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Full-Text Articles in Jurisprudence

Court Review: Volume 41, Issue 2 - Judicial Independence In The Municipal Court: Preliminary Observations From Missouri, Lawrence G. Myers Jul 2004

Court Review: Volume 41, Issue 2 - Judicial Independence In The Municipal Court: Preliminary Observations From Missouri, Lawrence G. Myers

Court Review: Journal of the American Judges Association

Preliminary results from a recent survey of the municipal courts in Missouri show significant structural and attitudinal barriers to judicial independence. The results are preliminary in light of the deadline for this issue: only a relatively short time was available to analyze the responses before submitting this article. Even the early returns suggest real problems, however.


Court Review: Volume 41, Issue 2 - Recent Civil Decisions Of The U.S. Supreme Court: The 2003-2004 Term, Charles H. Whitebread Jul 2004

Court Review: Volume 41, Issue 2 - Recent Civil Decisions Of The U.S. Supreme Court: The 2003-2004 Term, Charles H. Whitebread

Court Review: Journal of the American Judges Association

The civil cases decided by the United States Supreme Court during its last term were headlined by its decisions reasserting the rule of law in the context of detainees in the war on terrorism. In addition, the Court handed down a number of decisions on civil rights, the First Amendment, federalism, presidential power, and civil statutory interpretation. We review those cases here.


Court Review: Volume 41, Issue 2 - Editor's Note Jul 2004

Court Review: Volume 41, Issue 2 - Editor's Note

Court Review: Journal of the American Judges Association

This issue is focused on judicial independence. On the next page, Mike McAdam, the president of the American Judges Association, explains how it developed that a National Forum on Judicial Independence would be a part of this year’s AJA annual conference. We’re pleased to present this special issue of Court Review, which is intended to stimulate discussion at the conference and to bring the members who couldn’t attend into the process.


Court Review: Volume 41, Issue 2 - President’S Column, Michael R. Mcadam Jul 2004

Court Review: Volume 41, Issue 2 - President’S Column, Michael R. Mcadam

Court Review: Journal of the American Judges Association

This special edition of Court Review will be devoted to the critical issue of judicial independence. The articles contained here were solicited as part of the National Forum on Judicial Independence, which will take place at the AJA’s 44th annual educational conference in San Francisco. For those attending the conference, these papers will be an integral element of the Forum and will be discussed and debated in San Francisco by the authors and conference attendees. For those who can’t attend the Forum, these articles present excellent analysis by respected judicial professionals about various aspects of the concept of judicial independence.


Court Review: Volume 41, Issue 2 - Letters Jul 2004

Court Review: Volume 41, Issue 2 - Letters

Court Review: Journal of the American Judges Association

A Judiciary as Good as Its Promise

The Unchanging Role of the Judge


Court Review: Volume 41, Issue 2 - The Resource Page Jul 2004

Court Review: Volume 41, Issue 2 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 41, Issue 1 - Recent Criminal Decisions Of The United States Supreme Court: The 2003-2004 Term, Charles H. Whitebread May 2004

Court Review: Volume 41, Issue 1 - Recent Criminal Decisions Of The United States Supreme Court: The 2003-2004 Term, Charles H. Whitebread

Court Review: Journal of the American Judges Association

The United States Supreme Court this term reasserted the rule of law in the context of the detainees in the war on terrorism. At the same time, this was a term of unanswered questions. The Court handed down several decisions that had far-reaching implications that were not addressed by the Court’s opinions. Two cases with the greatest practical input on the day-to-day administration of justice were criminal cases: Crawford v. Washington, concerning the admissibility of hearsay at criminal trials, and Blakely v. Washington, regarding the proper role of judges and juries in determining aggravating factors that justify harsher sentences. Each …


Court Review: Volume 41, Issue 1 - Complete Issue May 2004

Court Review: Volume 41, Issue 1 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 41, Issue 1 - Cover May 2004

Court Review: Volume 41, Issue 1 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 41, Issue 1 - Directory Of Officers And Board Of Governors, 2003-2004 May 2004

Court Review: Volume 41, Issue 1 - Directory Of Officers And Board Of Governors, 2003-2004

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 41, Issue 1 - Table Of Contents May 2004

Court Review: Volume 41, Issue 1 - Table Of Contents

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 41, Issue 1 - Jury Trial Innovations: Charting A Rising Tide, Gregory A. Mize, Christopher J. Connelly May 2004

Court Review: Volume 41, Issue 1 - Jury Trial Innovations: Charting A Rising Tide, Gregory A. Mize, Christopher J. Connelly

Court Review: Journal of the American Judges Association

Recently the United States Supreme Court has instructed us that any contested fact, other than a prior conviction, that increases the penalty for a crime must be determined by a jury. In addition, the highest court for the Commonwealth of Virginia has determined that, in capital cases, a claimed defense of mental retardation raises a jury question. Whether it is a case prompted by these high court rulings, one of the many accounting fraud prosecutions in New York, or scientific evidence presented in a products liability action in the Midwest, the American jury is repeatedly being called upon to make …


