Tag: Court

  • Bullying Tactics of the Australian Government Over Gay Marriage

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    To say that most Australians are underwhelmed and disgusted by the latest move on the part of the Federal Government is an understatement. Most are just stunned by the hate it expresses towards gay people and the wriggle tactics it is using to avoid resolving the most important question at the moment. Now it has declared there will be a postal ballot to decide the issue of gay marriage.

    If that doesn’t take one’s breathe away nothing will. Already there are so many cracks in it that the quality of such a move is about as good as a wet cigarette. Many people in remote areas of Australia do not have a postal box because they don’t engage in that type of correspondence.

    Aside from the many issues that people have for or against the government’s decision there are so many other factors that come into play. We have a big multicultural community with people from many religiously focused countries, such as the Muslims and Catholics. That would mean that their attitude could be greatly against such a move.

    There is also the question of whether or not people will even care to return their votes. Many are already stating they won’t, and I personally feel the same way. Now there is a challenge to the High Court, lodged by a Tasmanian Senator, Andrew Wilkie, and highly supported by others, including a former judge of that institution.

    The cost of this tom-foolery is some 170 million dollars. Before one chokes on their biscuit they need to also know that this government has squeezed every cent they can from the poorest of the country. Unemployment and other social security measures have been so reduced that many are living well below the poverty line.

    Their excuse is because the budget is in so much debt that by taxing the lowest paid more and reducing welfare, as well as altering the Medicare system to save more money, they had to exercise these measures. As soon as one takes them to task over the mismanagement and bullying that is going on they instantly blame the Opposition.

    While this is called the lucky country it is also one that has apparently lost its way through the dictatorship and bull-headedness of government members. There have been some bad Prime Ministers and governments in the past but right now they look like mavericks compared to today’s effort.

    While come 26 countries have already passed laws allowing gay marriage the outright block to it in this one is unforgivable and based on religious ignorance.

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    Source by Norma Holt

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  • Explore a Luxurious Lifestyle With Flats in North Kolkata

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    North Kolkata and luxurious lifestyle? They are not quite synonymous to each other, right? Are you sure about this outlook? Well, the reality is based on a different story altogether.

    North Kolkata essentially represents the vintage charm of the city. There is something unique about the region. While walking down the lanes of this region, you'll come across homes which were built during the British era or even before. The lanes are narrow where you'll find children indulging in playing 'gully cricket'. You'll come across the traditional shops selling fried eatables or as the Bengalis call it 'Tele Bhaja' along with some iconic sweet shops. However, luxurious lifestyle calls much more than such features. It calls for modern features that will upgrade your living standards and simplify it as well.

    Hence, things are changing for North Kolkata. The small shops, old vintage houses and narrow lanes are getting replaced by contemporary facilities and modern living spaces. However, does that mean this place will provide you with a luxurious lifestyle? Let's delve into the blog to familiarize with the truth.

    Luxury Living & North Kolkata- Do they Go Hand-in-Hand?

    Modern Residential Projects: Luxury starts with residential complexes defined by opulence and style. The housing complexes in North Kolkata will provide you the same. Most of the projects in this region are stunning defined by comfort, luxury and modern-day conveniences under one roof. The residential complexes are wrapped in the pure essence of nature backed by modern features, bringing you the best of both worlds.

    Most of the projects are spread across a huge acre of land with 60-70% open spaces defined by lush green foliage. Such projects also consist of landscaped gardens, ponds, pocket gardens, children's park and the likes to provide one with well-rounded lifestyle amidst a stunning milieu.

    Upgraded Living Spaces: With modern housing complexes, you'll also get the advantage to live in fine living spaces which will essentially improve your living standards. Constructed using cutting edge technology, the projects consists of comfort packed rooms, quality apartment specifications (like bathroom & kitchen fixtures) and an amazing city view. What's more? The modern luxury apartments in North Kolkata are open on 3-4 sides and are Vaastu compliant, thus bringing comfort and good vibes in your new home. Some projects will also provide you with duplex living spaces within a price range of 30 lakhs to 40 lakhs. Isn't that incredible?

