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Motivation and emotion/Book/2010/Emotional development in children

Overview
Practically every facet of human life involves emotion, whether it is meeting friends for lunch, experiencing your first day of school, or getting married. As human beings, we are inherently interested in others’ emotions and constantly express our own. The ability to express, recognise and understand emotion enables us to behave in a socially competent and accepted way (White, Hayes & Livesey, 2005). If an individual did not have such skills, they would experience significant difficulty interacting with other individuals in all walks of life.

Emotion is evident very early in human life, with infants expressing distress through crying within their first few seconds of entering the world (Oatley, Keltner & Jenkins, 2006). Within just a few months, infants express joy through smiling and laughing (Kalat & Shiota, 2007). From here on, the development of emotion in children is rapid and significant.

This chapter will identify the framework of emotional development in children starting from the very first days of life. To begin, two theoretical perspectives pertaining to emotional development will be discussed. The emotions which exist in early infancy will be examined, leading to the aspects of social interaction and its influences upon emotional development. The understanding and recognition of emotions, a fundamental aspect of social interaction will then be evaluated. Further, the formation of emotional bonds and its importance to emotional development will be discussed. This chapter will also shed light on emotional development within children who experience autism spectrum disorders in contrast to normally developing children.

 * Focus questions

After studying this chapter, you should be able to answer the following questions:

 * What is emotional development?
 * What are the underlying theories of emotional development?
 * What emotions do newborn infants experience?
 * How does social interaction with others influence the development of emotion in children?
 * When and how do children begin to understand emotion in others?
 * How do infants develop emotional bonds with significant others?
 * What is autism?
 * How does the development of emotion differ between children with autism and typically developing children?

Definition of emotional development
To understand the numerous aspects of emotional development in children, it would be ideal to first gain an understanding of what emotional development itself. Emotional development is essentially the way emotions change or remain constant across the human lifespan (White, Hayes & Livesey, 2005).

Theoretical approaches to emotional development
The development of emotion has been investigated from numerous perspectives. Two theoretical frameworks will be presented in this chapter; biological and evolutionary and psychoanalytic perspective.

Differential emotions theory
One theory of emotional development which holds significant biological and evolutionary ties is differential emotions theory which is also referred to as discrete emotions theory. Differential emotions theory traces back to Charles Darwin, and his proposal that basic human emotions are the products of evolutionary history which serve us in an adaptive way (Shaffer, 2005). For example, disgust displayed in infants when they taste something bitter is considered an inbuilt reaction that protects them from poisoned food by causing them to spit out the subnstance (Shaffer, 2005). Additionally, the distress expressed early in infancy alerts caregivers when they are hungry or tired, hence promoting their well-being (Shaffer, 2005). Essentially, differential emotions theory stresses the innate, biological structure and universality of a core set of emotions in human beings (Mangelsdorf & Wong, 2009). Differential emotions theory proposed that infants attain a limited and particular set of emotions during the first few months of life, which are organised into a system of independent functioning (Ackerman, Abe & Izard, 1998). Additionally, emotions are considered to emerge during early development in a pre-adapted and conventional manner (Ackerman, Abe & Izard, 1998). Moreover, differential emotions theory proposes that the biologically programmed emotions are accompanied by discrete bodily and facial processed, evident early in infancy (Schaffer, 2005). For example, interest in infants encompasses raised brows, rounded mouth and pursed lips (Shaffer, 2005). In addition to interest, there are nine other discrete emotions including; joy, surprise, fear, anger, disgust, distress, contempt, shame and guilt (Reeve, 2009).

Psychoanalytic perspective
Unlike most areas of psychology, Sigmund Freud has not been as influential within the field of emotional development. One factor in particular contributes to this. Freud’s theory of emotion is essentially a “one-affect” theory and is primarily a theory of anxiety (Magai & McFadden, 1995).

In contrast, Erik Erickson, who was a follower of Freud’s work, proposed a stage theory of emotional development in humans. Erickson's theory is sometimes referred to as Erikson's stages of psychosocial development. Erickson puts forward that infants face imperative developmental tasks in emotional development in relation to eight successive stages. Each of these eight stages entails the completion of a certain task, with each task depending on the completion of the previous task (Hutchinson, 2003). The three stages relating directly to childhood are summarised below.

Table 1 (Hutchinson, 2003).

Development of emotional experience and expression
What emotions do infants have? With this question in mind, consider the following scenario;

Fifteen month-old Sarah is sitting on the lounge-room floor playing with her jack-in-the-box toy while her mother, Sandra, sits nearby reading her book. Sarah is spinning the handle of her jack-in-the-box. When the clown pops up, she turns toward her mother and laughs with delight. After a number of unsuccessful attempts to put the clown back in to the box, Sarah becomes frustrated. She begins fussing angrily and looks to her mother for help. Sandra comes over and shows Sarah how to close the box. Sarah then begins turning the handle, starting the process again. This time however, her hand gets caught under the lid when closing it. She cries and holds out her hand to her mother, who comes over and comforts her. Not long after this, Sarah loses interest in the jack-in-the-box and begins playing with another toy (Gowen & Nebrig, 2002).

Here, Sarah has experienced and expressed a range of emotions. Joy and happiness were expressed through laughter, frustration when the clown would not fit back in to the box and distress when her finger was injured. In a simple scenario such as this, we can begin to understand the range of emotions experienced by infants throughout day-to-day-life. Emotional expressions are present from birth and form the basis of the communication between parent and child (Kasari & Sigman, 1996). Shortly after birth, facial expressions of infants include interest, disgust, sadness, anger and joy (Kasari & Sigman, 1996). Facial expressions are particularly imperative as they act as expressive signals of inner emotional experience (Kasari & Sigman, 1996). Biological needs such as hunger and pain for instance, are communicated through the expression of physical distress (White, Hayes & Livesey, 2005). Furthermore, social world interactions are signalled through expressions of interest and joy (White, Hayes & Livesey, 2005). Essentially, emotional expression provides a vital role in communication (Kasari & Sigman, 1996). Infants use numerous mechanisms to express emotions. Probably the two most common are crying and smiling.

Crying in infants
Crying or distress is one emotion that is present from birth. Infants cry when they are hungry, tired, and gassy or just generally feeling uncomfortable (Kalat & Shiota, 2007). Crying is a particularly important communication tool that tells a parent that something is wrong (White, Hayes & Livesey, 2005).

Smiling in infants
Infant smiling reflects the up-and-coming emotional competencies in a young child (Messinger, 2009). There are two categories of smiling; the social smile and the reflex smile (White, Hayes & Livesey, 2005). Social smiling in infants begins to emerge, at a caregiver's delight, within the first four to six weeks of life. Social smiling in young infants communicates pleasure at the identification of a familiar face, such as a caregiver, through coordination of oral-facial muscles in to a social signal 's(Slentz & Krogh, 2001). Hence, caregiver's interpret an infant’s social smile as an indication of comfort and pleasure (Slentz & Krogh, 2001). From now on, an infant will use smiling as a tool for initiating social interactions (Slentz & Krogh, 2001). In contrast, the reflex smile appears in response to external stimuli, usually during irregular patters of sleep (White, Hayes & Livesey, 2005).

Anger, sadness and fear in infants
As mentioned above, distress is evident early in infancy due to hunger or pain. However, specific anger and sadness begins to appear over the first six months of life (Shaffer, 2005). Anger is most often displayed in situations where the infant becomes frustrated, such as an inability to wield control over toys (Shaffer, 2005). Sadness, like anger develops over the first six months of life, and is displayed in various situations, such as the inability to produce a positive response from a caregiver (Shaffer, 2005). Fear is one of the last primary emotions to emerge, and generally indicates that an infant considers a person, object or situation a threat (Shaffer, 2005).

Social interaction and emotional development
Numerous aspects of the development of emotion are considered to be innate or general across cultures (Walden & Knieps, 1996). Nevertheless, input from the social environment is considered essential for the development of emotional functioning (Walden & Knieps, 1996). Growing children spend hours of their day observing others’ and their emotional reactions to various situations. As an onlooker to everyday events, an infant may watch a parent smile after tasting food, an older sibling cry as their tower of blocks falls to the ground, or a childcare workers look shocked when a drinking glass falls and breaks on the floor (Mumme & Fernald, 2003). Furthermore, the child may also participate in these events themselves (Mumme & Fernald, 2003). Whether the child is a participant in such events, or simply an onlooker, young children learn how to understand and predict the behaviours and emotions of other people and relate this understanding to regulate their own behaviour (Mumme & Fernald, 2003). One such way a young child learns through observation is through social referencing.

Social referencing
Social referencing is a communication process in which infants dynamically use and seek out observed perceptions and understanding of unclear situations in order to guide their own understanding of such circumstances (Vaish & Striano, 2004). Hence, social referencing entails two aspects of a social information-processing skill; seeking input from other individuals and consequently using (or in some instances, not using) this information to form one’s own behaviour (Walden, 1991). Social referencing is one important way in which infants learn emotional responses (Walden, 1991). For instance, infants have observed to interact less with ambiguous toys and to be less friendly to strangers when a parent displays aversive affect toward them (Walden, 1991).