Court Review: Volume 41, Issue 1 - Recent Evaluative Research On Jury Trial Innovations, B. Michael Dunn, Valerie P. Hans May 2004

Court Review: Volume 41, Issue 1 - Recent Evaluative Research On Jury Trial Innovations, B. Michael Dunn, Valerie P. Hans

Court Review: Journal of the American Judges Association

During the past decade, state jury reform commissions, many individual federal and state judges, and jury scholars have advocated the adoption of a variety of innovative trial procedures to assist jurors in trials. These include reforms as prosaic as allowing juror note taking and furnishing jurors with copies of written instructions, through more controversial changes, such as allowing jurors to ask questions of witnesses or permitting them to discuss the case together during breaks in the trial. Accounts of the nature and purpose of the innovations and the pace of change are found in this issue of Court Review1 and …


Court Review: Volume 41, Issue 1 - Jurors’ Unanswered Questions, Shari Seidman Diamond, Mary R. Rose, Beth Murphy May 2004

Court Review: Volume 41, Issue 1 - Jurors’ Unanswered Questions, Shari Seidman Diamond, Mary R. Rose, Beth Murphy

Court Review: Journal of the American Judges Association

American courts have rediscovered what was familiar at common law. A majority of modern courts now sanction the practice of permitting jurors to submit questions during trial. A procedure that permits jurors to submit questions is consistent with the view that juror questions can promote juror understanding of the evidence and fits with other jury innovations, like note taking and written jury instructions, that aim at optimizing juror comprehension and recall. Nonetheless, the practice of permitting juror questions has not received unanimous endorsement and adoption. Even in jurisdictions that authorize juror questions during trial, the ultimate decision as to whether …


Court Review: Volume 41, Issue 1 - Editor's Note May 2004

Court Review: Volume 41, Issue 1 - Editor's Note

Court Review: Journal of the American Judges Association

One of the challenges faced by a journal serving a specialized audience, like judges, is to balance general-interest articles with ones on a single topic. Some topics are of sufficient significance, though, that we will devote most or all of an issue of Court Review to that topic. When we do this, we work hard to find authors who are in the forefront of work in that area. For this issue on jury reform, we think you’ll be pleased with the result. The authors who have contributed to this issue are unquestionably among the top experts in the field.


Court Review: Volume 41, Issue 1 - President's Column, Michael R. Mcadam May 2004

Court Review: Volume 41, Issue 1 - President's Column, Michael R. Mcadam

Court Review: Journal of the American Judges Association

My travels this year have given me the opportunity to spread the word about the benefits of AJA membership. My message has been simple: Every judge needs to belong to a national judges’ organization that represents all judges, not just a narrow section or division of judges and not just a bar association with a small minority of judge members. Those kinds of organizations have a role to play, but they can’t speak beyond their narrow focus or with one voice. The AJA can do both.


Court Review: Volume 41, Issue 1 - The Resource Page May 2004

Court Review: Volume 41, Issue 1 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 40, Issue 2 - President’S Column, Michael R. Mcadam Jul 2003

Court Review: Volume 40, Issue 2 - President’S Column, Michael R. Mcadam

Court Review: 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 - A Court And A Judiciary That Is As Good As Its Promise, Kevin S. Burke Jul 2003

Court Review: Volume 40, Issue 2 - A Court And A Judiciary That Is As Good As Its Promise, Kevin S. Burke

Court Review: 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 - Complete Issue Jul 2003

Court Review: Volume 40, Issue 2 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 40, Issue 2 - Cover Jul 2003

Court Review: Volume 40, Issue 2 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review; Volume 40, Issue 2 - Table Of Contents Jul 2003

Court Review; Volume 40, Issue 2 - Table Of Contents

Court Review: 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 Jul 2003

Court Review: Volume 40, Issue 2 - Judicial Report On The Adjudication And Sanctioning Of Hard-Core Drinking Drivers, Robyn Robertson, Herb Simpson

Court Review: 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 - Recent Criminal Decisions Of The United States Supreme Court: The 2002-2003 Term, Charles H. Whitebread Jul 2003

Court Review: Volume 40, Issue 2 - Recent Criminal Decisions Of The United States Supreme Court: The 2002-2003 Term, Charles H. Whitebread

Court Review: 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 2 - Editor's Note Jul 2003

Court Review: Volume 40, Issue 2 - Editor's Note

Court Review: 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 - The Resource Page Jul 2003

Court Review: Volume 40, Issue 2 - The Resource Page

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 40, Issue 1 - Complete Issue May 2003

Court Review: Volume 40, Issue 1 - Complete Issue

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 40, Issue 1 - Cover May 2003

Court Review: Volume 40, Issue 1 - Cover

Court Review: Journal of the American Judges Association

No abstract provided.


Court Review: Volume 40, Issue 1 - Table Of Contents May 2003

Court Review: Volume 40, Issue 1 - Table Of Contents

Court Review: 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 May 2003

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: 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 …