    Excellent Amenities & Facilities: In today's world, it is mandatory for a residential complex to provide the residents with a remarkable set of amenities and facilities. Understanding the significance of the same, the developers are making sure to provide the residential complexes with clubhouse amenities and residential project facilities that will enhance the living standards a step further. Luxuriate with residential complexes in North Kolkata consisting of features like:

    • Rooftop swimming pool.

    • Adda Room

    • Pool Table

    • Modern Gymnasium

    • A Multi-Purpose Grass Court.

    • Landscaped Green Areas

    • Reflexology Park, etc.

    Apart from these three primary features, connectivity quotient in North Kolkata has improved as well. The region has seen an increase in local train routes, buses, auto-rickshaws, call cabs and even metro links, easier simplifying the daily task of traveling to various parts of the city. For example, if you buy flats in Barasat, you'll stay considerably close to the airport, local railway stations and upcoming metro link for an easy traveling affair.

    With connectivity, the region has also seen an improvement in commercial facilities. The region now consists of popular schools, health care centers, malls, departmental stores, entertainment zones, etc., thus meeting your requirement for a well-rounded lifestyle.

    Hence, does luxurious lifestyle and North Kolkata goes hand in hand? We can say without any second thought they do go hand in hand. Hence, North Kolkata is becoming a hub of high end residential projects to provide you with a posh living standard. Are you planning to buy a new home? Why don't you check out the residential complexes in this region? Your dream home is probably hidden here.

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    Source by Jems Hug

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  • Department Administrator Interference in the Doctor-Patient Relationship

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    I contacted a resident doctor in Internal Medicine at a teaching hospital and asked if he would be interested in becoming my primary care physician (PCP). My note briefly described my background in health outcomes research and two of my prescription drugs. He wrote back that he would be honored to be my PCP, and came across as professional, humble, and sincere. A new doctor-patient relationship was formed, and I contacted my existing doctor’s office to arrange for my medical records to be transferred, which immediately informed that office that I must be dissatisfied and going to a new doctor. I also shared with the resident doctor confidential information from my medical records and a copy of one of my professional presentations at a health care conference.

    A department administrator then contacted me to say the resident doctors are not available every day of the week for clinic and are not even here when they do their ICU rotation. Also, the Internal Medicine department protocol would not allow the resident doctor to write me a drug prescription for off label use. Finally, she was concerned that in the past I have ordered and correctly interpreted my own blood tests. The administrator’s attitude reflects one of the chief complaints Americans have with the health care system: the system is coming at them and requiring them to get health services in some predefined structure to which the facility is accustomed but which eliminate any potential for individualized treatment according to individual patients’ needs.

    Apparently the administrator did not spend enough “careful consideration” to get her facts straight. I do not need to see my PCP daily or even monthly. My track record shows I saw my existing doctor once in a calendar year, and the prior doctor before him I saw once in a 15-month period. So the administrator based her decision on her own ignorance of the facts.

    She also misstated facts concerning off-label prescriptions for drugs by resident doctors. One of the drugs we are talking about is Clomiphene. Both a resident doctor and an attending faculty physician at the teaching hospital advised me that they would be willing to write me (off-label) prescriptions for this drug, and the attending physician did indeed phone in a prescription for one of the drugs at my request. Similarly, the Dept. of Obstetrics and Gynecology (OB-GYN) advised me that their doctors, both resident and attending, have prescribed Clomiphene to patients. Therefore, residents in Family Medicine and OB-GYN (both primary care departments) can write prescriptions for Clomiphene, but “protocol” prevents residents in Internal Medicine (also primary care) from writing off-label prescriptions. What kind of a cockamamie rule is that? What, the residents in Internal Medicine are too dumb or too naive to understand off-label benefits of medicines?

