Notes and queries

[raven]

Firstly: I am taking medical leave for the rest of the academic year. This is less extravagantly melodramatic than it sounds - the rest of the academic year is, after all, about a month, followed by exams and research-project submission. I could try and stick it out, I suppose, but, in the end it comes to the question of whether I should use my limited energy to be a functional depressed person who, you know, eats, and washes her clothes, and whatnot, or use it for... um... law school. Given that I still have about 5000 words to research and write on special measures directions, plus the end of the equity and public law syllabuses, and revision for the last three exams, Not Dealing is my preferred strategy right now.

(edited to add: okaaaay, there is a case at the Old Bailey today that is going to necessitate re-writes of my baby-dissertation. Why do I insist on being interested in current affairs?

Note: it is a very horrible case, about abuse of a child. Don't click, if you'd rather not.)

So through some bureaucratic jiggery-pokery, I am going to be a sort-of law student at Liverpool for a bit, and I was very impressed by the efficiency and kindness with which Brookes have achieved this. forthwritten has already promised me company and good things, and my parents were remarkably unfazed by this whole revelation. (My father noted that when he was my age, he had a similar revelation whilst reading for his MD exams. "Of course, in my case I was only six miles from home and I came on the Vespa. But it's the same principle without the Vespa.")

I'm pleased, or at least, as pleased as you can be about these things. I'll miss shimgray, but other than that, I think, this is a good plan for the time being.

In other news. Justice Souter is stepping down from the Supreme Court... two days after the Democrats have a filibuster-proof majority. Souter has generally tended to baffle me, but he seems to be a liberal now, sort of. The make-up of the court may not change all that much, but I'm actually hopeful about the potential nominees for once. One hundred days, and the novelty hasn't worn off. I hope it doesn't.

Amd so this post is not all a) law and b) my broken brain, I say my obligatory Dreamwidth bit. foreverdirt bought me paid time over there! I am still not sure what I am going to do with the account, but we shall see. My username, by the way, has changed (due to aforementioned crazy, please don't ask) - I'm now raven, and if you should wish to give me a poke over there, please please do.

Comments

[flickgc.livejournal.com]

I am taking medical leave for the rest of the academic year.

I'm not going to sy this is a bad thing.

Annoyingly, I am too pissed off about something else to say anything else.

But srylsy, I do think it's sensible.

[loneraven.livejournal.com]

*sighs* Yeah. I am not often described as "sensible". We shall see.

[brewsternorth.livejournal.com]

Sounds like a needful thing. Besides, your own decision to make.

(and yeah, tell me about current affairs getting in the way of things.)

*waves* Added you!

[loneraven.livejournal.com]

Yeeeeah. I hope it'll be a smart thing to do. Only thing to do is try it, I guess.

(*waves back* Hiiii!)

[soupytwist.livejournal.com]

That definitely sounds like a good plan for you. *hug* I hope it works out with the best of all possible outcomes.

(I am desperately nosy and totally want to know how the case relates to what you're writing about, but totally understand if you don't want to explain/think about it!)

[loneraven.livejournal.com]

Thanks, dear. Hugs are very much appreciated at the moment.

And, no, no, I love talking about it, stop me when I get boring.

My research topic is, briefly, what are known as special measures directions - those things that a court can do do to make life easier for vulnerable and intimidated witnesses - and their potential conflict with Article 6 of the European Convention on Human Rights ("Everyone is entitled to a fair and public hearing...", etc.).

The standard SMDs come from the Youth Justice and Criminal Evidence Act 1999 and are simple things: testifying behind a screen, over a live link, pre-recorded video interviews, barristers and judges taking their wigs and gowns off (I love this!) and the use of intermediaries and communications aids. But section 28 of the Act, which provides for pre-recorded cross-examination of the witness, has never been commenced - and the Home Office says it never will be, as it's potentially in contravention of Article 6 and it hasn't worked in limited trials.