Imagine the following scenario;

A one year old infant is playing on the floor with his mother when an unfamiliar person enters the room. The mother stands up, smiles and extends her hand, and walks over to the stranger. The infant observes this behaviour, and loses interest, returning to his toys (Walker-Andrews, 1998).

Here, the infant has demonstrated social referencing, thus illustrating his ability to use others’ emotional reactions to regulate his own behaviour (Walker-Andrews, 1998). If the mother has responded differently to the stranger, say with fear or anger in her facial expression, voice or gesture, the infant probably would have reacted with more caution (Walker-Andrews, 1998).

Measuring social referencing
Social referencing is most commonly measured or assessed by presenting a child with unclear stimuli and having a parent or other adult express positive or negative emotional reactions to the stimuli (Walden & Knieps, 1996). A fundamental behavioural aspect of social referencing is information seeking acts such as referential looking or asking questions (Walden, Knieps, 1996). One primary example of social referencing in infants is demonstrated in the visual cliff, in which an infant is placed on a glass surface providing an invisible support over an apparent drop (Vaish & Striano, 2004). The visual cliff serves as the unclear or ambiguous situation. Experiments using the visual cliff carry the general prediction that infant’s behaviour will differ in appropriate ways with various emotional signals conveyed by the caregiver (Mumme, Fernals & Herrera, 1996). Visual cliff experiments have demonstrated the occurrence of social referencing among infants since the early 1980’s. In a well known study (Sorce, Emde, Campos & Klinnert, 1985) found infants to cross the cliff when the adult on the opposite side of the glass displayed interest or joy, while fewer infants crossed when the adult displayed fear or anger. When infants approached the edge of the visual cliff and saw fear expressed by the mother, none of the 17 infants crossed (Sorce et al, 1985). However, when the infants saw happiness expressed by the mother, 14 out of 19 infants crossed the visual cliff (Sorce et al, 1985). Overall, Sorce et al (1985) demonstrated social referencing to have a significant effect upon infant behaviour and the way they learn emotional responses.

Another method used to measure social referencing in infants is an adaption of the “peek-a-boo” game commonly used by caregivers. Walker-Andrews (1998) used the peek-a-boo game to investigate young infants’ perception of other individuals’ emotional expressions. Forty four and a half year old infants were assigned to one of four emotion change groups, including sad, anger, fear and as the control, consistent happy or surprise (Walker-Andrews, 1998).The infants were then shown three standard happy or surprise peek-a-boos followed by a fourth, which depended on the assigned group (Walker-Andrews, 1998). Results found the infants to discriminate facial and vocal expressions of anger, fear and sadness and happy or surprise when offered in a familiar situation (Walker-Andrews, 1998).

Findings from these studies have given insight and generally support the conception that infants can use emotional signals to regulate their own judgements and behaviour.

Interpreting facial expressions
Similar to social referencing is the ability of infants to interpret facial expressions of emotion through imitation. The ability to understand and recognise emotion through facial expression is an imperative aspect of social interaction (Heerey, Keltner & Capps, 2003). Additionally, Facial expressions are a primary indicator for normally developing children to understand the emotions and actions of others (Grossman, Klin, Carter & Volkmar, 2000).

Interestingly, developing children are accustomed to faces almost from birth, showing immense interest in the faces around them (Thornton, 2002). In fact, infants as young as one month old have been found to imitate facial expressions and gestures, such as an adult poking out their tongue (Thornton, 2002). This phenomenon, known as facial mimicry, which occurs frequently in infants and children, is the tendency to imitate facially or vocally with individuals we interact with (Bourgeois & Hess, 2008).

Although it is clearly understood that interpretation of facial expressions is an important aspect of social interaction, it is generally unknown how this influences emotional development (Kalat & Shiota, 2007).

Understanding and recognition of emotions in infants and children
Understanding and recognition of emotions is how an individual construe and encode emotional signals from others (White, Hayes & Livesey, 2005). Generally, infants begin to recognise emotional expressions in others’ by six months of age, and this is commonly demonstrated through social referencing (Walker-Andrews, 1998), which was mentioned earlier in the chapter. However, gaining a full understanding of others' emotional and mental state is a gradual process which doesn't fully development until years later. A fundamental aspect of the ability for a child to understand and recognise others’ emotions is the development of a theory of mind.

Theory of mind
Imagine that the following scenario is described for a child: a girl comes home, places her doll in a cupboard and then leaves the room. Later on, her mother comes in to the room and moves the doll to a different cupboard. When the girl comes back to get her doll, where will she look?

The correct answer to this question will ultimately depend on the child knowing about the beliefs of the girl in the scenario (Moore & Frye, 1991). Put differently, it will depend on the child having a theory or mind. Theory of mind is an understanding or awareness that people have mental states including beliefs, feelings and desires (Thornton, 2002). Having a theory of mind remains an essential ability to having a full and functional adult social interaction (Thornton, 2002). Try to imagine what it would be like having a relationship with another person that had no awareness of such mental states. It would be more like interacting with a mechanical device or robot than a person. What it's like for a person who doesn't have a theory of mind will be discussed further in the chapter.

Measuring theory of mind
When do infants realise that they themselves, and other individuals, have minds? This particular question has been in the past debatable, and has generated a great deal of research and controversy (Thornton, 2002). Numerous experiments have been designed in an attempt to identify the age in which children develop a theory of mind. Such tasks are in general, a “pass or fail” nature (Taylor, 2005). Essentially, to pass them, infants must exhibit their understanding that reality can in fact be misunderstood and hence that the mind is a representational unit which actively constructs mental representations (Taylor, 2005).

The most commonly known and used test for theory of mind in children is the “false belief task” (Doherty, 2009). Among the numerous tasks used to measure false belief in children, two models in particular, known as unexpected transfer tasks, have been used so extensively that they have become known as the standard false belief tasks; the Maxi-chocolate and Sally-Anne test (Krachun, Carpenter, Call & Tomasello, 2010). Generally, false belief tasks are acted out for children with props and dolls (Doherty, 2009). However, other demonstrations use real people, pictures or videos of real people (Doherty, 2009). Nevertheless, the design of the experiment doesn’t seem to affect the basic finding (Doherty, 2009).

The first task, the Maxi-chocolate task, originally developed by Wimmer and Perner, is described to children in the following format;

Maxi is helping his mother to unpack the shopping bag. He puts the chocolate into the GREEN cupboard. Maxi remembers exactly where he put the chocolate so he can come back later and get some. Then he leaves for the playground. In his absence his mother needs some chocolate. She takes the chocolate out of the GREEN cupboard and uses some of it for her cake. Then she puts it back not into the GREEN cupboard but into the BLUE cupboard. She leaves to get some eggs and Maxi returns from the playground, hungry. Test question: Where will Maxi look for the chocolate? (Doherty, 2009).

In general, findings show that children begin to pass this task at approximately 4 or 5 years old (Doherty, 2009). Almost indefinitely, children under the age of 4 will answer that Maxi will look in the blue cupboard (Taylor, 2005). Hence, children predict Maxi’s behaviour and actions upon the basis of their own true beliefs instead of Maxi’s false belief (Taylor, 2005). This is known as a “realist error”; when responses are based upon reality instead of on a substitute mis-representation of reality (Taylor, 2005).

The Sally-Anne test enacts the following situation with either dolls and props or real people: Sally has a basket and Anne has a box. Sally puts a marble into her basket, and then she goes outside to play. While Sally is outside, Anne takes the marble from the basket and puts it into her own box. When Sally comes back inside, she wants to play with her marble. Test question: Where will Sally look for the marble? (Frith, 2001). On the whole, to answer the questions posed in the Maxi-chocolate and Sally-Anne test correctly, a child needs to understand that Maxi and Sally’s mental state, rather than reality, will establish where Maxi and Sally will look (Thornton, 2002).

As above, children under the age of four will usually fail the Sally-Anne test, reporting that Sally will look in the box for the marble, finding it difficult to understand that Sally does not know the marble is now in Anne’s box simply because they now have this knowledge (Goodman & Scott, 1997). Additionally, children over the age of four generally pass the test, reporting that Sally will look in her basket for the marble, predicting that Sally will act on her false belief (Goodman & Scott, 1997).

Understanding and recognising emotion, beliefs and mental states in others’ is a complex process. It is unlikely that at one moment, children have no understanding of mental states and a good understanding the next (Thornton, 2002). Rather, the development of a theory of mind is gradual (Thornton, 2002). Overall, previous studies indicate that children develop a theory of mind by the age of four.

Attachment
Best known through Bowlby’s work throughout the 1970’s and 80’s, attachment theory is not a theory of emotional development as such, however it is centred on the influence of emotion upon the development of social relationships (Strongman, 2003). The creation of a secure attachment with important individuals is considered an imperative component of emotional development during the first year of infancy (Gowen & Nebrig, 2002). Attachment theory proposes that at the earliest opportunity, an infant is disposed to attach to a caregiver (Strongman, 2003). During the first few months of life, an infant who has developed social smiling will reactively smile back at any individual (Kalat & Shiota, 2007). However, at around six to nine months, an infant will becomes more selective, won’t smile at just anybody, and grows to know and trust certain individuals (Kalat & Shiota, 2007).

