Open Access. Powered by Scholars. Published by Universities.®
- Institution
Articles 1 - 6 of 6
Full-Text Articles in Law
Race And Punishment: Demographic Disparities And Patterns In The Blue Earth County Court System, Aaron Guerdet, Alyssa Haugly, Kelsey Mischke
Race And Punishment: Demographic Disparities And Patterns In The Blue Earth County Court System, Aaron Guerdet, Alyssa Haugly, Kelsey Mischke
Public Sociology Publications and Projects
This study examines potential race and gender disparities in sentencing decisions in Blue Earth County, MN courts. Using qualitative field observations and a grounded theory approach, authors observed and analyzed court proceedings. In total, three researchers conducted seven weeks of observations; the final sample consisted of 95 observed court sessions, 50 of them being closed court cases. Results show little discrepancy in gender and charges and sentencing rates. Though there are racial discrepancies in charges that suggest discriminatory policing decisions, the data shows that minority members are being sentenced at a similar rate compared to white defendants. In all cases …
The Truth-Justice Tradeoff: Perceptions Of Decisional Accuracy And Procedural Justice In Adversarial And Inquisitorial Legal Systems, Justin Sevier
The Truth-Justice Tradeoff: Perceptions Of Decisional Accuracy And Procedural Justice In Adversarial And Inquisitorial Legal Systems, Justin Sevier
Scholarly Publications
Two studies provide empirical support for Thibaut and Walker’s (1978) theory that inquisitorial and adversarial dispute resolution systems are associated with different psychological values: the pursuit of truth and the pursuit of justice. Study 1 suggests that, in civil and criminal disputes, the adversarial system is perceived to produce less truth than it does justice, and less truth than does the inquisitorial system. Conversely, the inquisitorial system is perceived to produce less justice than it does truth, and less justice than does the adversarial system. Study 2 examines how legal outcomes moderate litigants’ perceptions of the truth and justice produced …
Prosecutorial Discretion In Three Systems: Balancing Conflicting Goals And Providing Mechanisms For Control, Sara Sun Beale
Prosecutorial Discretion In Three Systems: Balancing Conflicting Goals And Providing Mechanisms For Control, Sara Sun Beale
Faculty Scholarship
In regulating the authority and discretion exercised by contemporary prosecutors,national systems balance a variety of goals, many of which are in tension or direct conflict. Forexample, making prosecutors politically or democratically accountable may conflict with theprinciple of prosecutorial neutrality, and the goal of efficiency may conflict with accuracy. National systems generally seek to foster equal treatment of defendants and respect for theirrights while also controlling or reducing crime and protecting the rights of victims. Systems thatrecognize prosecutorial discretion also seek to establish and implement policy decisions aboutthe best ways to address various social problems, priorities, and the allocation of resources. …
Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua
Disparity In Judicial Misconduct Cases: Color-Blind Diversity?, Athena D. Mutua
Journal Articles
This article presents and analyzes preliminary data on racial and gender disparities in state judicial disciplinary actions. Studies of demographic disparities in the context of judicial discipline do not exist. This paper presents a first past and preliminary look at the data collected on the issue and assembled into a database. The article is also motivated by the resistance encountered to inquiries into the demographic profile of the state bench and its judges. As such, it also tells the story of the journey undertaken to secure this information and critiques what the author terms a practice of colorblind diversity. Initially …
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
Litigation Reform: An Institutional Approach, Stephen B. Burbank, Sean Farhang
All Faculty Scholarship
The program of regulation through private litigation that Democratic Congresses purposefully created starting in the late 1960s soon met opposition emanating primarily from the Republican party. In the long campaign for retrenchment that began in the Reagan administration, consequential reform proved difficult and ultimately failed in Congress. Litigation reformers turned to the courts and, in marked contrast to their legislative failure, were well-rewarded, achieving growing rates of voting support from an increasingly conservative Supreme Court on issues curtailing private enforcement under individual statutes. We also demonstrate that the judiciary’s control of procedure has been central to the campaign to retrench …
Civil Case Management In Singapore: Of Models, Measures And Justice, Chee Hock Foo, Eunice Chua, Louis Ng
Civil Case Management In Singapore: Of Models, Measures And Justice, Chee Hock Foo, Eunice Chua, Louis Ng
Research Collection Yong Pung How School Of Law
The goals of all ASEAN member states are to “accelerate economic growth, social progress and cultural development” and “promote peace and stability” in the region. To achieve these goals, the public will need to trust and respect the Judiciary. Such trust and respect can be lost if there are inefficient practices that result in delay in the courts. The Singapore Judiciary is presently lauded for “its efficiency, its technological sophistication, its accessibility and the confidence of Singapore’s citizens and businesses in the system.” The World Economic Forum has also ranked Singapore first (out of 142 countries) in recognition of Singapore’s …