But the little girl in the above case seems to have been cross-examined over video link whilst having given video-recorded evidence in chief - which is interesting, because I was under the impression that video-recorded evidence had to be cross-examined in open court or else not admitted. Which seems counter-intuitive, so maybe I did misread the impact of the legislation, but now I need to find out if the above case actually represents a departure from the status quo or whether someone somewhere has seen sense over the issue of cross-examining witnesses over the live link. And the number of four-year-olds testifying at the Old Bailey is understandably low, so I think this may be the only case I get to look at.

[soupytwist.livejournal.com]

*immediately proffers more hugs*

Ooh, fascinating. I thought that seemed counter-intuitive as well - wouldn't pre-recorded video testimony basically be the visually-aided equivalent of someone's written report being read out on their behalf? Am I wrong that written testimony gets read out in court on a regular basis, or is there some distinction that would allow one but not the other? I'd have thought they'd be about equally potentially problematic re. Article 6 if you're going with the 'it could be practiced/rehearsed/doctored' issue...?

[loneraven.livejournal.com]

The problem, you see, is the problem of hearsay - which is classically defined as "statements not made in oral evidence in criminal proceedings". There's a presumption of orality, so written testimony must be cross-examined orally if it is to be admitted. The issue isn't that it might be doctored - though it might be - but the principle of cross-examination, so no one is convicted by hearsay. But cross-examining a four-year-old orally is just horrible - there were some cases in Scotland in the nineties where small children were horribly scarred by the experience - so I can understand why pre-recording cross-examination would be good, it's just a point of how they square this with the ECHR.

[coriolis]

I have added you on DW, and I'm Coriolis over there. Just so's you know it's not a random creeper *l*

[loneraven.livejournal.com]

Hihi! :)

[sophiahagia.livejournal.com]

Welcome to the medical leave club. It's good times. Also *hugshugshugs* Much love.

[loneraven.livejournal.com]

Heh. Dude. *snuggles* I think we need a support group. With mimosas.

[sophiahagia.livejournal.com]

Yes. I fully would, uh, support the idea of a support group if alcohol was involved.;)

[gamesiplay.livejournal.com]

I'm moving back to my parents' house in June: can I be, like, an honorary member somehow?

(It is possible I just want membership for the mimosa privileges. I MEAN WHAT.)

[kuteki.livejournal.com]

I am sure that you have made a wise decision, health > other stuff, and less stress is very much a good thing. *hugs and good thoughts*

[loneraven.livejournal.com]

Thank you, my dear. The more I think about it, the better I feel. Which can't be bad, one supposes. :)

[subservient-son.livejournal.com]

Nothing's more importnat than your sanity. You've been doing a lot of exams recently, so I'm sure an extended break is a very good idea. *hugs*

[loneraven.livejournal.com]

Thank you for hugs! Sanity is a good thing!

[tau_sigma]

I am sorry to hear that, just because it means, you know, you're ill and need this time, and that's sad. You should be happy, Iona; you make a lot of other people happy. *hugs*

But good, that you are taking this time out, and that you have found this way of approaching it, and I hope it does some good. How will your sort-of studying in Liverpool work, but also, does this mean you will no longer be around in Oxford to visit? You are still very much welcome to visit me; I finish exams on the 25th May I believe, and I would love to see you. *g* On that note, perhaps I could phone you sometime soon?

[loneraven.livejournal.com]

This is how I feel about it, I think - it is bad, but it is as good as bad can be. Mental contortionism I can has it, but. Yes. *nods*

My self-studying should work fairly well, I think - I have the rest of the syllabus all laid out in framework form, complete with lecture notes. So it's a matter of reading it, and going through cases, and doing the questions, and if I have issues, emailing my very nice equity and public law tutors to extortionate length. And once I've done that, I'll research my remaining 5000 words on special measures directions, and once I'e done that, I'll write them. And then, I'll revise for my exams, and come back the week before them to take them on site. It's a matter of just doing each thing, step by step, I think. I have - *deep breath* - full-time taught postgraduate privileges at Liverpool, so I have all the material I need.