Essentially, attachment develops in young infants from the basic need for dependency on others for nurturance and protection (Gowen & Nebrig, 2002). Infants generally develop attachment with a select few, most typically those who care for them (Gowen & Nebrig, 2002). The type of attachment an infant forms with one significant person can differ compared to the attachment formed with another (Gowen & Nebrig, 2002).

Measuring attachment
Attachment assessments are considered particularly important, especially in relation to clinical applications, just as they are for intelligence and psychological disorders (McKinsey-Crittenden, Claussen & Kozlowska, 2007). A classic measurement of attachment in infants is known as the Strange situation procedure, developed by Mary Ainsworth.

The Strange Situation is implemented most commonly when the infant is 12 to 18 months old and is not normally used with infants with neurological problems (Gowen & Nebrig, 2007). The procedure usually lasts around twenty minutes and takes place in an unfamiliar environment (McKinsey-Crittenden, Claussen & Kozlowska, 2007). The strange situation involves up to seven episodes, with the episodes least stressful occurring first (Schaffer, 1996). After an introductory episode, the infant and parent are simply observed in the unfamiliar room to determine how far the infant will move from the parent to explore its surroundings and play with toys (Salter-Ainsworth & Wall, 1978). With the parent still present, a stranger enters the room (Kalat & Shiota, 2007). Once the stranger has moved closer to the infant, the parent will leave the room, return after a few minutes and the stranger will then leave (Salter-Ainsworth & Wall, 1978). The mother will then interest the infant in the toys again, before leaving the infant in the room by itself (Salter-Ainsworth & Wall, 1978). Finally, the stranger enters the room again for some time before the parent returns (Salter-Ainsworth & Wall, 1978).

Of course, the experiment is stopped if the infant becomes too distressed, but the scenarios are intended to be mildly to moderately stressful for the infant in order to assess how the infant uses the parent to deal with such stress (Gowen & Nebrig, 2007). The infant’s attachment to the parent is then examined by looking at the infant’s behaviour during the experiment, such as how quickly the infant is comforted by the parent (Gowen & Nebrig, 2007).

From here, infants are coded based upon their behaviour and are classified as having one of three types of attachment.

Shaffer (1996).
 * 1) Securely attached; Infant displayed reasonable amount of closeness seeking to parent. Infant is upset by parent’s departure, however greets them positively when they return.
 * 2) Insecurely attached: avoidant; Infant avoids parent, particularly when parent returns after leaving. Infant is not significantly upset when left alone with the stranger
 * 3) Insecurely attached: resistant; Infant is greatly upset when parent leaves the room. When parent re-enters the room, the infant is difficult to comfort.

Overall, the development of attachment is varied among infants. It does however identify the aspects of the social bonds that infants develop with their caregivers.

Autism and Aspergers Disorder
Despite widespread research and literature that suggests a natural developmental process among infants and children, children with atypical development experience a significant struggle with emotional expression and understanding.

Emotional expression provides a vital role in human communication. Aspects such as facial expression communicate emotional states, hence influencing others’ to respond (Kasari & Sigman, 1996). Furthermore, the ability to understand the emotions and mind of others is considered imperative to social communication (Kuusikko et al, 2009). Thus, a disturbance to such emotional signalling could have detrimental effects upon social interactions (Kasari & Sigman, 1996). One such disturbance in children includes autism.

Autism is one of many related disorders, together known as autism spectrum disorders (ASD). The American Psychiatric Association (2000) defines autism as a complex developmental disorder characterised by three primary symptoms: In relation to social impairment, autistic children are generally uninterested in the characteristics of others and don’t tend to respond when other children attempts to initiate contact to gain their attention (Siegal, 2007). Additionally, autistic children engage in solitary activities and generally pay attention to objects instead of people (Siegal, 2007).
 * 1) Impaired development in social interaction
 * 2) Impaired development in communication, and
 * 3) Restricted repetitive stereotyped patterns of behaviour, interests and activities

The characteristics of autism have been discussed for decades. Kanner (1943) examined eleven children suspected of having autism. One of these children, Elaine, aged seven, was brought to Kanner by her parents as she had been experiencing troubles adjusting. Elaine didn’t understand other children’s games, didn’t show interest in stories read to her, often wandered off by herself, was particularly interested in animals of all kinds and often mimicked them (Kanner, 1943). This account captures all three of the primary symptoms of autism described above.

Autism varies in degree of severity and can come about at all levels of ability, therefore is it now accepted that there is a “spectrum” of autistic disorders (Frith, 2001). At one end of the spectrum is Asperger’s Disorder, which is considered a milder form of autism (Frith, 2001). In contrast to autism, Asperger's disorder is characterised only by a significant impairment in social interaction and the development of restricted repetitive stereotyped patters of behaviour, interests and activities (American Psychiatric Association, 2000). Compared to autism, there are no significant delays in language acquisition in Asperger's disorder (American Psychiatric Association, 2000).

Such a definition suggests that individuals with autism spectrum disorders are “cut off” from the world around them (Taylor, 2005). Indeed, the severe impairment in social interaction makes it significantly difficult for children with autism to interact socially with other individuals.

Emotional expression in children with autism spectrum disorders
As previously mentioned, the emotional expressions present in a young infant, such as smiling and crying, are the basis for communication between caregiver and child (Kasari & Sigman, 1996). One key indicator of ASD in infants is the absence of facial expressions such as joy (American Psychiatric Association, 2000). Absences of facial expressions in autistic children have been documented for a number of years. Kanner (1943) For instance, found children with autism to display vacant expressions with no communicative signals whatsoever. Hobson & Lee (1998) found fewer autistic children, compared to non autistic children to smile or wave goodbye when interacting with others. Without the ability to express emotion, it is easy to see the difficultly for children with ASD to communicate with others, and vice versa.

Understanding and recognition of emotions in children with autism spectrum disorders
As mentioned earlier in the chapter, having a theory of mind is a vital component of emotional development. It is a general suggestion that children with autism do not develop a theory of mind until well after the age of four years (Siegal, 2007). This deficit is said to account for the non-social nature of autism (Siegal, 2007). The basis for theory of mind in children with ASD is that they do not grasp how the behaviour of others can be guided by a false belief (Siegal, 2007) such as those shown in the Maxi-chocolate and Sally-Anne tasks described earlier in the chapter. Unlike typically developing children, theory of mind abilities in children with ASD seem to be resistant and do not improve until much later in life (Siegal, 2007). In contrast, individuals with Asperger’s disorder have been found to pass theory of mind measurements which test false belief (Bowler, 1992).

In addition to theory of mind, interpreting facial expressions has been discussed earlier in the chapter as a vital component of social interaction and emotional communication in children. Essentially, being able to “read” facial expression in others’ can tell us a lot, providing context and meaning to the words we hear (Thornton, 2002). Recent studies have suggested that children with autism have a significant impairment in face and facial expression recognition (Joseph & Tanaka, 2003). Interestingly, researchers from the University of California suggest that areas of the brain in autistic children do not respond to visual cues that respond in those without autism (University of California, 2007).

On the whole, the development and experience of emotion in children with ASD is a entirely different experience compared to normally developing children. An inability to express and understand emotions makes social interaction incredibly hard, and in most cases non-existent for children with ASD.

Summary
Emotions are an integral part of our lives. We experience them every day and they exist as the foundations of human social interaction. This chapter has made it clear that emotional development begins during the first few moments of life as a newborn infant cries due to stress of an unfamiliar environment. From this point on, emotional development becomes an intricate and rapid journey for a child.

This chapter has identified and discussed two theoretical perspectives relating to emotional development: biological and evolutionary, and psychoanalytic. Both theories take quite diverse standpoints of the way in which emotion is developed. It seems that social interaction with others’ is imperative to emotional development, with social referencing providing a key example supporting this idea. Research has found that infants often use other people’s emotional reactions to inform their own behaviour, particularly in ambiguous situations.

Additionally, having an understanding and the ability to recognise emotions in others is vital to both emotional development and social interaction. This is more commonly known as theory of mind within psychology, which is an understanding that other people have mental states, beliefs, emotions and desires.

The development of emotional bonds is typically displayed through attachment. This chapter defines attachment as the close emotional bond infants’ form with a significant person, most commonly a caregiver. Although attachment theory is not a theory of emotion, it does highlight the influence emotion has upon the development of close bonds.

Finally, ASD was discussed in relation to emotional development. Overall, children with ASD have great difficulty with social interaction resulting in an inability to develop a theory of mind. Moreover, research has found that children with ASD do not express emotion compared to typically developing children.

On the whole, emotional development in children is a multifaceted process, which can take one of many paths.

Key Terms
Emotional development: the way emotions change or remain constant across the human lifespan (White, Hayes & Livesey, 2005).

Social smiling: the way young infants’ communicates pleasure at the identification of a familiar face, such as a parent, through coordination of oral-facial muscles in to a social signal (Slentz & Krogh, 2001).

