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Articles 211 - 240 of 309
Full-Text Articles in Jurisprudence
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 - 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: 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: 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 …
Court Review: Volume 40, Issue 1 - Resource Page
Court Review: Volume 40, Issue 1 - Resource Page
Court Review: 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: 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: 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 - 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: 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 - 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: 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 - 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: 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 - Complete Issue
Court Review: Volume 39, Issue 4 - Complete Issue
Court Review: 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: 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: 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 - Editor's Note
Court Review: Volume 39, Issue 4 - Editor's Note
Court Review: 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 …
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: 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 - Resource Page
Court Review: Volume 39, Issue 4 - Resource Page
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 4 - Table Of Contents
Court Review: Volume 39, Issue 4 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 3 - Going To Scale: A Conversation About The Future Of Drug Courts, Greg Berman
Court Review: Volume 39, Issue 3 - Going To Scale: A Conversation About The Future Of Drug Courts, Greg Berman
Court Review: Journal of the American Judges Association
Drug courts are the most prominent example of a wave of “problem-solving” innovation that has sought to change the way courts operate in this country. Alongside drug courts, domestic violence courts, community courts, family treatment courts, mental health courts, and other specialized courts are using the authority of the judicial branch in new ways—in an effort to improve outcomes for victims, communities, and defendants. These problem-solving courts employ new tools and new methods— such as requiring defendants to appear regularly before judges to report on their compliance with court orders, or adding social scientists, drug treatment counselors, and other service …
Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger
Court Review: Volume 39, Issue 3 - Trial By Metaphor: Rhetoric, Innovation, And The Juridical Text, Benjamin L. Berger
Court Review: Journal of the American Judges Association
The judicial decision-making process is not one for which resolution arises from counting, measuring, or weighing. Rather, the courtroom is a field for debate about the interpretation and application of values as embodied in or reflected by the law. Decisions reached in court are judgments and not mathematical conclusions in that the inherently contestable nature of the issues at stake precludes an outcome that is selfevident to all. As such, although there is an element of factfinding that emerges in a judicial opinion, there is also always a subjective valuation of the principles at stake; to draw on Socrates, there …
Court Review: Volume 39, Issue 3 - Complete Issue
Court Review: Volume 39, Issue 3 - Complete Issue
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 3 - Cover
Court Review: Volume 39, Issue 3 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 3 - Table Of Contents
Court Review: Volume 39, Issue 3 - Table Of Contents
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 3 - Concluding A Successful Settlement Conference: It Ain’T Over Till It’S Over, Morton Denlow
Court Review: Volume 39, Issue 3 - Concluding A Successful Settlement Conference: It Ain’T Over Till It’S Over, Morton Denlow
Court Review: Journal of the American Judges Association
Have you ever attended a settlement conference and come away thinking the case was settled, only to later find out that your adversary has a different understanding of the settlement terms than you and your client? This is a frustrating experience, but is completely unnecessary. Careful lawyers and judges prevent such confusion by ironing out the details of a settlement at the time an agreement is reached. Leaving specific settlement terms unresolved to a later date may result in an unenforceable settlement or possible litigation to enforce the settlement. Settlement conferences play an important role in the resolution of litigated …
Court Review: Volume 39, Issue 3 - Merit Selection And Retention: The Great Compromise? Not Necessarily, Victoria Cecil
Court Review: Volume 39, Issue 3 - Merit Selection And Retention: The Great Compromise? Not Necessarily, Victoria Cecil
Court Review: Journal of the American Judges Association
In the November 2000 election, the citizens of Florida had the opportunity to switch from the nonpartisan elective system to a merit selection and retention system for selecting trial judges in their respective circuits and counties. Although the majority of Florida voters favored electing their trial judges, this issue has spurred intense debate in the legal community concerning which is the better method for judicial selection. The crux of the debate centers on whether the judiciary should be independent or accountable to the public. On one end of the spectrum, judges are seen as heads of a branch of government …
Court Review: Volume 39, Issue 3 - Editor's Note
Court Review: Volume 39, Issue 3 - Editor's Note
Court Review: Journal of the American Judges Association
The issue begins with an examination of the development of drug courts, the most highly visible of the many “problem-solving courts” developed in recent years. The first drug court was created little more than a decade ago in 1989; today, there are more than 1,200. No doubt there have been many lessons learned along the way, and we try to find—and explore— those lessons in the lead piece in this issue.
Court Review: Volume 39, Issue 3 - President’S Column, Francis X. Halligan Jr.
Court Review: Volume 39, Issue 3 - President’S Column, Francis X. Halligan Jr.
Court Review: Journal of the American Judges Association
Since assuming the presidency in Maui last September, I have been invited to attend numerous meetings of other organizations. The AJA reciprocates by inviting the president of these organizations to attend our meetings. This interaction between the AJA and these organizations provides for a closer working relationship between the respective memberships. Listed below are some of the meetings I have attended and a brief description of what occurred at these conferences.
Court Review: Volume 39, Issue 3 - Resource Page
Court Review: Volume 39, Issue 3 - Resource Page
Court Review: Journal of the American Judges Association
No abstract provided.
Court Review: Volume 39, Issue 2 - The Parenting Of Men Who Batter, Lundy Bancroft
Court Review: Volume 39, Issue 2 - The Parenting Of Men Who Batter, Lundy Bancroft
Court Review: Journal of the American Judges Association
The published research on children’s exposure to domestic violence focuses largely on two aspects of their experience: the trauma of witnessing physical assaults against their mother, and the tension produced by living with a high level of conflict between their parents. As important as these factors are, they reflect only one aspect of many complex problems that typically pervade the children’s daily lives. The bulk of these difficulties have their roots in the fact that the children are living with a batterer present in their home. The parenting characteristics commonly observed in batterers have implications for the children’s emotional and …
Court Review: Volume 39, Issue 2 - Screening For Domestic Violence: Meeting The Challenge Of Identifying Domestic Relations Cases Involving Domestic Violence And Developing Strategies For Those Cases, Julie Kunce Field
Court Review: Journal of the American Judges Association
Domestic abuse is common. It includes emotional and psychological abuse as well as physical assaults. Children are harmed by it, even if they are not the direct victims of the physical violence. Because domestic abuse is so prevalent and its effects are so far-reaching, court personnel must educate themselves to understand domestic violence and determine strategies for handling cases where it is present. Even if domestic violence is present but does not seem to have a direct impact on the case at hand, one should be aware of the power and control dynamics of domestic abuse to provide effective intervention …
Court Review: Volume 39, Issue 2 - Cover
Court Review: Volume 39, Issue 2 - Cover
Court Review: Journal of the American Judges Association
No abstract provided.