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Court Review; Volume 40, Issue 2 - Table Of Contents
Court Review; Volume 40, Issue 2 - Table Of Contents
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 2 - Cover
Court Review: Volume 40, Issue 2 - Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 2 - Judicial Report On The Adjudication And Sanctioning Of Hard-Core Drinking Drivers, Robyn Robertson, Herb Simpson
Court Review: Volume 40, Issue 2 - Judicial Report On The Adjudication And Sanctioning Of Hard-Core Drinking Drivers, Robyn Robertson, Herb Simpson
Court Review: The Journal of the American Judges Association
Impaired driving is the most frequently committed crime in America. It has been an issue of debate and concern for the judiciary, as courtrooms across the country hear cases involving a majority of the 1.4 million annual DWI arrests. Since the early 1980s, concerned citizens have lobbied for and won considerable changes to the way these cases are approached from a public-policy perspective, often resulting in legislative initiatives and changes in criminal practice. Until now, however, little comprehensive research has been conducted on the implications of these system-wide changes for criminal justice professionals. In December 2002, the Traffic Injury Research …
Court Review: Volume 40, Issue 2 - Editor's Note
Court Review: Volume 40, Issue 2 - Editor's Note
Court Review: The Journal of the American Judges Association
We begin this issue by reprinting Burke’s remarks at the Rehnquist Award ceremony. Burke tries to identify the key ingredients needed to let a court fulfill its promise to the public. His list includes fairness and respect, listening and understanding, and accountability. We think you’ll find his comments of interest. We invite your response, either via a letter to the editor or a responsive essay.
Court Review: Volume 40, Issue 2 - Complete Issue
Court Review: Volume 40, Issue 2 - Complete Issue
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 2 - The Resource Page
Court Review: Volume 40, Issue 2 - The Resource Page
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 2 - A Court And A Judiciary That Is As Good As Its Promise, Kevin S. Burke
Court Review: Volume 40, Issue 2 - A Court And A Judiciary That Is As Good As Its Promise, Kevin S. Burke
Court Review: The Journal of the American Judges Association
Today the dissatisfaction with the administration of justice is at a level that none of us should tolerate or accept, for it threatens our democracy as much or more than any terrorist. The nation’s dissatisfaction with the administration of justice is our issue of homeland security. In Pound’s speech, he spoke first of the popular assumption that the administration of justice is an easy task to which anyone is competent. The fact that I am the recipient of the Rehnquist Award proves to many that Pound was correct.
Court Review: Volume 40, Issue 2 - President’S Column, Michael R. Mcadam
Court Review: Volume 40, Issue 2 - President’S Column, Michael R. Mcadam
Court Review: The Journal of the American Judges Association
As I wrote this, the National Center for State Courts had just completed the Eighth Court Technology Conference (CTC8) in Kansas City, Missouri. I was fortunate to be able to participate in CTC8 as your president and as a local host. My thoughts about CTC8 follow several lines of analysis, one about the role of technology in our courts, another about the impact of the National Center, and a third about the international nature of technology.
Court Review: Volume 40, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2002-2003 Term, Charles H. Whitebread
Court Review: Volume 40, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2002-2003 Term, Charles H. Whitebread
Court Review: The Journal of the American Judges Association
In criminal cases, this term of the United States Supreme Court had several important decisions, but no landmark cases. The Court continued to favor law enforcement. One significant development was the substantial impact of section 2254(d) of the Anti-terrorism and Effective Death Penalty Act is having in closing the door of federal courts to state prisoners petitioning for the writ of habeas corpus. Here are several of the important criminal decisions decided this term.