Social referencing: a communication process in which infants dynamically use and seek out observed perceptions and understanding of ambiguous situations in order to guide their own understanding of such circumstances (Vaish & Striano, 2004). Social referencing is most commonly measured in the visual cliff experiment.

Theory of mind: an understanding or awareness that people have mental states including, beliefs, emotions and desires (Thornton, 2002). Theory of mind is most commonly measured using the Maxi-chocolate and Sally-Anne tasks.

Attachment theory: proposes that throughout infancy, and infant is disposed to attach to their caregiver figure (Strongman, 2003). Attachment is commonly measured using the Strange Situation procedure, developed by Mary Ainsworth. There are three types of attachment; securely attached, insecurely attached: avoidant and insecurely attached: resistant.

Autism: a complex developmental disorder characterised by impaired development in social interaction, communication and restricted repetitive stereotyped patterns of behaviour, interests and activities (American Psychiatric Association, 2000).

Asperger’s Disorder: characterised only by a significant impairment in social interaction and the development of restricted repetitive stereotyped patterns of behaviour, interests and activities (American Psychiatric Association, 2000). {{Hide in print|


text:
User:Egm6321.f10.team6.lee/HW2

= Problem 6 - Verify condition of Exactness =

Required
Verify that eqn(6.1) satisfy the first condition of exactness(6.2).

where,
 * First condition of exactness

Solution
From the eqn(6.1),

Total differential of function $$\phi\left(x,y\right)$$,

As$$\phi\left(x,y\right)=k=const$$, then $$ d\mathbf{\phi}=0 $$, We can rewrite the eqn(6.5),

For the given problem,

So, we can verify that the eqn(6.1) could be converted to the form of the first condition of exactness(6.2).

= Problem 7 =

Solution to Part I
from (7.17)

We found integrting factor $$ h\left(x\right)$$

Let's make the given eqn(7.3) exact.

Multiply integrting factor $$ h\left(x\right)$$ both side.

then,

Exactness of the new Equation
This equation is exact because it meets two conditions of exactness.
 * First condition of exactness
 * Second condition of exactness

Find $$\phi(x,y)=k$$
As for $$\phi\left(x,y\right)$$

We can find $$\phi\left(x,y\right)=k$$ by integrating $$\bar{M}\left(x,y\right)$$ for x, or $$\bar{N}\left(x,y\right)$$ for y.

i.e.

Therefore,

We can find $$k\left(x\right)$$ by $$\frac{\partial \phi(x,y)}{\partial x}$$

We can find $$ y\left(x\right)$$.

Verify the Exactness
Eqn(7.5) satisfies the first condition of exactness because we can re-order that equation like this.
 * First condition of exactness

This equation is not exact, becuase,
 * Second condition of exactness

 * Integrating Factor

Making the equation exact by multiply Euler integrating factor $$ h\left(x\right) $$.

Exactness of the new Equation
We found integrting factor $$ h\left(x\right)$$

Let's make the given eqn(7.5) exact.

Multiply integrting factor $$ h\left(x\right)$$ both side.

then,

This equation is exact because it meets two conditions of exactness.
 * First condition of exactness
 * Second condition of exactness

Find $$\phi(x,y)=k$$
As for $$\phi\left(x,y\right)$$

We can find $$\phi\left(x,y\right)=k$$ by integrating $$\bar{M}\left(x,y\right)$$ for x, or $$\bar{N}\left(x,y\right)$$ for y.

i.e.

Therefore,

We can find $$k\left(x\right)$$ by $$\frac{\partial \phi(x,y)}{\partial x}$$

We can find $$ y\left(x\right)$$.

= Problem 9 - Exactness =

Required
where,
 * 1. Show the given problem is either exact or can be made exact
 * 2. Find $$\phi\left(x,y\right)=k$$

Verify the Exactness
We can get the differential equation from the given condition.

where,

Eqn(9.4) is satisfied 1st condition of exactness because it has the form of Eqn(9.5)
 * First condition of exactness
 * Second condition of exactness

Before we proceed, we can rewrite the Eqn(9.4) as $$ {e}^{2y}\neq 0 $$

Let's check wheter the equation satisfies the Eqn(9.7)

Eqn(9.6) is not exact.

Let's make the equation exact by multiply Euler integrating factor $$ h\left(x\right) $$.

Multiply Eqn(9.11) to Eqn(9.6)

Actually, we don't need to find $$ h\left(x\right) $$ like this difficult way.

because $$ N\left(x,y\right) $$ and $$ M\left(x,y\right) $$ are the function of x only, by just making the $$ N\left(x\right)=const $$ we can make $$ {M}_{y}\left(x,y\right)={N}_{x}\left(x,y\right)$$

in other words, just multiply $${\color{blue}\frac{1}{\mathrm{sin}x}}$$, we can make the $$ N\left(x,y\right)=1 $$

then, $$ {M}_{y}\left(x,y\right)={N}_{x}\left(x,y\right)=0$$

This is the same integrating factor that we had found at Eqn(9.11)

Let's check the exactness for the Eqn(9.12). Eqn(9.12) is satisfied 1st condition of exactness because it has the form of Eqn(9.5)
 * First condition of exactness

 * Second condition of exactness

As Eqn(9.12) satisfies both 1st and 2nd condition of exacness, it is EXACT ODE.

Find $$\phi(x,y)=k$$
As for $$\phi\left(x,y\right)$$

We can find $$\phi\left(x,y\right)=k$$ by integrating $$M\left(x,y\right)$$ for x, or $$N\left(x,y\right)$$ for y.

i.e.

Therefore,

We can find $$k\left(y\right)$$ by $$\frac{\partial \phi(x,y)}{\partial y}$$

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: User:Egm6321.f10.team6.lee/HW2


text:
Comparative law and justice/Paraguay

Part of the Comparative law and justice Wikiversity Project

Geographical Information
Paraguay’s official name is the Republic of Paraguay. It is located in central South America and is landlocked between Argentina to its south and Bolivia and Brazil to its north. Paraguay's total landmass is 406,752 sq km; it is about the same size as California. In comparison to the world it is the 59th largest country

Major Rivers and Mountains
Paraguay has two major rivers that serve to define the countries boarders, provide drainage, and also work as a transportation route; they are the Río Paraguay and Río Paraná. Río Paraguay is the largest river at 2,600 kilometers in length, 2,300 km of it is navigable and 1,200 km of it either borders on or passes through Paraguay. One of its main functions is to divide the country into two regions, the Paraneña region and the Chaco region. The Paraneña region is a mixture of grassy plains, wooded hills, tropical forests and, valleys. Small rivers dominate this part of the countries natural features. This part of the country experiences a subtropical climate. It is humid, with abundant precipitation throughout the year and only moderate seasonal changes in temperature. The Chaco region covers more than 60% of Paraguay’s total land area and is home to less than 2% of the population. This part of the country is made up of mostly low, marshy plain near the river, and dry forest and thorny scrub elsewhere. This region has a tropical wet-and-dry climate. It has seasons that flood and parch the land. Chaco temperatures are usually high, the averages dropping only slightly in winter. Río Paraná is the second largest river at 4,700 kilometers long. The river is navigable by most boats depending on the season. Seasonal conditions may allow larger boats to navigate through this river, but seasonal conditions may also limit the river’s navigational value and lead to floods. The country has several mountain ranges, the biggest is Cordillera del Amambay. Its highest peak measures 700 meters, and is located in the Cerro Corá National Park in Pedro Juan Caballero.

Demographics
The Capital of Paraguay is Asunción and it is also the largest city in the country. The population there is 1,482,200. The second largest city is San Lorenzo and it has 227,876 inhabitants. The third largest city is Capiatá and 198,553 people live there. The total population of Paraguay as of July 2010 is 6,995,655. 36.7% of the population is 14 years old or younger, of this percentage 1,304,115 are male and 1,260,560 are female. 58.1% are from the ages of 15 to 64, in this age group 2,043,509 are male and 2,023,317 are female. 5.2% of the population is 65 years and over, out of this percentage 168,554 are male and 195,600 are female.

Religion
In Paraguay freedom of religion is guaranteed under the constitution, but it recognizes that Catholicism plays a special role in national life. Relations between church and state are very close for example; one of the requirements to become president in Paraguay is that you must be Roman Catholic. In Paraguay 89.6% of the population is Roman Catholic, 6.2% are Protestant, 1.1% are Christian 1.9% are of other religions and 1.1% do not follow any religion.

Ethnic Groups and Language
The key ethnic group in Paraguay is Mestizo which is a mix of Spanish and Amerindian, 95% of the population is part of this ethnic group. The other 5% are pure Amerindian, black, European or Asian The Mestizo group came about through intermarriage between the Guarani-speaking Indians of the region and the Spanish settlers; this created the Mestizo society within a few generations. One of the things that resulted from this was that the dominant language remained Guarani while the rest of the dominant social institutions and culture remained Hispanic. Paraguay has two official languages which are Spanish and Guarani. 50% of the population speaks Guarani and Spanish, 40% only speak Guarani, and 6% only speak Spanish. Guarani is one of Paraguay’s most important identity traits since this is one of the very few places in the world where the language is still spoken.

