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Sample records for juvenile court judge

  1. Juvenile Court Statistics - 1972.

    Science.gov (United States)

    Office of Youth Development (DHEW), Washington, DC.

    This report is a statistical study of juvenile court cases in 1972. The data demonstrates how the court is frequently utilized in dealing with juvenile delinquency by the police as well as by other community agencies and parents. Excluded from this report are the ordinary traffic cases handled by juvenile court. The data indicate that: (1) in…

  2. Juvenile Court Statistics, 1974.

    Science.gov (United States)

    Corbett, Jacqueline; Vereb, Thomas S.

    This report presents information on juvenile court processing of youth in the U.S. during 1974. It is based on data gathered under the National Juvenile Court Statistical Reporting System. Findings can be summarized as follows: (1) 1,252,700 juvenile delinquency cases, excluding traffic offenses, were handled by courts in the U.S. in 1974; (2) the…

  3. Who decides? The decision-making process of juvenile judges concerning minors with mental disorders.

    Science.gov (United States)

    Cappon, Leen

    2016-01-01

    Previous research on juvenile judges' decision-making process has neglected the role of the different actors involved in judicial procedures. The decision can be considered as a result of information exchange between the different actors involved. The process of making a decision is equally important as the decision itself, especially when the decision considers minors with mental disorders. The presence and the type of interaction determine the information available to the juvenile judges to make their final decision. The overall aim of this study is to gain insight into the role of all actors, including the juvenile judge, in the juvenile judge's decision-making process in cases relating to minors with mental disorders. Semi-structured interviews were carried out with professional actors (n=32), minors (n=31) and parents (n=17). The findings indicated that the judge's decision is overall the result of an interaction between the juvenile judge, the social services investigator and the youth psychiatrist. The other professional actors, the minors and the parents had only a limited role in the decision-making process. The research concludes that the judge's decision-making process should be based on dialogue, and requires enhanced collaboration between the juvenile court and youth psychiatrists from mental health services. Future decision-making research should pay more attention to the interactions of the actors that guide a juvenile judge's decision. Copyright © 2016 Elsevier Ltd. All rights reserved.

  4. Abused and Neglected Children in the Juvenile and Family Courts.

    Science.gov (United States)

    White, Patricia J.

    1994-01-01

    Considers dilemma of juvenile and family court judges who decide whether it is in best interest of abused and neglected children to remain with parents or whether foster care or other substitute placement is necessary. Discusses changes in federal and state legislation over past decade. Includes views of children who have been in foster care. (NB)

  5. Juvenile Court Commitments: The Role of Organizational Factors. Discussion Papers. No. 533-79.

    Science.gov (United States)

    Sosin, Michael

    This paper examines the impact of organizational factors on the rate at which juvenile courts commit referred youth to institutions. Analyzing a national sample, the paper demonstrates that both the rate at which cases are handled informally and the rate at which judges commit those youth who appear before them independently influence the overall…

  6. The Impact of Gender on the Processing of Probation Violations and Contempt: A Study of One Juvenile Court

    Directory of Open Access Journals (Sweden)

    M. Dyan McGuire

    2013-12-01

    Full Text Available There is substantial evidence to suggest that in at least some contexts juvenile court judges are circumventing the proscription contained in the Juvenile Justice and Delinquency Prevention Act (“JJDPA”, which prohibits the secure confinement of status offenders, by securely detaining status offenders for contempt.  Some evidence also indicates that gender may influence whether a juvenile is detained as a result of violating a valid court order.  This study seeks to expand existing research by examining what happens to court order violators beyond detention and by explicitly comparing the treatment of court order violators with the treatment of probation violators in terms of detention, adjudication and confinement to shed light on how gender influences these decision points.  While high rates of detention and commitment were uncovered, these results do not suggest that females were more likely to experience these consequences than males.

  7. THE GORONTALO RELIGIOUS COURT JUDGES RESPONSE TOWARD THEIR ABSOLUTE COMPETENCE IN RESOLVING SHARIAH ECONOMY DISPUTES

    Directory of Open Access Journals (Sweden)

    Andi Mardiana

    2015-06-01

    Full Text Available Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and document reviews. The finding of this study revealed that the Gorontalo Religious Courts judges response well to trust laws in handling disputes Shariah economy. In other words, in principle, they are ready to handle disputes Islamic economics. Readiness, such as: the handling disputes Shariah economy is Religious Courts judges authorities and it is a professional responsibility as a judge; Religious Courts formed a special judge to handle falling out or cases of Shariah economy, and Religious Courts judges provides knowledge of Shariah economy without trainings or workshops.

  8. Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts().

    Science.gov (United States)

    Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

    2013-01-01

    In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage framework to analyze 350 hours of ethnographic fieldwork within five problem-solving courts. Problem-solving courts are collaborative organizations with shifting leadership, based on forum. Understanding how the roles of courtroom workgroup actors adapt under the new court model is foundational for effective implementation of these justice processes.

  9. Psychotic Symptomatology in a Juvenile Court Clinic Population

    Science.gov (United States)

    Lewis, Dorothy Otnow; And Others

    1973-01-01

    This report indicating an unexpectedly high incidence of psychotic symptomatology in a population of cases referred to the Juvenile Court Psychiatric Clinic of the Second District of Connecticut, manifests the necessity for juvenile court systems to be made aware of the possibility of psychosis in our delinquent populations. (CS)

  10. Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts1

    OpenAIRE

    Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

    2013-01-01

    In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage fr...

  11. Grounds for the Specialization of Courts and Judges in Russia

    Directory of Open Access Journals (Sweden)

    Lydia Terekhova

    2014-01-01

    Full Text Available This article touches upon the different ways of specialization of courts and judges that exist under the legislation of the Russian Federation. The lack of a unified and circumspect approach is noted. The formation of specialized courts, according to the national legislation, takes the form of their establishing within the existing subsystems of regular and arbitration courts. As for the specialization of judges, it is more diversified and is presented by either creation of separate types of procedure (special proceedings, proceedings on cases arising from public relations and some other, or by introduction of special rules on jurisdiction that establish competence of specific courts to consider cases of a particular category: on the compensation for the excessive time taken to consider a case, on the adoption of a child by a foreign national and others.An analysis of existing literature on the issue in question shows that Russian scholars support the idea of judges’ specialization. Against specialization of courts the following arguments are brought: significant material costs, not being in accordance with the small number of cases decided by specialized courts; problems with access to justice; and the necessity to give special training to narrowly specialized judges.

  12. Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts1

    Science.gov (United States)

    Portillo, Shannon; Rudes, Danielle; Viglione, Jill; Nelson, Matthew; Taxman, Faye

    2012-01-01

    In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the stars front-stage, but play a more supporting role backstage. We use Goffman's front-stage-backstage framework to analyze 350 hours of ethnographic fieldwork within five problem-solving courts. Problem-solving courts are collaborative organizations with shifting leadership, based on forum. Understanding how the roles of courtroom workgroup actors adapt under the new court model is foundational for effective implementation of these justice processes. PMID:23397430

  13. Delinquency Cases in Juvenile Court, 2002. OJJDP Fact Sheet #02

    Science.gov (United States)

    Stahl, Anne L.

    2006-01-01

    This fact sheet presents statistics on delinquency cases processed by juvenile courts in 2002. The number of delinquency cases handled by juvenile courts decreased 11 percent between 1997 and 2002. During this time, the number of person offense cases decreased 2 percent, property offense cases decreased 27 percent, drug law violation cases…

  14. The Gorontalo Religious Court Judges Response Toward Their Absolute Competence in Resolving Shariah Economy Disputes

    OpenAIRE

    Mardiana, Andi; Darwis, Rizal

    2015-01-01

    Post the first amendment of Religious Courts Bill that provides wider authority toward Religious Courts in investigate and decide Islamic economics disputes has responses, whether support or pessimistic, especially among Religious Court judges themselves. This paper examines the Gorontalo Religious Courts judges response about their authority in resolve Shariah economy disputes. This paper is a qualitative descriptive research and the data was collected using observation, interviews and docum...

  15. Legal Bibliography for Juvenile and Family Courts. Supplement 2.

    Science.gov (United States)

    Sheridan, William H.; Freer, Alice B.

    This bibliography provides a listing of journal articles on such topics as: the abused child, adoptions, case decisions, confessions, constitutional law, counsel, court administration and organization, courts, criminal law and procedure, custody, delinquency, domestic relations, due process for juveniles, evidence, family court and family law,…

  16. Money Matters: Cost-Effectiveness of Juvenile Drug Court with and without Evidence-Based Treatments

    Science.gov (United States)

    Sheidow, Ashli J.; Jayawardhana, Jayani; Bradford, W. David; Henggeler, Scott W.; Shapiro, Steven B.

    2012-01-01

    The 12-month cost-effectiveness of juvenile drug court and evidence-based treatments within court were compared with traditional Family Court for 128 substance-abusing/dependent juvenile offenders participating in a 4-condition randomized trial. Intervention conditions included Family Court with community services (FC), Drug Court with community…

  17. Tried as an adult, housed as a juvenile: a tale of youth from two courts incarcerated together.

    Science.gov (United States)

    Bechtold, Jordan; Cauffman, Elizabeth

    2014-04-01

    Research has questioned the wisdom of housing juveniles who are convicted in criminal court in facilities with adult offenders. It is argued that minors transferred to criminal court should not be incarcerated with adults, due to a greater likelihood of developing criminal skills, being victimized, and attempting suicide. Alternatively, it has been suggested that the other option, housing these youth with minors who have committed less serious crimes and who are therefore adjudicated in juvenile courts, might have unintended consequences for juvenile court youth. The present study utilizes a sample of youth incarcerated in one secure juvenile facility, with some offenders processed in juvenile court (n = 261) and others processed in adult court (n = 103). We investigate whether youth transferred to adult court engage in more institutional offending (in particular, violence) and experience less victimization than their juvenile court counterparts. Results indicate that although adult court youth had a greater likelihood of being convicted of violent commitment offenses than juvenile court youth, the former engaged in less offending during incarceration than the latter. In addition, no significant differences in victimization were observed. These findings suggest that the concern about the need for separate housing for adult court youth is unfounded; when incarcerated together, those tried in adult court do not engage in more institutional violence than juvenile court youth. PsycINFO Database Record (c) 2014 APA, all rights reserved.

  18. Juvenile Courts. Creation and development

    Directory of Open Access Journals (Sweden)

    Montserrat GONZÁLEZ FERNÁNDEZ

    2013-11-01

    Full Text Available This paper studies the creation of Juvenile or Children's Courts in Spain, analysing their reasons and aims, as well as the ethical and political connotations present on their way of acting. Their history and the one of the institutions that complement them is built from the legislation, writings and ideas of their promoters.

  19. Parent Group Training Programs in Juvenile Courts: A National Survey

    Science.gov (United States)

    Windell, James O.; Windell, Ellen A.

    1977-01-01

    This survey of juvenile courts across the country indicates that only one of five courts have a parent group program and few use procedures reported in the growing literature relating to changing the behavior of agressive children. (Author)

  20. Parens Patriae and Dispositions in Juvenile Courts. Discussion Paper No. 496-78.

    Science.gov (United States)

    Sosin, Michael

    This paper assesses the parens patriae orientation, which is often considered to be at the core of the operation of juvenile courts, and discovers that existing ideas concerning its role must be revised. In opposition to common theory it appears that parens patriae at best shares influence with a number of other orientations in juvenile courts,…

  1. Credibility of the emotional witness: a study of ratings by court judges.

    Science.gov (United States)

    Wessel, Ellen; Drevland, Guri C B; Eilertsen, Dag Erik; Magnussen, Svein

    2006-04-01

    Previous studies have shown that the emotional behavior displayed during testimony may affect the perceived credibility of the witness. The present study compares credibility ratings by Norwegian court judges with those made by lay people. The participants viewed one of three video-recorded versions of a rape victim's statement, role played by a professional actress. The statement was given in a free-recall manner with one of three kinds of emotions displayed, termed congruent, neutral, and incongruent emotional expression. The results show that, in contrast to lay people, the credibility ratings of court judges and their votes for a guilty verdict were not influenced by the emotions displayed by the witness. Results are discussed in terms of professional expertise.

  2. The participation of juvenile defendants in the youth court. A comparative study of juvenile justice procedures in Europe

    NARCIS (Netherlands)

    Rap, S.E.

    2013-01-01

    This study revolves around the issue of the participation of juvenile defendants in the youth court. The European Court of Human Rights has put forward the notion that defendants should be able to participate effectively in a court hearing. Moreover, in international children’s rights law it is

  3. Effects of Juvenile Court Exposure on Crime in Young Adulthood

    Science.gov (United States)

    Petitclerc, Amelie; Gatti, Uberto; Vitaro, Frank; Tremblay, Richard E.

    2013-01-01

    Background: The juvenile justice system's interventions are expected to help reduce recidivism. However, previous studies suggest that official processing in juvenile court fails to reduce adolescents' criminal behavior in the following year. Longer term effects have not yet been investigated with a rigorous method. This study used propensity…

  4. A Good Friend’: The Role of Peer Networks in Juvenile Treatment Courts

    Directory of Open Access Journals (Sweden)

    Pamela Linden

    2009-03-01

    Full Text Available A primary goal of Juvenile Treatment Courts is participant abstention from the use of alcohol and drugs. The present paper seeks to understand the role of social networks in participant abstention by examining the accounts of peer interactions of 37 current and former youth participants in New York State. This qualitative study found that while severing deviant network ties were involved in abstention in some cases, the dominant theme was the perceived protective role of emotionally close, albeit drug using, peers in supporting abstention. Although most cognitively based adolescent chemical abuse treatment programs explore the role of social networks in youth chemical use and abuse, the findings that youth in Juvenile Treatment Court programs have continued exposure to drugs and alcohol through interaction with their social networks suggest that social network interactions also enter into the discourse taking place within Juvenile Treatment Court settings.

  5. Juvenile Court Commitment Rates: The National Picture.

    Science.gov (United States)

    Sosin, Michael

    There is less geographic variation in the commitment rate of juvenile offenders than is commonly assumed. Apparently, judges across the country develop a similar standard of what percentage of youths they face should be committed. This standard may be similar across the country because it represents broadly shared ideals. However, there is much…

  6. Juvenile mental health courts for adjudicated youth: role implications for child and adolescent psychiatric mental health nurses.

    Science.gov (United States)

    Burriss, F Antoinette; Breland-Noble, Alfiee M; Webster, Joe L; Soto, Jose A

    2011-05-01

    Juvenile mental health courts for adjudicated youth. To describe the role of psychiatric nurses in reducing mental health disparities for adjudicated youth via juvenile mental health courts. ISI Web of Knowledge; Sage Journals Online; HighWire; PubMed; Google Scholar and Wiley Online Library and websites for psychiatric nursing organizations. Years included: 2000-2010. Juvenile mental health courts may provide a positive and effective alternative to incarceration for youth with mental health problems with psychiatric nurses playing a key role in program implementation. © 2011 Wiley Periodicals, Inc.

  7. At the Supreme Court.

    Science.gov (United States)

    Williams, Charles F.

    2000-01-01

    States that in the past juvenile courts afforded children with fewer rights than criminal courts accorded to adults accused of the same crimes. Reviews three U.S. Supreme Court cases that affirmed the constitutional rights of juvenile offenders and changed juvenile court proceedings. Discusses whether the juvenile death penalty violates…

  8. 20 CFR 404.984 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

    ... Council review of administrative law judge decision in a case remanded by a Federal court. (a) General. In... final decision in your case or subsequently considered by the administrative law judge in the... of the Commissioner after remand, or it will remand the case to an administrative law judge for...

  9. The Urgency Of Ijtihad By Judges In Effort Law Invention At The Religion Court In Indonesia

    Directory of Open Access Journals (Sweden)

    Kiljamilawati

    2015-08-01

    Full Text Available The presence of renewals in Islamic law resulting in the emergence of various changes in the social order of Muslims either in relation to ideology political social cultural and so on. It later brings new challenges that must be answered and therefore ijtihad must be continuously made to find a solution to the various problems of new law which is required by Muslims. The type of research is a normative-juridical and empirical research. Normative research is trying to examine the problem of law invention by the judge in the Religion Courts with a case approach. Ijtihad has a very urgent role in efforts to carry out duties as law enforcer and justice by digging follow and understand the legal values that live and develop in the peoples and accommodate the developments of Islamic law. The method of ijtihad by judges in the Religion Court use maqashid al-sharia and maslahah and istihsan method. At the practical level so characteristic inherent in the religion courts persists then should any verdict must include argument of Islamic law sources.

  10. Judging Judges: A Study of U.S. Federal District Court Judges in the 10th Circuit

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    Eli Wald

    2017-12-01

    Full Text Available This paper examines the demographics of federal district court judges in the 10th Circuit. Consistent with the glass-ceiling effect literature in positions of power and influence in the legal profession, the study finds that women judges are under-represented on the 10th Circuit bench compared with their numbers as lawyers in the jurisdictions of the Circuit. However, the study finds that minority judges are over-represented in the Circuit. The paper next explores the relationship between under-representation, over-representation and discrimination. Under-representation that cannot be explained in terms of merit criteria or informed opting out, such as the under-representation of women on the 10th Circuit, strongly suggests the lingering effects of past exclusion and discrimination, as well as the current effects of implicit bias. As demonstrated by the over-representation of minority judges, the political commission process can break through the gender glass-ceiling by over-representing qualified women judges in the short run until their overall numbers better reflect equality. Este artículo examina la demografía de los jueces federales de tribunales de distrito del 10º Circuito. Corroborando la literatura sobre el efecto del techo de cristal en posiciones de poder e influencia en la profesión jurídica, el estudio descubre que las juezas están infrarrepresentadas en el 10º Circuito en comparación con el número de abogadas en las jurisdicciones del Circuito. Sin embargo, el estudio descubre que los jueces de grupos sociales minoritarios están sobrerrepresentados en el Circuito. A continuación, el artículo explora la relación entre la infrarrepresentación, la sobrerrepresentación y la discriminación. La infrarrepresentación que no puede ser explicada en términos de criterios de mérito o de la renuncia informada, como es el caso de la infrarrepresentación de mujeres en el 10º Circuito, apoya fuertemente la idea de que

  11. Best practices: the Utah Youth Suicide Study: best practices for suicide prevention through the juvenile court system.

    Science.gov (United States)

    Gray, Doug; Dawson, Kristin L; Grey, Todd C; McMahon, William M

    2011-12-01

    Utah is among a group of Western Mountain states in which suicide rates among youths are consistently high. The Utah Youth Suicide Study incorporated data from every government agency in Utah, utilizing a statewide Office of the Medical Examiner. A key finding was that 63% of suicide decedents had contact with the juvenile courts. The group developed a best practices model within the juvenile court system for early mental health intervention. Significant cost savings were demonstrated. The model includes screening at-risk teenagers with the Youth Outcome Questionnaire. Treatment includes both psychiatric care and in-home behavioral intervention. Services were effectively delivered on a large scale.

  12. Procedural Reform and the Reduction of Discretion: The Case of the Juvenile Court.

    Science.gov (United States)

    Sosin, Michael

    The issue of controlling discretion in large public institutions is a crucial one in modern society, and procedural legal reforms are often viewed as one tactic of control. Using due process guarantees in juvenile courts as the substantive issue, this paper tests the utility of procedural reform in reducing discretion. Results indicate that…

  13. INDEPENDENSI HAKIM AD-HOC PADA LINGKUNGAN PERADILAN HUBUNGAN INDUSTRIAL / THE JUDICIAL INDEPENDENCE OF AD-HOC JUDGES IN INDUSTRIAL RELATION COURT

    Directory of Open Access Journals (Sweden)

    Muhammad Ishar Helmi

    2017-08-01

    Full Text Available Undang-Undang PPHI mengatur asas penyelesaian perselisihan hubungan industrial dilakukan secara musyawarah mufakat, dengan berprinsip jika terjadi perselisihan antara pekerja/buruh dan pengusaha maka tahap pertama penyelesaian perselisihan tersebut diserahkan pada pihak yang berselisih (bipartit. Ketentuan Pasal 63 ayat (2 dan Pasal 67 ayat (1 huruf f Undang-Undang tersebut mengakibatkan hakim ad-hoc Pengadilan Hubungan Industrial, dalam menjalankan tugas dan tanggung jawabnya memeriksa dan memutus suatu perkara harus mandiri dan lepas dari segala bentuk intervensi lembaga/instansi manapun menjadi terbatasi dan tidak optimal. Hakim ad-hoc Peradilan Hubungan Industrial merupakan hakim yang diusulkan oleh serikat pekerja/serikat buruh, organisasi pengusaha, juga diberhentikan secara hormat oleh serikat pekerja/serikat buruh, organisasi pengusaha tersebut. Hal ini tentunya akan menciderai sistem peradilan yang bebas, tidak memihak dan bersih yang diimpikan karena para hakim akan dikuasai oleh para pihak yang berperkara, karena keberadaan hakim diangkat dan diberhentikan oleh pihak yang akan disidangkan di peradilan hubungan industrial tersebut. PPHI (Industrial Relations Disputes Settlement Act regulates the principle of settlement of industrial relations disputes by consensus, if there is a dispute between employee/workers and employers, the first stage of dispute settlement shall be submitted to disputing party (bipartite settlement. The provisions of Article 63 paragraph (2 and Article 67 paragraph (1 sub-paragraph f of the Act shall result in the ad-hoc judges of the Industrial Relations Court, in carrying out their duties and responsibilities to examine and decide a case shall be independent and kept away from any intervention of any institution. The ad-hoc judges of the Industrial Relations Court is a judge proposed by a trade union, employers organization, also dismissed respectfully by the trade union and the employers organization. This

  14. Diagnostic Labeling in Juvenile Court: How Do Descriptions of Psychopathy and Conduct Disorder Influence Judges?

    Science.gov (United States)

    Murrie, Daniel C.; Boccaccini, Marcus T.; McCoy, Wendy; Cornell, Dewey G.

    2007-01-01

    This study examined the influence of diagnostic criteria and diagnostic labels for psychopathy or conduct disorder on judicial decisions. A national sample of judges (N = 326) rendered hypothetical dispositions based on 1 of 12 mock psychological evaluations. The evaluations varied the presence of 2 sets of diagnostic criteria (antisocial…

  15. The reality of teenage driving: the results of a driving educational experience for teens in the juvenile court system.

    Science.gov (United States)

    Manno, Mariann; Maranda, Louise; Rook, Allison; Hirschfeld, Ryan; Hirsh, Michael

    2012-10-01

    In the United States, one third of all deaths in teens are a result of motor vehicle crashes, accounting for 6,000 deaths annually. Injury Free Coalition for Kids-Worcester in collaboration with Worcester Juvenile Court has developed an interactive program for first-time teenaged driving offenders, Reality Intensive Driver Education (Teen RIDE). This full-day program at the trauma center provides a realistic exposure to the consequences of risky driving behaviors. This article examined the driving offense recidivism rates for Teen RIDE participants versus a comparison group (CG). The intervention group (IG) consists of teenagers between 13 years and 17 years who have been arrested for the first time for a serious driving offense and are sentenced by a Worcester Juvenile Court Judge or Magistrate to the Teen RIDE program. They are required to attend the program as a condition of probation, so attendance is mandatory. Each participant in the IG completed the program and was tracked for driving reoffenses for 6 months after completion of the course. The CG consists of also first-time driving offenders. The CG was matched with the IG with respect to age (13-17 years), sex, and offense type. Springfield, Massachusetts, serves as the site for recruitment of the CG, since it is demographically similar to Worcester but 60 mi away. Students in the CG had no exposure to this program. Each CG member was also tracked for 6 months after arrest. The recidivism rate for Teen RIDE participants 6 months after the course is 6% with 0% reoffending more than once. The CG has a recidivism rate of 56% 6 months after the arrest and 14% have more than one reoffense. The CG is 13.062 (4.296-39.713) times more likely to reoffend, and this is significant (p Teen RIDE program provides an impactful exposure of the consequences of risky driving behaviors to teenaged participants. In addition, Teen RIDE participants are significantly less likely to reoffend after completion of the course

  16. Economic Evaluation of the Juvenile Drug Court/Reclaiming Futures (JDC/RF) Model.

    Science.gov (United States)

    McCollister, Kathryn; Baumer, Pamela; Davis, Monica; Greene, Alison; Stevens, Sally; Dennis, Michael

    2018-07-01

    Juvenile drug court (JDC) programs are an increasingly popular option for rehabilitating juvenile offenders with substance problems, but research has found inconsistent evidence regarding their effectiveness and economic impact. While assessing client outcomes such as reduced substance use and delinquency is necessary to gauge program effectiveness, a more comprehensive understanding of program success and sustainability can be attained by examining program costs and economic benefits. As part of the National Cross-Site Evaluation of JDC and Reclaiming Futures (RF), an economic analysis of five JDC/RF programs was conducted from a multisystem and multiagency perspective. The study highlights the direct and indirect costs of JDC/RF and the savings generated from reduced health problems, illegal activity, and missed school days. Results include the average (per participant) cost of JDC/RF, the total economic benefits per JDC/RF participant, and the net savings of JDC/RF relative to standard JDC.