    Finally, I had planned for my resident PCP to order and interpret blood tests each time I visited him. The administrator could have learned that fact if she had bothered to call or write me before jumping to conclusions and interfering in my doctor-patient relationship. I strongly reject the Director’s paternalistic view of medicine in which she feels she has to protect resident doctors from patients who order or interpret their own blood tests. These resident doctors are young professionals who have completed their medical degrees; they don’t need paternalistic oversight from a department administrator telling them who they can and cannot invite to be patients.

    Apparently, an overwhelming number of patients who visit this teaching hospital’s doctors want to be told what to do and how to feel. I am the exact opposite; I take personal responsibility for and manage my own health, which is strongly advocated under health care reform. Having a more equal, collaborative relationship with my PCP works for me, and that seems to be the true reason for the administrator’s interference. Studies show that medical malpractice rates drop with a non-paternalistic model of health care services. That fact of reducing litigation risks is pushing more health care systems across the country to migrate to a non-paternalistic model.

    LEGAL ANALYSIS

    I. Formation of Doctor-Patient Relationship

    The first question to address is whether, based on this fact pattern, a doctor-patient relationship was formed. When I gave the Internal Medicine resident doctor confidential information on two off-label drugs that I take, that act would be analogous to a prospective client approaching a lawyer with facts about his case to see if the lawyer will assist him. Contacting a lawyer this way does not create an attorney-client relationship. However, the lawyer is under an ethical duty to protect the confidentiality of the information shared by the prospective client. Similarly, the resident doctor was under an ethical duty to keep the information I shared with him confidential.

    When a lawyer responds to a prospective client, “I agree to take your case,” or “I will be your lawyer,” or words to that effect, then an attorney-client relationship is created, and the protection afforded to the client’s information rises to the level of constitutionally protected attorney-client privilege. In this case, when the resident doctor responded that he would be honored to be my PCP, we have offer and acceptance forming a contract. The offer-acceptance could be construed as my offering to be his patient, which he accepted, or his offer to be my PCP, which I accepted.

    But offer and acceptance are only two of the three required elements to form a contract. The third essential element is exchange of consideration, expressed in Latin as the quid pro quo. In this case, there were several separate exchanges of consideration that complete the formation of a contract and thereby render it enforceable in a court of law. Consideration is defined as some act or some transfer of an item from one party to the other, for which the receiving party had no legal right to otherwise obtain that consideration. There is no requirement that the consideration have intrisinc value. For example, the transfer of a scrap piece of paper can constitute valid consideration that renders a contract binding and enforceable.

    The initial disclosure of confidential information from my health history amounts to sufficient consideration. Second, the fact that both I and the doctor each began pursuing scheduling an appointment for me to see him is also consideration: neither of us had a prior legal right entitling us to that action by the other person. Third, when we continued to correspond after offer and acceptance, with additional information being shared back and forth, further consideration was exchanged. My sending the resident doctor a copy of one of my professional presentations was a fourth example of consideration. Finally, my request that my medical records be transferred to the resident doctor’s clinic constituted an obvious legal detriment based on reliance rendering the contract enforceable.

    If a lawsuit were filed for enforcement of this contract, I am confident that the plaintiff would overcome any attempt to dismiss the lawsuit by the teaching hospital’s attorneys based on the absence of a contract. Defendant might attempt to argue that no contract could be formed, because the resident doctor is not licensed. According to the website http://medical-dictionary.thefreedictionary.com/resident+physician, a “resident physician is a graduate and licensed physician receiving training in a specialty, usually in a hospital.” The resident’s licensing status would not prevent the formation of an enforceable contract, as we have in this fact pattern, for treatment in the supervised residents’ clinic.