Brief History
Europeans first arrived in the area in the early 16th century and the settlement of Asuncion (which is now the capital) was founded in 1537. Paraguay was one of the first countries in South America to achieve its independence. Paraguay gained its independence from Spain in 1811 in the War of the Triple Alliance which lasted from 1865 to 1870. This war was between Paraguay and Argentina, Brazil, and Uruguay. It was devastating to the country because in it Paraguay lost two-thirds of all its adult males. After the war the economy stood still for the next half a century. In the Chaco War of 1932-1935, large, economically important areas were won from Bolivia. A peace treaty signed in Buenos Aires in 1938 gave Paraguay most of the Gran Chaco region. Included within the borders of Bolivia was the port of Puerto Suarez, which allowed access to the Paraguay River. In 1989 the 35 year dictatorship of Alfredo Stroessner ended. During his time Stroessner associated himself with the famous Condor Plan of the other totalitarian governments of South America, which produced thousands of victims. A period of democracy began with the fall of Stroessner. In 1898 the first democratic elections were held and in 1992 a new national constitution was adopted, which established fundamental liberties not recognized in the previous constitution and also established a democratic system of government which is still being used today.

Economic Development
Paraguay has a market economy attributed to a large informal sector. The informal sector includes re-export of imported goods to surrounding countries and also the activities of thousands of street vendors. Also a large part of the population makes a living from agricultural activities Paraguay’s Gross Domestic Product for 2009 was $14.95 billion; its GDP per capita in 2009 was $2,350. The World Bank reports that in 2001 per capita household consumption (in constant 1995 US dollars) was $1,510. The currency for Paraguay is the Guarani, which is composed of 100 Centimos or cents. The key industries in Paraguay are sugar, cement, textiles, beverages, wood products, steel, metallurgic and, electric power. Its key exports include soybeans, feed, cotton, meat, edible oils, electricity, wood and leather. The key imports are road vehicles, consumer goods, tobacco, petroleum products, electrical machinery, tractors, chemicals and, vehicle parts.

Health and Education
In comparison to the world the infant morality rate is ranked at 88 with 24.68 deaths per 1,000 live births. The life expectancy rate for males is 73.19 years and for females it is 78.49 years as of this year (2010). In a poor country like Paraguay education is the primary way of achieving social mobility. Unfortunately the changes in the presidency over the years have stunned progress in public education. Despite the political and economical factors that effect Paraguay’s education, the literacy rate for males is 94.9 % and for females it is 93%. The school life expectancy for both males and females is 12 years.

Family of Law
Paraguay would be categorized as having a legal system based on Civil Law. The Paraguay constitution was promulgated on June 20, 1992. This constitution established a democratic system of government and improved protection of fundamental rights. The legal system of Paraguay is based on Argentine codes, Roman law, and French codes.

History of Government
In 1811 after 35 years of being governed by the Spaniards in Argentina, Paraguayans were sick of paying high taxes to the Spanish and they rebelled against them to become an independent country. The first political leader of the new independent country was José Gaspar Rodríguez de Francia, who turned out to be the first dictator in Paraguay’s long tine of dictators. During his time in power Francia tried to create an organized society, which he told his people could be achieved if they gave up some freedom. He ended up closing schools, post offices, and newspapers. He also sent out secret police to the streets to spy on the citizens and report those who disagreed with him. In 1864 Paraguay was involved in the War of the Triple Alliance which was against Brazil, Argentina, and Uruguay. By the end of the war Paraguay had lost much of its territory but most importantly it had lost over half of its citizens. After Francia and until 1932 there were over 30 different presidents, which averaged out to be about one every two years. This made the country very unstable. In 1954 General Alfredo Stroessner established a dictatorship that would last 35 years. Even though this made the country more stable, Paraguayans did not have any power in their government and there was a lot of corruption and dishonesty going on in the government. In 1989 the government was overthrown and Andres Rodriguez was elected president. Rodriguez changed a lot of the laws which gave the citizens more freedom. Paraguay was changing at this time and in 1992 Paraguay adopted a more democratic constitution that spread the government’s power between different branches of government instead of giving all the power to the president. This constitution replaced the highly authoritarian constitution that had been in force since 1967. In 1993 Paraguayans elected a new president under the new constitution for the first time. In this election Paraguayans had an important break from the military by electing Juan Carlos Wasmosy as the first civilian president in nearly half a century.

Current Government
Paraguay is now a republic with a democratic representative system of government. The country is divided into 17 administrative departments which are similar to states. Each department is lead by a governor. The capital city is separate and is also headed by an elected governor. The government is divided into three branches which are the Executive, Legislative and Judicial Branch. Paraguay’s government has been changed a lot by many dictatorial régimes. The 1992 constitution gives the executive branch a lot of power. The executive branch is composed of the president who is currently President Fernando Armindo Lugo Mendez and the vice president which is Federico Franco. The president is also assisted by a council of ministers and a council of state who is designated by the president. After the president is done with their term they are constitutionally guaranteed the position of Senator for life, but they can only speak and not vote. The legislative branch is made up of a bicameral National Congress which is composed of a senate of 45 members, and a Chamber of Deputies of 80 members. The President, vice president and the members of the bicameral National Congress are elected by the popular vote. The president and vice president are elected on the same ticket and are elected for a 5-year term. The bicameral Congress is elected at the same time as at president through a proportional representation system. The Deputies are elected by department and the Senators nationwide. The Judicial branch is the Supreme Court of Justice which is made up of nine judges proposed by the Council of Magistrates and approved by the Senate and president. The Supreme Court is the highest judicial court in the country. The court is divided into three chambers, Constitutional, Civil and Commercial and Criminal, each with three members.

Elections
The Constitution states that every Paraguayan citizen who is 18 -75 years old and who resides in the national territory is eligible and required to vote. If someone does not vote a fine may be imposed. Citizens can elect and may also be elected without restrictions other than those established in the Constitution. The constitution also gives these same voting rights in municipal elections to foreigners with permanent residence papers. General Elections are held every five years. Elections are conducted using secret ballots. In 2003, for the first time, Paraguay used electronic voting terminals to collect about half of all ballots cast. In light of past polling place irregularities, many believe that electronic voting will be less susceptible to manipulation.

Judicial Review
The role for judicial review in Paraguay is set aside for the Supreme Court under the Constitution. The Supreme Court has the power to declare any legal provision or Court decision unconstitutional under Article 132. The Supreme Court has the power to hear and resolve cases that involve the unconstitutionality of statues, and decide whether the case is unconstitutional or not. Cases that are thought to be unconstitutional can be filed before the Constitutional Chamber or they can be brought upon to any other court and at any moment during a case. Then those cases will be submitted to the Supreme Court.

Courts and Criminal Law
The legal system in Paraguay is an inquisitorial system. The Supreme Court is the highest law of the land. Supreme Court justices are appointed by the President. They must be native-born Paraguayans, at least thirty-five years of age, possess a university degree of Doctor of Laws, have recognized experience in legal matters, and have an excellent reputation for integrity. The Supreme Court has jurisdiction over cases of constitutional questions. After the Supreme Court comes five appellate tribunals which are, civil and commercial, criminal, labor, administrative, and juvenile. The lower courts and justices of the peace handle three of these tribunals which are, civil and commercial, criminal, labor, and juvenile cases. In many rural communities, one justice of the peace handles all judicial matters. The law provides for the use of three-judge tribunals instead of juries to rule on procedure, determine guilt or innocence, and decide sentences. One judge presides over misdemeanor cases when the maximum punishment does not exceed two years in prison and in civil cases. In Paraguay, justice of the peace courts are judicial bodies with minor civil and criminal jurisdiction in each of the 223 municipalities distributed throughout the 17 provinces that make up the nation. One of the main functions of these courts is solving family disputes.The military has its own judicial system, and the Supreme Court of Military Justice oversees military cases.

Corruption in the Courts
The Supreme Court appoints lower-court judges and magistrates based on slates of three candidates submitted by the eight-member Magistrate's Council. There is also a lot of corruption involved in choosing the court personnel. Jobs are usually provided as a political favor. It is easy to get away with this for a couple of reasons. Filling a complaint about corruption is not easy, because of corruption these complaints typically end up “lost” after they get handed in. Also according to a report called an Assessment of Corruption in Paraguay by Cohen, Berthin and Mizrahi “It is virtually impossible to fire or even transfer corrupt public employees. The most negative consequences for corrupt behavior are brief suspensions or the “freezer” (indefinite paid leave)”. Another reason why some government officials are corrupt is because they are badly paid. In 2004 the President of Paraguay made about $ 3,000 a month, Supreme Court members made $2,500 and the administrative staff members made $300-500 a month.

