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Articles 181 - 210 of 309
Full-Text Articles in Jurisprudence
Court Review: Volume 41, Issue 2 - Judicial Independence In The Municipal Court: Preliminary Observations From Missouri, Lawrence G. Myers
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 - Editor's Note
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 - The Challenge Of Funding State Courts In Tough Fiscal Times, Michael L. Buenger
Court Review: Volume 41, Issue 2 - The Challenge Of Funding State Courts In Tough Fiscal Times, Michael L. Buenger
Court Review: Journal of the American Judges Association
It has been described as the worst state fiscal crisis since the end of World War II, with officials from across the country likening it to a “perfect storm,” “the Incredible Hulk of budget deficits,” and a “problem of historic proportions.” Beginning in 2001, almost every state experienced a deep fiscal crisis that placed funding of critical services in jeopardy and rendered many previously hallowed programs subject to draconian cuts, if not outright elimination. The fiscal crisis was particularly traumatic for court systems receiving all or a significant portion of their funding directly from state governments. In response to the …
Court Review: Volume 41, Issue 2 - Letters
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 - Complete Issue
Court Review: Volume 41, Issue 2 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 41, Issue 2 - Some Thoughts On The Problems Of Judicial Elections, Jeffrey Rosinek
Court Review: Volume 41, Issue 2 - Some Thoughts On The Problems Of Judicial Elections, Jeffrey Rosinek
Court Review: Journal of the American Judges Association
Election season is within sight again, and with it come the obligatory attacks on the judiciary. Some call it simply campaigning or electioneering, while others believe it is more serious and a form of “judge bashing.” Whatever name the problems are given, the entire election process may have a marked effect on the independence of our judiciary, as well as the ethics of judges and judicial candidates. And in the end, because these problems affect the public’s faith in the judicial system, they must be addressed.
Court Review: Volume 41, Issue 1 - President's Column, Michael R. Mcadam
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 - Recent Evaluative Research On Jury Trial Innovations, B. Michael Dunn, Valerie P. Hans
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 - Editor's Note
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 - Table Of Contents
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
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 - Jurors’ Unanswered Questions, Shari Seidman Diamond, Mary R. Rose, Beth Murphy
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 - Directory Of Officers And Board Of Governors, 2003-2004
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 - Cover
Court Review: Volume 41, Issue 1 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 41, Issue 1 - Complete Issue
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 - Recent Criminal Decisions Of The United States Supreme Court: The 2003-2004 Term, Charles H. Whitebread
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 - The Resource Page
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 - The Resource Page
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 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: 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: 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 - 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: 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 - Cover
Court Review: Volume 40, Issue 2 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 40, Issue 2 - Complete Issue
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 - 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: 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 - Table Of Contents
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 - Editor's Note
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 1 - Table Of Contents
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 - 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: 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 - Editor's Note
Court Review: Volume 40, Issue 1 - Editor's Note
Court Review: 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: 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 …