    In court, we would pose a series of questions: 1) Is the resident a graduate of a medical school? Yes! 2) Was our conversation focused on health care treatment? Yes! 3) Does the resident see other patients (whether supervised or unsupervised) in the resident clinic? Yes! 4) Are the resident’s services billed to the U.S. government and to private insurers as the services of a doctor (not a student or a doctor’s aide)? Yes! 5) Did we both use the term PCP in describing our relationship? Yes. 6) Did the resident undertake to assist me in obtaining a medical appointment to see him? Yes! With these answers, any court of law is going to recognize if it looks like a duck, swims like a duck, and quacks like a duck, then it is a duck. Therefore, the defendant’s argument on licensing will be viewed as a red herring and will fail. In a similar vein, courts have noted “it is axiomatic that a doctor-patient relationship may arise from, briefly exist, and be limited by the unique circumstances presented in a transfer situation.” Sterling v. Johns Hopkins Hosp., 145 Md. App. 161 (Md. Ct. Spec. App. 2002). It does not matter how long the doctor has been seeing patients or how brief the contact with any given patient, a doctor-patient relationship can be formed.

    Selection of a PCP and other medical decisions are “core” private decisions. A fundamental tenet of privacy jurisprudence, as it has been applied to other types of personal matters, is that the individual most directly concerned is entitled to make and implement the protected decision autonomously and free from paternalistic government intrusion. See, e.g., Zablocki v. Redhail, 434 U.S. 374, 54 L. Ed. 2d 618, 98 S. Ct. 673 (1978) (decision to marry); Moore v. East Cleveland, 431 U.S. 494, 52 L. Ed. 2d 531, 97 S. Ct. 1932 (1977) (decision to live with extended family members); Griswold v. Connecticut, 381 U.S. 479, 14 L. Ed. 2d 510, 85 S. Ct. 1678 (1965)(reproductive choice). I would argue that the constitutional right to privacy also protects autonomy in selecting a PCP among a wide choice of available doctors, selecting which medications I want prescribed, and choosing what lab tests I want to order myself to monitor my health.

    In 2005, the Supreme Court of Arkansas provided the best statement in American jurisprudence on the elevated status of the doctor-patient relationship. The court noted the relationship of doctor-patient is unique. “The loss of this relationship, even temporarily, causes irreparable damage to the doctor and the patient. There is no adequate remedy at law because the loss is a loss of a one-time opportunity.” Baptist Health v. Murphy, 362 Ark. 506 (Ark. 2005)

    The court noted that the hospital had violated the Arkansas Department of Health rules and regulations for hospitals by failing to enforce policies that protected the doctor’s selection of patients and the patient’s choice of a physician. “We interpret this to mean that an otherwise qualified doctor must be granted access to his patient for the purpose of treating his patient, if that is what both the doctor and the patient want. Or, stated another way, a hospital cannot deny the services of a physician of the patient’s choice if the patient is already being seen by physicians at the hospital. Baptist Health v. Murphy, 362 Ark. 510-511 (Ark. 2005)

    Based on reading Baptist Health, I will now forward a copy of this article to the state Department of Health to determine whether the teaching hospital violated any of my state’s regulations requiring Tennessee-licensed medical centers to have policies or bylaws that respect the patient’s right to select his own physician. If so, then the teaching hospital is violating those regulations.

    II. Tennessee’s Tortious Interference Statute

    Tenn. Code Ann. § 47-50-109 is captioned, “Procurement of breach of contracts unlawful – Damages.” The administrator tortiously interfered in my doctor-patient relationship and prevented the resident doctor from performing his services under our contract. She therefore procured a breach of that contract. The administrator will argue that she was merely performing her duties, but that is no excuse for interfering in an existing doctor-patient relationship.

    Although Tennessee jurisprudence does not have a case on point, courts across the country have taken a dim view and expressed disapproval of employer interference in the doctor-patient relationship. For example, the U.S. Supreme Court stated, “The ethical objection has been that intervention by employer… makes a tripartite matter of the doctor-patient relation. Since the contract doctor owes his employment and looks for his pay to the employer… rather than to the patient, he serves two masters with conflicting interests.” United States v. Oregon State Medical Soc., 343 U.S. 326, 329 (U.S. 1952).