Role of Lawyers and Rights of Defendant
The Constitution guarantees all defendants the right to an attorney, at the expense of the public if necessary. This right is usually violated when the defendants receive little or no legal assistance or when defendants are not given access to an attorney with enough time for the lawyers to prepare a defense. Part of the reason for this is because there are few public defenders and the defenders do not have the resources to perform their jobs efficiently. Lack of resources also allows some people to get away with committing crimes because the law requires prosecutors to indict accused persons within 180 days of arrest but lack of resources makes this very difficult. In Paraguay defendants enjoy a presumption of innocence and a right of appeal. In order to be convicted, a majority opinion is required from the judges. Article 18 of the constitutions which sets the restriction on questioning says that no one should be forced to testify against himself, spouse, partner or blood relatives. According to the Library of Congress -Federal Research Division, “The Penal and Criminal Procedures Code of 2000 requires expedited oral hearings for all persons accused of a crime. Prosecutors must bring charges against a detained person within 180 days. Defendants are presumed innocent until proven guilty. Both the defense and prosecution may call witnesses. There is no trial by jury; the judge determines both the innocence or guilt and the punishment for any crimes committed.”

Prison Sentences and Capital Punishment
Corporal punishment in Paraguay is unlawful as a sentence for crime. The Constitution prohibits cruel, inhuman and degrading treatment under article 5. Paraguay’s new constitution also got rid of the death penalty, the penalty of exile, and life sentences. It established that the maximum penalty that an individual could be sentenced to is 25 years in prison.

Prison Conditions
The prison conditions in Paraguay are very inhumane. There are several problems with the prison conditions in Paraguay, one of the problems is overcrowding. Hundreds of people have no cell space and must sleep in hallways or outside, exposed to the elements. Some prisoners have one bathroom that they must share with 200 or more people. Researchers have found that this overcrowding puts prisoners on edge which tends to generate violence. Fights between inmates and guards are frequent and often fatal. There is also lack of basic needs for survival in these prisons such as food or healthcare, some prisons do not even have doctors. When there is food there are no utensils available to eat the food with. Another major problem in the corrections system is the presence of corruption. One reason for corruption comes from the poor conditions that guards are assigned to in the detention centers. Their job does not offer any benefits that would make the position attractive. Salaries are very low; they make about $ 230 per month. Sometimes the government has owed them several months of pay. Because of this they turn to corruption in order to make some money. Prisoners have told researchers that they have to pay for medicine, or to be able to see a doctor, for food, and beds, and to be allowed family visits. Findings of the Human Rights Ombudsman confirm that officials are responsible for trafficking drugs, alcohol and prostitution on prison grounds. Another form of corruption involves the guards threatening inmates with physical harm or solitary confinement. Instead of rehabilitating inmates prisons actually promote criminality. Miguel Gomez of the Paraguayan Supreme Court’s Human Rights office told researchers that the penal system does not give the released prisoners help in getting a job after release. “There is no effective system for reinsertion into society in any penitentiary.”.

Women & Juveniles in Prison
Women prisoners live under the same conditions as them, but the main problem in their prisons has to do with prostitution. Female detainees are forced to prostitute themselves by prison officials. Another big problem is that not only are these women putting up with these conditions but so are their children who live in the prisons with them. Conditions for juvenile offenders are a lot better than what the adults endure. The difference in treatment comes from international standards of treatment of youths. They have better living conditions and the detention centers focus more on rehabilitation. Some detention centers have on-site bakeries and gardening programs that provide opportunities for constructive detainee activity. There are also strong educational programs, which have high attendance rates. Guards in these prisons do not carry weapons.

Law Enforcement
The first police force was first established by José Gaspar Rodríguez de Francia following the country’s independence from Spain. He used the police to enforce his complete control of the state. Following his orders, the police maintained a spy network that generated an atmosphere of fear in the country for anyone who was suspected of talking badly about the government. Now the police is a centralized and multiple uncoordinated organization under the administration of the Minister of Interior. The police force is made up of two main elements, one which serves the capital and another that serves the rest of the country. There is also a separate highway police that patrols the countries roads. All police training takes place in Asunción. Basic training takes place in the Police College, where a five-year course in modern police techniques is offered. Paraguy’s police force has been underfunded and undertrained. There has also been lots of corruption problems. Reports have indicated that Police officers were involved in drug trafficking and kidnapping.

Crime Rates and Public Opinion
Crime has been increasing over the recent years in Paraguay. Crime is often directed at those who are thought to be wealthy. Most of the crime in Paraguay is non-violent, but there has been an increase in the number of weapons being used in crimes. The types of crime that are typical in urban and rural areas are robberies carjacking, car theft and home invasions. In the larger cities the most common crimes are pick pocketing and mugging. According to the Overseas Security Advisory Council, “street crimes like pick pocketing and mugging are prevalent in Asunción, particularly in the downtown area, at the omnibus terminal, and on public buses. Criminals occasionally drug their victims during the commission of crimes. Victims of these crimes often offer the perpetrators rides, only to be unknowingly drugged. Victims then wake up hours later unable to recall anything about the incident. Additionally, Incidents of pilferage from checked baggage at both Paraguayan airports and bus terminals have been reported.” Other types of crimes that are common in Paraguay are corruption, smuggling, and drug trafficking. It is difficult to find crime statistics on Paraguay because the country did not start publishing their statistics on crime to organizations like Interpol until 1995. The reported homicide rate in 2000 According to the INTERPOL data was 11.57 per 100,000 people. For robbery, the rate was 2.76, for aggravated assault the rate was 55.1, the rate of larceny was 8.16, for burglary the rate was 22.19 and, for motor vehicle theft the rate was 48.13. One of the reporting problems that might make these numbers less reliable is the lack or training and resources available to the police of this country. Another factor that may influence the reports is the tolerance for corruption by the police.

Public Opinion on Crime
Public opinion surveys, as well as interviews conducted by researchers at the Human Rights Program at Harvard Law School, indicate that many Paraguayans believe that “criminality in the country is reaching near-crisis proportions”. According to this analysis, “a recent La Nación (the nation) poll regarding citizen experiences with criminality reveals the extent of victimization. According to that study, 66.82% of those surveyed said they had been victim of a crime; 37.07% within the last twelve months. Some 31.05% had suffered robbery, and another 11.85% attempted robbery.”

Family Law
The legal age for marriage in Paraguay is 16 years old for both men and women. According to Paraguay’s Civil code, Men and Women have the same rights and responsibilities within the home, and in relation to parental rights. Men and women in Paraguay have equal rights to inheritance. Polygamy is prohibited by law in Paraguay. There are three types of marriages in Paraguay, civil, religious and consensual. Civil marriages require getting a license from the state. Religious marriages are traditional church weddings and consensual marriages are when the couple agrees to be married. In the families the women have a lot of responsibility. They are responsible of the household. They are the primary caretakers of the children. If a divorce occurs the children remain with their mother. After a couple a divorced, there is little legal pressure on the father to pay support. A lot of people in Paraguay are very family oriented. In part because living with relatives is the financially smart thing to do. Elders are also included in the family life and are considered to be an important part of the family.

Adoption

The requirements for adoptive parents in Paraguay is that they must be citizens or legal permanent residents of Paraguay. They must reside in Paraguay but there is no period of residency requirement. They must also be between the ages of 25-50, people with contagious diseases or mental illnesses cannot adopt, single men can also not adopt. According to the Intercountry Adoption website children who are eligible to be adopted have to meet the requirements of the Hague Adoption Convention. The process of being eligible for adoption is the following, “When a child is abandoned or becomes an orphan, the Adoption Center is notified and must first attempt to find a relative to care for the child. If no relative can be found, the child remains under the authority of the Adoption Center until a judicial declaration is made that the child is adoptable. At that time, the court will usually release the child into the custody of the prospective adoptive parents until the final adoption decree is signed. A child is assigned to prospective parents based on the Adoption Center's judgment of the best interests of the child”.

Inheritance

The laws that govern inheritance in Paraguay are the Civil code, the Civil and Commercial Procedure Code and the Child and Teenage Code. The laws created by these codes affect everyone who owns property. There are no distinctions made based on nationality, race, religion, gender or for foreigners. The law states that the law of the deceased’s permanent residence applies. The Civil and Commercial Court of the deceased’s permanent residence deals with inheritance issues. Inheritance cases that are not contested take about 4 to 6 months.

Human Rights
The Fundamental rights that are protected by the Paraguayan legal system are stated in the constitution. Section 1 of the constitution includes freedoms from arbitrary and unlawful deprivation of life, disappearance, torture and other cruel, inhuman, or degrading treatment or punishment, arbitrary arrest, detention, or exile, denial of fair public trial, arbitrary interference with privacy, family, home, or correspondence. Section 2 includes freedom of speech and press, of peaceful assembly and association, of religion and freedom of movement within the country, foreign travel, emigration, and repatriation. Section 3 is about the individuals’ political rights which include the right of citizens to change their government. Section 5 protects against discrimination based on race, sex, religion, disability, language, or social status. Section 6 is about the workers’ rights which include the right of association, the right to organize and bargain collectively, prohibition of forced or compulsory labor, status of child labor practices and minimum age for employment, acceptable conditions of work and trafficking of persons. In Paraguay the police are known for violating these fundamental rights the most. They have committed extrajudicial killings, and there are has been many incidents of torture and abuse of convicted prisoners. Other problems that are occurring have to do with arbitrary arrests and detention, lengthy pretrial detention, corruption and inefficiency in the judiciary, and infringements on citizens' privacy rights. Police also have been known to use force against nonviolent demonstrators.

