These events would give way to what Neville & Lokuge call a 'novel' legal question. Its novelty, the article suggests, may be the primary reason that courts of have decided with inconsistency how best to address 'wrongful life' and 'wrongful birth' cases. Accordingly, the article reports that "courts have endeavoured to be careful in recognising and awarding damages in novel areas of law, such as "wrongful birth" and "wrongful life." The High Court of Australia has recently given judgment in both kinds of action: in 2003 allowing a claim for wrongful birth (Cattanach v Melchior), but in May 2006 disallowing two separate claims for wrongful life (Harriton v Stephens and Waller v James/Waller v Hoolahan)." (Neville & Lokuge, 559)
The research conducted here finds that this inconsistency is a product of core values held by many lawmakers and members of the public which overlap beliefs concerning abortion and the legal slippery slope created by the establishment of allowance. However, a separation from these considerations and a reflection on the issue of awarding damages in wrongful life cases shows such a response to be more effectively consistent with the implications of Australian tort law. This is to say, as supported in the text by Pollard (2004), that the legal precedent in matters of medical malpractice makes it assumptive that damages would be awarded in wrongful life instances. Court decisions to the contrary should be viewed as having made special conditions by which to formulate a denial of the plaintiff's rights. Pollard states on this point that "Wrongful life cases also depart from negligence jurisprudence by utilizing a unique damages analysis that finds no precedent in prior negligence cases and results in no remedy, despite enormous medical and other expenses and often severe pain, suffering, or other injury. In addition, wrongful life jurisprudence departs from the policy-based trend to create alternative theories of recovery where a strict adherence to common law doctrine would unjustly result in no remedy to innocent victims." (p. 1)
In this regard, we can see that it is of necessity to critically distinguish...
It must be considered, as well, that genetic testing is a somewhat newer thing and the results can be skewed; so even if a doctor did do a test and results came up negative, there is a chance something could have been positive. Is the doctor responsible for the fact that the test didn't find any genetic problems? It would be absolutely nonsensical to think that the doctor should be
Wrongful Pregnancy Wrongful birth, Wrongful Life, Wrongful conception Wrongful pregnancy, wrongful birth, and wrongful life: Variations in the law between states The concept of 'wrongful life' sounds horrifying to many legal outsiders, given the idea that it would be 'better that someone had never been born' seems anathema to common notions of decency and humanity. However, such notions as 'wrongful pregnancy,' 'wrongful birth' and 'wrongful life' are ultimately designed to bring justice to families
Why would somebody confess to a crime they did not commit? According to professor Kassin, Saul, there are several types of people who falsely confess: compulsive type-attention seeker -- confesses to gain a piece of the fame, impress others, or to get attention compulsive type-homeless -- confesses as a way to get off the streets compulsive type-fugitive -- confesses to avoid being prosecuted for a crime elsewhere with stiffer penalties compulsive
Wrongful convicted people have also been seen to experience psychiatric dysfunctions, and long -- term difficulties re-integrating into the society. The convicted people lose income during pleading in their cases, they end up losing their assets, and those employed later get low earnings. The justice system should be a system of high integrity which people can put their faith, to ensure that justice is done to them. If laws
Wrongful Conviction textbook, compare problems wrongful conviction Canada, United States, United Kingdom. What similarities differences? Discuss Wrongful Convictions in the International Context In spite of the fact that the law system has experienced much progress in the recent years, wrongful convictions continue to occur as lawmen encounter impediments and are unable to use the law properly. It often happens for people who are innocent to be convicted on account of an
As Neuschatz, Jones, McClung and Wetmore (n.d.) note, secondary confessions are viewed as “extremely persuasive evidence” (p. 2) even though they are the “leading cause of wrongful convictions in capital cases” (p. 3). What this shows, nonetheless, is that information acquisition is the most effective of the three recommendations. Knowing where information was acquired and how can be extremely important in the application of research on informant testimony. Secondary confessions
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