  17. The Impact of Two Los Angeles County Teen Courts on Youth Recidivism: Comparing Two Informal Probation Programs

    Science.gov (United States)

    Gase, Lauren N; Kuo, Tony; Lai, Elaine; Stoll, Michael A; Ponce, Ninez

    2016-01-01

    Objective This study sought to examine the impact of two Teen Courts operating in Los Angeles County, a juvenile justice system diversion program in which youth are judged by their peers and given restorative sentences to complete during a period of supervision. Methods A quasi-experimental design was used to compare youth who participated in Teen Court (n=112) to youth who participated in another diversion program administered by the Probation Department (the 654 Contract program) (n=194). Administrative data were abstracted from Probation records for all youth who participated in these programs between January 1, 2012 and June 20, 2014. Logistic and survival models were used to examine differences in recidivism - measured as whether the minor had any subsequent arrest or arrests for which the charge was filed. Results Comparison group participants had higher rates of recidivism than Teen Court participants, after controlling for age, gender, race/ethnicity, and risk level. While the magnitude of the program effects were fairly consistent across model specifications (odd ratios comparing Teen Court [referent] to school-based 654 Contract ranging from 1.95 to 3.07, hazard ratios ranging from 1.62 to 2.27), differences were not statistically significant in all scenarios. Conclusions While this study provides modest support for the positive impact of Teen Court, additional research is needed to better understand how juvenile diversion programs can improve youth outcomes. PMID:27547171

  18. Multidimensional Treatment Foster Care for Girls in the Juvenile Justice System: 2-Year Follow-Up of a Randomized Clinical Trial

    Science.gov (United States)

    Chamberlain, Patricia; Leve, Leslie D.; DeGarmo, David S.

    2007-01-01

    This study is a 2-year follow-up of girls with serious and chronic delinquency who were enrolled in a randomized clinical trial conducted from 1997 to 2002 comparing multidimensional treatment foster care (MTFC) and group care (N = 81). Girls were referred by juvenile court judges and had an average of over 11 criminal referrals when they entered…

  19. In the CJEU Judges Trust

    DEFF Research Database (Denmark)

    Mayoral, Juan A.

    2016-01-01

    . A theory is offered in the article, which links national judges' trust in the CJEU to their corporatist identification and profile, to their attitudes towards the EU, and to their beliefs about the CJEU's ability to provide decisions that: 1) offer a clear guidance on European Union law, and 2......This article aims to highlight the relevance of judicial trust in international courts, focusing on national judges' trust in the Court of Justice of the European Union (CJEU). EU scholars have put a great deal of effort into explaining how legal and political factors affect the use of preliminary...

  20. How the European Court «judges» history (to the problem of judicial activism

    Directory of Open Access Journals (Sweden)

    О. П. Євсєєв

    2015-05-01

    Full Text Available Problem setting. It’s striking that even such seemingly distant from political speculations international jurisdictional authority, as the European Court of Human Rights has nolens volens to give not only a legal qualification of the alleged violations, but also a legal assessment of the historical facts presented by the parties or by the Court office. It is significant that this kind of assessment can cause violent reactions, sometimes even more bitter than that which concerns the violation. In the analysis of such cases, referred to as «sensitive», we see the purpose of this article. It should be emphasized that this topic has never been covered in the domestic legal literature. Recent research and publications analysis. It should be pointed out that these estimates are given by the High Court is not arbitrary, and in the context of another, much broader phenomenon, called «judicial activism». In relation to the activities of the European Court identified the phenomenon manifests itself in several forms. First, it can occur when the Court has several options for interpretation in the framework of its case-law, but it goes beyond that - and then his choice has legal effect, destroying the value of the previous precedents. Secondly, it is not always a clear position on procedural matters, as it was in the «Katyn case» (Janovec and others v. Russia. Then the Court was confronted with an event that took place not only before the ratification of the Convention by the Respondent state (1998, but even before it was born (1950, which was indicated in the dissent of the judge from Ukraine Yudkivska.  As a general rule, the Court would have had to reject filed a claim as not corresponding to the criteria ratione temporis, however, the proceedings were not only open, but also culminated in the decision of the full decision, according to which Russia pledged to pay significant compensation to the relatives of the victims. In many respects the

  1. THE DIALOGUE BETWEEN ADMINISTRATIVE COURT AND COURT OF JUSTICE OF THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    Bosilja Britvić Vetma

    2014-01-01

    Full Text Available This paper discusses the dialogue judges between administrative court and Court of Justice of the European Union, and determines the most important elements of this cooperation. Special attention was given preliminary ruling procedure and position of Croatian administrative courts in it. In the following paper, the relationship between tha national administrative courts, the Courts of Justice of the European Union and the European Court of Human Rights after the Treaty of Lisbon. This paper also discusses the solutions adopted in other countries, special attention was paid to the influence of French administrative law on cooperation (dialogue between the courts due to a strong influence on the development of that cooperation.

  2. Does Judge Turnover Affect Judicial Performance?

    DEFF Research Database (Denmark)

    Guerra, Alice; Tagliapietra, Claudio

    2017-01-01

    office to another after three years of mandate, and the law prescribes their transfer after ten years to guarantee their independence. Flaws in the process managing the backlog of outbound judges and the existence of asynchrony between outbound and inbound transfers produce a chain of delays...... to the disposition of court cases. Using a novel dataset on Court of Appeal Districts in Italy (2008–2012), we provide evidence of a strong negative relation between high turnover rates and judicial performance. We find that marginal increases in judge turnover rates lead to a statistically significant decrease...... in judicial performance over two years of time...

  3. Time Standards as a Court Management Tool: The Experience in American State and Local Trial Courts

    OpenAIRE

    David Steelman

    2010-01-01

    As a public institution, the courts must be accountable for their use of a nation’s resources. The institutional independence of the judiciary from political influences and the decisional independence of individual judges in specific cases are intended not for the personal benefit of judges, but for the benefit of the society as a whole and of all those who come before the courts. Indeed, the very legitimacy of government as a whole can be powerfully reinforced by the effective operation of a...

  4. Time Standards as a Court Management Tool: The Experience in American State and Local Trial Courts

    Directory of Open Access Journals (Sweden)

    David Steelman

    2010-04-01

    Full Text Available As a public institution, the courts must be accountable for their use of a nation’s resources. The institutional independence of the judiciary from political influences and the decisional independence of individual judges in specific cases are intended not for the personal benefit of judges, but for the benefit of the society as a whole and of all those who come before the courts. Indeed, the very legitimacy of government as a whole can be powerfully reinforced by the effective operation of an independent judiciary.

  5. Status of Court Management in Switzerland

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2012-12-01

    justice, no such information is available at all. There is also a lack of empirical principles related to the "self-image of judges", i.e. how judges in Switzerland see themselves. Empirical research into the activities of lay judges also remains in its infancy in Switzerland, whereas in other countries, the relevant principles are available. It has, however, been possible to obtain initial findings on the functioning of the federal courts while evaluating the effectiveness of the new federal justice system.

  6. A Jury of Their Peers: A Meta-Analysis of the Effects of Teen Court on Criminal Recidivism.

    Science.gov (United States)

    Bouchard, Jessica; Wong, Jennifer S

    2017-07-01

    Juvenile delinquency has been on the decline for a number of years, yet, juvenile courts continue to assess more than 1 million cases per year. Involvement with the juvenile justice system has been linked to a number of risk factors and consequences that may impact positive youth development; however, evidence-based correctional programs that divert juvenile offenders away from formal processing are limited. Teen Court is a specialized diversion intervention that offers an alternative to traditional court processing for juvenile offenders. Despite the rapid expansion of Teen Courts, there is little comprehensive and systematic evidence available to justify this expansion. This meta-analytic study examines the effects of Teen Court on the recidivism of juvenile offenders. The literature search resulted in the selection of 14 studies, which contributed 18 unique effect sizes with a total sample of 2125 treatment group and 979 comparison group youth. The findings suggest that Teen Court is no more effective at reducing recidivism than (a) formal processing or (b) other diversion programs. Implications of formal and informal court processing for low-risk, first-time young offenders are discussed. The authors draw on the Risk-Need-Responsivity model to provide recommendations for policies and practices.

  7. Researching Justification Texts of a First Instance Court from Assignment to Results and Reporting

    NARCIS (Netherlands)

    Langbroek, Philip; van der Linden - Smith, Tina

    2014-01-01

    Court decisions are reasoned to legitimize them. Lay people seem to understand little of the work of the courts. One of the questions for court administrators and judges is: for whom do judges write their judgments? Is it possible to analyze judicial justification texts with a view to the audiences

  8. Juvenile Delinquency and Teenage Pregnancy: A Comparison of Ecological Risk Profiles among Midwestern White and Black Female Juvenile Offenders

    Science.gov (United States)

    Khurana, Atika; Cooksey, Elizabeth C.; Gavazzi, Stephen M.

    2011-01-01

    The authors examined ecological risk factors associated with teen pregnancy with a sample of 1,190 court-involved female juvenile offenders between 11 and 18 years of age. Data were obtained from five Midwestern juvenile county courts using a recently developed youth risk assessment instrument called the global risk assessment device (GRAD). In…

  9. DISPARITY OF PUNISHMENT AT THE COURT OF THE CRIME OF CORRUPTION

    Directory of Open Access Journals (Sweden)

    Arifuddin -

    2015-07-01

    Full Text Available Research on the judge's ruling against the disparity of offender criminal acts of corruption as well as the factors that influence the occurrence of the judge's verdict, the disparity was held in the Court of a criminal offence, Corruption in the courts, the courts of Makassar Tipikor Tipikor Bandung, with this type of problem identification research perskriptif-shaped, with the descriptive nature of the use of legal normative approach. Primary data obtained through interviews with as many as 15 judges and prosecutors as well as 7 5 academics 3 advocates determination technique done with a sample of secondary data and sampling purporsiv acquired through the study of librarianship is analyzed then qualitatively.The research results showed that determination of the disparity, mistakes and condemnation to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in the great Mahkama occurs because positive Indonesia corruption criminal law that gives broad freedom to determine fault and criminal type (strafsoort both weighs criminal ringannya or (strafmaat to the perpetrator of the criminal offence of corruption all not under the minimum standard of judgment and memlampaui the maximum punishment standards defined in legislation the eradication of criminal acts of corruption. Factors that cause the occurrence of an error or judgment determining the disparity to the perpetrator of the criminal offence of corruption in the courts, the courts of Makassar Tipikor Ti [ikor Jakarta and Bandung Tipikor Court as well as in legal substance Agungadalah Mahkama factor, which gives freedom to the judge in deciding guilt and punishment inflicted to the defendant, politics and power, because the perpetrator of the criminal offence of corruption involves many officials or former officials of the regional social stratification, which is strong in the Association

  10. Towards a More Responsive Judge: Challenges and Opportunities

    Directory of Open Access Journals (Sweden)

    Machteld W. de Hoon

    2014-11-01

    Full Text Available This paper explores the changes that have taken place in the attitude of judges towards their role and tasks as well as actual judicial practices. The result of this exploration is a reflection upon the challenges and opportunities for a new, more responsive judge. The main characteristic of this new judge is that he or she looks beyond the purely legal coordinates of the dispute, in order to discuss which method of dispute resolution (a settlement, a referral to mediation or a court decision is most likely to result in a viable and sustainable solution. These changes in attitude are part of broader developments that have taken place in actual judicial practices. The context in which these changes have occurred helps us to gain a better understanding of the changes, the barriers to change and the opportunities to overcome these challenges. The leading assumption in this research is that during the past ten years there has been an extensive change in the way judges think about their role in dispute resolution and at the same time many judges experience difficulties in applying their new-found understanding to their work in the courts. Our data have been gathered through court observations, interviews and expert meetings. In addition, our analyses are based on relevant literature in the field of judicial dispute resolution (JDR as well as insights from our own previous research projects. We primarily focus on civil and administrative disputes in the Netherlands. Occasionally, we also point to trends and challenges elsewhere.

  11. Soft Regulators, though judges

    NARCIS (Netherlands)

    de Geest, G.G.A.; Dari Mattiacci, G.

    Judges have a tendency to be more demanding than regulators. In the United States, a majority of the courts has adopted the rule that the unexcused violation of a statutory standard is negligence per se. However, the converse does not hold: compliance with regulation does not relieve the injurer of

  12. Past and Future for Management of Courts

    Directory of Open Access Journals (Sweden)

    Bert Maan

    2009-08-01

    Full Text Available This article is written from the perspective of a court president in The Netherlands, a so called civil law country. In theory, in a civil law country, judges and lawyers in civil and commercial cases base their actions on the application of the law and its interpretation. Moreover, in criminal matters, the courts use inquisitorial procedures which differ from the adversarial procedures used in common law countries. The field of court management is not highly developed because of the tension between the need for judicial independence and judicial organization. There are many examples of this tension, including the fact that courts may be subject to budgetary limits which themselves may intrude upon judicial independence. For instance, suppose that a judge believes it necessary to appoint an expert to answer a certain scientific question, but the expert is expensive and budgetary considerations preclude the appointment. When I was involved in the process of the budgets of prosecutors’ offices and courts, this question frequently arose. In an effort to deal with this problem, part of the courts’ budgets were treated as open-ended even though courts rarely spent these open-ended budgets lavishly.

  13. The Role of Sharia Judges in Indonesia: Between the Common Law and the Civil Law Systems

    OpenAIRE

    Alfitri, Alfitri

    2017-01-01

    This article seeks to analyse the role of Religious Courts' (Pengadilan Agama or PA) Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in ...

  14. Law & psychiatry: punishing juveniles who kill.

    Science.gov (United States)

    Appelbaum, Paul S

    2012-10-01

    Punishment of juvenile murderers forces policy makers to weigh the developmental immaturity of adolescents against the heinousness of their crimes. The U.S. Supreme Court has progressively limited the severity of punishments that can be imposed on juveniles, holding that their impulsivity, susceptibility to peer pressure, and more fluid character render them less culpable for their actions. Having eliminated the death penalty as a punishment, the Court recently struck down mandatory life sentences without prospect of parole. The decision is interesting for its emphasis on rehabilitation, opening the door to further restrictions on punitive sentences for juveniles-and perhaps for adults too.

  15. A descriptive study of juvenile family violence: data from intervention order applications in a Childrens Court.

    Science.gov (United States)

    Purcell, Rosemary; Baksheev, Gennady N; Mullen, Paul E

    2014-01-01

    There is increasing recognition that family violence may be perpetrated by juveniles against their parents and siblings, however empirical research regarding the nature and causes of such violence is relatively limited. This study examines juvenile family violence in the context of an Intervention Order (IO) being sought against a relative aged 18years or less. All cases over a 3-year period involving an IO application in a major metropolitan Children's Court in Australia were analysed (n=438). The majority of applicants/victims were parents (78%) and to a lesser extent siblings (11%) and other relatives (9%). Most parents who sought applications were mothers (63%) and one-parent households were over-represented (66%). The majority of defendants/perpetrators were male (69%), though juvenile females constituted a significant minority (31%). Intervention orders were sought to prohibit property damage (61%), physical assaults (59%) and/or threats (53%). According to the victim reports, these behaviours emerged in the context of prolonged behavioural problems (49%), a desire to intimidate the victim (12%) or retaliation (8%). While 44% of IO applications were granted, the majority were not (56%) due to the victim discontinuing the application prior to a formal hearing. Of the orders that were granted, a third (32%) were subsequently reported as having been breached. Juvenile family violence is a serious social problem that requires more systematic research to identify the correlates of this behaviour and effective interventions to prevent or reduce its occurrence. Copyright © 2014. Published by Elsevier Ltd.

  16. The choices judges make - Court rulings, personal values, and legal constraints

    NARCIS (Netherlands)

    van Hees, M.V.B.P.M; Steunenberg, B.

    In this paper we focus on the way in which courts affect public policy. We present a model of judicial behavior that combines insights from theories emphasizing the importance of policy preferences with those suggesting that courts are only motivated by formal-legal criteria. By embedding our model

  17. The Choices Judges Make: Court Rulings, Personal Values, and Legal Constraints

    NARCIS (Netherlands)

    Van Hees, Martin; Steunenberg, Bernard

    2000-01-01

    In this paper we focus on the way in which courts affect public policy. We present a model of judicial behavior that combines insights from theories emphasizing the importance of policy preferences with those suggesting that courts are only motivated by formal-legal criteria. By embedding our model

  18. Introduction. National Courts vis-à-vis EU Law

    DEFF Research Database (Denmark)

    Mayoral, Juan A.; Wind, Marlene

    2016-01-01

    National Courts and EU Law examines both how and why national courts and judges are involved in the process of legal integration within the European Union. As well as reviewing conventional thinking, the book presents new legal and empirical insights into the issue of judicial behaviour...

  19. Civil Justice: Lay Judges in the EU Countries

    Directory of Open Access Journals (Sweden)

    Stefan Machura

    2016-06-01

    Full Text Available Lay judges fulfill important functions for the justice system of a country. In the European Union member states, scholars have analysed the use of lay judges in criminal cases. However, little is known about lay participation in civil justice. The paper introduces commonly cited reasons to have lay judges as well as the principal forms of lay participation and then surveys the EU countries for its implementation in civil cases. Mixed tribunals, involving lay judges under the leadership of a professional judge, are relatively frequent. Several countries have special labour courts or commercial courts with lay members and others have single lay judges, or all-lay judge panels. Roughly a third of the 28 EU member states have no lay participation in civil justice but only three of those have no lay judges in any branch of the courts. Almost all the reasons for including lay decision makers are served somehow by the existing forms, including providing different experiences and perhaps expert knowledge. The article concludes, citing non-EU states and lay participation in criminal and administrative courts as further evidence, that lay judges in one form or another are an element of European legal systems. Los jueces legos cumplen funciones importantes para el sistema de justicia de un país. En los Estados miembro de la Unión Europea, académicos han analizado el uso de jueces legos en casos criminales. Sin embargo, se sabe poco acerca de la participación de los legos en la justicia civil. El artículo presenta las razones que habitualmente se citan para tener jueces legos, así como las formas principales de la participación de legos, para a continuación medir su implementación en casos civiles en los países de la Unión Europea. Son relativamente frecuentes los tribunales mixtos, en los que participan jueces legos, bajo la dirección de un juez profesional. Varios países tienen tribunales laborales especiales o tribunales comerciales con

  20. Changing the constitutional landscape for firearms: the US Supreme Court's recent Second Amendment decisions.

    Science.gov (United States)

    Vernick, Jon S; Rutkow, Lainie; Webster, Daniel W; Teret, Stephen P

    2011-11-01

    In 2 recent cases-with important implications for public health practitioners, courts, and researchers-the US Supreme Court changed the landscape for judging the constitutionality of firearm laws under the Constitution's Second Amendment. In District of Columbia v Heller (2008), the court determined for the first time that the Second Amendment grants individuals a personal right to possess handguns in their home. In McDonald v City of Chicago (2010), the court concluded that this right affects the powers of state and local governments. The court identified broad categories of gun laws-other than handgun bans-that remain presumptively valid but did not provide a standard to judge their constitutionality. We discuss ways that researchers can assist decision makers.

  1. Applying Roper v. Simmons in juvenile transfer and waiver proceedings: a legal and neuroscientific inquiry.

    Science.gov (United States)

    Fabian, John Matthew

    2011-08-01

    In 2005, the U.S. Supreme Court held the death penalty unconstitutional as applied to juveniles in Roper v. Simmons. The Court reasoned that juveniles were less criminally culpable than adults because they lack maturity, they are more vulnerable to peer influence, and their character is not as well formed as that of adults. Although Roper addressed the imposition of the ultimate punishment of death within the context of a juvenile's moral blameworthiness for a crime of murder, this article considers the application of the Court's reasoning in Roper to the issue of juvenile waiver. Specifically, the author asks the question whether Roper's ultimate language distinguishing juveniles from adults in capital cases should apply to the conventional practice of their trial and sentencing as adults. Despite the fact that juvenile transfer is a less serious sanction than the death penalty, this inquiry confronts the traditional objective of the juvenile court system, a system of punishment that was founded on rehabilitation rather than retribution. The author questions whether the punitive objectives of deterrence and retribution are satisfied by juvenile waiver and whether the mitigating effect of adolescence negates the trial of youth as adults.

  2. The Impact of Teen Court on Rural Adolescents: Improved Social Relationships, Psychological Functioning, and School Experiences.

    Science.gov (United States)

    Smokowski, Paul R; Rose, Roderick A; Evans, Caroline B R; Barbee, James; Cotter, Katie L; Bower, Meredith

    2017-08-01

    Teen Court is a prevention program aimed at diverting first time juvenile offenders from the traditional juvenile justice system and reintegrating them into the community. Few studies have examined if Teen Court impacts adolescent functioning. We examined how Teen Court participation impacted psychosocial functioning, social relationships, and school experiences in a sample of 392 rural Teen Court participants relative to two comparison samples, one from the same county as Teen Court (n = 4276) and one from a neighboring county (n = 3584). We found that Teen Court has the potential to decrease internalizing symptoms, externalizing behavior, violent behavior, parent-adolescent conflict, and delinquent friends, and increase self-esteem and school satisfaction.

  3. The Court is dead, long live the courts?: On judicial review in Poland in 2017 and „judicial space” beyond

    OpenAIRE

    Koncewicz, Tomasz Tadeusz

    2018-01-01

    How should Polish judges respond, now that the Constitutional Court is being used in the day-to-day politics, and keeps delivering goods for its political masters? We have to be unequivocal here. Any future decisions taken by the „fake Court” with the “fake” judges sitting on the cases will be marred by invalidity. The ordinary judges will have a valid claim not to follow these rulings. Should they decide to follow decisions made with the participation of, or made by, “fake” judges, their own...

  4. THE INDEPENDENCE OF SOUTH AFRICAN JUDGES: A CONSTITUTIONAL AND LEGISLATIVE PERSPECTIVE

    Directory of Open Access Journals (Sweden)

    Lunga Siyo

    2015-11-01

    Full Text Available Judicial independence is fundamental to democracy. It is in that context that this paper considers whether the existing constitutional and legislative mechanisms provide sufficient judicial independence to South African judges. In so doing, the paper focuses on impartiality, judicial appointments and security of tenure. It also discusses the sensitive matter of complaints and disciplinary proceedings against judges and their removal from office. The issue of the remuneration of judges is also explored. In discussing the challenges facing judicial independence some incidents that have appeared to compromise such independence are highlighted. These include the controversial appointments of Advocate Mpshe as an acting judge in the North West Province in 2010 and Judge Heath as the Head of the Special Investigative Unit (SIU in 2011. The never-ending controversy surrounding the Cape Judge President John Hlophe and his alleged attempts to improperly influence two Constitutional Court judges in a case involving President Jacob Zuma is also highlighted. Another issue that has brought judicial independence into sharp focus is the June 2015 visit to South Africa of Sudan's President Omar al-Bashir, who was on a warrant of arrest from the International Criminal Court (ICC for genocide and war crimes in the Darfur region of Sudan. A decision by the North Gauteng High Court on his presence in South Africa and the attacks on the judiciary made by various government officials as a result are discussed. Several conclusions are drawn but in the main, it is generally concluded that the constitutional and legislative framework adopted by South Africa sufficiently insulates judges from improper influence. However, there have been several notable challenges that particularly relate to judicial appointments and how the JSC has handled certain matters. Irresponsible and uninformed political statements by politicians and unwarranted political attacks on the judiciary

  5. Judges as Fiscal Activists: Can Constitutional Review Shape Public Finance?

    Directory of Open Access Journals (Sweden)

    Kantorowicz Jarosław

    2014-07-01

    Full Text Available The judicialization of politics, or alternatively, politization of the judiciary has been much discussed over the last twenty years. Despite this, the way judges influence fiscal policy outcomes remains, to a large extent, unexplored. This paper attempts, at least partially, to fill this research gap. A judicial (constitutional review constitutes the central element of the current analysis since it is considered as a key institutional device through which Constitutional (Supreme Courts intervene in politics, including public finance. Specifically, this paper seeks to investigate empirically whether there is any systematic pattern according to which judges executing judicial review shape fiscal outcomes. The conceptual framework is based on the strategic interaction model and the assumption that the Constitutional Courts reflect public opinion (i.e. the Court as a majoritarian institution. Some preliminary results for a panel of 24 EU countries in the period 1995–2005 suggest that a strong judicial review correlates with a smaller size of government, measured as government income to GDP.