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    Source by Michael Guth

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  • Relationship Anxiety – Why Doesn’t My Boyfriend Want to Marry Me?

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    Relationships aren’t always viewed as investments, but in many ways that’s exactly what they are. This is especially the case for a woman who is dating a man who is somewhat resistant to the idea of marriage. If you’re that woman, you know that you’ve invested a great deal of time and emotional energy into the connection. It’s understandable that you’d want and expect a diamond ring and a romantic wedding at some point, but what do you do if that end goal is nowhere in sight? If your boyfriend has made it clear to you that he’s not interested in marriage, you’re left flabbergasted. Before you throw in the towel and walk away from everything you two have built, you need some answers. Understanding why he isn’t feeling drawn towards marriage can help you overcome the problem and get things moving in a more positive relationship direction.

    Think About His Reasons for Not Wanting to Marry

    Obviously, by this point you and your boyfriend have discussed the issue of marriage and how you both feel about it. In all likelihood you’ve pushed your boyfriend to share with you where his reservations are coming from. Each man is unique which means that his reasoning for not wanting to take the plunge is going to be specific to him. Generally there are several common threads that seem to run through relationships in which the man isn’t in any rush to get married.

    One of the most common reasons why men refuse to make such a strong commitment is they sense that they’ll lose their own identity when they become a “husband.” Instead of being a self sufficient, single guy they suddenly become one half of a couple who are joined together forever. To most women this sounds like a dream come true but for a man who doesn’t feel emotionally mature, this can be a very frightening proposition. Not only does he see his own identity being pulled away but he senses that his role, from the wedding day forward, is simply to please his wife.

    Other men won’t get down on bended knee to make that all-important proposal because the financial aspect of it weighs heavily on their mind. Men want to be viewed as providers and if your man doesn’t have the means to support himself, let alone you and any potential children in the future, he isn’t going to want to take any steps towards commitment. He also likely won’t reveal his true motivations for not getting engaged. He doesn’t want you to think poorly of him. To a man the most important thing is that the woman he loves sees him as a hero in every sense.

    Devote Your Energy to Helping Him Overcome His Resistance

    There’s something to be said for not pushing a man to commit, but there are obvious exceptions every woman should be aware of. If you believe your boyfriend would love to be married, but he does have some lingering reservations that you’ve been able to identify, you can then start work on helping him move past those.

    It’s not advisable for you to sit down with a man who you believe is struggling with finances so you two can have an honest discussion about how he can’t afford a wedding, let alone an engagement ring. It is helpful if you share with him how you see marriage as an equal partnership and how important it is to you to contribute equally, always. If your boyfriend feels that some of the financial burden has been taken off his shoulders, in a very subtle way by you, that may steer him closer towards a proposal.

    You can also persuade your man to see the gains he’ll make in being married to you, as opposed to the losses he may believe he’ll suffer. If your guy is surrounded by single male friends, this may prove a bit more challenging, but don’t ever view it as impossible.

    Simply start mentioning how important you believe it is that couples always have their own interests. You could even bring up the example of a married friend of yours. Talk about how you think it’s great that her and her husband still have their own independent friends and that they each spend time apart from one another visiting with those friends.

    If your boyfriend senses that your attitude after you marry is going to be that of a woman who doesn’t want her husband spending all his time with her, he’ll be more inclined to see marriage in a much more positive light.

    Be Realistic About the Future of Your Relationship

    Even if you’ve determined why you believe your boyfriend is being hesitant about committing, and you’ve been working at getting him to move past his reservations, there is still a chance that he’ll refuse to marry you.

    If this is the case, it’s important that you look within yourself to decide if waiting endlessly is the right thing for you. Some people just don’t see marriage as something they want in their lives. If this depth of connection is important to you and your boyfriend has continued to resist, even after you’ve helped him understand the benefits of it, it may be time to rethink your future.

