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On cover: Legal instruments
When a person goes missing their family can suffer serious financial repercussions, as well as inevitable pain and distress. Having examined the law and processes the Committee have found that such suffering is exacerbated by: a legislative patchwork of bewildering complexity; the inability to administer the financial situation of their missing relatives; a lack of information about the actions they are able to take; and ignorance of the correct procedures to be followed by police, lawyers, banks, insurers and others. This report puts forward a threefold recommended approach. Firstly, the introduction of a presumption of death act to clarify the legal position. Such an act should be modelled on the legislation in Scotland and Northern Ireland. Presumption of death orders, however, can only solve some of the problems families face. It will only be appropriate to declare a missing person dead several years after their disappearance. In that time, their financial affairs can be devastated beyond hope of recovery. The Committee also therefore recommends that legislation be introduced to allow for a system of guardianship orders, similar to those in Australia. These will allow for the administration of the missing person's property in his or her best interests if they have not returned after three months, as well as support for dependents. Finally, they call on the Government and industry to provide effective guidance for families in very difficult and distressing circumstances, as well as those who provide services for them.
A missing person is an individual whose whereabouts are unknown and where there is some concern for his or her wellbeing. In the UK, around 250,000 people are reported missing every year, with the majority being children under the age of 18. Despite the fact that missing persons are a social phenomenon which encompasses vast areas of interest, relatively little is known about those who go missing, what happens to them while they are missing, and what can be done to prevent these incidents from occurring. This groundbreaking book brings together for the first time ideas and expertise across this vast subject area into one interconnected publication. It explores the subjects of missing children, missing adults, the investigative process of missing person cases, and the families of missing persons. Those with no prior knowledge or professionals with focused knowledge in some areas will be able to expand their understanding of a variety of topics relevant to this field through detailed chapters which advance our understanding of this complex phenomenon, discuss what is unknown, and suggest the best and most important steps forward to further advance our knowledge.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
A comprehensive examination of all critical aspects of Disaster Victim Identification (DVI) As the frequency of both natural and man-made mass fatality disasters increases worldwide, the establishment of clear standards and best practices within the field of Disaster Victim identification (DVI) is of vital importance. Whereas most countries assign jurisdiction to law enforcement agencies following Interpol guidelines, DVI is the responsibility of the medical examiner and coroner in the United States. Disaster Victim Identification in the 21st Century is the first book of its kind to directly address the needs of DVI practitioners in the United States, covering the full spectrum of DVI from traditional methods such as fingerprints, odontology, and anthropology to advanced DNA identification technology. Approaching DVI from three perspectives—academic, government, and private industry—this comprehensive volume examines the history and current state of the discipline, the ongoing formation of national standards, the various methods of human identification, and the key challenges and future of DVI. In-depth chapters are written by leaders in the field with personal experience in human identification and mass fatality events. Provides practitioners with practical guidance on planning and taking part in DVI based on current national standards and best practices Discusses continued improvement in both traditional and emerging DVI methods Includes non-region-specific case studies and recommendations that can be easily adapted for international use Examines ethical and legal considerations in DVI, including suggestions for standardizing the victim identification process Describes the critical role of the Victim Information Center (VIC) in providing the comparative information required to go beyond presumptive identifications Part of the American Association for Forensic Sciences (AAFS) series, Disaster Victim Identification in the 21st Century: A US Perspective is an indispensable resource for forensic scientists, disaster planners, policymakers, medical examiners and coroners, law enforcement and emergency personnel, and upper-level undergraduate and graduate students in forensic sciences and emergency management.
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
Comprehensive guide to forensic medicine and toxicology, with almost 1000 images and illustrations.
An indispensable guide for university students, government officials and legal practitioners alike. The European Convention on Human Rights – Principles and law is the essential handbook for university students, government officials, lawyers and human rights advocates seeking a comprehensive and concise account of the case law generated under the European Convention on Human Rights. Written by experts on the Convention, it: • cites nearly 1 500 cases, providing links to each case in the HUDOC database; • identifies key challenges and current legal developments; • provides suggestions for further reading on contentious issues; • is a companion text to Council of Europe’s book The individual application under the European Convention on Human Rights – Procedural guide by Linos-Alexandre Sicilianos and Maria-Andriani Kostopoulou.