  6. Supreme Court Appointment Process: Roles of the President, Judiciary Committee, and Senate

    National Research Council Canada - National Science Library

    Rutkus, Denis S

    2007-01-01

    .... Under the Constitution, Justices on the Supreme Court receive lifetime appointments. Such job security in the government has been conferred solely on judges and, by constitutional design, helps insure the Court's independence from the President...

  7. The use of mental health court appearances in supervision.

    Science.gov (United States)

    Redlich, Allison D; Steadman, Henry J; Callahan, Lisa; Robbins, Pamela Clark; Vessilinov, Roumen; Ozdoğru, Asil Ali

    2010-01-01

    A defining feature of mental health courts (MHCs) is the requirement that enrollees appear periodically for status review hearings before the MHC judge. Although the research base on these specialty courts is growing, MHC appearances have yet to be examined. In the present study, the authors followed more than 400 MHC clients from four courts. We examined the number of court appearances that were mandated versus attended, the number of bench warrants issued, and the proportion of court appearances that were made in-custody versus out-of-custody. Finally, we describe and report on the proportion of clients at each court who had graduated, had been terminated, or who were still in the court one year following enrollment. Copyright 2010 Elsevier Ltd. All rights reserved.

  8. FINANCIAL SECURITY OF MILITARY JUDGES IN SOUTH AFRICA ...

    African Journals Online (AJOL)

    Abstract. The status of military courts within the South African judicial system is ... that the question of financial security of military judges is a complex one and ...... that the force of the recommendations of the Commission is weak, as it is entirely.

  9. Judges Awareness, Understanding, and Application of Digital Evidence

    OpenAIRE

    Gary C Kessler

    2011-01-01

    As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence.This paper d...

  10. Domestic Violence Protective Orders: A Qualitative Examination of Judges' Decision-Making Processes.

    Science.gov (United States)

    Agnew-Brune, Christine; Beth Moracco, Kathryn E; Person, Cara J; Bowling, J Michael

    2015-06-17

    Approximately one in three women in the United States experience intimate partner violence (IPV). IPV is associated with long-term negative health consequences; therefore, there is a need to examine potential prevention strategies. Evidence suggests that domestic violence protective orders (DVPOs), a legal intervention that prevents contact between two parties for up to 12 months, are an effective secondary prevention tool. However, because judges have relative autonomy in granting or denying DVPOs, research is needed to examine the processes they use to guide their decisions. The aim of the study was to investigate how District Court judges decide whether to issue a DVPO. Using in-depth interviews with 20 North Carolina District Court judges, the present study addressed three research questions: (a) what factors influence judges' decisions to grant or deny a DVPO, (b) what heuristics or cognitive shortcuts potentially guide their decisions, and (c) what judges worry about when making decisions. Three themes emerged from the data analyses: (a) violent incidents must reach a certain threshold, (b) the presence of children creates competing concerns, and (c) judges worry about the negative impact their decisions may have on the lives of those involved. Recommendations for improving the DVPO issuance process are also discussed. © The Author(s) 2015.

  11. Sentencing Juveniles to Life in Prison: The Reproduction of Juvenile Justice for Young Adolescents Charged with Murder

    Science.gov (United States)

    Singer, Simon I.

    2011-01-01

    In "Roper v. Simmons," the U.S. Supreme Court determined that the sentencing of juveniles to death violated the constitutional amendment against cruel and unusual punishment. Similarly, the Court most recently decided that life without parole for non-homicide offenses is also unconstitutional ("Graham v. Florida," 2010). Part of the reason for the…

  12. The Control of Environment Management Through Administrative Court

    Science.gov (United States)

    Putrijanti, Aju

    2018-02-01

    Environment is important in human life. Conflict of interest comes between development of economy sector, citizenship needs and Governance, as it becomes completely difficult to analyze. The environment's lawsuit is increase from the beginning of the Court established. The duty of Administrative Court are to investigate, decide and settle administrative disputes. The Governance has to pay attention before issuing the Government's decree by put principle of good governance as priority. The issue in this paper is strengthening the role of Administrative Court to maintain the environment reuse by settle environment disputes based on the importance of environment. The administrative decisions in environment field may cause a loss or damage for the people. When the public officer did not put the appreciation to the reuse of environment and principle of good governance, it will become problems. The decision should be environmentally friendly. There should be certified judge to settle the dispute. The method of this research by examines the Judge's verdict in environment disputes, and its relation with regulations and the newest issues. The conclusion is increase the role of the Administrative Court to maintain the environment by law enforcement through settle environment disputes.

  13. Preferences for School Finance Systems: Voters versus Judges.

    Science.gov (United States)

    Campbell, Colin D.; Fischel, William A.

    1996-01-01

    A theory that urges judges to decide that locally financed school systems are unconstitutional holds that courts must implement reforms because the legislative process is dominated by property-rich communities. However, the defeat of a New Hampshire gubernatorial candidate who advocated such reforms contradicts the theory. (JOW)

  14. URGENSI DAN PENGATURAN UU TENTANG CONTEMPT OF COURT UNTUK MENJAMIN HARKAT, MARTABAT DAN WIBAWA PERADILAN

    Directory of Open Access Journals (Sweden)

    Aditya Wisnu Mulyadi

    2015-07-01

    Full Text Available The phenomenon of the Contempt of Court is an event that is rife in Indonesia lately. It is considered to reduce the dignity, majesty and authority of the judiciary and its apparatus. Particularly the dignity and authority of the judge. Attitudes and actions displayed by the search for justice, legal practitioners, the press, political and social organizations, NGOs, academics, judicial commission, as well as various other parties in such a way can be categorized injure the dignity, majesty and authority of the judiciary, good attitude and actions directed against the judicial process, judicial officials, as well as court decisions. Lack of strict legal instruments and adequate to serve as guidelines and benchmarks to judge such a phenomenon is made Contempt of Court always the case. View of the judge is an arm of God would have been contrary to Contempt of Court. The judge in charge of prosecuting and providing justice for justice seekers should not accept the bad treatments. This study is based on normative research method using statutory approach and conceptual approaches. Legislation that used is Law No. 4 of 1985 on the Supreme Court, Code of criminal law, the law book of the law of criminal procedure, the draft book of the Criminal Justice Act 2012 and draft the Code of Criminal Procedure 2012. This research is expected to contribute significantly for the creation benchmarks and appropriate guidelines in terms of the establishment of regulations and legislation on Contempt of Court Act

  15. Guantanamo Detainees: Habeas Corpus Challenges in Federal Court

    National Research Council Canada - National Science Library

    Elsea, Jennifer K; Thomas, Kenneth

    2005-01-01

    .... Lawyers have filed more than a dozen petitions on behalf of some 60 detainees in the District Court for the District of Columbia, where judges have reached conflicting conclusions as to whether...

  16. Federal Judge Orders Showing of Controversial Film.

    Science.gov (United States)

    Flygare, Thomas J.

    1987-01-01

    Reviews a recent court decision in Nebraska regarding the cancellation of a controversial film on the University of Nebraska campus. The film was cancelled after a state senator threatened to close the theater if the movie was shown. The lawsuit alleged the university violated the First Amendment in cancelling the film; the judge ruled for the…

  17. Procedural Justice in Dutch Administrative Court Proceedings

    Directory of Open Access Journals (Sweden)

    André Verburg

    2014-11-01

    Full Text Available In this paper we discuss recent developments in administrative court proceedings in the Netherlands, called the New Approach. Along with developments leading to the New Approach, it became clear that the insights from research on procedural justice deserve particular attention. The goals of the judge's actions in this respect are both that the proceedings are fair and just and that parties perceive the way they are being treated during proceedings as fair and just.Within the New Approach we discern five procedural justice elements: (1 respect, (2 voice and due consideration, (3 some influence on how proceedings will continue, (4 an explanation of how the proceedings will continue and (5 direct interpersonal contact.The introduction of the New Approach shows two important bottlenecks in Dutch administrative court proceedings, which are (i the possible or supposed collision between legally right outcomes and  procedural justice and (ii the lack of uniformity and predictability.Although what we describe and discuss in this paper focuses on the Dutch situation, many of these considerations apply to administrative court proceedings in other countries. The themes and difficulties that face the administrative law judge seem to be common to many countries.

  18. Judges in the Formation of the Nation- State: Professional Experiences, Academic Background and Geographic Circulation of Members of the Supreme Courts of Brazil and the United States

    Directory of Open Access Journals (Sweden)

    Luciano Da Ros

    2010-06-01

    Full Text Available This article compares the career profiles of judges from the highest bodies of the Judiciary in Brazil and the United States of America, examining the biographies of all the ministros of the Supreme Court of Justice (Empire and of the Supreme Federal Tribunal (Republic in Brazil, and of all the justices of the Supreme Court of the United States, appointed until 2008 in both cases. Based on the sociology of political elites perspective, the article examines data concerning academic background, geographic circulation and the different professional experiences — legal, political and linked to the administration of the State’s coercive activity (police or military — lived through by future members of the Supreme Courts of Brazil and the United States so as to identify the types of individuals recommended to join the top bodies of the Judiciary in the two countries. In this sense, different State-building processes are identified on the basis of the examination of Brazilian and US judicial elites, suggesting a more fragmented and diverse trajectory in the case of US justices, and greater homogeneity and centralization in the case of their Brazilian counterparts.

  19. Judging Money: When Courts Decide How to Spend Taxpayer Dollars

    Science.gov (United States)

    Dunn, Josh; Derthick, Martha

    2007-01-01

    Since the 1970s, proponents of greater spending in disadvantaged school districts have pursued their goal through litigation in state courts. They have brought suits in 45 of the 50 states. These suits began with claims of equity, which sought to redistribute revenues from rich to poor districts. Disappointed with the results, within a decade the…

  20. Mapping Judicial Dialogue across National Borders: An Exploratory Network Study of Learning from Lobbying among European Intellectual Property Judges

    Directory of Open Access Journals (Sweden)

    Emmanuel Lazega

    2012-05-01

    Full Text Available This paper looks at dialogue and collective learning across borders through personal networks of judges. We focus on judges participating in the Venice Forum, bringing together European patent judges involved in institutional lobbying for the construction of a European Patent Court. Empirical observation shows that personal networks of discussion with foreign judges, reading of their work and references to their decisions do exist in this milieu and can be mapped. Our network study shows that judges from some European countries are more active in this dialogue than judges from other countries. The learning process is driven, to some extent, by a small subset of super-central judges who frame this dialogue and can be considered to be opinion leaders in this social milieu. We measure a strong level of consensus among the judges on several controversial issues surrounding the procedure of a possible future European Patent Court. But strong differences between them remain. Dialogue and collective learning do not, by themselves, lead to convergence towards a uniform position in these controversies.

  1. Financial security of military judges in South Africa | Tshivhase ...

    African Journals Online (AJOL)

    The status of military courts within the South African judicial system is uncertain. This uncertainty makes it challenging to determine the acceptable degree of their independence, including determining the acceptable basic financial security of military judges. In Van Rooyen v The State (2002) 5 SA 246 (CC), the ...

  2. From text to talk in criminal court: Prosecuting, defending, and examining the evidence

    NARCIS (Netherlands)

    Houwen, F.; Sneijder, P.W.J.

    2014-01-01

    In this article we analyze how prosecutors, lawyers and judges refer to the case file. Because witnesses are rarely heard again in Dutch criminal court, understanding how their written voices are re-animated in court is of importance. Lawyers and prosecutors select quotations and introduce these in

  3. The need for scientists and judges to work together: regarding a new European network

    Science.gov (United States)

    Santosuosso, Amedeo; Redi, Carlo Alberto

    2003-01-01

    Is it always true to say that science is, by definition, universal whilst laws and the courts which apply them are a classic state and national expression? Yes and no. In recent years a new scenario has opened all over the world. Courts intervene more and more in disputes on matters related to scientific procedures in the biological field. In doing so the courts' decisions are affected by scientific issues and ways of reasoning and, on the other hand, affect the scientific field and its way of reasoning. While the old matter of bioethics was still alive and while judges were improving their skill in dealing with hard matters, like refusal of medical treatments, abortion, euthanasia et cetera, a new challenge appeared on the horizon, the challenge of biological sciences, and especially of the most troubled field of human genetics. A completely new awareness is developing among judges that they belong to an international judiciary community, as informal as it is real. Such a community is, even at an embryonic stage, sufficiently universal to be able to come together with the international scientific community. The authors maintain we are in urgent need for new interaction between judges and scientists and of new international means in the light of such cooperation. Judges and jurists need to become better acquainted with scientific questions and learn to exchange ideas with scientists. They also need to set themselves against the latters' conceptual systems and be willing to put their own up for discussion. A European Network for Life Sciences, Health and the Courts is taking its first steps, and judges and scientists are working side by side to tackle the new challenges. The provisional headquarters are located at the University of Pavia (I), Laboratorio di Biologia dello Sviluppo and Collegio Ghislieri (e-mail:. enlsc@unipv.it). ENLSC activity is inspired by the following idea: to be against science is as much antiscientific as to be acritically pro-science. PMID

  4. The need for scientists and judges to work together: regarding a new European network

    Directory of Open Access Journals (Sweden)

    Santosuosso Amedeo

    2003-07-01

    Full Text Available Abstract Is it always true to say that science is, by definition, universal whilst laws and the courts which apply them are a classic state and national expression? Yes and no. In recent years a new scenario has opened all over the world. Courts intervene more and more in disputes on matters related to scientific procedures in the biological field. In doing so the courts' decisions are affected by scientific issues and ways of reasoning and, on the other hand, affect the scientific field and its way of reasoning. While the old matter of bioethics was still alive and while judges were improving their skill in dealing with hard matters, like refusal of medical treatments, abortion, euthanasia et cetera, a new challenge appeared on the horizon, the challenge of biological sciences, and especially of the most troubled field of human genetics. A completely new awareness is developing among judges that they belong to an international judiciary community, as informal as it is real. Such a community is, even at an embryonic stage, sufficiently universal to be able to come together with the international scientific community. The authors maintain we are in urgent need for new interaction between judges and scientists and of new international means in the light of such cooperation. Judges and jurists need to become better acquainted with scientific questions and learn to exchange ideas with scientists. They also need to set themselves against the latters' conceptual systems and be willing to put their own up for discussion. A European Network for Life Sciences, Health and the Courts is taking its first steps, and judges and scientists are working side by side to tackle the new challenges. The provisional headquarters are located at the University of Pavia (I, Laboratorio di Biologia dello Sviluppo and Collegio Ghislieri (e-mail:. enlsc@unipv.it. ENLSC activity is inspired by the following idea: to be against science is as much antiscientific as to be

  5. The need for scientists and judges to work together: regarding a new European network.

    Science.gov (United States)

    Santosuosso, Amedeo; Redi, Carlo Alberto

    2003-07-01

    Is it always true to say that science is, by definition, universal whilst laws and the courts which apply them are a classic state and national expression? Yes and no. In recent years a new scenario has opened all over the world. Courts intervene more and more in disputes on matters related to scientific procedures in the biological field. In doing so the courts' decisions are affected by scientific issues and ways of reasoning and, on the other hand, affect the scientific field and its way of reasoning. While the old matter of bioethics was still alive and while judges were improving their skill in dealing with hard matters, like refusal of medical treatments, abortion, euthanasia et cetera, a new challenge appeared on the horizon, the challenge of biological sciences, and especially of the most troubled field of human genetics. A completely new awareness is developing among judges that they belong to an international judiciary community, as informal as it is real. Such a community is, even at an embryonic stage, sufficiently universal to be able to come together with the international scientific community. The authors maintain we are in urgent need for new interaction between judges and scientists and of new international means in the light of such cooperation. Judges and jurists need to become better acquainted with scientific questions and learn to exchange ideas with scientists. They also need to set themselves against the latters' conceptual systems and be willing to put their own up for discussion. A European Network for Life Sciences, Health and the Courts is taking its first steps, and judges and scientists are working side by side to tackle the new challenges. The provisional headquarters are located at the University of Pavia (I), Laboratorio di Biologia dello Sviluppo and Collegio Ghislieri (e-mail: enlsc@unipv.it). ENLSC activity is inspired by the following idea: to be against science is as much antiscientific as to be acritically pro-science.

  6. The Camp Hill Project: Objectives and Design

    Science.gov (United States)

    Mattingly, John B.

    1976-01-01

    Available from: EC 090 474. Outlined are the problems and objectives of Pennsylvania's Camp Hill Project--a program designed to complete psychological needs assessments for juveniles incarcerated at Camp Hill, to develop project policies and guidelines in preparation for meeting with juvenile court judges, and to hire staff. (SBH)

  7. A critical examination of "being Black" in the juvenile justice system.

    Science.gov (United States)

    Peck, Jennifer H; Jennings, Wesley G

    2016-06-01

    The current study examined the role of race in juvenile court outcomes across 3 decision-making stages. This analysis was conducted with a random sample of all delinquent referrals in a Northeast state from January 2000 through December 2010 (N = 68,188). In addition to traditional logistic regression analysis, a propensity score matching (PSM) approach was utilized to create comparable samples of Black and White youth and provide a more rigorous methodological test of the relationship between race and juvenile court processing. Results indicated that even after the use of PSM techniques, race was still found to influence the likelihood of intake (OR = 1.54; 95% C.I. = 1.48-1.62, p social control. They also reaffirm the noticeable role that selection bias can play in the research surrounding race differences in juvenile court outcomes, and highlight the importance of utilizing a more stringent statistical model to control for selection bias. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

  8. "I Don't Know That I've Ever Felt Like I Got the Full Story": A Qualitative Study of Courtroom Interactions Between Judges and Litigants in Domestic Violence Protective Order Cases.

    Science.gov (United States)

    Person, Cara J; Moracco, Kathryn E Beth; Agnew-Brune, Christine; Bowling, J Michael

    2018-01-01

    One in three U.S. women has experienced intimate partner violence (IPV) and many seek domestic violence protective orders (DVPOs) for secondary IPV prevention. Because judges have considerable autonomy making DVPO decisions, there is a need to describe how courtroom interactions and information available to judges may influence DVPO dispositions. We conducted DVPO hearing observations and phone interviews with District Court Judges. Qualitative themes emerged that may influence judges' decision making in DVPO hearings: case information availability, judge engagement level, and litigant credibility. Recommendations include more time for judges to review case files, IPV-related training for judges, and increased court advocate use.

  9. Twenty Years of Constitutional Court Judgments: What Lessons are ...

    African Journals Online (AJOL)

    MJM Venter

    2017-12-05

    Dec 5, 2017 ... about sentencing from its judgments during this time?2. 2 Overview of ... In short succession the Court declared unconstitutional the death penalty, in S v. Makwanyane,3 and corporal punishment for juvenile offenders, in S v.

  10. 8 CFR 1003.11 - Administrative control Immigration Courts.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Administrative control Immigration Courts. 1003.11 Section 1003.11 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Office of the Chief Immigration Judge...

  11. Performance-Based Budgeting and Management of Judicial Courts in France: an Assessment

    Directory of Open Access Journals (Sweden)

    Thierry Kirat

    2010-04-01

    Full Text Available The efficiency of civil justice has become a central issue in several communities, including national states that have undertaken to reform their civil procedures rules and/or to implement methods of case management (such as the USA and United Kingdomand international organizations such as the Council of Europe and the World Bank. Of course, there has always also been interest on the part of legal academics and judicial/court administration professionals.Court systems have two aspects: on one side, as public institutions, their funding, the recruitment of judges and clerks and employees, the procedural rules they must comply with, are determined by the state. On the other side, as organizations producing dispute resolution services, their operation and management are borne by the chiefs of courts. The importance of capacity management of the former, who are most often judges, is now acknowledged by most specialists, even if the compatibility between legal rationality and managerial rationality is questioned by some of them. This article seeks to explain the situation of French courts, focusing on court administration that can not be addressed without taking account of the broader framework of State policy concerning most specifically the budget-setting process which has undergone recent radical reforms.

  12. The Unified Patent Court (UPC) in Action

    DEFF Research Database (Denmark)

    Petersen, Clement Salung; Schovsbo, Jens Hemmingsen; Riis, Thomas

    2015-01-01

    The new common judiciary for European patents (UPC) will play a crucial role in the future European patent system. The UPC will be a very specialised court that i.a. recruits judges from specialists’ circles and has as part of its mission to develop a coherent and autonomous body of case law...

  13. Judges Awareness, Understanding, and Application of Digital Evidence

    Directory of Open Access Journals (Sweden)

    Gary C Kessler

    2011-03-01

    Full Text Available As digital evidence grows in both volume and importance in criminal and civil courts, judges need to fairly and justly evaluate the merits of the offered evidence. To do so, judges need a general understanding of the underlying technologies and applications from which digital evidence is derived. Due to the relative newness of the computer forensics field, there have been few studies on the use of digital forensic evidence and none about judges’ relationship with digital evidence.This paper describes a recent study, using grounded theory methods, into judges’ awareness, knowledge, and perceptions of digital evidence. This study is the first in the U.S. to examine judges and digital forensics, thus opening up a new avenue of research. It is the second time that grounded theory has been employed in a published digital forensics study, demonstrating the applicability of that methodology to this discipline.

  14. Performance Assessment in Courts - The Swiss Case

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2014-12-01

    Full Text Available Abstract Performance assessments have become commonplace in management, even in the public sector. With the increasing pressure on courts to perform while making efficient use of resources, performance assessments in the justice system are also gaining in importance. However, the need for judicial independence poses special challenges for performance assessments in courts. Against this background, this article conducts a constitutional appraisal, and contrasts the need for judicial independence with the principles governing effectiveness and efficiency, self-government and supervision, and appointment and re-appointment. A duty to guarantee justice can be derived from this that does not in principle exclude the performance assessment of judges, but even renders it essential, subject to compliance with certain requirements. In these circumstances, it seems hardly surprising that numerous countries conduct performance assessments of judges and also that various international institutions have developed principles for this purpose, a summary of which is presented – in Switzerland’s case based on a recently conducted survey. In the field of conflict between the guaranteeing justice and protecting the judiciary, the following key questions arise in particular: What is the purpose of performance assessments and what are the consequences?What is subjected to a performance assessment and what are the assessment criteria?How is performance recorded as the basis for the performance assessment?Who is subjected to a performance assessment, and must a distinction be made between judges in higher and lower courts?Who carries out the performance assessment and what methods of protecting one’s rights are available?Who should receive the results of the performance assessment?The contribution sketches out possible answers to these key questions and aims to encourage academics and practitioners to give further consideration to this subject.

  15. Court Administrators and the Judiciary — Partners in the Delivery of Justice

    Directory of Open Access Journals (Sweden)

    Wayne Stewart Martin

    2014-12-01

    Full Text Available This article examines several topics relating to the administration and governance of courts in democratic societies.  It includes a summary of the development of court administration as a profession, highlighting Australia and the United States.  The summary includes a discussion of how judges and court administrators must work together and coordinate their efforts in key areas of court administration and management.  The article also reviews separation of powers issues, highlighting the problems that emerge in systems in which oversight and administration of the courts is vested in the executive branch or power of government, most commonly in a justice ministry.  It reviews the practical advantages of having courts governed and managed through institutional mechanisms within the judicial power rather than the executive power.

  16. Appeals court reverses verdict favoring drug companies.

    Science.gov (United States)

    1995-06-02

    An appeals court reversed a verdict favoring drug companies after the widow of a hemophiliac, whose death was linked to HIV-tainted blood products, sued four pharmaceutical companies to pay damages. The four companies, Alpha Therapeutic Corp., Miles Laboratories Inc., Armour Pharmaceutical Co., and Baxter Travenol Laboratories Inc., provided Factor VIII, a clotting concentrate, to [name removed] [name removed], the plaintiff's husband, from 1972 until his death in 1987. [Name removed]'s wife sued the companies, alleging that the defendants negligently solicited blood plasma from paid donors who had a high risk of having HIV, failed to determine whether any lots of Factor VIII contained plasma from an at-risk donor, failed to warn consumers of possible risks, and failed to heat-treat HIV and other viruses in Factor VIII, despite industry-wide knowledge of the risk of infection. The three-judge panel said the trial judge's decision to avoid ruling on the antigenic stimulation theory, based on insufficient evidence, was improper. In addition, the appeals court said a retrial is necessary because of improper remarks made by Alpha's attorney.

  17. Domestic abuse : even the judges are getting it wrong

    OpenAIRE

    Dubrow-Marshall, LJ; Dubrow-Marshall, R

    2017-01-01

    A judge in a recent court case involving domestic abuse stated that the victim of abuse had not been vulnerable because of her university education and circle of supportive friends. The authors comment on the nature of coercive control, and the lack of understanding about the universal vulnerability to domestic abuse, which is not mitigated by education or social support.

  18. Court Appointed Volunteers for Abused and Neglected Children.

    Science.gov (United States)

    Justin, Renate G.