Social Inequality
Paraguay’s current constitution guarantees equality for all individuals and prohibits discrimination. Men and women are equal in the civil liberties they have, their ownership rights and they share the same rights and responsibilities within the home. Even though everyone is supposed to be treated equally in Paraguay, there is a lot of gender inequality. Men are considered to have all the authority in their homes and in public. Men have higher paying jobs then women and women’s jobs are undervalued. Most women work in low-skilled jobs or are stay at home mothers. When it comes to their rights, if women speak up about something they think is wrong they are told that they are not behaving in a feminine manner.

There are also problems with violence and discrimination against women, abuse of children, and discrimination against persons with disabilities and indigenous people. The most frequently occurring violation of women’s rights has to do with sexual and domestic abuse. Spousal abuse is common, and the Penal Code criminalizes it only if it can be proven that the abuse is habitual, and it is only punishable by a fine. According to the US Department of state’s reports, a government survey determined that from January to August, 1 woman was killed every 12 days by a family member or other acquaintance. Between January and August, the Secretariat of Women's Affairs registered 533 cases of violence against women, a 25 percent increase over the same period in 2000. According to these surveys, between January and August 2000, 63 percent of the cases of violence against women were rapes”. When it comes to children’s rights abuse and neglect and sexual exploitation are all problems. Trafficking for teenage girls is also a serious problem. There are also many children who suffer from malnutrition, disease and lack of access to education even though the constitution says that they are entitled to equal treatment in education and health care. Indigenous people are neglected in Paraguay. They have Low wages, long work hours, infrequent payment (or nonpayment) of wages, job insecurity, and lack of access to social security benefits. Due to the fact that they have weak organizations and lack of financial resources, their participation in the political and economic system is not taken seriously. Another problem that the indigenous people have is lack of shelter and medical care.

title: Comparative law and justice/Paraguay


text:
Comparative law and justice/Thailand

Part of the Comparative law and justice Wikiversity Project

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Basic Information
Thailand is a constitutional monarchy, never colonized. Its current leader is Vajiralongkorn. Nearly equalling the size of Spain or Texas, Thailand is the 50th largest country in the world, covering an area of 200,000 square miles. It has about 3,219 km of coastline and its largest shared border is with Burma. When looking at a map of Thailand it looks like the head of an elephant. The south strip of Thailand which makes up the "trunk", is located between the Andaman Sea and the Gulf of Thailand. It lies 15 degrees north of the equator, averaging tropical temperatures anywhere between 66 and 100 degrees Fahrenheit. It is usually hot and humid. Thailand's climate has three seasons: hot, rainy, and cool.

Thailand's population is around 65 million, including such ethnicities as Thai, Chinese, Indian, Malay, and Lao. Bangkok, the capital, is home to 7 million citizens and is very diverse. The major religious denomination is Buddhist 94.6%, which is the official religion of Thailand. Other religions include Muslim 4.6% and Christian 0.7%. . Thai is the official language, but English is spoken and understood by many of its citizens.

The currency of Thailand is the Thai baht, which comes in both coin and paper forms. . Hotels and accommodations range from luxury hotels to family-run inns. Prices are highest between the months of December and February and lowest between the months of May and August. The phone system includes pay phones and a cell phone network. Thailand Standard time is GMT +7. Thailand does not observe daylight savings.

Brief History
The Mon, Khmer, and Tai peoples formed tribes all over the area of modern Thailand. The Mon ruled for much of the first millenium and then were displaced by the Khmer Empire in the second millenium. It wasn't until the 13th century when the Lan Na and Suhkothai Kingdoms developed societies in northern and central Thailand. In 1350, Ayuthaya was named the capitol by King Uthorn. It prospered for two centuries. Due to continuous fighting with Burma, Thailand's neighbor and enemy, Ayuthaya was destroyed in the mid-1700's. The Thai managed to reclaim Ayuthaya, but never rebuilt the city and ended up moving the capitol to Thonburi. In 1782 the Thai moved the capitol to Bangkok. During the 19th century Thailand remained independent, obtained the benefits of colonisation, and implemented many Western-based reforms.

From the mid-14th century Thailand existed as a unified kingdom known as "Siam". It wasn't until 1939 that it changed its name to the Kingdom of Thailand. .

Economic Development, Health, and Education
Between 2000 and 2008 Thailand experienced economic growth equalling a growth of 4% each year. Although they too suffered from the 2008-2009 economic downturn, the government is focusing on stimulus programs to revive the domestic infrastructure. As of 2009 the national workforce includes about 38.5 million people, leaving the unemployment rate at 1.5%. Agriculture accounts for 12% of the GDP and employs about 45% of the workforce. The GDP as of 2009 was 540 billion dollars, ranking Thailand at 25th in the world.

The average age of citizens in Thailand are between the ages of 15 and 64, compromising 70% of the population. The birth rate is 13 per 1000 individuals and the death rate is 7 per 1000 individuals. The average life expectancy is 73 years of age, with the median age at 34 years of age.

As of the 2000 census, 92% of the population is literate. Literate is defined by the Thai as 15 years of age or older and able to read. From primary to tertiary the average citizen spends 14 years in school. Thailand spends 4.2% of their GDP on education.

Governance
The Thai government is similar to that of the United Kingdom. There is a prime minister which serves as the parliamentary government and a hereditary king which serves as head of state. The current Thai government as been around for the past 700 hundred years. The current king is from the family line which has ruled since the fall of the Ayuthaya empire. The king functions as head of state and spiritual leader, but holds no political authority.

In 1932 a revolution de-throwned the current king and created a democracy. In 1946 election were held which voted for and created a bicameral legislation. The real power in the governement is held by the prime minister. Political power is distributed among the parliament by the bureaucracy which is siphoned down to the village level. "Thailand is governed by a system of centralization, with the Constitution as the highest law of the land."

Legislative powers are held by the parliament, and carried out through the bicameral National Assembly. The national assembly publicly elects representatives to the house and senators. The parliament must approve or reject any of the legislation relating to national policy. Once parliament has made a decision, the king must sign the bill for it to officially become a law. There are three ways a bill can be proposed and eventually become a bill. The bill can either be proposed by a member of the Council of Ministers, twenty members of the House of Representatives, or 10,000 citizens who are able to vote.

Judicial powers are excercised through the courts called "law courts." There are three types of these courts, the Court of First Finance, the Court of Appeals, and the Supreme Court. The Judiciary is separate from the Executive Branch of the Thai Government. The cases are not subjected to speculation from the king or the Council of Ministers. The courts rule the cases in accordance with constitution.

Executive powers are vested in the Council of Ministers. The Council is composed of the Prime Minister and 35 Ministers. These ministers are nominated by the Prime Minister and approved by the King. The Primine Minister is required by the constitution to be part of the House of Representatives, but cannot serve for more than eight consecutive years. Only the King has powers to remove ministers from the Council of Ministers, but the decision is usually made only by the Prime Minister. The council rules over 15 major ministries. The ministers include; Office of the Prime Minister; the Ministry of Finance ; the Ministry of Foreign Affairs ; the Ministry of Defense; the Ministry of Agriculture and Co-operatives; the Ministry of Education; the Ministry of Transport and Communications; the Ministry of Commerce; the Ministry of Public Health; the Ministry of Science,Technology and Environment ; the Ministry of University Affairs; the Ministry of Justice; the Ministry of Labor and Social Welfare; the Ministry of Industry; and the largest and most powerful, the Interior Ministry.

Elections
Due to vote buying, corruption, and overall disorganization, the electoral process was redesigned in 1997. Since the creation of the new 1997 constitution, citizens can vote on candidates for the House of Representative and the Senate. Each has its own electoral system. There are 200 senators who serve a single six year term. For the election of senators a multi-member plurality system is used. Each province is regarded as a constituency and holds its own elections. Depending on the number of inhabitants, a province can elect more than one senator. The number of senators per province is determined by a specific formula that tries to achieve a fair representation of the population for each province. Even if more than one senator will be elected, citizens can only cast one vote. The winners are determined by simple majority. Where the provice qualifies for more than one senator, the candidates with the top number of votes are chosen. There are 500 incumbents in the House of Represenatives. The first 100 are elected on the party ticket, and 400 are elected on a consituency basis.

Judicial Review
Judicial Review is practiced by the Supreme Courts, also called the Dika Courts. The Supreme courts are separate form the Executive branch and can rule cases independently from pressure of the Prime minister. They rule on the basis of the constitution and in the name of the King. The court has the power to review constitutionality of statutes and rules made by parliament and ordinary courts, and can resolve conflict between state bodies.