Court Review: Volume 40, Issue 1 - Cover
Court Review: Volume 40, Issue 1 - Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 1 - Complete Issue
Court Review: Volume 40, Issue 1 - Complete Issue
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 1 - Children As Witnesses: What We Hear Them Say May Not Be What They Mean, David B. Battin, Stephan J. Ceci
Court Review: Volume 40, Issue 1 - Children As Witnesses: What We Hear Them Say May Not Be What They Mean, David B. Battin, Stephan J. Ceci
Court Review: The Journal of the American Judges Association
Children present a special challenge when they become participants in the legal system. Jean Piaget said that the work of a child is to play. That is the basis for most interactions between children and adults. The child plays and the consequences of that play are unimportant to adult affairs—that is, unless the child is under the age of 6 or 7 and is required to serve as a witness. In that situation the consequences of what the child says or chooses not to say can be truly significant. The special challenge for adults hearing the child’s testimony is to …
Court Review: Volume 40, Issue 1 - Resource Page
Court Review: Volume 40, Issue 1 - Resource Page
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 1 - Table Of Contents
Court Review: Volume 40, Issue 1 - Table Of Contents
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 1 - A Survey Of Judges’ Knowledge And Beliefs About Eyewitness Testimony, Richard A. Wise, Martin A. Safer
Court Review: Volume 40, Issue 1 - A Survey Of Judges’ Knowledge And Beliefs About Eyewitness Testimony, Richard A. Wise, Martin A. Safer
Court Review: The Journal of the American Judges Association
Forensic DNA testing suggests that potentially large numbers of innocent persons are being convicted of crimes. Case studies conducted both prior to and following the advent of DNA testing indicate that eyewitness error is at least partially responsible for the majority of wrongful convictions. Empirical research has shown which factors contribute to eyewitness error and has identified procedural changes that could be made in the criminal justice system to significantly reduce the number of erroneous eyewitness identifications. We report the results of a brief survey of what U.S. judges know and believe about eyewitness testimony. The present survey highlights what …
Court Review: Volume 40, Issue 1 - Recent Civil Decisions Of The United States Supreme Court: The 2002-2003 Term, Charles H. Whitebread
Court Review: Volume 40, Issue 1 - Recent Civil Decisions Of The United States Supreme Court: The 2002-2003 Term, Charles H. Whitebread
Court Review: The Journal of the American Judges Association
The past term of the United States Supreme Court was dramatic, unexpected, and produced constitutional decisions that affect the nature and fabric of our society. The term had three or four “star” cases: the approval of affirmative action, the striking down of bans on gay sexual relations, the U-turn in the Court’s federalism revolution, and the restriction on punitive damage awards. These decisions and the other rulings in constitutional law outside the criminal field made up the bulk of the Court’s opinions for the 2002-2003 term.
Court Review: Volume 40, Issue 1 - Editor's Note
Court Review: Volume 40, Issue 1 - Editor's Note
Court Review: The Journal of the American Judges Association
The lead article in this issue gives you a chance to test your beliefs about what leads to accurate—or to mistaken—eyewitness testimony. For 14 separate propositions on which research has given relatively clear answers, researchers Richard Wise and Martin Safer summarize the conclusions of researchers in the field. They also report the results of a survey of judges that tested judicial knowledge in these 14 areas, plus a few others. Thus, a review of this article will let you compare your knowledge both to other judges and to the best research available today.
Court Review: Volume 40, Issue 1 - President's Column, Michael R. Mcadam
Court Review: Volume 40, Issue 1 - President's Column, Michael R. Mcadam
Court Review: The Journal of the American Judges Association
I’m very honored and humbled to be your President. The American Judges Association is a special organization with special attributes that no other judicial organization possesses. We are uniquely an association of judges, run by judges, for judges. And, we are uniquely an independent association of all judges. Every other judicial organization that I’m aware of has either a limited membership criterion (trial judges, Missouri judges, juvenile judges, federal judges, appellate judges, presiding judges, etc.) or it has an open membership but is controlled by someone else and is divided into impervious sections. These are all important and vital associations …
Court Review: Volume 39, Issue 4 - The Ignition Interlock System: An Evidentiary Tool Becomes A Sentencing Element, Andrew Fulkerson
Court Review: Volume 39, Issue 4 - The Ignition Interlock System: An Evidentiary Tool Becomes A Sentencing Element, Andrew Fulkerson
Court Review: The Journal of the American Judges Association
Technology is becoming an increasingly pervasive aspect of the criminal justice system. One of the earliest technological innovations in the investigation of crimes was the use of fingerprints for identification of suspects. Fingerprinting began as an investigatory tool and by the early 20th century was accepted as scientific evidence in court proceedings. Courts now increasingly rely upon expert witnesses to explain scientific evidence, which is often critical in the decision- making process for criminal and civil courts. While technology has routinely been utilized as both investigatory and evidentiary devices, only in the last decade has a technological device made the …
Court Review: Volume 39, Issue 4 - Table Of Contents
Court Review: Volume 39, Issue 4 - Table Of Contents
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 4 - Cover
Court Review: Volume 39, Issue 4 - Cover
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 4 - The Day Sars Came To Town: The Court’S Role In Preventing Epidemics, Ian B. Cowan
Court Review: Volume 39, Issue 4 - The Day Sars Came To Town: The Court’S Role In Preventing Epidemics, Ian B. Cowan
Court Review: The Journal of the American Judges Association
PROTOCOL FOR HPPA APPLICATIONS IN THE DAVIS COURT BY THE MEDICAL OFFICER OF HEALTH
Court Review: Volume 39, Issue 4 - President’S Column, Francis X. Halligan Jr.