    2002-02-01

    A court appointed special advocate (CASA) volunteer is a trained citizen who is appointed by a judge to represent the best interests of an abused and neglected child in court. An independent voice, the volunteer gathers information and reports to the court. The CASA volunteer works in close cooperation with other professionals, physicians, lawyers, social workers, and teachers to find the most suitable permanent placement for a victimized child, whether it be a foster home, parental home, or adoptive home. Another function for CASA volunteers is to be supportive to the child during a time of uncertainty in his or her life and to help the youngster adjust to new and changing situations; the CASA volunteer may be the only consistent adult presence during this difficult period of transition.

  19. On the Right for Lawful Court in Investigation and Search Activities

    Directory of Open Access Journals (Sweden)

    Chechetin A. E.

    2012-05-01

    Full Text Available On the basis of the existing federal legislation and decisions of the Constitutional Court of the Russian Federation the author reveals and analyzes jurisdiction of the petition of the agency which conducts investigation and search operations, with the help of an example, i.e. conducting investigation and search operations concerning the judge of the Region Court in Rostov-on-Don with the purpose of verification the information about extortion of a bribe by him

  20. The Prominent Role of National Judges in Interpreting the International Definition of Human Trafficking

    Directory of Open Access Journals (Sweden)

    Luuk B Esser

    2016-05-01

    Full Text Available Although there has been much discussion of the scope of the concept of human trafficking in international literature, the part played by national courts in interpreting definitions based on the international definition of human trafficking in the UN Trafficking Protocol has received little attention. When a judge interprets an offence, he or she clarifies or adds new meaning to it. The space for this is even greater when the underlying definition is broadly formulated, as in the case of the international definition of human trafficking. This article demonstrates that, although this international definition establishes the outer parameters within which conduct must be made a criminal offence, domestic courts still have room to flesh out the definition in national contexts. The role of national judges needs more consideration in today’s discourse on the legal definition of human trafficking.

  1. Jurisdiction of courts with a focus on the Special Chamber of the Supreme Court of Kosovo

    Directory of Open Access Journals (Sweden)

    Mr.Sc. Sabri Halili

    2013-06-01

    Full Text Available The legal solution offered by the Law establishing the Special Chamber of the Supreme Court of Kosovo is rather challenging for practical implementation. Due to this fact, the decisions of the Special Chamber contain various dilemmas of judges on the jurisdiction of the Chamber on the matters related to natural persons sued by the PAK, which are related to various liabilities of these persons to socially-owned enterprises, namely to the PAK. Since the PAK administers and represents socially owned property in general, it is naturally bound to seek for legal resolutions for all legal contests before a competent court. Naturally, the PAK would seek for such a solution before the Special Chamber of the Supreme Court of Kosovo on PAK-related matters, which is already bound by the title itself, “on PAK-related matters”. Comparisons of remedies by various laws related to subject competence are based on legal literature used in higher education in Kosovo. Analysis of subject competences of regular and special courts is two-fold: the Commercial Court and the Military Court, while the competence of the Special Chamber is only analysed in relation with the Law on Courts, and the Law on the Special Chamber of the Supreme Court, comparing it with the Law on Contested Procedure and the Law on the PAK. The Special Chamber has before and still continues to avoid jurisdiction of this Court, which is sanctioned by Articles 4 and 5 of the Law on the Special Chamber, due to the fact that in cases in which the PAK has sued a natural or legal person, due to debts, occupation of socially owned property, or any other disputed matter, which is directly related to socially owned properties, the Special Chamber proclaims itself incompetent, and transfers the case to regular courts, although the Special Chamber adjudicates “on PAK-related matters”, but in this case only when the PAK is respondent, not when it is claimant.

  2. PRINSIP HAKIM AKTIF DALAM PERKARA PERDATA / The Principle of Active Judge in Civil Case

    Directory of Open Access Journals (Sweden)

    Sunarto Sunarto

    2016-07-01

    Full Text Available Keadilan harus dengan tegas ditegakkan. Tuntutan tersebut tidak memungkinkan untuk dimodifikasi karena penegakan keadilan sangat berhubungan dengan penegakan hak. Paradigma umum dalam melihat hukum acara perdata menempatkan Hakim bersifat pasif dalam menjalankan tugas dan fungsinya. Meskipun begitu terdapat keadaan-keadaan yang memposisikan hakim agar aktif menyelesaikan perkara perdata. Hal itu dapat terlihat pada penerapan Pasal 119 HIR pada saat Ketua Pengadilan Negeri memberikan bantuan berupa nasehat serta bantuan yang berhubungan dengan formalitas atau syarat-syarat gugatan agar gugatan dapat diterima dan memenuhi syarat-syarat formalitas gugatan kepada penggugat atau kuasanya. Selain itu, Pasal 130 HIR / Pasal 154 RBG, diwajibkan agar Ketua Pengadilan Negeri berusaha mendamaikan kedua belah pihak yang berperkara. Selanjutnya pada Pasal 132 HIR / Pasal 156 RBG, Hakim memiliki peranan aktif untuk menginformasikan kepada kedua belah pihak yang berperkara dan memberikan penjelasan kepada para pihak yang berperkara tentang adanya hak untuk melakukan upaya hukum serta hak untuk mengajukan alat-alat bukti di persidangan.   The Justice must be firmly maintained. This demand can not be modified due to it was closely related to the rights enforcement. The common paradigm in civil code perception makes judges passively work in civil cases handling. It can be seen in Article 119 HIR when the general court chief judge give a support as advice and help related to the formality or the terms of the lawsuit for the strike to be acceptable and meets the requirements of formality lawsuit against the plaintiff or attorney. Moreover, Article 130 HIR / RBG Article 154, required that general court chief judge attempted to reconcile the two parties litigant. Furthermore, in Article 132 HIR / RBG Article 156, the Judge has an active role to inform both litigants and provide an explanation to the litigants of their rights to take legal actions and the right to

  3. The Supreme Court of Mauritius and the Objectives of Punishment in ...

    African Journals Online (AJOL)

    user1

    that in this judgment the Court based its sentence not only on the seriousness of the ... community should affect the sentencing judge's practice is not an easy one to answer. ... mankind and represent a permanent threat to man and humanity.

  4. HIV testing among non-incarcerated substance-abusing juvenile offenders.

    Science.gov (United States)

    Tolou-Shams, Marina; Conrad, Selby; Louis, Alaina; Shuford, Sarah Hart; Brown, Larry K

    2015-11-01

    Juvenile offenders are a subgroup of adolescents at particular risk for HIV/STI infection. Although HIV prevalence among these youth is low (justice system, which is known to have an extremely high rate of HIV infection. US constitutional mandates provide HIV/STI testing for incarcerated juveniles, but close to 80% of juvenile arrestees are never detained. Moreover, although they engage in similar HIV risk behaviors as those detained, they have limited access to available HIV/STI testing services. Thus, our study examined rates of lifetime HIV testing among a pilot sample of 60 court-involved, substance-using juveniles monitored in the community to explore rates of testing and the reasons related to lifetime testing among a high-risk, yet understudied US juvenile population.

  5. Evolving Justice: The Constitutional Relationship between the Minister of Justice and the Judiciary and a Short Overview of Recent Developments in the Area of Court Management in the Republic of Slovenia

    Directory of Open Access Journals (Sweden)

    Zoran Skubic

    2011-12-01

    Full Text Available Slovenia in 1995 embarked on a road of reforming its judiciary using a model that harked back to history but proved outlived. We learned the hard way that in terms of court management diffusion of responsibility breeds complacency, defeatism and indifference especially if it is combined with courts of inadequate size and capacity for effective delivery of justice. The most prominent feature of the reform was the reorganization of the courts of the first instance where the jurisdiction of the former monolithic Basic Courts was divided between new Local and District Courts. This resulted in that inter alia the most senior and experienced judges were delegated to District Courts. The reorganization also divided the caseload unevenly between the Local and District Courts. As a consequence the Local Courts were left with mostly inexperienced judges that had to deal with the bulk of the overall caseload of the courts of the first instance. The consequences were thus obvious. The motivation of the judges fell significantly which led to the overall performance especially in Local Courts to decrease substantially. This in turn led to a steady increase of unresolved cases which in time proved the main cause for considerable court backlogs that in the end culminated in the Lukenda v. Slovenia decision of the European Court of Human Rights in Strasbourg.

  6. The Court versus Consent Decrees? Schools, "Horne v. Flores" and Judicial Strategies of Institutional Reform Litigation

    Science.gov (United States)

    Chilton, Bradley; Chwialkowski, Paul

    2014-01-01

    Is the U.S. Supreme Court inviting litigants to take aim at unraveling injunctions in institutional reform litigation--especially consent decrees in the schools? In "Horne v. Flores" (2009), the court remanded a 17-year-old school reform case to a federal judge with orders to look beyond consent decrees on financing, reducing class…

  7. First experience of programming a court decision

    Directory of Open Access Journals (Sweden)

    Sergey B. Polyakov

    2017-06-01

    Full Text Available Objective Consideration of the computer program model for making a lawful and wellgrounded judicial act in order to reduce the times for making the court decision. Methods universal dialecticmaterialistic method which removes the contradictions of the professional training of judges and procedural controls the formal legal method for transferring the requirements of the law and jurisprudence for the lawenforcement activity into programs for judges and case participants the objectoriented modeling objectoriented programming methodology. Results a computer program was created that allows to adjudicate in a civil case if the claim is recognized by the defendant. The program does not resolve the judge from the decisionmaking process but creates conditions to move along the stages of lawenforcement procedure and legal reasoning in accordance with the requirements of the law and of legal science. Therefore filling forms manually in the trial should be simultaneous with writing the decision judgment sentence assessment. The program includes the following sections preparation of forms common to certain types of proceedings certain categories of cases courts in the above forms determination of the order to establish the actual circumstances the burden of proof distribution types of evidence methods of law interpretation characteristics of collisions and gaps in legislation and ways to overcome them the standard wording in the judicial act templates and in the forms mandatory and optional information in the form. Based on the above the article concludes that by analogy with the presented program it is possible to create software for making a lawful wellgrounded and fair judicial act for other categories of cases and as a consequence to reduce the period of making judicial decisions. Scientific novelty the first computer program is created for rendering and production of judicial decisions. Practical significance the model is made to create a mass tool of

  8. Good Faith in Life Insurance Contract by Indonesian Court

    Directory of Open Access Journals (Sweden)

    Mokhamad Khoirul Huda

    2017-03-01

    Full Text Available This paper reviews both the interpretation of good faith and its implementation by the Court in terms of life insurance contracts. The principle of good faith in life insurance contracts was under the provision of the Article 251 Wet Boek van Kophandel which assigned the obligation of good faith on the insured. Based on the context of its historical and systematical interpretation, the obligation of good faith should be on both sides, the insurer and the insured. The insured had an obligation to inform any material facts and the insurer had to investigate those all facts. Until recent days, however, judges in all levels of Court did not have any shared and full understanding on the interpretation of good faith in life insurance contracts. As the result, many Courts were frequently inconsistent with each other. Hence, the sense of fairness the people perceived from the court verdict was not achieved.

  9. The curious case of Court Manager in India: From its creation to its desertion

    Directory of Open Access Journals (Sweden)

    Geeta Oberoi

    2017-12-01

    Full Text Available The Government of India though made an honest attempt to relieve judges from their administrative and non-judicial works and for the same created the post of court managers for courts, the judiciary in India did not embrace this initiative and with the help of registry staff almost failed this project. In this article, some reasons are explored as to why judiciary gave cold shoulder to this project and what could be way out to reverse the mindset to create acceptance for court managers for performing non-judicial functions.

  10. Internal and External Dialogue: a Swedish Approach to Quality Work in Courts

    Directory of Open Access Journals (Sweden)

    Marie B. Hagsgård

    2014-12-01

    Full Text Available When evaluation shows that a court is not delivering justice in the best possible way, change in the way a court operates can be hard to accomplish. One way is to engage all judges and staff in an internal and external dialogue about the way the court is functioning and how to improve it. When judges and staff are actively involved in evaluating the present situation, in analyzing, suggesting and implementing new measures and in evaluating the effects of those measures, improvements can be reached in the way the court operates in a range of areas. The deployment of such approach in a growing number of Swedish courts is an indicator of the success of the method.At present the majority of Swedish courts are involved in a broad external dialogue, where judges and staff attend meetings with prosecutors and lawyers and interview court users. The aim of the dialogue is to evaluate and improve information and treatment of parties and witnesses and the writing of intelligible judgments. Cuando una evaluación muestra que un tribunal no está administrando justicia de la mejor manera posible, puede ser difícil lograr cambiar la forma en que ese tribunal funciona. Una opción es involucrar a todos los jueces y personal en un diálogo interno y externo sobre el funcionamiento del tribunal y cómo se podría mejorar. Cuando los jueces y el personal participan activamente en la evaluación de la situación actual, analizando, sugiriendo y desarrollando nuevas medidas y evaluando los efectos de esas medidas, se pueden conseguir mejoras en la forma en la que el tribunal opera en diferentes áreas. El uso de este enfoque en un número creciente de tribunales suecos es un indicador del éxito del método.En la actualidad la mayoría de los tribunales suecos están involucrados en un amplio diálogo externo, en el que jueces y personal participan en reuniones con fiscales y abogados y se entrevistan con usuarios de los tribunales. El objetivo del diálogo es

  11. 75 FR 28287 - Final Plan for Fiscal Year 2010

    Science.gov (United States)

    2010-05-20

    ... of systemic advocacy, enhance the quality of juvenile indigent defense representation, and ensure... and Family Court Judges provides training and technical assistance. Enforcing Underage Drinking Laws Program The Enforcing Underage Drinking Laws (EUDL) Program supports States' efforts to reduce drinking by...

  12. Juvenile Transfer and Deterrence: Reexamining the Effectiveness of a "Get-Tough" Policy

    Science.gov (United States)

    Jordan, Kareem L.; Myers, David L.

    2011-01-01

    Although research has examined the effectiveness of juvenile transfer on recidivism, there has been a lack of research done in assessing how well juvenile waiver to adult court meets the criteria necessary for deterrence to occur (i.e., certainty, severity, and swiftness of punishment). The purpose of this study is to assess how well juvenile…

  13. What Drives Juvenile Probation Officers? Relating Organizational Contexts, Status Characteristics, and Personal Convictions to Treatment and Punishment Orientations

    Science.gov (United States)

    Ward, Geoff; Kupchik, Aaron

    2010-01-01

    Data from surveys of juvenile court probation officers in four states are analyzed to understand professional orientations toward two seemingly contrasting goals of contemporary juvenile justice systems: punishment and treatment. These self-reported juvenile probation officer orientations are considered in relation to three clusters of variables…

  14. Judge-Only” Justice V. Collaborators: Introduction

    Directory of Open Access Journals (Sweden)

    Maria Cristina Reale

    2011-12-01

    Full Text Available Who and how many are the collaborators of judges? The answer may differ according to the perspective under which Justice is considered. In this introduction, and in the light of the papers submitted in the first session of the workshop, a distinction is proposed between “direct” and “indirect” collaborators of judges, according to the side of Justice observed. If Justice is confined simply to the classical function performed by courts, i.e. deciding cases according to the law, it seems quite obvious to remark that judges never act alone, since they normally benefit from the help of different kinds of assistants who, at different levels, help them in their daily work. But when paying attention to the facet of Justice concerning the concrete enforcement of decision, it becomes inevitable to take into account different categories of subjects involved in the “administration” of justice. Under this second perspective, justice is a matter for everyone: not only judges and prosecutors, but other professionals and bodies, including also Governments and other public institutions, since their decisions concerning, for example, human and material resources assigned to the judicial system have inevitably an impact on Justice considered as a public service. Lastly, the aptitude of the public opinion cannot be ignored: the degree of public satisfaction with the judicial system may influence the demand of justice as well as its material functioning. Accordingly, even common citizens could be seen as a very peculiar sort of “collaborators” of judges.

  15. On the record with Judge Kate O'Regan | van der Spuy | South ...

    African Journals Online (AJOL)

    In August 2012 Kate O'Regan, a former judge of the South African Constitutional Court, was appointed by the premier of the Western Cape to head the Commission of Inquiry into Allegations of Police Inefficiency and a Breakdown in Relations between SAPS and the Community in Khayelitsha. Two years later, on 25 August ...

  16. The Institutional Strategy of Brazilian Supreme Court on the Legislative Process

    Directory of Open Access Journals (Sweden)

    Fernando Bentes Bentes

    2016-12-01

    Full Text Available The Brazilian Federal Constitution established a framework of laws that allow for the Supreme Court to act over the social life and branches of the government. Nevertheless, the analysis of the federal legislative process by the strategic institutional approach demonstrates that the panorama among state departments is not asymmetric. In fact, the separation of powers game can create groups of scenarios that generate decisions based on the preference of individual judges, or that restrict the autonomy of the Court when criticism or external retaliations threaten its authority.

  17. Assisted suicide and assisted voluntary euthanasia: Stransham-Ford High Court case overruled by the Appeal Court - but the door is left open.

    Science.gov (United States)

    McQuoid-Mason, David J

    2017-04-25

    Whether persons wishing to have doctor-assisted suicide or voluntary active euthanasia may make a court application based on their rights in the Constitution has not been answered by the Appeal Court. Therefore, if Parliament does not intervene beforehand, such applications can be made - provided the applicants have legal standing, full arguments are presented regarding local and foreign law, and the application evidence is comprehensive and accurate. The Appeal Court indicated that the question should be answered by Parliament because 'issues engaging profound moral questions beyond the remit of judges to determine, should be decided by the representatives of the people of the country as a whole'. However, the Government has not implemented any recommendations on doctor-assisted suicide and voluntary active euthanasia made by the South African Law Commission 20 years ago. The courts may still develop the law on doctor-assisted death, which may take into account developments in medical practice. Furthermore, 'the possibility of a special defence for medical practitioners or carers would arise and have to be explored'.

  18. O poder dos juízes: Supremo Tribunal Federal e o desenho institucional do Conselho Nacional de Justiça The power of judges: the Supreme Court and the institutional design of the National Council of Justice

    Directory of Open Access Journals (Sweden)

    Ernani Carvalho

    2013-03-01

    constitutional amendment number 45 was a CNJ directed by members of the Brazilian Court. To achieve it we use a review of literature and data analysis. The argument is developed from the logic of approving institutional design CNJ tied to the interests of the STF is the best strategy to be developed by the members of the Court. This can be explained by: 1 The judges of the Supreme Court are important political actors; 2 The existence of judicial independence guaranteed by institutional prerogatives; 3 Political systems with a high degree of fragmentation increases the likelihood of judges (STF to approve their interests; 4 the existence of the mechanism of judicial review extends the degree of influence of the Supreme Courts and 5 Finally, the existence of informal mechanisms of persuasion facilitate the success of the judges of the Supreme Court. From the case study we conclude that: the Brazilian institutional design and the fragmented political system generated a powerful Supreme Court (STF which is responsible for centralized the judicial policy-making. The STF becoming, in this respect, a third chamber of the decision-making process.

  19. "We Now Have a Patient and Not a Criminal": An Exploratory Study of Judges and Lawyers' Views on Suicide Attempters and the Law in Ghana.

    Science.gov (United States)

    Osafo, Joseph; Akotia, Charity S; Andoh-Arthur, Johnny; Boakye, Kofi E; N-B Quarshie, Emmanuel

    2018-05-01

    This study explored the views of judges and lawyers of the superior courts of Ghana on the law criminalizing attempted suicide. Qualitative data were collected from 12 experienced legal practitioners of the superior courts (five judges and seven lawyers) using a semi-structured interview schedule. Thematic analysis of the data yielded three main perspectives: In defence of the Law, Advocating a Repeal, and Pro-Health Orientation. Although exploratory, the findings of this study offer cues for stepping up suicide literacy and advocacy programmes toward either a repeal of the law or a reform.

  20. 8 CFR 1003.24 - Fees pertaining to matters within the jurisdiction of an immigration judge.

    Science.gov (United States)

    2010-01-01

    ... jurisdiction of an immigration judge. 1003.24 Section 1003.24 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.24 Fees pertaining to matters within the jurisdiction of an...

  1. 29 CFR 1980.114 - District Court jurisdiction of discrimination complaints.

    Science.gov (United States)

    2010-07-01

    ... complainant may bring an action at law or equity for de novo review in the appropriate district court of the... COMPLAINTS UNDER SECTION 806 OF THE CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY ACT OF 2002, TITLE VIII OF... the administrative law judge or the Board, depending upon where the proceeding is pending, a notice of...

  2. Assisted suicide and assisted voluntary euthanasia: Stransham-Ford High Court case overruled by the Appeal Court – but the door is left open

    Directory of Open Access Journals (Sweden)

    David J McQuoid-Mason

    2017-05-01

    Full Text Available Whether persons wishing to have doctor-assisted suicide or voluntary active euthanasia may make a court application based on their rights in the Constitution has not been answered by the Appeal Court. Therefore, if Parliament does not intervene beforehand, such applications can be made – provided the applicants have legal standing, full arguments are presented regarding local and foreign law, and the application evidence is comprehensive and accurate. The Appeal Court indicated that the question should be answered by Parliament because ‘issues engaging profound moral questions beyond the remit of judges to determine, should be decided by the representatives of the people of the country as a whole’. However, the Government has not implemented any recommendations on doctor-assisted suicide and voluntary active euthanasia made by the South African Law Commission 20 years ago. The courts may still develop the law on doctor-assisted death, which may take into account developments in medical practice. Furthermore, ‘the possibility of a special defence for medical practitioners or carers would arise and have to be explored’.

  3. Compensation in Indian courts: Appropriate for environmental catastrophies

    International Nuclear Information System (INIS)

    Bongaerts, J.C.; Heinrichs, D.

    1985-01-01

    Suppose Indian courts would have had to deal with claims for compensation by victims and their relatives after the December 3, 1984 tragedy at Bhopal. Indian jurisprudence has no experience with claims for compensation with respect to damages following environmental catastrophes. For that reason no empirical investigation of the decision making by courts is possible. We may however gain some insight in the way courts would operate by looking into related cases. Automobile accidents may eventually constitute such a substitute set of cases, since they usually stem from a catastrophic concurrence of circumstances. Using a data set comprising some 140 cases from the Indian jurisprudence we empirically investigated the courts' decision making. For that purpose a model of decision making was set up and tested econometrically. We found a strong tendency to systematic behaviour and a strict adherence to the principles of Common Law. We also found that judges consider the cultural setting of their country, since they incorporate convictions on the duties of parents towards children. Finally, as expected, the occurrence of death and the degree of injury have a highly statistically different impact upon the amount of compensation. (orig./PW) [de

  4. Rifkin and NIH win in court ruling.

    Science.gov (United States)

    Sun, M

    1985-03-15

    On 27 February 1985 Judge J. Skelly Wright of the U.S. Court of Appeals for the District of Columbia ruled that experiments involving the release of genetically altered organisms into the environment can proceed, provided that their potential ecological effects have been properly evaluated. The ruling has been hailed as a victory by both the National Institutes of Health (NIH) and Jeremy Rifkin. Rifkin brought suit against NIH in 1983, charging that the agency had failed to evaluate adequately the environmental impact of some deliberate release experiments. Sun discusses the implications of the judge's ruling. She also describes a move by private companies to submit their recombinant DNA experiment proposals to the Environmental Protection Agency rather than to NIH, which has regulatory authority only over academic researchers.

  5. THE CURRENT STATE OF LEGAL INSTITUTIONS PROTECTING THE RIGHTS OF JUVENILES IN RUSSIA

    OpenAIRE

    Yulia Hafizovna DAVYDOVA

    2015-01-01

    The article highlights the current state of the legislation on protection of the rights of under-aged. Much attention is paid to the formation of the juvenile justice system in the Russian Federation. We present problems related to law infringements by teenagers in various fields and their solutions, highlight the work and the development of juvenile courts in Russia, sum up the results of the implementation of juvenile technologies and their significance, gives the definition of the term «co...

  6. Countering the Attention Deficit Hyperactivity Disorder Epidemic: A Question of Ethics?

    Science.gov (United States)

    Graham, Linda J.

    2007-01-01

    Recently in Australia, another media skirmish erupted over the problem currently called "Attention Deficit Hyperactivity Disorder". This particular event was precipitated by the comments of a respected District Court judge. His claim that doctors are creating a generation of violent juvenile offenders by prescribing Ritalin to young…

  7. In San Diego County, Court Schools Educate Teens When No One Else Can.

    Science.gov (United States)

    Rosander, Gerald A.

    1987-01-01

    Discussion of Juvenile Court Schools in San Diego County focuses on institutional schools that provide academic instruction in an incarceration setting and community schools that bridge institutional and public schools and provide education, vocational and career guidance, familiarization with community organizations, and increased self-esteem…

  8. Federal Administrative Court on priorities between water law and nuclear law procedures

    International Nuclear Information System (INIS)

    Anon.