    You, and only you, can decide if marriage is a deal breaker within your relationship. If it’s vitally important to you that you two marry, share that with him and leave the ball in his court. If he continues to ignore your needs, you really have to consider whether a partner like that is truly the best choice after all.

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    Source by Gillian Reynolds

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  • The Success Avoidance Syndrom

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    Life is full of ironies and paradoxes. One of the most amazing of these is the human tendency to cry for and cling to those things that hurt them. As one notable poet put it, “people run for their chains.” Is it not amazing that people generally dislike prisons, and yet it is a known fact that many former prisoners would rather be in prison than out of it? How many people out there are clinging to and crying for relationships, and yet they fully know that those same relationships are dysfunctional and leading nowhere?

    How many companies, individuals and nations are tenaciously holding onto solutions that have passed their sale by date? How many people desire to lose weight and to be in good health, and yet daily crave for and indulge in those behaviors that negate this aim? My proposition is that there are many. Perhaps the most debilitating human condition is the success avoidance syndrome. Put simply, people have this tendency to want and wish for success, and yet simultaneously unwittingly avoid the things that make for success. They desire success but hasten their feet towards failure. Below is a synopsis of the traits of the success avoiding individual.

    o Risk Avoidance.

    Many people want to succeed in life but they are averse to risk. However, the very nature of success is that the greater the risk involved the greater the rewards. Every opportunity carries within it a certain amount of risk. To try is to risk failing; to propose is to risk being turned down; to love is to risk heartbreak; to advance is to risk repulsion and resistance; to lead is to risk criticism and being cartooned; to express yourself is to risk appearing a fool; to seek profits is to risk making losses; to put your views to the public (like I am doing now) is to risk being ridiculed; to trust people is to risk being disappointed; to be yourself is to risk being rejected; to be a copycat is to court frustration; to write an exam is to risk failure and disappointment; to communicate is to risk being misunderstood, to buy something is to risk dissatisfaction and dissonance; to get an insurance policy is to risk paying for a service that may never become necessary.

    It is true that risk is often uncomfortable. However, the alternative which is failure, frustration and underachievement is even worse. Not only is the alternative very discomfiting, but it is also painful. Any risk minimization strategy is therefore actually a success reduction mechanism. A faint heart never wins a fair lady, and there is no crown for the coward. It is that simple. The winners know that the greatest risk in life is to risk nothing. After all to be alive is to risk dying some day and we will all die, so what is the big deal?

    Before we leave the subject of risk it is important to underline that there is a big difference between taking risks and taking gambles. To gamble is to put oneself at the mercy of fate and chance. With gambling one has no influence over the outcome at all and a good example is lottery. However, when one takes risk one does not become a prisoner of fate but remains a participator in a process in which the success is not guaranteed, but the chances thereof can be influenced by one’s own decisions and actions. There is no self determination with gambling, but the risk taker retains some control.

    o Failure Avoidance

    The person obsessed with avoiding failure learns to do nothing. It is only that person that never does anything, that never makes mistakes. In truth there is no effort without shortcomings. However, action is a progenitor of success and it follows logically that the person who never engages in meaningful and serious action by this very act of omission avoids success. Activity, of course is not to be confused with progress, but there can never be progress without activity. Failure avoidance is success avoidance. Period.

    Failure avoidance is a learnt habit. Research indicates that families, companies and environments replete with criticism, cynicism, pessimism, threats of punishment and motivation by fear are a good breeding ground for failure avoiders. To the contrary affirmation, recognition, acknowledgement, praise, reward and encouragement constitute the diet of the success pursuers. Creativity and innovation cannot co-habit with fear of failure and punishment.

