The traditional management of fishponds makes the basis of maintenance of all the species and the whole community. The constant filling with water of the reservoirs and application of fertilisers threatens the existence of the whole rare and interesting ecosystem

Ecological significance of some kenophytes in Lower Silesian national parks

The paper presents the results of several years investigations (2003-2007) on two invaders: the Himalayans Impatiens glandulifera and Asiatic Reynoutria japonica. The Sudety Mountains and their national parks are under strong pressure of both species, threatening the local vegetation. The four-year investigations have been carried out in field, glasshouse and in laboratory. Invasive species have their peculiar life histories which help them to occupy new areas. Those are above all the specific generative reproduction strategies (Impatiens) or vegetative reproduction strategies (Reynoutria). Both strategies secure the reproductive success and to capture more and more highly situated areas of the mountains. Very significant characteristics connected with the expansion of invaders is the excessively over and above the average production of seeds (Impatiens) and a huge annual increment aboveground biomass (Reynoutria). The investigated invasive species are probably not equipped with influence of allelopatic type as of greater importance is their competitive strength. The invaders can eliminate a part of the early spring flora belonging to the geophyte group and impoverish the regional biological diversity. Both the invasive plants enter also into some moist mountain forest communities

Threatened lichens of Lower Silesia, Poland

A preliminary red list of threatened lichens of Lower Silesia (SW Poland) is presented. Species have been valuated according to the Red Data Book Categories (IUCN). The list comprises 602 taxa (ca. 60% of the whole lichen flora of Lower Silesia). 52 species are considered as rare (category R), 84 - as vulnerable (V), and 63 species - as endangered (E). The Silesian lichen flora is characterized by great numbers of taxa with extinct (Ex -140 taxa), and indeterminate (I - 263 taxa) categories

Plants accumulating heavy metals in the Sudety Mts

The Sudeten flora consists of some plants we can recognize as heavy metal accumulators. Between others there are: Thlaspi caerulescens, Arabidopsis halleri, Armeria maritima ssp. halleri s.l. and probably the endemic fern Asplenium onopteris var. silesiaca. The authors present the concentrations of some important heavy metals measured in aboveground plant dry weight. The highest concentration of zinc was 8220 ppm (Thlaspi), nickel - 3100 ppm (Thlaspi), lead - 83 ppm (Armeria), copper - 611 ppm (Arabidopsis) and cadmium - 28 ppm (Thlaspi). The concentrations depend rather on species or population specification than on ore deposit quality. There are no typical hyperaccumulator among plants we have examined, but some signs of hyperaccumulation of nickel, zinc and lead could be observed. There are no typical endemic taxa, only Asplenium onopteris var. silesiaca and Armeria maritima ssp. halleri may be recognized as neoendemic taxa, but still of unclear systematic position. During the study we tried to find out why some Sudeten vascular plants do not develop heavy metals hyperaccumulation and why they are rather latent hyperaccumulators. Finally, we suggest to protect some metallicolous areas in spite they are rather territories with low plant biodiversity

Ecological indicator values of some lichen species noted in Poland

The paper presents the ecological indicator values for 360 lichen species noted in Poland. For the given species estimated were the climatic indicators (light, temperature, moisture) and the edaphic ones (trophicity, habitat acidity). The estimate is based mainly on field studies and Polish lichenological literature. Presented are also the dynamics tendencies, i.e expansion or dieback of the analyzed species. According to papers by Polish authors, concerning various groups of plants, used were five degrees' scales of the analysed indices