    1980-01-01

    With its decision of November 22, 1979 - BVerwG 4 B 162/79 -, the Federal Administration Court, at the expense of the plaintiff, has judged against a Bremen resident who had lodged a complained against the non-admission of an appeal in a partial verdict by the Lueneburg Higher Administrative Court concerning licenses under water law for Kernkraftwerk Unterweser. The value in litigation for the complaint procedure was set at DM 5000,-. In its partial verdict of February 12, 1979 - VII OVG A 113/77 - the Lueneburg Higher Administrative Court had decided that the plaintiff's rights are not infringed by the administrative steps under water law taken by the defendant district, and that pleas under nuclear law cannot be entered in the present procedure. The Federal Administrative Court was of the same opinion. The reasons for its decision are given in full wording. (orig./HP) 891 HP/orig.- 892 CKA [de

  9. INDEPENDENCE OF JUDGES IN THE IMPLEMENTATION POWERS OF JUSTICE

    OpenAIRE

    Nurul Qamar

    2015-01-01

    This article aims to explore the independence of the judiciary as an important pillar of a rule of law. Independence of the judiciary is a necessary condition for maintaining the rule of law, only constitutional law has legitimacy that must be upheld and the court should have the ability to perform a task in deciding the law. The independence of judges to examine, prosecute and deciding have guaranteed in the Constitution of the Republic of Indonesia Year 1945 and Act No. 48 of 2009 on Judic...

  10. Corporal and capital punishment of juveniles.

    Science.gov (United States)

    Frazier, H C

    1990-01-01

    There is a previously unobserved connection between corporal punishment of public school children and capital punishment of juveniles. Both are barometers of acceptable levels of violent punishment and their elimination is a hallmark of a maturing and decent society. Within a majority of the eighteen states where school authorities most frequently strike children are housed 25 of the nation's 28 juvenile death row inmates. On average, the homicide rates of these jurisdictions are two and a half times greater than those that have abolished both state-sanctioned corporal and capital punishment or limit death sentences to those age eighteen and older at the time of their crime(s). Most of the eighteen state abolitions of corporal punishment occurred in the 1980's. The US Supreme Court has ruled both corporal and capital punishment of juveniles constitutional. Additional state legislative abolition of both is anticipated in the 1990s.

  11. Gaze Behavior of Gymnastics Judges: Where Do Experienced Judges and Gymnasts Look While Judging?

    Science.gov (United States)

    Pizzera, Alexandra; Möller, Carsten; Plessner, Henning

    2018-01-01

    Gymnastics judges and former gymnasts have been shown to be quite accurate in detecting errors and accurately judging performance. Purpose: The purpose of the current study was to examine if this superior judging performance is reflected in judges' gaze behavior. Method: Thirty-five judges were asked to judge 21 gymnasts who performed a skill on…

  12. PA law judge recommends against Limerick-2 completion

    International Nuclear Information System (INIS)

    Minner, D.

    1985-01-01

    Ruling that Philadelphia Electric's Limerick 2 unit is not in the public interest, the court felt that a history of cost escalation makes the use of allowance for funds used during construction imprudent. Unit 1 will begin operating in 1986. Opponents to Unit 2 say that less costly power is available. The judge agreed with utility arguments that it will need additional capacity in the 1990s, but that customers must expect rate increases to pay for that power. An option to convert Unit 2 to coal has been ruled out, leaving the extension of existing plant life the preferred option

  13. Considering the consequences of increased reliance on judicial assistants: A study on Dutch courts

    NARCIS (Netherlands)

    Holvast, N.L.

    2014-01-01

    Virtually all judicial systems employ judicial staff members to assist judges in their work. However, except for US Supreme Court law clerks the role of these judicial assistants in judicial decision-making is minimally understood. This observation also holds true for the Netherlands, where an

  14. Judging the judges' performance in rhythmic gymnastics.

    Science.gov (United States)

    Flessas, Konstantinos; Mylonas, Dimitris; Panagiotaropoulou, Georgia; Tsopani, Despina; Korda, Alexandrea; Siettos, Constantinos; Di Cagno, Alessandra; Evdokimidis, Ioannis; Smyrnis, Nikolaos

    2015-03-01

    Rhythmic gymnastics (RG) is an aesthetic event balancing between art and sport that also has a performance rating system (Code of Points) given by the International Gymnastics Federation. It is one of the sports in which competition results greatly depend on the judges' evaluation. In the current study, we explored the judges' performance in a five-gymnast ensemble routine. An expert-novice paradigm (10 international-level, 10 national-level, and 10 novice-level judges) was implemented under a fully simulated procedure of judgment in a five-gymnast ensemble routine of RG using two videos of routines performed by the Greek national team of RG. Simultaneous recordings of two-dimensional eye movements were taken during the judgment procedure to assess the percentage of time spent by each judge viewing the videos and fixation performance of each judge when an error in gymnast performance had occurred. All judge level groups had very modest performance of error recognition on gymnasts' routines, and the best international judges reported approximately 40% of true errors. Novice judges spent significantly more time viewing the videos compared with national and international judges and spent significantly more time fixating detected errors than the other two groups. National judges were the only group that made efficient use of fixation to detect errors. The fact that international-level judges outperformed both other groups, while not relying on visual fixation to detect errors, suggests that these experienced judges probably make use of other cognitive strategies, increasing their overall error detection efficiency, which was, however, still far below optimum.

  15. Group sex offending by juveniles: coercive sex as a group activity

    NARCIS (Netherlands)

    Bijleveld, C.C.J.H.; Weerman, F.; Looije, D.; Hendriks, J.

    2007-01-01

    We study sex offences carried out by groups of juveniles, focusing on offender characteristics and the interaction patterns within offender groups and between offenders and victims. Using reconstructions of offences from court files as well as information retrieved from personality screenings, we

  16. Understanding Marital Disputes Management in Religious Office and Syariah Court in Malaysia

    Directory of Open Access Journals (Sweden)

    Zakiyah Zakiyah

    2015-02-01

    Full Text Available This article reviews a monograph entitled Managing Marital Dispute in Malaysia, Islamic Mediators and Conflict Resolution in the Syariah Court written by Syarifah Zaleha Syed Hassan  and Sven Cederrot. This book contributed in the discourse of anthropology of Islamic law. This book discussed about three institutions that dealt with Islamic family law; kadi, women counselor and judge. This monograph was published in 1997 when Islamic family law became one of the heated topics in many part of the world. This book was a result of extensive research conducted at the religious office and syariah court in Kedah and Johor Malaysia. This study shows that mediator used different ways in dealing with the family disputes including formal, semi formal and informal. The first method was used to deal with adjudication, the second was utilized to manage arbitration, and the last was used in consultation, conciliation and mediation. In addition, ‘kadi’, women counselor  and the judge not only use legal formal approach but also local norm when giving advice and managing cases.

  17. Content, Structure, and Usefulness of Juvenile Predisposition Psychological Evaluations

    Science.gov (United States)

    Morin, Samantha L.; Cruise, Keith R.; Hinz, Holly; Holloway, Evan D.; Chapman, John F.

    2015-01-01

    Background: There is a dearth of research regarding the content and structure of juvenile predisposition psychological evaluations. Limited research suggests that key mental health domains are insufficiently represented and judges use evaluator recommendations regarding legal outcomes more often than clinical outcomes. Studies have not addressed…

  18. In the shadow of the judge : The involvement of judicial assistants in Dutch district courts

    NARCIS (Netherlands)

    Holvast, N.L.

    2017-01-01

    While judicial assistants occupy a central position in all types of court systems, the contribution of these staff members to the process of adjudication remains largely unknown, even though their involvement can have significant effects on the perceived quality and credibility of adjudication. This

  19. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    International Nuclear Information System (INIS)

    Zining, Jin

    2015-01-01

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues

  20. Environmental Impact Assessment Law in China's courts: A study of 107 judicial decisions

    Energy Technology Data Exchange (ETDEWEB)

    Zining, Jin, E-mail: jinzn@pkusz.edu.cn

    2015-11-15

    The article explores the practices of Environmental Impact Assessment (EIA) Law in China's courts by examining 107 judicial decisions. Each of the 107 judicial decisions has been analyzed to determine the time/location of the decision, what type of EIA document was referred to, what specific claim was made by the plaintiffs, and what the court's ruling was on the case. The results indicate that: unlike in Germany or Japan, all kinds of EIA decisions made by environment protect bureaus (EPBs) in China were widely taken as justiciable, and China's courts generally allowed local residents to have standing and thus challenge the EPBs' decisions made during the EIA process. On the other hand, the research also shows the EPBs overwhelmingly prevailed in those EIA lawsuits. It is also found that China's reviewing judges were highly self-restrained, giving obvious deference to the technocrat with the substantial contents of EIA documents. Also, the concept of “flaw” was created when it came to procedural issues. These two factors, among others, were both helping the EPBs' prevailing successes. - Highlights: • 107 judicial decisions referring to China's EIA law are examined. • The justiciability of EPB's EIA decisions were taken for granted. • The defenders overwhelmingly prevailed in those EIA lawsuits. • The reviewing judges were highly self-restrained, defering to the technocrat with the EIA documents. • A functional concept, “flaw”, was created by reviewing judges when it came to procedural issues.

  1. Federal Constitutional Court. Decision of July 8, 1982 (Wyhl)

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

    With the decision of July 8, 1982, the second senate of the Federal Constitutional Court judged the action on constitutional grounds, brought in by the municipality of Sassbach near Kaiserstuhl to achieve annulment of the construction permit for Wyhl nuclear power plant, to be inadmissible and also partly unfounded. This decision was taken unanimously. In its statement the Court explains basic ideas on the applicability of the Basic Law with regard to juristic persons within the purview of public law and activities on their part outside the scope of fulfilment of public tasks, as well as on the compatibility of material regulations of preclusion in administrative procedures with the Basic Law, especially with article 19, sub-section (4) of the Basic Law. The Court decided that a municipality is not in the position to claim the right of property as laid down in article 14, para. (1) no. 1 of the Basic Law, even if it becomes active outside the scope of fulfilment of public tasks. (CB) [de

  2. Optimality aspects with assigning of Magistrates to Sessions and Teams of the Amsterdam Criminal Court

    NARCIS (Netherlands)

    Schreuder, J.A.M.; Burke, E.K.; Rudova, H.

    2006-01-01

    In the criminal court (Arrondissements rechtbank, sector strafrecht) of Amsterdam the assignment of magistrates (judges, officers, etc) to sessions needed to handle the cases presented, has become a problem last years mainly caused by the increase of so called mega-sessions. One complicating factor

  3. Let’s Talk About Same Sex: How Social Workers Can Make Judges Listen

    Directory of Open Access Journals (Sweden)

    Stephanie K. Boys

    2010-09-01

    Full Text Available Researchers have created a diverse toolbox of literature reporting that same sex cohabitating relationships are strikingly similar to heterosexual marriages in amicus curiae briefs submitted to the courts. However, judges are trained to fit information into legal frameworks and to ignore data that does not fit the rhetoric of a case. The following article aims to fit existing data on same sex relationships into the framework judges will use to decide whether same sex marriage can be prohibited. The primary precedent used to support same sex marriage is based on the analogy of a case prohibiting marriage discrimination based on race. The legal framework created by this case requires social work policy practitioners to frame research in terms of the evolution that has occurred in scientific understanding of same sex attraction and public opinion. A simple shift in the discourse used to frame the data can significantly impact whether judges listen.

  4. Neurogenetic evidence in the courtroom: a randomised controlled trial with German judges.

    Science.gov (United States)

    Fuss, Johannes; Dressing, Harald; Briken, Peer

    2015-11-01

    Prominent court decisions and recent research suggest that introduction of neurogenetic evidence, for example, monoamine oxidase A alleles, may reduce the sentence of convicted psychopaths. Here, we are aiming to demonstrate that judges' response to neurogenetic evidence is highly influenced by the legal system in which they operate. Participating German judges (n=372) received a hypothetical case vignette of aggravated battery, and were randomly assigned to expert testimonies that either involved a neurogenetic explanation of the offender's psychopathy or only a psychiatric diagnosis of psychopathy. Testimonies were presented either by the prosecution or defence. Neurogenetic evidence significantly reduced judges' estimation of legal responsibility of the convict. Nevertheless, the average prison sentence was not affected in the German legal system. Most interestingly, analysis of judges' reasoning revealed that neurogenetic arguments presented by the prosecution significantly increased the number of judges (23% compared with ∼ 6%) ordering an involuntary commitment in a forensic psychiatric hospital. Such an involuntary commitment due to diminished or absent legal responsibility may last much longer than a prison sentence in the German legal system. Our data, thus, demonstrate the socially contingent nature of legal responses to neurogenetic evidence in criminal cases. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a licence) please go to http://group.bmj.com/group/rights-licensing/permissions.

  5. Individual Evaluation of Judges in Germany

    Directory of Open Access Journals (Sweden)

    Johannes Riedel

    2014-12-01

    Full Text Available In Germany, with the exception of the five federal supreme courts, court organization is a responsibility of the Länder (federal states. In some of the Länder, so-called employee profiles (“Anforderungsprofile“ have been established for judicial office. These lists attempt to describe criteria for certain judicial positions. They are applied in the process of promotion but also serve as an indicator for initial appointment.The European picture with respect to individual evaluation of judges is extremely diverse. In preparation for this paper, the author attempted to ascertain the situation in the Council of Europe member states. The results of this survey (to which 23 members of the CCJE have replied are listed in Appendix I.The general difficulty of professional evaluation of judges lies in the limits that have to be observed for constitutional reasons. In Germany, the overall rule of every evaluation is that there has to be a reliable factual basis. The evaluator is under a duty not to omit relevant aspects, to consider all the facts that make part of the picture, not to select arbitrarily but to try to paint a true and full picture of the person who is being evaluated. In the case of judges, it is unacceptable to comment on the core of judicial decision-making. Evaluations may be challenged in the administrative court on grounds of fact as well as on grounds of law. En Alemania, con la excepción de las cinco cortes supremas federales, la organización judicial es responsabilidad de los Länder (estados federales. En algunos de estos Länder, se han establecido los denominados perfiles de empleados (“Anforderungsprofile” para la oficina judicial. Estas listas pretenden describir los criterios para determinados cargos judiciales. Se aplican en los procesos de promoción, pero también sirven como un indicador para el nombramiento inicial.El panorama europeo respecto a la evaluación individual de los jueces es muy diverso. Preparando

  6. Bavarian Constitutional Court, decision of August 14, 1987 (Referendum on sites of nuclear installations)

    International Nuclear Information System (INIS)

    Anon.

    1987-01-01

    In the dissenting opinion of one of the judges of the Bavarian Constitutional Court concerning the decision of August 14, 1987, the Land Bavaria has a competence according to the constitution to decide about sites of nuclear installations. Hence it follows that a referendum on this problem has to be permitted. (CW) [de

  7. Juvenile Delinquency Probation Caseload, 1985-2002. OJJDP Fact Sheet #04

    Science.gov (United States)

    Livsey, Sarah

    2006-01-01

    This fact sheet presents statistics on delinquency cases resulting in probation, 2002. Probation was the disposition in 38 percent of all delinquency cases processed by the juvenile courts in 2002. The number of cases placed on probation increased 44 percent between 1985 and 2002. Property offense cases made up the greatest proportion of the…

  8. Decreased juvenile arson and firesetting recidivism after implementation of a multidisciplinary prevention program.

    Science.gov (United States)

    Franklin, Glen A; Pucci, Pamela S; Arbabi, Saman; Brandt, Mary-Margaret; Wahl, Wendy L; Taheri, Paul A

    2002-08-01

    In 1999, we developed the multidisciplinary Trauma Burn Outreach Prevention Program (TBOPP), which focuses on the medical and societal consequences of firesetting behavior. The basis for this program development was a 17% increase in pediatric burn admissions. The purpose of this study was to determine the value of this trauma burn center prevention program from a financial, clinical, and recidivism perspective. Juveniles (ages 4-17 years) were enrolled into our 1-day program on the basis of referrals from the county court system, fire departments, schools, and parents. The program's interactive content focuses on the medical, financial, legal, and societal impact of firesetting behavior, with emphasis on individual accountability and responsibility. The court system and fire departments tracked all episodes of firesetting behavior within their respective communities. Arson is defined as behavior with the intent to produce damage, whereas firesetting is defined as having no ill intent. The recidivism rate was determined using fire department and court follow-up records. Follow-up was from 8 months to 2.5 years. A random control group that did not receive TBOPP education (noTBOPP group) with identical entry criteria was used for comparison. Institutional review board approval was obtained. There were 132 juveniles in the TBOPP group (66 arsonists and 66 firesetters) and 102 juveniles in the noTBOPP group (33 arsonists and 66 firesetters). Fifty-nine TBOPP participants had a medical history of behavioral disorders. Property damage for arson averaged $4,040, with additional court costs of $1,135 per incident. Family environment was an independent predictor for risk of repeat offense. The odds ratio for risk of repeat offense in foster care was 17.9 (p < 0.05) as compared with two-parent homes. The recidivism rate was 1 of 32 (<1%) for the TBOPP group and 37 of 102 (36%) for the noTBOPP group (adjusted odds ratio, 0.02; p < 0.001). When compared with the noTBOPP group

  9. Death penalty support for special offender populations of legally convicted murderers: juveniles, the mentally retarded, and the mentally incompetent.

    Science.gov (United States)

    Boots, Denise Paquette; Heide, Kathleen M; Cochran, John K

    2004-01-01

    The U.S. Supreme Court recently re-examined the constitutionality of the death penalty in the context of two of three special offender populations of murderers (juveniles, mentally retarded, and mentally incompetent). The Court reaffirmed the imposition of the death penalty for juveniles 16 and 17, while reversing itself on the mentally retarded. In reaching its decision, the Court relied on society's "evolving standards of decency." Using Likert-type items, this study is the first to have prospective jurors assess support for the death penalty for these specific offender groups. The public's support for the execution of each of the groups is then compared with existing case law. Descriptive statistics and regression analyses indicate that, as expected, the levels of support for the applicability of capital punishment to the various special offender populations are much lower than that for the general adult offender. Moreover, these findings are congruent with the holdings of the Court with one notable exception: a slight majority of respondents supported executing the mentally incompetent. Reasons for the public's apparent departure from the Supreme Court holding prohibiting the execution of mentally incompetent convicted murderers are discussed. The Court's continued role in protecting marginalized populations from "cruel and unusual punishment" is explored in the context of strong public sentiment demanding justice and finality despite changes in offenders' mental capacity. Copyright 2003 John Wiley & Sons, Ltd.

  10. Justice blocks and predictability of U.S. Supreme Court votes.

    Directory of Open Access Journals (Sweden)

    Roger Guimerà

    Full Text Available Successful attempts to predict judges' votes shed light into how legal decisions are made and, ultimately, into the behavior and evolution of the judiciary. Here, we investigate to what extent it is possible to make predictions of a justice's vote based on the other justices' votes in the same case. For our predictions, we use models and methods that have been developed to uncover hidden associations between actors in complex social networks. We show that these methods are more accurate at predicting justice's votes than forecasts made by legal experts and by algorithms that take into consideration the content of the cases. We argue that, within our framework, high predictability is a quantitative proxy for stable justice (and case blocks, which probably reflect stable a priori attitudes toward the law. We find that U.S. Supreme Court justice votes are more predictable than one would expect from an ideal court composed of perfectly independent justices. Deviations from ideal behavior are most apparent in divided 5-4 decisions, where justice blocks seem to be most stable. Moreover, we find evidence that justice predictability decreased during the 50-year period spanning from the Warren Court to the Rehnquist Court, and that aggregate court predictability has been significantly lower during Democratic presidencies. More broadly, our results show that it is possible to use methods developed for the analysis of complex social networks to quantitatively investigate historical questions related to political decision-making.

  11. Improving graduation rates for African Americans in drug court: Importance of human relationships and barriers to gaining and sustaining employment.

    Science.gov (United States)

    Gallagher, John Robert; Nordberg, Anne; Dibley, Alyssa R

    2017-11-16

    Drug courts have been an important part of the criminal justice system since 1989. They continue to expand throughout the United States because nearly three decades of research has shown that they are more effective than other interventions, such as traditional probation. There is a pattern, though, in some drug courts where African Americans are less likely to graduate than their Caucasian counterparts. This qualitative study explores this phenomenon by asking African American participants (n = 31) their views on the most helpful aspects of drug court and how drug court could be more helpful in supporting them in graduating the program. Participants felt that the respect and compassion they received from the drug court judge and their case managers, as well as the camaraderie they developed with other participants, was an aspect of drug court that supported them in graduating the program. Next, participants felt that graduation rates would improve if drug court better supported them in gaining employment or sustaining the employment they already had. Implications for drug court practice are discussed.

  12. [Verdict of the Federal Constitutional Court on term regulation].

    Science.gov (United States)

    Rieger, H J

    1975-03-21

    The decision of the West German Constitutional Court on legal aborti on is discussed. In its decision of 25 February, 1975, the court declar ed that after the 14th day after conception (implantation) the fetus is considered a legal entity, and since human development is a continuous process, legal protection of the unborn extends for the entire duration of pregnancy. When the woman "cannot be expected" to continue the pregnancy, however, abortion is permitted. This exception includes danger to the life or health of the mother, risk of serious hereditary disease or other congenital abnormality, and pregnancy due to rape or in cest; in cases of serious need, in which social and economic damage to existing children may be expected, the presiding judge may dismiss the case. Until new legislative action is taken, there are several areas of uncertainty in the legal situation of pregnancy interruption.

  13. ANNOTATION TAKEN, IN THE PERSPECTIVE OF CRIMINAL AND CONSTITUTIONAL LAW, AS WELL AS IN CRIMINOLOGY, TO THE DECISION OF THE PORTUGUESE CONSTITUTIONAL COURT, OF JANUARY 13, 2011--WITH RESPECT TO THE PROBLEMS OF "CONSENT" AND "MEDICAL ACT".

    Science.gov (United States)

    Bandeira, Gonçalo S de Melo

    2014-07-01

    1--Summary of the decision taken by the Portuguese Constitutional Court, of January 13, 2011; 2--Complete text of the decision of the Portuguese Constitutional Court, of January 13, 2011, Judge Maria João ANTUNES (Reporter), Judge Carlos Pamplona de OLIVEIRA, Judge José Borges SOEIRO, Judge Gil GALVÃO, Judge Rui Manuel Moura RAMOS (President)--in terms of the appositive declaration to the sentence n. 487/2010: t.c.http://www. tribunalconstitucional.pt, August 1, 2011; 3--Brief annotation to the problem of the "medical act"; 3.1--Plus some conclusions on the brief annotation to the problem of the "medical act"; 3.2--Brief annotation to the problem of "consent"--continuation of the previous comments; 4--Conclusions. It must never be forgotten that "consent" does not stand as the only cause of exclusion of unlawfulness.

  14. REASON-GIVING IN COURT PRACTICE: THE EXAMPLE OF FRENCH IMMIGRATION LITIGATION

    Directory of Open Access Journals (Sweden)

    Mathilde Cohen, Columbia Law School-School of Law, Estados Unidos

    2012-10-01

    Full Text Available Abstract: This Article examines the thesis according to which the practice of giving reasons for decisions is a central element of liberal democracies. In this view, public institutions’ practice—and sometimes duty—to give reasons is required so that each individual may view the state as reasonable and therefore, according to deliberative democratic theory, legitimate. Does the giving of reasons in actual court practice achieve these goals?  Drawing on empirical research carried out in a French administrative court, this Article argues that, in practice, reason-giving often falls either short of democracy or beyond democracy. Reasons fall short of democracy in the first case because they are transformed from a device designed to “protect” citizens from arbitrariness into a professional norm intended to “protect” the judges themselves and perhaps further their career goals. In the second case, reasons go beyond democracy because judges’ ambitions are much greater than to merely provide petitioners with a ground for understanding and criticizing the decision: they aim at positively—and paternalistically in some instances—guiding people’s conduct.  The discussion proceeds by drawing attention to social aspects that are often neglected in theoretical discussions on reason-giving. A skeptical conclusion is suggested: one can rarely guarantee that any predetermined value will be achieved by the giving of reasons. The degree to which individuals are empowered by the reasons given to them is dependent on the way in which decision-givers envision their reason-giving activity, and this representation is itself conditioned by the social setting of the court. Keywords: Arbitrariness. Reason-giving. Judges.