Court Review: Volume 39, Issue 4 - President’S Column, Francis X. Halligan Jr.
Court Review: The Journal of the American Judges Association
Upon assuming the presidency of the American Judges Association at the 2002 Annual Conference in Maui, I indicated that it was one of my goals for the AJA to have a greater participation in the activities of the United Nations. We have an association with the U.N. as a Non-Governmental Organization (NGO) affiliate.
Court Review: Volume 39, Issue 4 - Complete Issue
Court Review: Volume 39, Issue 4 - Complete Issue
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 4 - Index
Court Review: Volume 39, Issue 4 - Index
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 4 - Helping The Pro Se Litigant: A Changing Landscape, Paula Hannaford-Agor
Court Review: Volume 39, Issue 4 - Helping The Pro Se Litigant: A Changing Landscape, Paula Hannaford-Agor
Court Review: The Journal of the American Judges Association
For several years, judges, court staff, and a growing number of lawyers have recognized that at least one party is not represented by a lawyer in a sizeable portion of family law and smaller civil cases. Often both parties are self-represented. Two underlying factors associated with self-represented litigation— the relative scarcity of affordable legal services and an increased “do-it-yourself” attitude by many litigants—are fairly self-evident. What is less clear is how best to ensure that these litigants have sufficient access to the justice system to be able to resolve legal problems fairly and effectively. Courts and legal service providers have …
Court Review: Volume 39, Issue 4 - The Ignition Interlock System: An Evidentiary Tool Becomes A Sentencing Element, Andrew Fulkerson
Court Review: Volume 39, Issue 4 - The Ignition Interlock System: An Evidentiary Tool Becomes A Sentencing Element, Andrew Fulkerson
Court Review: The Journal of the American Judges Association
Technology is becoming an increasingly pervasive aspect of the criminal justice system. One of the earliest technological innovations in the investigation of crimes was the use of fingerprints for identification of suspects. Fingerprinting began as an investigatory tool and by the early 20th century was accepted as scientific evidence in court proceedings. Courts now increasingly rely upon expert witnesses to explain scientific evidence, which is often critical in the decision- making process for criminal and civil courts. While technology has routinely been utilized as both investigatory and evidentiary devices, only in the last decade has a technological device made the …
Court Review: Volume 39, Issue 4 - Resource Page
Court Review: Volume 39, Issue 4 - Resource Page
Court Review: The Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 4 - The Federal Sentencing Guidelines: An Infectious Antidote, Rosalind Alexis Sargent
Court Review: Volume 39, Issue 4 - The Federal Sentencing Guidelines: An Infectious Antidote, Rosalind Alexis Sargent
Court Review: The Journal of the American Judges Association
Why should a bank robber in California get a different sentence than a bank robber in Texas? This was the rallying cry behind the legislative implementation of the Federal Sentencing Guidelines. The Senate Judiciary Committee found that a major source of the astounding variations in federal sentencing for identical crimes was the “judge factor.” Federal judges had the discretion to select a sentence from anywhere within a broad statutory range for each offense. The judge had the sole responsibility of assessing each individual offender and deciding where, within that broad range, the offender should receive a sentence. As a result, …
Court Review: Volume 39, Issue 4 - Editor's Note
Court Review: Volume 39, Issue 4 - Editor's Note
Court Review: The Journal of the American Judges Association
Before describing each of the articles in this issue, let me take a moment to comment on the sorts of problems that arise in editing a journal intended for both a United States and Canadian audience. The American Judges Association was formed in the United States and has most of its members there. It also has a substantial—and growing—membership in Canada. As our Canadian readers are well aware, there are some differences in the way the English language is used in Canada and in the United States. (For an entertaining and enlightening discussion of some of the differences, prepared by …