Courts and Criminal Law
There are Four types of courts in Thailand. There is the Courts of Justice, the administrative courts, constitutional courts, and military courts. Thai courts are ruled over by judges and have no juries. Depending on the level and type of court, more judges may be required. A lower court and two appelate courts make up this system. The court of first instance, or the "lower court" is further divided into three sections, the general, family and juvenile, and specialized courts. Two different general courts exists, one for BTangkok which serves as the national court and one for the rest of Thailand. Thailand is divided up by jurisdiction and each one receives a provincial and municipal court. The Family and Juvenile Courts has jurisdiction over any criminal case involving a person between the ages of 7 and 18, and civil cases of any person below 20 and stated in the Civil and Commercial Code. All Specialized courts are located in Bangkok, and appeals from these courts can pass directly to the supreme court passing the appealate level. Specialized courts include the Central Bankruptcy court, the Central Intellectual Property and International Trade Court, the Labor Court, and the Tax and Duty Courts. There are ten total appelate courts in Thailand. One is located in Bangkok and hears appeals from criminal and civil courts, and the nine other regional appellate courts hear appeals form the respective Provincial Court. Three judges are needed to hear an appeal. The Supreme Court is also known as the "Dika" Court. Located in Bangkok, the Dika Court hears appeals from Courts of Appeals and specialized courts. There are between 80 and 90 judges, a president, and vice president. There are 11 divisions, each composed of 3 judges.

Punishment
There are five types of sanctions that the Kindom of Thailand employs. The Thai criminal justice system imposes fines, the forfeiture of property, sentences of confinement, sentences of imprisonment, and the death sentence. Fines are most often associated with petty crimes. Offenders pay a certain amount of money to the government, similar to the process in the united states. If the fine is not paied, then an order of confinement is issued. When short prison sentences are combined with a fine, the judge may drop the prison sentence and apply the fine only. A sentence of confinement is issued at a period of three months. It is used when a prison sentence of three months is issued, and it is observed that the offender has never been to prison before. Confinement is seen as less severe than imprisonment, and is held at a location different than a prison. Sentences of imprisonment deal with criminal offenders in Thailand. They can range anywhere from one day to life, and are not susceptible to reduction. Only the royal king can pardon a prison inmate. In previous years the death sentence has been done by means of a shooting squad. Prisoners who receive the death penalty usually have their sentence reduced to life in prison. The death sentence is tailored by Thai law and the United Nations, and over the history of modern Thailand has executed 300 prisoners. Thai courts can also impose probation for an offender. When faced with a sentence between two and five years, an offender of good character may be given probation so that they can work towards re-establishing their good name.

The Thai Department of Corrections is the last phase in the Thai criminal justice system. They are responsible for custody and rehabilitation of the offenders. The department fulfills the following functions: Detainment of individuals 18 years old and above, ensure the rights of prisoners are consistent with law, meet individual needs of the prisoners, provide vocational training, provide a safe enviornment for the prisoners, and cooperate with other criminal justice agencies. The goal of the prison system is to eliminate repeate offenders by creating skillful employees of good health and community acceptance.

The largest percent of the jail population are individuals faceing narcotics law charges. They make up 65.8 percent of the prison population, of those, 75% are male and 25% are female. The next largest population in prison are offenders facing charges of property crimes, making up 19.4% of the population(92% male 8% female). This leads one to believe the greater population of prison inmates are non-violent. The prison in Thailand is currently over populated. Its maximum capacity is 90,000, while the actual number of inmates exceed 250,000. The problem of over population causes the relationship between guards and inmates to deteriote, hindering the goal of rehabilitation.

The Thai criminal justice system does not hold any individual younger than 7 liable for crimes. It also does not charge individuals between the ages of 7 and 14. Individuals between the ages of 7 and 14 can face juveniles procedures which will hopefully allow them to start anew, and not return to a life of crime. The Juvenile and Family courts have jurisdiction and often impose sanctions of rehabilitation, vocational training, and family reunion. Life imprisonment and the death sentence cannot be imposed on youth, neither can sentences be increased due to repeated offences.

Law Enforcement
The Thai Royal Police Force, a subdivision of the Ministry of Interior, has the responsibility of law enforcement throughout the entire kingdom. The Thai Royal Police Force would also be called in to help in the case of attack against a foreign country to defend their land. The Ministry of Defense would enlist them for service. In this sense they are a para-military police force. The model was first based on the pre world war two model of Japan's law enforcement agency, and later sculpted by american law and aid. Major operational units include the Provincial Police, Border Patrol Police, and metropolitan Police. The Operations of the Thai Royal Police Force are coordinated from the main headquarters located in Bangkok.

Crime Rates and Public Opinion
Tourists visiting Thailand have the risk of being victim to pick-pocketing, purse-snatching, and burglary. Police usually refuse to offer police reports or help to foreigner and refer them to the tourist police. Violent crimes against foreigners are rare but have recently been occuring mor frequently. Foreigners are involved each years in three wheeled taxi accidents and are sometimes charged unfair rates. Tourists are usually scammed when buying gems. "The Tourism Authority of Thailand (TAT) receives over 1,000 complaints each year from visitors who have been cheated on gem purchases." Some bars and entertainment venues charge excessive fees for drinks or surprise you before you leave with hidden cover charges and threatn violence if you refuse to pay. There are erractic reports of people being drugged at bars and robbed by people posing as international travelers. Pirated merchandise is also widely available in Thailand, it is illegal to buy and sell pirated goods, and is often controlled by organized crime networks. A common type of crime against foreigners in Thailand occur in a snatch and grab style manner. Often a passenger in a motorcycle or scooter will grab the purse or bag of the victim as the driver drives by. Also tourists have reported thefts of credit card and passport identity thefts. There are reports of well organized credit fraud rings with ties to international connections. These criminals will use devices to grab credit card numbers and debit pins from the cards as they are used by tourists to make purchases.

Family Law
Men and woman are only eligible for marriage once they reach the age of 17. Even though they can be married at 17, they must have the consent of their parents or guadians until the age of 20. Thai family law forbirds marriages under several circumstances. Men and women cannot marry if they are under the same blood line, or if they are brother and sister of full and half blood. In the case of an adoption, the adopter and adoptee are not allowed to wed. If they are found to, the adoption with be terminated. Men and women are forbid to wed if they are of "unsound mind" or incompetent. Althought Thai law states that a man and woman cannot wed if one of them has another spouse, polygamy is accepted and its practices still exist. Mutual consent is required in writing and to be notarized. Lastly, the Thai Government recognizes marriage that take place outside of Thailand, even if to a foreigner. As long as a Thai gets married in a way that is in accordance to the state or country they are in, it is acceptable.

Marriage is terminated by death, divorce, or cancellation by the court. An annulment can only be granted by the court on these grounds: "(1)The man or woman is under seventeen years old, (2)The marriage is performed on account of mistaken identity by either spouse, (3)The marriage is performed on account of fraud by either spouse, (4)The marriage is performed on account of duress by either spouse, whe, without such duress, the marriage would not have taken place, and (5)At the time of marriage, either spouse were a minor and did not receive written consent from their parents." Divorce may be effected by: "(1)Mutual consent which is made in writing, certified by signatures of at least two witnesses, and evidence by the resitration of written agreement at the office of District Officer, (2)Judgement of the Court."

Human Rights
Human rights in Thailand include protection against unlawful deprivation of life, politically motivated dissapearances, torture and other cruel or inhumane punishments, unlawful arrest or detention, impropert arrest procedures and unfair treatment while in detention, denial of fair pulic trials, arbirtrary interference into privacy and family matters, excessive force, killings, and many other harms commonly recognized by civilized societies. They can all be found in the 2007 constitution of Thailand. The Constitution of Thailand states in section 30 that, "All persons are equal before the law and shall enjoy equal protection under the law. Men and women shall enjoy equal rights.  Unjust discrimination against a person on the grounds of the difference in origin, race, language, sex, age, disability, physical or health condition, personal status, economic or social standing, religious belief, education or constitutionally political view, shall not be permitted.  Measures determined by the State in order to eliminate obstacle to or to promote persons’ ability to exercise their rights and liberties as other persons shall not be deemed as unjust discrimination under paragraph three." It also states in Section 31 that, "All Members of the armed forces or the police force, Government officials, other officials of the State and officers or employees of State agencies shall enjoy the same rights and liberties under the Constitution as those enjoyed by other persons, unless such enjoyment is restricted by law or rule issued by virtue of the law specifically enacted in regard to politics, efficiency, disciplines or ethics." Although stated in the Thai Constitution that all people are treated equal it is clear that some groups are treated better and worse than others. Refugees, prisoners, and insurgents do not share the same amount of protection or fairness in treatment in the Thai legal system. Refugess are deported in large number, prisoners are subject to overcrowding and poor living conditions, and insurgents are often killed without question. The military, security forces, and Thai Royal Family receive more protection. The military seeed to be given an amp in their power in 2008 when the "Act on Internal Security of 2008 came into force in February, giving the Thai military and security forces sweeping powers concerning internal security, including the power to “prevent, suppress, suspend, inhibit, and overcome or mitigate the situation." The Thai Royal Family enjoy the lese-majeste law, prohibiting any law or act which defames, insults, or threatens the royal family.

title: Comparative law and justice/Thailand