  15. Evolution of recidivism risk, using the YLS/CMI Inventory in a population of juvenile offenders

    Directory of Open Access Journals (Sweden)

    Keren Cuervo Gómez

    2017-05-01

    Full Text Available Risk assessment in juvenile recidivism allows understanding the specific factors that drives the juvenile to the commission of offences. Most of these juveniles will have a punctual relation with the justice system and only a small percentage will persist in this type of conducts. However, it seems that society perceives these juveniles as high risk offenders with high rates of recidivism. Hence, with the aim to clarify this topic, the objective of this paper is to explore the general risk of recidivism and the areas with higher risk, examining the risk of recidivism in a follow up period. Participants in this research were juveniles with a criminal record in the Juvenile Court of Castellón (N = 210. The Youth Level of Service/Case Management Inventory (YLS/CMI was administered to the juveniles along the follow up period of two years. Results show a majoritary profile of low risk juveniles, and a punctual relation with justice, rejecting the belief of dangerousness on juvenile offenders. On the contrary, juvenile recidivists with long criminal trajectories are in fact characterized by a high risk that would increase throughout the follow up period.

  16. The interpretation practice of The European Court of Justice while judging the conflict between labelling applied as trademark with elderly right of another person

    Directory of Open Access Journals (Sweden)

    Hana Kelblová

    2010-01-01

    Full Text Available The article deals with the verification of the starting hypothesis of complementariness of the law of consumer protection and the law of intellectual property. In order to achieve that goal the author analyzes individual the Czech Trade Marks Act from the standpoint of protection of rights and interests of consumers.The article follows the categorical requirement of a public law rule, the Consumer Protection Act, which prohibits deceiving consumers and establishes that deceiving may also consist in offering products and services unjustified designated by misleading trade mark.The consumer is deceived most frequently when trade marks are used for designation of products and their promotion. The Trade Marks Act may be analyzed in relation to consumer protection first from the standpoint of consumer protection against trade marks misleading someone about the origin and quality of products and services designated by them. Then it is possible to examine the question whether requirements of a designation for being registered as a trade mark are at the same time those attributes of the trade mark which meet the declared intention of the lawmaker, i.e. that the trade mark should be a source of information for the consumer about the origin and quality of the product de­sig­na­ted by it.Especially, the article deals with an interpretation of the conception „Likelihood of Confusion“ as the fundamental conception while judging the conflict with elderly trademarks applying for the re­gi­stra­tion into the list of The Patent Office.A perception of an average consumer is a fundamental factor for a judgement of „Likelihood of Confusion“ as results from the decision practice of The Czech Patent Office, Czech courts and The European Court of Justice. This is proof of the conclusion that rules of the Trademark Law are rules of the Consumer protection Law.

  17. Judging the Judges: finding value in these problematic characters

    Directory of Open Access Journals (Sweden)

    L R Martin

    2008-05-01

    Full Text Available The biblical judges are well known for their less than exemplary behaviour. In the past, these judges have been appreciated largely as examples of how a charismatic leader should not behave. In spite of the judges� questionable morals, the writer of the book of Hebrews commends four of them (Barak, Gideon, Jephthah, and Samson for their faith. This paper evaluates these judges in light of their characterisations in the book of Hebrews and in the book of Judges and suggests that our struggle with the judges parallels the contemporary integrity crisis in Christian leadership.

  18. Court grants courier a jury trial based on fear of AIDS.

    Science.gov (United States)

    1996-03-08

    A medical courier who was exposed to blood from a leaking container will be granted a jury trial in Albuquerque, NM. Courier [name removed] was splashed with blood and became alarmed because she had paper cuts on her hands. Repeated blood tests for HIV and hepatitis B were negative. A Bernallilo County judge initially dismissed [name removed]'s lawsuit when the hospital revealed that there was no HIV present in the splashed liquid. A three-judge panel of the Court of Appeals ruled to allow [name removed] a jury trial because New Mexico law no longer requires a plaintiff to prove that the defendant's actions created actual danger or physical impact. The panel determined that [name removed]'s allegations stated a cause for negligent infliction of emotional distress.

  19. Diversity Measures

    Directory of Open Access Journals (Sweden)

    MSc. Mentor Ademaj

    2012-06-01

    Full Text Available Diversity measures are a type of non-criminal measures foreseen in the Chapter IV of the Code of Juvenile Justice, which may be imposed on juvenile perpetrators of criminal acts. These measures can be applied in cases of minor offenses, for which is foreseen the criminal sanction with a fine or imprisonment up to three years or for criminal offenses committed by negligence for which is foreseen the sentence up to five years of imprisonment, except those cases that result in death. With the imposition of these measures is intended to prevent criminal proceedings against juveniles whenever is possible, rehabilitation and reintegration of juvenile in his/her community and the prevention of recidivist behaviour. Competent authority to impose them is the public prosecutor, the juvenile judge and juvenile court. And they are executed by the Kosovo Correctional Service.

  20. "ONE PERCENT INSPIRATION AND 99 PERCENT TRACING PAPER”: THE PAN-ELECTRIC SCANDAL AND THE MAKING OF A CIRCUIT COURT JUDGE, APRIL-NOVEMBER 1886

    OpenAIRE

    Harvey Gresham Hudspeth

    2005-01-01

    The Pan-Electric scandal of 1886 grew out of a plot by prominent Southern Democrats to seize control of the fledgling telephone industry by filing suit in federal court to invalidate patents held by Alexander Graham Bell and Bell Telephone. The suit led to President Grover Cleveland's appointment of Tennessee senator Howell Edmunds Jackson to the Sixth Circuit federal court and a ruling by Jackson that led to the final court victory for Bell.

  1. The Role of Sharia Judges in Indonesia: Between The Common Law and The Civil Law Systems

    Directory of Open Access Journals (Sweden)

    Alfitri

    2017-12-01

    Full Text Available This article seeks to analyse the role of Religious Courts’ (Pengadilan Agama or PA Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation; and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI and the Compilation of Sharia Economic Law (KHES, do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis in Islamic history which on a certain level similar to the role of judges in common law system.

  2. Regional Appeal Court Duesseldorf, judgement of December 28, 1984 (Information on the risk of radiation treatment)

    International Nuclear Information System (INIS)

    Anon.

    1987-01-01

    In its decision of December 28, 1984, the Regional Appeal Court of Duesseldorf deals with the obligation to give information about the risks involved in radiation treatment. The intensity and exactness of the medical explanation is to be judged with regard to the current knowledge of the physicians which reasonably can be expected. (WG) [de

  3. "ONE PERCENT INSPIRATION AND 99 PERCENT TRACING PAPER”: THE PAN-ELECTRIC SCANDAL AND THE MAKING OF A CIRCUIT COURT JUDGE, APRIL-NOVEMBER 1886

    Directory of Open Access Journals (Sweden)

    Harvey Gresham Hudspeth

    2005-01-01

    Full Text Available The Pan-Electric scandal of 1886 grew out of a plot by prominent Southern Democrats to seize control of the fledgling telephone industry by filing suit in federal court to invalidate patents held by Alexander Graham Bell and Bell Telephone. The suit led to President Grover Cleveland's appointment of Tennessee senator Howell Edmunds Jackson to the Sixth Circuit federal court and a ruling by Jackson that led to the final court victory for Bell.

  4. 20 CFR 416.1484 - Appeals Council review of administrative law judge decision in a case remanded by a Federal court.

    Science.gov (United States)

    2010-04-01

    ... § 416.1484 Appeals Council review of administrative law judge decision in a case remanded by a Federal... proceedings leading to the final decision in your case or subsequently considered by the administrative law... reversing the decision of the administrative law judge, or it will remand the case to an administrative law...

  5. Who gets a second chance? An investigation of Ohio's blended juvenile sentence.

    Science.gov (United States)

    Cheesman, Fred L; Waters, Nicole L; Hurst, Hunter

    2010-01-01

    Factors differentiating blended sentencing cases (Serious Youthful Offenders or SYOs) from conventional juvenile cases and cases transferred to the adult criminal court in Ohio were investigated using a two-stage probit. Conventional juvenile cases differed from cases selected for non-conventional processing (i.e., SYO or transfer) according to offense seriousness, number of prior Ohio Department of Youth Services placements, age and gender. Controlling for probability of selection for nonconventional processing, transfers differed from SYOs according to age, gender, and race. Minorities were significantly more likely than Whites to be transfers rather than SYOs, suggesting possible bias in the decision-making process. Objective risk and needs assessments should be used to identify the most suitable candidates for blended sentences and adult transfer and enhanced services should be provided to juvenile offenders given blended sentences.

  6. Results of domestic migration on juvenile delinquency in Adana, Turkey.

    Science.gov (United States)

    Firat, Sunay; Iltas, Yigit; Gulmen, Mete K

    2017-07-01

    The aim of this study is to determine the effect of migration on children in the juvenile justice system. The study takes into account whether these children arrived in the city via migration or not, the types of crimes against property and persons committed by the children brought before the Juvenile Courts, and the types, frequency, and durations of punishments and precautionary decisions they received. In addition, the study examines the children's ability to realize the meaning and consequences of their crimes and to lead their future behaviors effectively. Data gathered from children between 3 and 18 years of age who appeared before the 1, 2, and 3 numbered Juvenile Courts of Adana Courthouse after January 2004 on charges of committing a crime, and/or children who were sent to or who applied to the Provincial Directorate for National Education based on the decision of the Court has been evaluated retrospectively. Six hundred and eighty children were studied. Of these, 602 (88.5%) were male and 78 (11.5) were female. The average age of the child at the time of the commitment of the crime was 13 years and 8 months ± 2.18 years. It has been observed that there are statistically meaningful differences for children involved in delinquency between cases whether they come via migration or regardless of migration and types of crimes committed (p = 0.004). When cities faced with migration from other places and types of crime committed by children are compared, it has been observed that there are meaningful differences between the types of crimes committed by non-migrant versus migrant children (p = 0.012). It is important to state the reasons for delinquency and to obtain data to prevent future delinquency and to put forward regional and local recommendations within the scope of the data. Copyright © 2017 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

  7. Debatable questions of the lawyer’s responsibilities definition in the court: the foreign doctrine

    Directory of Open Access Journals (Sweden)

    Тетяна Борисівна Вільчик

    2016-01-01

    Conclusion. The conducted analysis of judicial decisions and scientific points of view leads to the following conclusions: 1 The legal status of lawyers is characterized by the fact that as participants in the proceedings, they take part together with the judges in the administration of justice. 2 Lawyers are an integral part of the administration of justice. 3 Lawyers should promote the efficient use of limited resources of the court. 4 The advocate’s duties in front of the court are of paramount importance and must be fulfilled even if a client gives a lawyer the opposite order. 5 Advocates should inform their client in time that their duty in front to the court is of paramount importance for the lawyer. 6 The lawyer’s duties include calling of the judge’s attention to any mistakes that he perhaps made. 7 Advocates should guide clients in litigation in the interests of promoting public confidence in the administration of justice

  8. Procedural justice in mental health courts: Judicial practices, participant perceptions, and outcomes related to mental health recovery

    Science.gov (United States)

    Kopelovich, Sarah; Yanos, Philip; Pratt, Christina; Koerner, Joshua

    2015-01-01

    Research on mental health courts (MHCs) to date has been disproportionately focused on the study of recidivism and reincarceration over the potential of these problem solving courts to facilitate the recovery process and affect the slope of recovery. This study attempts to shift the focal point of interest from well-established criminal justice outcomes to the experiences and perceptions of MHC participants. The authors hypothesize that the actions of MHC judges that are consistent with procedural justice theory will engender high perceptions of procedural justice among this sample of divertees with SMI. Defendant perceptions of procedural justice in 4 NYC-area MHCs were also compared to those of uninvolved observers. Results suggest that defendant perceptions are distinct from observer perceptions, which tended to be more sensitive to the differences in judges between the four courts. Overall, participants' perceptions of procedural justice were moderate and increased between baseline and 4-month follow-up. Procedural justice was negatively correlated with symptoms at baseline and was positively correlated with participant's attitudes toward their own recovery. Between baseline and 4-month follow-up, participants in our sample tended to increase in perceptions of procedural justice; interestingly, the increase in procedural justice was associated with a decrease in symptoms but not to an increase in attitudes toward the recovery. Implications and future directions are discussed. PMID:23415372

  9. Exploring mental health and substance use treatment needs of commercially sexually exploited youth participating in a specialty juvenile court.

    Science.gov (United States)

    Cook, Mekeila C; Barnert, Elizabeth; Ijadi-Maghsoodi, Roya; Ports, Kayleen; Bath, Eraka

    2018-03-20

    The study sought to: 1) describe the mental health and substance use profiles among participants of a specialty trafficking court program (the Succeed Though Achievement and Resilience Court); 2) describe youths' mental health and substance use treatment prior to participating in the program; and 3) examine whether abuse influences report of mental health problems and/or substance use. Retrospective case review of court files was performed on commercially sexually exploited youth who volunteered to participate in the court from 2012 to 2014 (N = 184). All participants were female. Mental health problems and report of substance use was high among this population. Substance use differed at statistically significant levels between youth with a documented abuse history compared to those with no abuse history. Substance use also differed by report of mental health problems. Unexpected findings included the high rate of hospitalization for mental health problems and relatively low substance use treatment prior to STAR Court participation. Opportunities for improvement in critical points of contact to identify commercially sexually exploited youth and address their health needs are discussed.

  10. Restorative Justice at Work: Examining the Impact of Restorative Justice Resolutions on Juvenile Recidivism

    Science.gov (United States)

    Rodriguez, Nancy

    2007-01-01

    Programs with restorative justice ideals attempt to incorporate victims and community members into the administration of justice. Although these programs have become increasingly popular, only a few programs in the United States have been the focus of prior studies. Using official juvenile court data from an urban, metropolitan area, this study…

  11. Psychology and psychiatry in Singapore courts: A baseline survey of the mental health landscape in the legal arena.

    Science.gov (United States)

    Gwee, Kenji

    Despite the increasing prevalence and involvement of mental health professionals in local courts, there has been no systematic study of the role played by these expert witnesses in Singapore courtrooms. An empirical study of all existing recorded cases on Lawnet (Singapore's legal database of all court trial cases) from 1975-2014 involving psychologists and psychiatrists was conducted. Results revealed that, not only were these mental health experts increasingly dotting the landscape of the legal arena, the variety of their contributions has also been gradually growing. Furthermore, there were marked differences across criminal, civil and custody cases with regards to the issues of how these experts were consulted and how their inputs utilized and appreciated by judges. Differences between psychology and psychiatry were also apparent. A future with more assistance rendered by these professions to courts, as well as greater synergy between law and mental health, was predicted for Singapore courts. Copyright © 2017 Elsevier Ltd. All rights reserved.

  12. Is the German Federal Constitutional Court off course? Some thoughts on the control intensity of administrative case law

    International Nuclear Information System (INIS)

    Wuerkner, J.

    1992-01-01

    The article comes to the overall conclusion that the efforts of the German Federal Constitutional Court (Bundesverfassungsgericht, BVerfG) to make the protection of basic rights more effective by largely restricting the discretionary powers of the administration, as justified as this may be from the point of view of general constitutional law, ultimately leads to legal uncertainties for both legal practitioners and persons seeking legal remedies. It is not only that court proceedings will be delayed by the increased necessity to consult outside experts, but also the practising administrative judges themselves will only slowly be able to adjust to the new situation. It remains to be seen whether the Federal Administrative Court (Bundesverwaltungsgericht) will be able to finally provide for the necessary clarity in the foreseeable future. (orig.) [de

  13. The European Union Court of Justice after the Treaty of Lisbon

    Directory of Open Access Journals (Sweden)

    Radivojević Zoran

    2016-01-01

    Full Text Available Created by the Treaty of Paris as a judicial authority which ensures respect for the law when interpreting and applying this treaty, the European Court of Justice has so far been repeatedly reformed. The latest reform of the judicial system of the European Union, put into effect by the Lisbon Treaty, largely relies on solutions contained in the unaccepted Treaty on the Constitution for Europe. Novelties that this treaty brings could be grosso modo divided into several basic categories. First, there are organizational changes related to the different name and composition of the courts, appointment of judges and advocates-general and the formation of specialized courts. The new terminology and organization aims to provide a clear distinction between the Court of Justice of the EU, which is an aggregate term or generic designation for the entire judicial system of the Union, and special judicial bodies that enter into its composition. These are the Court of Justice as the highest authority, the General Court which is actually the renamed Court of First Instance, and specialized courts that replaced the judicial panels. The second category includes changes that expand the jurisdiction of the Court to certain new areas owing to the abolition of the former EU pillar structure and the dissolution of the European Community. On such a basis, an integration of court jurisdiction regarding the first and third pillar ensued, as the Court of Justice was vested with general and compulsory jurisdiction over the entire law created in the newly established area of freedom, security and justice. The exception is the area of common foreign and security policy, in which the Court's jurisdiction still remains excluded. The third type of amendment extends the scope of judicial reviews of the validity of acts adopted by EU institutions and enables authorized subjects an easier access to the Court. Their aim is to strengthen the rule of law within the legal system of

  14. Decision-making in the Unified Patent Court: Ensuring a balanced approach

    DEFF Research Database (Denmark)

    Schovsbo, Jens Hemmingsen; Petersen, Clement Salung

    2016-01-01

    The Unified Patent Court (UPC) will become a central player in the future development of European patent law. For this reason it becomes important to ensure that UPC‘s decision-making reflects the double-function of the Court as an adjudicator of individual disputes and a policy maker. Because...... of its institutional design, the UPC will be biased towards technology based values. Therefore, there is a risk that non-technical values and interests will be either overlooked or underdeveloped in UPC decision-making which is likely to jeopardize public trust and legitimacy of its decisions. This paper...... analyses how these blind spots can be covered in patent litigation before the UPC within the current legislative framework. The paper focuses on the role of UPC judges as case-managers and decision-makers, on the potential role of third party interveners, and addresses the key role of the parties...

  15. Use of sustainability appraisal by English planning inspectors and judges

    Energy Technology Data Exchange (ETDEWEB)

    Therivel, Riki, E-mail: riki@levett-therivel.co.uk

    2013-01-15

    This article considers how sustainability appraisals (SA - an English form of SEA that also considers social and economic issues) are treated at the end of the plan-making process: by planning inspectors who review plans before they are adopted, and by judges in the case of legal challenge to plans and their SAs. It briefly describes the role of inspectors and judges, and how their decisions influence SA. It presents the conclusions of 81 planning inspectors' reports about local authority development plans and their SAs, including three cases where inspectors required further SA information and reasons given by inspectors for not challenging the legal adequacy of other SAs. The three main successful English legal challenges to SA are then summarised. Planning inspectors seemed prone, until recently, to not challenge even quite poor quality SAs. This seems to be changing in the wake of recent court judgements, and in turn is affecting planners' SA practice. However it is unclear whether these changes will affect only the procedural aspects of SA or also planners' and inspectors' 'hearts and minds'. - Highlights: Black-Right-Pointing-Pointer Inspectors tend to err in favour of the submitted plan, even where its sustainability or the quality of its SA is dubious. Black-Right-Pointing-Pointer In contrast to inspectors, judges seem to be taking a broad and rigorous view of SEA requirements. Black-Right-Pointing-Pointer Planners and inspectors are changing their behaviour to avoid legal challenge.

  16. Use of sustainability appraisal by English planning inspectors and judges

    International Nuclear Information System (INIS)

    Therivel, Riki

    2013-01-01

    This article considers how sustainability appraisals (SA — an English form of SEA that also considers social and economic issues) are treated at the end of the plan-making process: by planning inspectors who review plans before they are adopted, and by judges in the case of legal challenge to plans and their SAs. It briefly describes the role of inspectors and judges, and how their decisions influence SA. It presents the conclusions of 81 planning inspectors' reports about local authority development plans and their SAs, including three cases where inspectors required further SA information and reasons given by inspectors for not challenging the legal adequacy of other SAs. The three main successful English legal challenges to SA are then summarised. Planning inspectors seemed prone, until recently, to not challenge even quite poor quality SAs. This seems to be changing in the wake of recent court judgements, and in turn is affecting planners' SA practice. However it is unclear whether these changes will affect only the procedural aspects of SA or also planners' and inspectors' ‘hearts and minds’. - Highlights: ► Inspectors tend to err in favour of the submitted plan, even where its sustainability or the quality of its SA is dubious. ► In contrast to inspectors, judges seem to be taking a broad and rigorous view of SEA requirements. ► Planners and inspectors are changing their behaviour to avoid legal challenge.

  17. The effectiveness of reintegrative shaming and restorative justice conferences: focusing on juvenile offenders' perceptions in Australian reintegrative shaming experiments.

    Science.gov (United States)

    Kim, Hee Joo; Gerber, Jurg

    2012-10-01

    This article examines the effectiveness of diversionary restorative justice (RJ) conferences through the eyes of juvenile offenders. In Australia, Reintegrative Shaming Experiments (RISE) are based on Braithwaite's theory of reintegrative shaming. Previous studies, although showing that RISE reported high levels of victim satisfaction and positive changes in the attitudes of offenders, also demonstrated that it has different outcomes for juvenile offenders depending on the type of offense with which they were charged. However, the effectiveness of RISE in terms of the offenders' perceptions has not been addressed, and the impact of the offenders' perceptions about RISE still remains under investigation. Using Australian data from RISE between 1995 and 1999, this article examines juvenile offenders' perceptions on preventing reoffending, repaying the victim and society, and the degree of repentance. The data were taken from interviews with juvenile offenders to measure their perceptions after the court or RISE processing. A comparison of standard court processing effects and RISE on juvenile offending, including property crime, shoplifting, and violent offenses, was undertaken. The results from this study were somewhat inconsistent with previous research. In this study, there was no significant relationship between RJ conference and the offenders' own perceptions on the prevention of future offending. However, it was found that there were treatment effects on repaying the victim, repaying society, and the degree of feeling repentance, and that younger offenders wanted to repay the victim/society and feel repentance.

  18. 8 CFR 204.11 - Special immigrant status for certain aliens declared dependent on a juvenile court (special...

    Science.gov (United States)

    2010-01-01

    ... the Act. The petition must be filed on Form I-360, Petition for Amerasian, Widow(er) or Special... immigrant juvenile status. The person filing the petition is not required to be a citizen or lawful... whom a petition for classification as a special immigrant juvenile is filed on Form I-360 before June 1...

  19. The diversity of the Brazilian regional Audit Courts on government auditing

    Directory of Open Access Journals (Sweden)

    André Feliciano Lino

    2017-11-01

    Full Text Available ABSTRACT Currently, the 33 regional audit courts are responsible to monitor the public financial management cycle for states and municipalities and to judge the compliance of governors’ acts to the laws regarding procurement and civil servants’ employment from more than 20,000 governmental entities under their jurisdiction. This article aims to analyze the diversity of internal configuration of these regional audit courts and to discuss the potential associations with the financial auditing quality their teams usually run. We conducted interviews with external auditors and IT directors from 18 courts, followed by triangulation to official documents from the audit courts, such as audit manuals and activities reports. The audit quality drivers were identified within the governmental auditing literature, supporting the evidences collected by the interviews content analysis. Despite all regional auditing bodies in Brazil were based on the Napoleonic model, the analysis indicates the identified configurations vary according to the team’s organization and size, auditor rotation and use of data reporting systems. The discussion shows that dissimilarities on the courts’ configurations, as they are responsible to audit a specific country area, will contribute to a different coercion level on fiscal and accounting issues to state and municipalities, due a combination of characteristics which could mitigate or improve the audit quality. This paper additionally suggests some precautions, based on the organization alignment literature, for the use of proxies to control audit quality effects in the public finance studies in Brazil.

  20. USA SUPREME COURT OF JUSTICE AND EUROPEAN COURT OF JUSTICE (COMPARISON

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    Ovidiu-Horia Maican

    2017-12-01

    Full Text Available The US Supreme Court and the European Court of Justice are coordinating constitutional review. Although the European Union does not have a constitution, the European Court often engages in what functionally amounts to constitutional review, particularly in relation to the quasi-federal structure of the EU. Both courts have engaged in the constitutionalization of politics and seem in risk of politicizing the constitution. The threats to their respective powers and legitimacy are different. The US Supreme Court is vulnerable to internal forces (the President, Congress, national public opinion whereas the European Court is vulnerable to external forces (the member states and, in particular, theirs constitutional courts.

  1. Nudging Domestic Judicial Reforms from Strasbourg: How the European Court of Human Rights shapes domestic judicial design

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    David Kosař

    2017-03-01

    Full Text Available This article discusses to what extent and how the European Court of Human Rights (ECtHR has initiated and engaged in domestic judicial reforms. It shows that the judgments of the Strasbourg Court, rather than having effects only with respect to the individual whose rights have been violated, have much deeper structural effects in the design and operation of domestic judicial systems. This article argues that this phenomenon goes rather unnoticed, but it has deep implications for both the developing and developed European democracies. To demonstrate this phenomenon, this article assesses the impact of the ECtHR on three judicial design issues. First, it illustrates how the ECtHR has challenged the role of the advocates general. Second, it explains how the ECtHR has gradually curbed the jurisdiction of military courts both over civilians and over military officers, which has brought these courts to the brink of their abolition. Finally, it outlines how the ECtHR in its judgments regarding the disciplining of judges empowers the judiciary at the expense of other political institutions within the State. Based on the analysis of these three judicial design issues, we conclude that the Strasbourg Court is affecting the internal architecture of domestic judiciaries as it gradually endorses the unification of court administration and changes the power structures within the judiciary.