So no, I will not be in Oxford very much until September. But you are very welcome to visit me in Liverpool again, or I could certainly come to you, after your exams! In June, after mine, perhaps? We could talk about it over the telephonic device! Today I have to help Shim and Maria with a duck - long story - and am out, but tomorrow I am in all day, please do call.

[tau_sigma]

A duck? I shall make sure to ask you about that, when I phone.

I had forgotten that postgrad courses actually use the whole year, rather than merrily slacking off from July until October. That makes things less confusing.

We shall speak on the telephonic device, yes. I can make no promises as to what time, but tomorrow, yes.

[apestaartje.livejournal.com]

::hugs:: I added you at DW. I'm sarahharas there.

[loneraven.livejournal.com]

Found you. :)

[rosariotijeras.livejournal.com]

This is quite late to be asking now, but if you weren't doing law school, then what degree/program were you at Oxford for?

Also, yeah, Souter. I never got him either. I truly hope and mostly believe that Obama will pick someone who is not the traditional appeals court stooge, and almost certainly a woman.

[loneraven.livejournal.com]

I have a BA in Philosophy, Politics and Economics (http://www.ox.ac.uk/admissions/undergraduate_courses/courses/philosophy_politics_and_economics/philosophy_politic_4.html) from Oxford. If I make it to the end of this year, I'll have what is known as the GDL - a graduate diploma in law, the first half of a qualifying postgraduate law degree. If I make it through the year after this one, which is a kind of professional, tying-up-loose-ends year, I'll be qualified to practice in England and Wales.

There are a lot of women's names being suggested as potential nominees... I think I'm inclined to be optimistic. Fingers crossed. Yeah.

[rosariotijeras.livejournal.com]

Ah. It was the GDL I was in the dark about. I hope the leave does you well; taking a break is one of the best things in life ever, regardless of depression or brain monkeys and so on.

[gamesiplay.livejournal.com]

*HUGS FOREVER*

I'm not glad to hear this in the sense that, in an ideal world, you wouldn't be having a tough enough time to need a respite, but-- I am glad that, given the situation, you're doing it. Does that make sense? It's really, really hard to recognize that although you can physically/intellectually do something (law school in this instance), that doesn't mean you should burn yourself out emotionally doing it. I have endless admiration for you, that you've been able to negotiate that tricky headspace and do the right thing for yourself.

Does this mean you'll be finding a place of your own in Liverpool, or staying at home for a bit, or...?

*loves*

[loneraven.livejournal.com]

*smiles* Thanks, honey. What I really want right now is for someone to tell me I'm doing the right thing and not just engaging in ostrich-head-in-sand fail, or something. :)

I'll live with my parents, oh yes. :) What I need, definitely, is to have someone around to keep an eye on me - and home will be good for that, I think. Love you, too.

[the-acrobat.livejournal.com]

*snuggles*

[loneraven.livejournal.com]

*squish*

[jacinthsong.livejournal.com]

My girlie. *cuddles* I think maybe I will push forward a visit to Liverpool?

[loneraven.livejournal.com]

Wifey. <3

[hathy-col.livejournal.com]

This seems... the best decision? Um. It's hard to phrase it, really, a sort of 'sorry you aren't in the best place' mixed in with 'at least you're taking some time out'. Er. I am rubbish at phrasing this. Basically, *hugs*

[loneraven.livejournal.com]

Hugs are good. *nods* No, I do know what you mean, and it is a silly thing to express. *hugs you too*

[flashofalchemy.livejournal.com]

Taking a break definitely sounds like A Good Thing. Plus as you said, not long till the academic year's over anyway! xxx

[loneraven.livejournal.com]

This is trufax. :)

[pinkdormouse.livejournal.com]

Medical Leave sounds like a very good idea. Hoping very much that it works for you.

[loneraven.livejournal.com]

Thank you, dear. :)

[sunlightdances.livejournal.com]

*squishes* I hope this goes well and you get to rest and such.

[biascut.livejournal.com]

Lots of luck! And congratulations on making the decision - knowing when to take care of yourself by stepping back is really, really good. I hope Liverpool is a good and safe resting place and that the time you need it for is short.