    The failure avoiders are regulated by their fear of failure, but the winners are inspired by their dreams. In most cases the failure avoiders keep fresh the memories of their past failures, catastrophes, fiascos and heartbreaks. Their minds are filled with imaginations of pain and failure and negative outcomes. They always fear and expect the worst. They think in terms of and look for limits, but the winner thinks in terms of and looks for opportunities.

    The loser is therefore always running away from limits, while the winner is running towards opportunity. The winner recognizes that limits and opportunities are one and the same thing. The difference lies in the eye of the beholder and how he chooses to interpret what he sees. The failure avoider sees the challenges as stumbling blocks to be avoided but the winner sees them as stepping stones to be embraced and utilized. In truth every challenge brings with it an opportunity to grow, but it is easy to miss this opportunity if one sees it as a burden, problem or disappointment.

    What have you been avoiding all your life and of late? What have you been hesitating to do? Is it a conversation, telephone call or important decision? Whatever it is, take time to reflect on whether your avoidance does not constitute success avoidance. To be continued, expect some more.

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    Source by George Chingarande

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  • What Is Drug Court in District of Columbia Superior Court?

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    There are drug courts throughout the Country. Generally, they are special courts designed to treat people who have an addiction cases and are in the criminal justice system. There are currently more than 2,450 Drug Courts operating throughout the United States with all 50 states having a program. District of Columbia Superior Court Drug Intervention Program (SCDIP) has been in operation for over 20 years. SCDIP is a voluntary program.

    Criminal defense attorneys who make a blanket statement "I don't have clients do drug court" are doing a disservice to their clients especially if the reason they are in criminal justice system is for addiction. Good criminal defense attorneys will explore all options including participating in this program.

    Over the course of the last year, SCDIP has gone through some major changes. SCDIP requires a minimum participation of 5 months. This article gives a brief overview of how the typical defendant enters District of Columbia Superior Court Intervention Program.

    The client comes into the criminal justice system either charged with a misdemeanor or a felony case in DC. Superior Court. It should be noted that SCDIP is only applicable to charges prosecuted by the United States Attorneys Office for the District of Columbia. The Attorney General for the District of Columbia criminal prosecution division does not participate in SCDIP; and therefore, serious traffic charges are not eligible.

    Misdemeanor cases Intake

    The defendant reports for arraignment (initial charge). Thereafter, the case is set for status. The Court at arraignment may impose an evaluation and if positive program placement. If the positive test pretrial may order an addiction severity index (ASI). ASI is an evaluation where a drug counselor expert advises what treatment is required of the defendant.

    At the status hearing, pretrial services may recommend drug court as an option. If pretrial services recommends drug court, the government will be given 2 to 3 weeks to screen whether they will allow participation in drug court. The case will be set for an additional status hearing.

    At the final status hearing, if pretrial services and us attorneys and the defendant agree the case will be certified to the drug court calendar on a Tuesday or Thursday.

    Upon successful completion of a misdemeanor case in drug court, the case will be dismissed.

    Felony cases Intake

    The defendant is presented on a felony complaint. The case is set for preliminary hearing. The court at presentment may impose an evaluation and if positive program placement. If the defendant test positive test for drugs, pretrial may order an addiction severity index (ASI). An ASI is an evaluation where a drug counselor expert advises the Court what treatment is recommended.

    If pretrial services recommends participation in drug court and the defendant ais willing, he may proceed without US attorney's recommendation. Unlike the misdemeanor the defendant may have 2 separate court dates, one before the felony judge and one before the drug court judge. In fact, the defendant can request a trial or plead guilty and still participate in drug court.

    If the United States Attorney's office approves for participation the defendant, the US Attorney's office may grant an Amended Sentencing Agreements (ASAs). If the defendant successfully completes the ASA, the government will agree to permit the defendant to amend his / her plea at the final sentencing date and plead to a lesser included misdemeanor charges instead of the felony.

    If the US attorney's office did not approve participation, upon successful completion of a felony case in drug court, the court may grant a term of probation but it is not guaranteed.

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    Source by Mark Rollins

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