  2. Application towards the Concept of Rechtsvinding and Rechtsschepping by the Judges in Deciding a Case

    Directory of Open Access Journals (Sweden)

    Harifin A. Tumpa

    2015-08-01

    Full Text Available The judge may not refuse to examine and to decide a case which has been submitted to the court despite having unclear or non-existent legal pretext. The judge are expected to be able to explore values and sense of justice that grows and embodies the community as the living law. The concept of justice here is not the outcome by the human intellectualism, but rather from his/her own spirit. A justice could not exist or be born from a mere theory, because justice is naturally born from the deepest conscience of a judge who is also a human being. A person’s conscience can not come in sudden, but was born through the process, practice or habit. Either legal finding (Rechtsvinding or the creation of law (rechtsschepping should be used in providing justice for litigants as follows: First, in absence of the relevant rules within the existing legislation. Second, regulated by the law but insufficiently clear and contain multi-interpretations. Third, regulated by the law but no longer meet the public sense of justice (out of date. Fourth, based on a jurisprudence or an expert opinion.

  3. La deseable composición paritaria del Tribunal Constitucional: una propuesta de reforma constitucional // The desirable parity composition of the Constitutional Court: A proposal for constitutional reform

    Directory of Open Access Journals (Sweden)

    Octavio Salazar Benítez

    2018-04-01

    1. Introduction: Legal Engineering vs. Political Culture. 2. The appointment of men and women judges. 3. The composition of the Constitutional Court from the point of view of Gender. 4. Conclusions and Proposals.

  4. RECONSTRUCTION THE AUTHORITY OF CONSTITUTIONAL COURT ON IMPEACHMENT PROCESS OF PRESIDENT AND/OR VICE PRESIDENT IN INDONESIAN CONSTITUTIONAL SYSTEM

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    Hezron Sabar Rotua Tinambunan

    2016-06-01

    Full Text Available In the process of impeachment, Constitutional Court has the obligation to give its judgement to House of Representatives’s opinion regarding allegation of violation by the President and/or Vice President. Constitutional Court checks and judges House of Representatives’s opinion on whether or not the President and/or Vice President works fulfill Article 7A of Constitution of Republic Indonesia 1945 (UUD NRI 1945. The inspection done by Constitutional Court is the judicial process whose decision is in the form of justisil. The result of this impeachment process heavily depends on the judgement of People's Consultative Assembly in its plenary meeting which is also a politics forum, where President and/or Vice President could be dismissed or not. Constitutional Court’s judgement does not apply to People's Consultative Assembly, hence, the difference of Constitutional Court and People's Consultative Assembly’s judgement in plenary meeting that is very political by its nature is very likely to happen. Involvement of Constitutional Court in the procss of impeachment is, of course, different in each country. It depends on governance system in that particular country, it also relies on how much authority that is given by Constitution to Constitutional Court in the process of impeachment itself.

  5. Reference to Foreign Law in the Supreme Courts of Britain and the Netherlands: Explaining the Development of Judicial Practices

    Directory of Open Access Journals (Sweden)

    Elaine Mak

    2012-05-01

    Full Text Available How do judges decide cases in a globalised legal context, characterised by the increased interconnections between legal systems and between actors in these legal systems? In this article, firstly, four types of variables (constitutional, institutional, organisational, and personal which influence judicial practices are described, and it is shown how these variables shape the judicial decision-making of the highest courts in liberal-democratic legal systems. Secondly, the specific development of the use of foreign law in the Supreme Courts of the UK and the Netherlands is analysed in light of the identified variables. In this way, some general insights are provided into the development of judicial decision-making under the effects of globalisation, and it is made clear what the national highest courts can and may do in the specific context in which they are functioning.

  6. Diverting victims of commercial sexual exploitation from juvenile detention: development of the InterCSECt screening protocol.

    Science.gov (United States)

    Salisbury, Emily J; Dabney, Jonathan D; Russell, Kelli

    2015-04-01

    Identifying victims of commercial sexual exploitation in the juvenile justice system is a challenging complexity requiring concerted organizational commitment. Using a three-tiered, trauma-informed screening process, a 3½-month pilot intervention was implemented in Clark County Juvenile Court (Washington) to identify victims in an effort to connect them to community youth advocates and sexual assault resources. A total of 535 boys and girls ages 9 to 19 were screened during intake; 47 of these youth reported risk factors associated with commercial sexual exploitation of children (CSEC) and were subsequently referred to community advocates. Six youth (all girls) were confirmed CSEC victims and were successfully diverted from juvenile detention. Study results suggest that despite the lack of reliable data surrounding the prevalence of CSEC, juvenile justice agencies need to become educated on the risk factors to triage victims to services. © The Author(s) 2014.

  7. Statistical indicators and trends in juvenile delinquency in modern Russia

    Directory of Open Access Journals (Sweden)

    Yuzikhanova E.G.

    2014-12-01

    Full Text Available Statistics of juvenile delinquency in Russia for ten years, allowing to determine its current trends, is presented. It’s noted that earlier the proportion of juveniles among all criminals was about 11-12%. During the period from 2003 to 2013 the proportion of juveniles in the total number of identified offenders decreased to 6%. Despite the reduction in the number of crimes committed by this category of persons, for several years the largest criminal activity is maintained in the age group 16-17 years (70%. Smaller proportion is the age group 14-15 years, there’s a reduction in the number of committed crimes: from 49,300 in 2000 to 19,700 in 2013. Over the same period, the number of reported crimes committed by minors or with their complicity decreased almost three times. With all the ambiguity of attitude to the considered problem, the author defines the role of criminal law policy of the state in response to trends in juvenile crime taking into account its specificity, caused by the complex of interrelated factors related to age, social, psychological characteristics of juveniles as a special social group, the originality of their social status. The legislative novel is considered: the punishment in the form of arrest is not imposed on persons under the age of eighteen by the time of court verdict. It’s summarized that the problems of juvenile delinquency are only partly solved by the humanization of criminal law policy of the state in order to restore social justice, correct the convict and prevent new crimes commission.

  8. "Scared Straight" and other juvenile awareness programs for preventing juvenile delinquency.

    Science.gov (United States)

    Petrosino, A; Turpin-Petrosino, C; Buehler, J

    2002-01-01

    'Scared Straight' and other programmes involve organised visits to prison by juvenile delinquents or children at risk for criminal behavior. programmes are designed to deter participants from future offending through first-hand observation of prison life and interaction with adult inmates. These programmes remain in use world-wide despite studies and reviews questioning their effectiveness. To assess the effects of programmes comprising organised visits to prisons by juvenile delinquents (officially adjudicated or convicted by a juvenile court) or pre-delinquents (children in trouble but not officially adjudicated as delinquents), aimed at deterring them from criminal activity. Handsearching by the first author in identifying randomised field trials 1945-1993 relevant to criminology was augmented by structured searches of 16 electronic data bases, including the Campbell SPECTR database of trials and the Cochrane CCTR. Experts in the field were consulted and relevant citations were followed up. Studies that tested the effects of any program involving the organised visits of juvenile delinquents or children at-risk for delinquency to penal institutions were included. Studies that included overlapping samples of juvenile and young adults (e.g. ages 14-20) were included. We only considered studies that randomly or quasi-randomly (i.e. alternation) assigned participants to conditions. Each study had to have a no-treatment control condition with at least one outcome measure of "post-visit" criminal behavior. We report narratively on the nine eligible trials. We conducted one meta-analysis of post-intervention offending rates using official data. Information from other sources (e.g. self-report) was either missing from some studies or critical information was omitted (e.g. standard deviations). We examined the immediate post-treatment effects (i.e. "first-effects") by computing Odds Ratios (OR) for data on proportions of each group re-offending, and assumed both fixed and

  9. Mental health court outcomes: a comparison of re-arrest and re-arrest severity between mental health court and traditional court participants.

    Science.gov (United States)

    Moore, Marlee E; Hiday, Virginia Aldigé

    2006-12-01

    Mental health courts have been proliferating across the country since their establishment in the late 1990's. Although numerous advocates have proclaimed their merit, only few empirical studies have evaluated their outcomes. This paper evaluates the effect of one mental health court on criminal justice outcomes by examining arrests and offense severity from one year before to one year after entry into the court, and by comparing mental health court participants to comparable traditional criminal court defendants on these measures. Multivariate models support the prediction that mental health courts reduce the number of new arrests and the severity of such re-arrests among mentally ill offenders. Similar analysis of mental health court completers and non-completers supports the prediction that a "full dose" of mental health treatment and court monitoring produce even fewer re-arrests.

  10. Evaluating judge performance in sport.

    Science.gov (United States)

    Looney, Marilyn A

    2004-01-01

    Many sports, such as, gymnastics, diving, ski jumping, and figure skating, use judges' scores to determine the winner of a competition. These judges use some type of rating scale when judging performances (e.g., figure skating: 0.0 - 6.0). Sport governing bodies have the responsibility of setting and enforcing quality control parameters for judge performance. Given the judging scandals in figure skating at the 1998 and 2002 Olympics, judge performance in sport is receiving greater scrutiny. The purpose of this article is to illustrate how results from Rasch analyses can be used to provide in-depth feedback to judges about their scoring patterns. Nine judges' scores for 20 pairs of figure skaters who competed at the 2002 Winter Olympics were analyzed using a four-faceted (skater pair ability, skating aspect difficulty, program difficulty, and judge severity) Rasch rating scale model that was not common to all judges. Fit statistics, the logical ordering of skating aspects, skating programs, and separation indices all indicated a good fit of the data to the model. The type of feedback that can be given to judges about their scoring pattern was illustrated for one judge (USA) whose performance was flagged as being unpredictable. Feedback included a detailed description of how the rating scale was used; for example, 10% of all marks given by the American judge were unexpected by the model (Z > |2|). Three figures illustrated differences between the judge's observed and expected marks arranged according to the pairs' skating order and final placement in the competition. Scores which may represent "nationalistic bias" or a skating order influence were flagged by looking at these figures. If sport governing bodies wish to improve the performance of their judges, they need to employ methods that monitor the internal consistency of each judge as a many-facet Rasch analysis does.

  11. ACCESS TO JUSTICE AND THE INSTITUTIONAL LIMITS OF INDEPENDENT COURTS

    Directory of Open Access Journals (Sweden)

    Micah B. Rankin

    2012-02-01

    Full Text Available Canadian citizens’ inability to access courts has been a subject of controversy for decades. Despite widespread evidence that Canada’s legal aid system is faltering, governments continue to be unwilling to commit the resources necessary to remedy the problem. In the meantime, Canadian courts have failed to develop constitutional standards defining the government’s obligations to ensure that Canadians have access to courts. In this paper, the author argues that people’s inability to access courts and obtain legal representation not only has implications for their rights and interests, but may also create specific burdens on courts and judges that can sometimes undermine their independence. The author argues that the traditional view of judicial independence is too narrow and should be expanded. Judicial independence, the author claims, is best understood as a variable bundle of rights, guarantees and powers conferred on courts and judges that preserves and enhances their abilities to adjudicate impartially, maintain a constitutional distribution of powers and uphold the rule of law. Since people’s inability to access courts and obtain legal representation can impair the judiciary’s ability to preserve these values, the author argues that judicial independence is undermined. Relying on his broadened conception of judicial independence, the author claims that it is possible to correct problems of inaccessibility by recognizing that courts have a power to appoint state-funded counsel in appropriate circumstances in order to preserve their independence. L’incapacité des Canadiens d’avoir accès aux tribunaux est sujet de controverse depuis des décennies. En dépit des nombreuses preuves de l’affaiblissement du système d’aide juridique du Canada, les gouvernements refusent encore d’engager les ressources nécessaires pour remédier au problème. Parallèlement, les tribunaux canadiens n’ont pas réussi à élaborer des

  12. THE POSITION OF JUVENILES IN THE NEW CRIMINAL LAW OF THE REPUBLIC OF SERBIA

    Directory of Open Access Journals (Sweden)

    Dragan Jovašević

    2008-01-01

    Full Text Available The new juvenile (substantive, procedural and executive criminal law came into force at the beginning of 2006 in the Republic of Serbia.. In this way, by concluding its reform of criminal law, the Republic of Serbia followed the trends of modern criminal policies of other developed European countries (France, Germany, and Croatia. Therefore, in that special, specifi c way, it determined the criminal legal status of juveniles. That specifi city is refl ected in various directions : 1 Lex specialis was brought in – a special Act on juvenile perpetrators of criminal acts and the criminal legal protection of juveniles when juveniles in their criminal legal position are completely separate from the status of adults as perpetrators of criminal acts, 2 the special authority of district courts is determined for taking action in criminal cases of juvenile perpetrators of criminal acts, 3 compulsory specialisation is provided for persons in the criminal judiciary taking part in criminal proceedings for juvenile perpetrators of criminal acts ( with previous training and issuing of licences ‘certifi cates’ and 4 besides criminal sanctions, the law has provided for juvenile perpetrators of criminal acts the possibility of sentencing specifi c measures sui generis – educational orders ( directions or recommendations – as means of restorative justice by which the commencement or carrying out of legal action is avoided. This paper precisely deals with this new criminal legal position of juvenile perpetrators of criminal acts and with the new institutions of restorative justice from theoretical, practical and comparative legal aspects.

  13. Laverne A. Jacobs & Justice Anne L. Mactavish, eds., Dialogue Between Court And Tribunals – Essays In Administrative Law And Justice (2001- 2007

    Directory of Open Access Journals (Sweden)

    Gerald P. Heckman

    2009-10-01

    Full Text Available “Dialogue between Courts and Tribunals,” a title that could describe the interplay between judges and decision-makers in the context of the judicial review of administrative decisions, in fact refers to a series of annual roundtables organized by the Canadian Institute for the Administration of Justice [CIAJ].

  14. Hydrology and Ecology Go to Court

    Science.gov (United States)

    Wise, W. R.; Crisman, T. L.

    2009-04-01

    The authors were involved in a high profile case in the United States District Court involving Lake Okeechobee and the Everglades Agricultural Area in the State of Florida. One of the central issues of the case rested on a theory that all navigable waters of the United States comprised one "unitary" water body, and as such, transfer of water from one navigable water to another did not require any permitting action. Should this theory have prevailed, great precedent would be set regarding inter-basin transfer of volumes of water capable of significantly impact to the ecologic structure and function of all involved basins. Furthermore, the impact would certainly have had demographic implications of great significance. We were asked to serve as an expert witnesses in the case charged with developing a strategy to demonstrate that three large irrigation canals were "meaningfully hydrologically distinct" (language from the U.S. Supreme Court opinion on a related case) from Lake Okeechobee, the second largest freshwater lake wholly in the continental U.S. Although a totally hydrologic approach could have been taken easily, it was thought better for the legal team to include an aquatic ecologic perspective, a true example of the linkage of the two disciplines into ecohydrology. Together, an argument was crafted to explain to the judge how, in fact, the waters could in no way be "unitary" in character and that they were "meaningfully hydrologically distinct." The fundamentals of the arguments rested on well known and established principles of physics, chemistry, and biology. It was incumbent upon the authors to educate the judge on how to think about hydrologic and ecologic principles. Issues of interest to the judge included a forensic assessment of the hydrologic and ecologic regime of the lake and the original Everglades system when the State of Florida first joined the U.S. While there are anecdotal archives that describe some elements of the system, there are few

  15. Importance of court practice review in Russian arbitration (commercial) court proceedings

    OpenAIRE

    Solovyev, A.

    2013-01-01

    The article concerns the matters of court practice review in terms of participation in arbitration (commercial) court proceedings. The author gives general description of the system of the arbitration courts administering business and economic justice in the Russian Federation, covered the key areas and worked out the practical recommendations concerning the focal points of arranging the appropriate work in respect of review of law enforcement practice of such courts.

  16. Power, Process, and Protection: Juveniles as Defendants in the Justice System.

    Science.gov (United States)

    Woolard, Jennifer L; Henning, Kristin; Fountain, Erika

    The juvenile court was created in 1899 in part to remedy the unfairness of trying youth in the adult criminal justice system, but its success at rectifying those problems is unclear. One concern is that the vast majority of youth who are adjudicated delinquent are adjudicated after waiving their right to trial and entering a guilty plea. Fairness and equity in the plea bargaining process are premised on the assumption that youth have the capacity to understand and elect between available options and will be given a meaningful opportunity to choose without coercion and deception. In legal terms, the Constitution will only sanction a plea when the defendant makes a knowing, voluntary, and intelligent waiver of her right to trial. In this chapter, we briefly describe the juvenile court process and explain the circumstances of a plea bargain, which constitutes both a waiver of Constitutional rights and an agreement to certain conditions. Then we evaluate the research and practice knowledge regarding the legal components of a valid waiver-that it must be knowing and voluntary. We consider how information, capacity, and circumstance contribute to a knowing waiver. Then we examine how procedural justice, paternalism, and coercion may affect a voluntary waiver. Throughout, we consider whether the people, policies, and practices meant to assess and safeguard that waiver decision fulfill their intended purpose. © 2016 Elsevier Inc. All rights reserved.

  17. Scientific profile and professional responsibility of Court-appointed Medical Technical Consultants in Italy: time for a specific educational curriculum?

    Science.gov (United States)

    Conti, Andrea Alberto

    2014-08-20

    Court-appointed Technical Consultants (CTCs) are fundamental figures in the Italian judicial system. CTCs are experts appointed by judges in order to supplement their activities by ascertaining, collecting and analyzing facts concerning the specific subject of a lawsuit. These experts formulate opinions, gather motivations and perform checks to provide clear, objective and irrefutable answers to the questions posed by judges. With direct reference to the medical field, while police doctors (specialists in forensic medicine) follow an academic, dedicated, well-structured educational curriculum, the University specialty school in Forensic Medicine, other medical CTCs, though not infrequently luminaries with one or many medical specialties and professional acknowledgments, may have no specific legal-medicine and juridical expertise, precisely because a similar expertise is not formally required of them. In the light of these considerations, in Italy some professionals of the legal world, and of the health context too, have proposed for medical CTCs targeted educational pathways, which would provide these experts with formal specific qualifications. In synthesis and in conclusion, a full knowledge and a rigorous respect of the rules of legal proceedings emerge as increasingly important characteristics for current and future Court-appointed Technical Consultants, together with a specific educational curriculum.

  18. Forced Displacement and State Council. The Judge who Had a Wide Range of Arguments but not a Broad Extent of Decisions

    Directory of Open Access Journals (Sweden)

    Miguel Andrés López Martínez

    2014-07-01

    Full Text Available People in forced displacement can receive reparations through the State liability declarations by a judge. Judgment could involve some disadvantages but it is still probably to overcome them if the judge attends experts’ recommendations. Theorists were inspired in unconstitutional statu quo showed by Constitutional Court in T-025 case in 2004. We attempt to identify the proposals that influenced the State liability area and specifically the way in which they changed the frame of administrative judge’s decisions. First, we identified 18 theoretical scape lines, as alternatives to understand in a wider sense the damage, its imputation and reparation in a judicial landscape. Second, we attempt to establish if the State Council was influenced by the theorists’ suggestions, by studying four decisions published from 2004 until 2010. The evidence has shown that the administrative judge was far from the theorists’ proposals, although his attempts to offer better conditions to the victims.

  19. THE ACTIVE ROLE OF THE JUDGE IN THE FIELD OF UNFAIR TERMS LITIGATION

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    Liviu-Titus Paveliu

    2014-11-01

    Full Text Available Unfair contract terms mark a delicate area in the field of consumer protection given the premise in which the consumer finds himself. This field of private law stems from the idea that the consumer needs an enhanced protection which from a legal standpoint may consist of introducing of measures of substantial law that can provide support in the precontractual phase, with evidence and even in understanding the legal consequences at hand. At a first glance, these comprise most of the benefits a consumer is granted and may choose to utilize in a litigation procedure against a professional in case on unfair contract terms. However, there is also a lesser known benefit that comes in the form of the obligation of the national courts to sanction on its own motion and in any procedural phase the occurrence of unfair contract terms. This line of thought has support within the Romanian legal system, but the decisive arguments in this sense com in the form of the case law of the Court of Justice of the European Union from the past decades. The purpose of this paper is to analyze the hystorical evolution of the active role of the court in civil law litigation, especially from the perspective of unfair terms cases in which consumers are parties to the proceedings, and to highlight the process that the Romanian judges have to follow in solving this type of cases.

  20. Overview of Court Practice Relating to the Right of the Limited Use of Someone Else's Property in an English Law

    Directory of Open Access Journals (Sweden)

    Viktoria S. Arhipova

    2016-09-01

    Full Text Available In this article author carries out the detailed overview of the court practice concerning the right of limited use of someone else's property in system of a common law. In it definition the concept "servitude", servitude signs of an English law is given, each of them is in detail described and additional requirements which are necessary for existence of the servitude are described. In the conclusion the author emphasizes that the case law, unfortunately, has for the judge certainly no binding force. In certain cases the judge has the right to deviate from precedents and to pass the decision, new on the content. This fact proves flexibility of case law, but at the same time and some uncertainty, the choice of one of a set of the available precedents and its interpretation at discretion depends on the judge.

  1. Justice policy reform for high-risk juveniles: using science to achieve large-scale crime reduction.

    Science.gov (United States)

    Skeem, Jennifer L; Scott, Elizabeth; Mulvey, Edward P

    2014-01-01

    After a distinctly punitive era, a period of remarkable reform in juvenile crime regulation has begun. Practical urgency has fueled interest in both crime reduction and research on the prediction and malleability of criminal behavior. In this rapidly changing context, high-risk juveniles--the small proportion of the population where crime becomes concentrated--present a conundrum. Research indicates that these are precisely the individuals to treat intensively to maximize crime reduction, but there are both real and imagined barriers to doing so. Mitigation principles (during early adolescence, ages 10-13) and institutional placement or criminal court processing (during mid-late adolescence, ages 14-18) can prevent these juveniles from receiving interventions that would best protect public safety. In this review, we synthesize relevant research to help resolve this challenge in a manner that is consistent with the law's core principles. In our view, early adolescence offers unique opportunities for risk reduction that could (with modifications) be realized in the juvenile justice system in cooperation with other social institutions.

  2. Are Adolescents Less Mature than Adults?: Minors' Access to Abortion, the Juvenile Death Penalty, and the Alleged APA "Flip-Flop"

    Science.gov (United States)

    Steinberg, Laurence; Cauffman, Elizabeth; Woolard, Jennifer; Graham, Sandra; Banich, Marie

    2009-01-01

    The American Psychological Association's (APA's) stance on the psychological maturity of adolescents has been criticized as inconsistent. In its Supreme Court amicus brief in "Roper v. Simmons" (2005), which abolished the juvenile death penalty, APA described adolescents as developmentally immature. In its amicus brief in "Hodgson v. Minnesota"…

  3. The psychiatric report as moral tool: a case study in a French district court.

    Science.gov (United States)

    Fernandez, Fabrice; Lézé, Samuel

    2014-09-01

    Mental health evaluation within a legal setting is widely seen as a power to judge. The aim of this paper is to challenge this current thesis, which was popularised by Michel Foucault, who encapsulated the notion in a brief sentence: "The sordid business of punishing is thus converted into the fine profession of curing" (Foucault, 2003: 23). On the basis of an ethnography of a French district court (between September 2008 and May 2009, n = 60 trials) including interviews with judges (n = 10) and psychiatrists (n = 10), we study the everyday penal treatment of sexual offenders using psychiatric reports. Our findings show how (i.) the expectations of the judges select the psychiatrists' skills (based on the following criteria for their reports: accessibility of knowledge, singularization and individualization of content) and (ii.) reframe the psychiatric report as a moral tool. The clinical reasoning of forensic psychiatrists in their reports offer moral affordances due to their clinical caution regarding the risk of recidivism (therapeutic and criminological reversal, moral prevention). Both the judges' evaluation and the psychiatrists' clinical authority are shaped by a moral economy of dangerousness, which eclipses the idea of lack of criminal responsibility. In conclusion, we show that these unintended effects are necessarily of interest to most clinical practitioners engaged in work as expert witnesses. Copyright © 2014 Elsevier Ltd. All rights reserved.

