Articles by Isabella Caracta

US Law

Who Should Have The Final Say In A Child’s Healthcare: Family or Physicians?

November 6, 2018 Isabella Caracta 0

Summary: There is often controversy over who knows best for a child needing medical attention. It is important to review current law and ethical practices and understand their implications on minor patient care. Decision making in healthcare often diverges when it comes to adults and children. When dealing with children, there is usually a “three-way relationship among the minor patient, the patient’s parents (or guardian), and the physician.” Although minors are considered to not have the capacity to make healthcare decisions on their own, the American Medical Association (AMA), encourages physicians to “engage minor patients in making decisions about their own care to the greatest extent possible.” When this aforementioned “extent” is reached, and concrete medical decisions must be made, it is required under the law to obtain consent from a parent or guardian. Legally, minors need parental consent for non-emergent care. Outlined in the Emergency Medical Treatment and Active […]

US Law

California Bail Reform Leaves Both Sides Unhappy

October 21, 2018 Isabella Caracta 0

Summary: California’s new bail reform bill, Senate Bill 10, goes into effect October 2019, but activist groups pull support for SB10. It is a little-known fact that the American constitution fails to guarantee its citizens the right to bail; however, the Eighth Amendment prohibits excessive bail charges. The Bail Reform Act of 1966 affords people charged with non-capital offenses a statutory right to be released, pending trial, based on personal recognizance or personal bond. This act provided people with a statutory right where a constitutional right is lacking. Contrarily, bail systems vary from state to state and can be highly discriminatory against certain racial and socioeconomic groups (particularly African American and Latino minorities). Judges are afforded great discretion as to when a defendant is detained, whether or not bail will be set, and the price of bail. Because inherent prejudices can arise from the current bail systems, there has been […]