  4. COURT OF JUSTICE OF THE EUROPEAN UNION - INTERNATIONAL COURT

    Directory of Open Access Journals (Sweden)

    Ioana Nely Militaru

    2015-11-01

    Full Text Available Court of Justice of the European Union (CJEU performs according to its competence, the position of International Justice in solving disputes between two or more subjects of international law. International jurisdiction of the Court of Justice of the EU is - mandatory that each Member State has the opportunity to seize this court if it considers that another state violated an obligation incumbent upon it under Union Treaties; - optional in disputes between Member States in connection with the subject Union Treaties.

  5. Sendai High Court rejects residents' appeal to nullify gov't permit for Fukushima II-1

    International Nuclear Information System (INIS)

    Anon.

    1990-01-01

    The Sendai High Court on March 20 rejected an appeal made by 33 residents in Naraha-cho, Fukushima Prefecture, to nullify the government permit for Tokyo Electric Power Co.'s plan to establish Fukushima II Nuclear Power Plant Unit 1 (1,100 MW, BWR) near their homes, upholding the Fukushima District Court's 1984 ruling that the government's examination is adequate to ensure safety of the Unit. The plaintiffs are considering taking the case to the Supreme Court. This is the first ruling on the safety of a nuclear power plant in Japan, after the Chernobyl accident in 1986. Unit 1 is currently in operation. Presiding Judge Yoshio Ishikawa approved almost entirely the government's arguments except that on the competence of the plaintiff. The judgement said that the 33 residents living within the radius of fifty and several kilometers from the reactor facilities have plaintiff competency, because if the safety of the reactor facilities could not be assured, the facilities could possibly present a grave danger to the lives and health of the residents. The ruling said that issuing the reactor installation permit was committed to the government's special technical discretion. (N.K.)

  6. Regional International Courts in Search of Relevance - Adjudicating Politically Sensitive Disputes in Central America and the Caribbean

    DEFF Research Database (Denmark)

    Caserta, Salvatore

    2017-01-01

    The Central American and of the Caribbean Courts of Justice (CACJ and CCJ) are hybrid judicial institutions. While their Member States chiefly envisaged them as EU-style regional economic courts, they have explored the whole extension of their formally delegated functions and have developed pecul...... sensitive issues becomes less surprising, and – the article argues – it constitutes part of a strategy of the judges to legitimize the two Courts vis-à-vis their peculiar institutional, political, and social environments....... peculiar expertise in matters relating to freedom of movement, human and fundamental rights, and mega-politics. The article explains how two ICs seemingly established to build common markets have come to rule on high-stakes political disputes, which, ostensibly, have little to do with regional economic...... integration. The article posits that the scholarship on delegation to ICs is only partially able to provide an answer to this question. It, hence, suggests an alternative theoretical framework by relying on transnational field theory and reflexive sociology. The article demonstrates that, despite the rhetoric...

  7. ESTIMATING A DOSE-RESPONSE RELATIONSHIP BETWEEN LENGTH OF STAY AND FUTURE RECIDIVISM IN SERIOUS JUVENILE OFFENDERS*

    Science.gov (United States)

    Loughran, Thomas A.; Mulvey, Edward P.; Schubert, Carol A.; Fagan, Jeffrey; Piquero, Alex R.; Losoya, Sandra H.

    2009-01-01

    The effect of sanctions on subsequent criminal activity is of central theoretical importance in criminology. A key question for juvenile justice policy is the degree to which serious juvenile offenders respond to sanctions and/or treatment administered by the juvenile court. The policy question germane to this debate is finding the level of confinement within the juvenile justice system that maximizes the public safety and therapeutic benefits of institutional confinement. Unfortunately, research on this issue has been limited with regard to serious juvenile offenders. We use longitudinal data from a large sample of serious juvenile offenders from two large cities to 1) estimate a causal treatment effect of institutional placement, as opposed to probation, on future rate of rearrest and 2) investigate the existence of a marginal effect (i.e., benefit) for longer length of stay once the institutional placement decision had been made. We accomplish the latter by determining a dose-response relationship between the length of stay and future rates of rearrest and self-reported offending. The results suggest that an overall null effect of placement exists on future rates of rearrest or self-reported offending for serious juvenile offenders. We also find that, for the group placed out of the community, it is apparent that little or no marginal benefit exists for longer lengths of stay. Theoretical, empirical, and policy issues are outlined. PMID:20052309

  8. Alternatives to criminal procedure against juvenile and young adult offenders and alternative to criminal procedure in the cases of domestic violence

    Directory of Open Access Journals (Sweden)

    Cvjetko Božica

    2006-01-01

    Full Text Available In the paper, the author is analyzing the Act on juvenile courts of the Republic of Croatia, which foresees a broad possibility of implementing the principle of opportunity in the pre-trial, i.e. reinvestigation phase of the procedure in terms of the decision of the public prosecutor about the criminal charge against these persons, including the implementation of particular obligations as informal sanctions. Particular attention is paid to the special obligation called off-court agreement. The aim of the off-court agreement is “reconciliation between the juvenile or young adult offender and the victim of the crime, and establishment of the social peace”. Similar project and the implementation of the principle of opportunity is used in the cases of the criminal offence of domestic violence. The main aim of these obligations is to offer professional assistance to the families which are in crisis and have difficulties related to the violent behavior of one family member - mostly the father. Such an approach is more efficient than the long lasting criminal procedure, testifying and strengthening the crisis in the family. This paper gives also an insight into the legal provisions concerning this measure and its implementation in practice.

  9. Federal Constitutional Court - report on Court decisions 1984 no. 40-56

    International Nuclear Information System (INIS)

    Berkemann, J.

    1985-01-01

    The decision deals with the question to which extent administrative courts have to examine the case in summary proceedings against licences pursuant to Atomic Energy Law. The Federal Constitutional Court examines the question if the administrative court has, in checking the chances, misjudged the importance of the appellant's fundamental rights and thus infringed his constitutionally protected position. In this case, the Court comes to the result that after having adjusted the determined interests, the confirmation of immediate execution did not infringe the fundamental rights of the appellant. (HP) [de

  10. The Role of Family Affect in Juvenile Drug Court Offenders' Substance Use and HIV Risk

    Science.gov (United States)

    Tolou-Shams, Marina; Hadley, Wendy; Conrad, Selby M.; Brown, Larry K.

    2012-01-01

    Family-based interventions targeting parenting factors, such as parental monitoring and parent-child communication, have been successful in reducing adolescent offenders' substance use and delinquency. This pilot, exploratory study focuses on family and parenting factors that may be relevant in reducing juvenile offenders' substance use and sexual…

  11. Unformed minds: juveniles, neuroscience, and the law.

    Science.gov (United States)

    Harman, Oren

    2013-09-01

    Recently, the question of adolescent culpability has been brought before the Supreme Court of the United States for reconsideration. Neuroscience, adolescent advocates claim, is teaching us that young people cannot be found fully responsible for their actions. The reason: their brains are not fully formed. Here I consider the history of the use of scientific evidence in the courtroom, a number of adolescent murder cases, and the data now emerging from neuroscience, and argue that when it comes to brains, judges, just like the rest of us, are unnecessarily impressed. Ultimately, how we determine culpability should rest on normative and ethical considerations rather than on scientific ones. Copyright © 2013 Elsevier Ltd. All rights reserved.

  12. The protection of juveniles under Cameroon criminal law and procedures through the lens of international standards

    Directory of Open Access Journals (Sweden)

    Thomas Ojong

    2017-10-01

    Full Text Available While the legislative framework on the adminitration of juvenile justice in Cameroon may currently be adequate and in compliance with the international conventions ratified by the State, the implementation of the national law should be the primary mechanism through which human rights are realized. Cameroon is usually said to be a State with good laws but poor implementation. With recourse to the normative and empirical methods, this article explores the provisions on the protection of juveniles in Cameroon criminal law and procedures through the lens of internationally recognized principles. It looks at the provisions as they are interpreted and applied by the Courts. The prospect being to invite the Government and all the stakeholders to embark on establishing the structures provided for and ensure effectiveness in the enforcement of juvenile justice in the country so as to overcome the current weaknesses that the system is experiencing.

  13. How ordinary judges and juries decide the seemingly complex technological questions of patentability over the prior art.

    Science.gov (United States)

    Kieff, F Scott

    2003-01-01

    Determinations of patentability over the prior art are often thought to raise questions that are so technologically complex that they require special training and judgment to answer, especially in fast-moving fields like modern biotechnology. This essay explores the somewhat counterintuitive argument that under the U.S. system they do not and should not. According to this view, determinations of patentability over the prior art are based entirely on factual inquiries that are best made by lay judges and juries, just like the factual determinations these people regularly make in any ordinary nonpatent trial. This is good because judges and juries are adept at these determinations, and because appellate courts are adept at reviewing them. It leads to a system that is cheaper overall in allowing private litigants to better predict outcomes that also better approximate the correct answer than would be possible under other regimes premised upon the expert technological knowledge and judgment of a decisionmaker.

  14. [Causation in the court: the complex case of malignant mesothelioma].

    Science.gov (United States)

    Lageard, Giovanni

    2011-01-01

    The aim of this paper is to carry out an analysis of the legal evolution in Italy of the assessment of causation i.e. cause and effect, in oncological diseases, a question taken into consideration by the High Court almost exclusively with reference to pleural mesothelioma. The most debated question when defining the causal association between asbestos exposure and mesothelioma is the possible role that any multiple potentially causative exposures could assume in the induction and development of the disease, and in particular the role of any asbestos exposure over the successive employment periods. Indeed, this is a subject on which, to date, no agreement has yet been reached in scientific doctrine: these divergences bear important practical significance from a legal point of view, since sustaining one thesis or another may constitute determining factors when ascertaining responsibility for individuals who, in the past, had decisional statuses in the workplace. Jurisprudence in the High Court took on an oscillating position on this question as from the early 2000s, which was divided into those who sustained the thesis of the relevance of any asbestos exposure over the successive employment periods and those who were of a different opinion, i.e. only the first exposure period has relevant causative effect. The point under discussion concerns, in particular, the adequacy of a probabilistic law only governing such a question. An important turning point was made in the year 2010 when two sentences were announced in the High Court, reiterating, in strict compliance with the principles affirmed by the United Sections in 2002, that a judge cannot, and must not, be satisfied with a general causation, but must rather reach a judgment on the basis of an individual causation. In particular, not only did the second of these two sentences recognise the multifactorial nature of mesothelioma, something which had almost always been denied in jurisprudence in the past, but it also

  15. Children with Disabilities in Poor Households: Association with Juvenile and Adult Offending.

    Science.gov (United States)

    Oshima, Karen M Matta; Huang, Jin; Jonson-Reid, Melissa; Drake, Brett

    2010-06-01

    Disabled youths are arrested, adjudicated, and recidivate at higher rates than their nondisabled peers. Although multiple theories have been offered to explain the relationship between disability and delinquency, the empirical evidence is limited and contradictory. Little is known about how disability may be associated with offending once poverty and family risks like maltreatment are controlled for. Using administrative data from a Midwest state, this article discusses results from a Cox regression of juvenile and young adult offending outcomes for low income disabled compared with nondisabled youths (N = 1,568). Youths with disabilities had higher rates of juvenile court petitions than similarly low-income peers. In models of adult offending, there was no relationship between disability status and adult arrest, but youths who had received educational services for emotional disturbance or other categories of health impairment had higher risk of entering adult corrections.

  16. LAW ENFORCEMENT PREPAREDNESS FOR THE IMPLEMENTATION OF INDONESIA’S LAW ON JUVENILE JUSTICE SYSTEM

    Directory of Open Access Journals (Sweden)

    Dani Krisnawati

    2014-03-01

    Full Text Available Paradigmatic changes stipulated in Law Number 11 of 2012 on Juvenile Justice System, including regulations concerning restorative justice and diversion require the competency and skills of the law enforcement officers. This research identifies measures that have been taken and the existing barriers in preparing for the implementation of this Law. The research demonstrates that the readiness of the investigators and child prosecutors are merely limited to the outreach of Law Number 11 of 2012, whilst knowledge of the court judges only covers the draft Law. The number of officers receiving outreach is limited and should be increased. Negative perception on the officers due to the risk of a bribery accusation is feared to hamper the implementation of diversion regulation based on a restorative justice. Perubahan paradigmatik yang termuat dalam Undang-Undang Nomor 11 Tahun 2012 tentang Sistem Peradilan Pidana Anak, termasuk diantaranya ketentuan mengenai keadilan restoratif dan diversi, memerlukan kompetensi dan keahlian aparat penegak hukum. Penelitian ini mengidentifikasi langkah yang telah dilakukan dan kendala persiapan implementasi Undang-Undang tersebut. Hasil penelitian memperlihatkan bahwa kesiapan penyidik dan penuntut umum anak masih terbatas pada partisipasi sosialisasi Undang-Undang Nomor 11 Tahun 2012, sedangkan hakim anak memiliki pengetahuan hanya pada Rancangan Undang-Undang. Jumlah aparat yang menerima sosialisasi Undang-Undangmasih terbatas dan perlu ditingkatkan jumlahnya. Pandangan negatif terhadap aparat karena bisa menimbulkan dugaan suap dikhawatirkan menjadi penghambat diterapkannya ketentuan diversi dengan pendekatan keadilan restoratif.

  17. Information System of Resolution of Procedural Incidents and Management of the Modifications Made to the Electronic Court Registration

    Directory of Open Access Journals (Sweden)

    Ştefan Gheorghe PENTIUC

    2011-01-01

    Full Text Available This information system was made for its use by the staff responsible for random distribution of cases to the courts. The Information System of Resolution of Procedural Incidents and Management of the Modifications Made to the Electronic Court Registration consists of three new developed modules: the management module is a Web application which chronicles the modifications made in the electronic court registration, regarding the random assignment of cases,the resolution of procedural incidents, which is a Web service whose logic implements a logic Semantic Web application and the module of confirming judges which is a windows service running on the judges’ workstations. The Web service implements a Semantic Web application which processes the knowledgebase achieved through OWL ontology (Ontology Web Language by applying inferences leading to the correct solution. If this does not solve the problem, a set of associated Jena rules are used to infer and generate new knowledge. It also uses the SPARQL(SPARQL Protocol and RDF Query Language language that allows queries on the knowledge,similar to the classic query languages of databases. The novelty of the new conceived, designed and implemented system consists in accessing the domain knowledge as a web service to solve the procedural incidents occurred in electronic court registration.

  18. An all-encompassing study of an authentic court setting

    DEFF Research Database (Denmark)

    Christensen, Tina Paulsen

    necessarily be judged from a particular (subjective) perspective on the communicative event. In this paper I shall address the issue of interpreting quality in an all-encompassing perspective on an authentic Danish courtroom setting. The aim of the empirical case-based survey is unlike that of most existing...... but homogeneous. Several empirical studies, which have been carried out on this subject, have shown that different user groups have different expectations about the interpreted communicative event, which ceteris paribus means that user expectations are heterogeneous. The question is, whether the heterogeneity......, which are to be considered as expectancy norms projected and recommended by the specific legal system. In order to be able to answer this question, a questionnaire-based survey on specific quality criteria has been conducted within an authentic interpreter-mediated court setting, because, according...

  19. A (FORENSIC STYLISTIC ANALYSIS OF ADVERBIALS OF ATTITUDE AND EMPHASIS IN SUPREME COURT DECISIONS IN PHILIPPINE ENGLISH

    Directory of Open Access Journals (Sweden)

    Hjalmar Punla Hernandez

    2017-09-01

    Full Text Available Contemporarily, stylistics today has developed into its multiplicity – one of which is forensic stylistics. Being a powerfully legal written discourse, Supreme Court decisions are a rich corpus in which linguistic vis-a-vis stylistic choices of Court justices could be examined. This study is a humble attempt at stylistically analyzing Supreme Court decisions in Philippine English (PhE drafted by two Filipino justices. Specifically, it sought to investigate on the classes, placements, and environments of adverbials of attitude and emphasis employed by the two justices, and drew their implications to teaching and learning English for Legal Purposes (ELP. Using McMenamin (2012, Quirk, Greenbaum, Leech, and Svartvik (1985, and Dita’s (2011 frameworks, 54 randomly selected Supreme Court decisions as primary sources of legal language were analyzed. Results are the following. Firstly, the classes of adverbials of attitude in Supreme Court decisions in PhE used by the two judges were the evaluation to the subject of the clause, judgment to the whole clause, and evaluation to an action performed by the subject of the clause, while those adverbials of emphasis were adverbials of conviction and doubt. Secondly, both adverbials they used have placements that were frequently medial and less initial in sentences where they belonged. Thirdly, the two justices put their adverbials within two principal environments, i.e. within functor, and before/after the verb among others. In these regards, legal and stylistic explanations with respect to these recurrent linguistic features in the two justices’ Court decisions were revealed. Implications of the study to ELP are explained. Lastly, trajectories for future (forensic stylistic analyses have been recommended.

  20. A plea for caution: violent video games, the Supreme Court, and the role of science.

    Science.gov (United States)

    Hall, Ryan C W; Day, Terri; Hall, Richard C W

    2011-04-01

    On November 2, 2010, the US Supreme Court heard arguments in the case of Schwarzenegger v Entertainment Merchants Association, with a ruling expected in 2011. This case addressed whether states have the right to restrict freedom of speech by limiting the sale of violent video games to minors. To date, 8 states have tried to pass legislation to this effect, with all attempts being found unconstitutional by lower courts. In large part, the Supreme Court's decision will be determined by its review and interpretation of the medical and social science literature addressing the effects of violent video games on children. Those on both sides of the violent video game debate claim that the scientific literature supports their opinions. Some involved in the debate have proclaimed that the debate is scientifically settled and that only people holding personal interests and biases oppose these "established truths." We review the historical similarities found in the 1950s comic book debate and studies identified from a PubMed search of the term violent video games showing both the harmful and beneficial effects of these video games. We define factors that physicians need to consider when reading and stating opinions about this literature. Opinions from past court rulings are discussed to provide insight into how judges may approach the application of these social science studies to the current legal issue. Although on the surface the case of Schwarzenegger v Entertainment Merchants Association pertains only to the restriction of violent video games, it may establish principles about how medical and public health testimony can affect fundamental constitutional rights and how much and on what basis the courts will defer to legislators' reliance on unsettled science.

  1. Control of decisions in proceedings at administrative courts relating to the Federal Act for Protection Against Nuisances and to the Atomic Energy Law

    International Nuclear Information System (INIS)

    Sellner, D.

    1980-01-01

    The author examines especially those lawsuits where the judicial decision depends - among other things - on the prior settling of most difficult technological questions. The decision on Kalkar given by the Federal Court of Justice is so important because it confirms that largely unclear legal terms are unobjectionable from the point of view of constitutional law. Using other findings, the author discusses the extension of legal protection as to include earlier stages of licensing procedures, foreclosure, the tightness of controls in case of review and subsequent assessment of difficult scientific or technological issues, risk assessment and its evaluation by the executive and judiciary. Law leaves final decision and assessment up to the executive power, the review of the framework up to the court. The problems mentioned can be solved without having to set up a science court or to install a judge who is an expert in technologies. (HSCH) [de

  2. The Influence of Cognitive Biases on Court Decisions. Contributions of Legal Psychology to the Adversary Criminal Proceedings

    Directory of Open Access Journals (Sweden)

    Paola Iliana De la Rosa Rodríguez

    2016-06-01

    Full Text Available The purpose of this paper is to disperse among the judiciary and society the psychological procedures involved in the decision-making process of judges since they are not only influenced by law but by previous ideas and values. It is worth questioning: in what extent their personal views and beliefs are the bases of verdicts? How can aversions and public opinion have an impact in the court decision? This paper analyzes and states the differences of the judicial role in the Mexican adversarial system and the inquisitorial models of justice. It also critiques the categories of the judicial officers and presents the circumstances that make an impact on judicial decisions, according to Psychology studies. It finally classifies cognitive biases and concludes that the more knowledge judges have about it, the more imparcial judgments will be.

  3. How is a Judicial Decision Made in Parental Religious Disputes? An analysis of determining factors in Dutch and European Court of Human Rights case law

    Directory of Open Access Journals (Sweden)

    Jet Tigchelaar

    2016-07-01

    Full Text Available In the last few decades courts have been confronted with a variety of cases concerning the effects of the religious views and practices of parents on their children. In the Netherlands, family law courts, for example, have had to decide on the choice between secular or religious schooling, on religious rituals like circumcision and baptism, and on the exposure of children to (non-religious practices, when dealing with the contact arrangements. The case law of the European Court of Human Rights shows that family law courts in several other European countries have also had to rule on the impact of parents’ religious practices on their children in the context of parental rights, such as custody and contact rights. In this contribution we investigate the factors used by Dutch judges to assess the best interests of the child in cases on religious disputes between parents. Furthermore, we analyse whether the Dutch case law concerning this topic is in conformity with the case law of the European Court of Human Rights. Therefore, we present which types of factors can be found and in which way these factors are assessed in the case law of the European Court of Human Rights.

  4. 5 CFR 2421.9 - Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

    ... Administrative Law Judge. Administrative Law Judge means the Chief Administrative Law Judge or any Administrative Law Judge designated by the Chief Administrative Law Judge to conduct a hearing in cases under 5 U.S.C... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Administrative Law Judge. 2421.9 Section...

  5. Court presentation of bite mark evidence.

    Science.gov (United States)

    Drinnan, A J; Melton, M J

    1985-12-01

    The uniqueness of an individual's bite mark is generally accepted. The use of bite mark analysis to identify or exclude those suspected of crimes is now a well established activity in forensic dentistry. Although the techniques for evaluating bite mark evidence are extremely sophisticated, it is important that the courtroom presentation of such evidence should be as simple as possible and be directed towards those who must judge it. Dentists likely to be involved in the courtroom presentation of bite mark evidence should: be certain that their local law enforcement personnel are frequently updated on the techniques to be used for producing the optimum evidence needed to evaluate bite marks; become acquainted with the current techniques of evaluating bite mark evidence and understand their difficulties and pitfalls; meet with the lawyers (prosecution or defence) before a courtroom appearance, briefing them on the significance of the particular findings; prepare clear and easily understandable visual aids to present to the court the techniques used in the analysis and the bases for the conclusion reached; and offer conclusions derived from the bite mark investigation.

  6. SPECIALIZED COURTS OF THE EUROPEAN UNION

    Directory of Open Access Journals (Sweden)

    Ioana Nely Militaru

    2013-11-01

    Full Text Available Treaty of Lisbon entered into force on 1 December 2009, improved functioning judicial system European Union ( EU. Court of Justice of the EU has been reformed, said Treaty changing the EU courts so very name : Court of Justice of the EU, the Court referred to above, the Court of First Instance, and specialized courts, known previously, judicial panels. The paper shows the first part of his creation, composition and competence of the specialized courts, and as a manifestation of them in the second part examines the Civil Service Tribunal, the same point of view. EU specialized courts may be set up in specific areas, specializing in some technical disputes. These specialized courts have jurisdiction to hear and decide the cases in the first instance with the possibility that their decision subject to appeal to the General Court . In this context, to resolve disputes between the Union and its officials was established Tribunal.

  7. Irrational evaluations and antisocial behavior of adolescents

    Directory of Open Access Journals (Sweden)

    Vukosavljević-Gvozden Tatjana

    2010-01-01

    Full Text Available The principles of the Rational Emotive Behavior Therapy point out to the role of irrational beliefs in the occurrence of aggressive and antisocial behavior. The goal of this research is to determine whether there are links between irrational beliefs and self-assessment of antisocial behavior and whether there are differences with respect to irrational beliefs between the young who were sentenced by juvenile court judges compared to the control group. The research was conducted on two subsamples - the first consisted of male adolescents (N=116, aged 16 to 19, and the second comprised male adolescents 50 out of whom were sentenced by juvenile court judges, aged averagely 17 and a half, and 50 members of the control group. The modified version of the General Attitude and Belief Scale (GABS (Marić, 2002, 2003 and Antisocial Behavior Scale (ABS (Opačić, 2010, in print were used. Multiple regression analysis showed that the best predictor of the score on antisocial behavior scale was “the demand for absolute correctness of others and their devaluation”, followed by the aspiration towards perfectionism and success which acts as the factor that reduces the probability of antisocial behavior. Almost identical results were obtained by group comparison. The obtained results provide guidelines for designing preventive programs (sketched in the discussion that would be able to reduce the frequency of aggressive and antisocial behavior at adolescent age.

  8. 13 CFR 134.218 - Judges.

    Science.gov (United States)

    2010-01-01

    ... Administrative Law Judge. The AA/OHA will assign all other cases before OHA to either an Administrative Law Judge... Business Credit and Assistance SMALL BUSINESS ADMINISTRATION RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS Rules of Practice for Most Cases § 134.218 Judges. (a) Assignment. The AA...

  9. The Ninth Circuit Court's treatment of the history of suicide by Ancient Jews and Christians in Compassion in Dying v. State of Washington: historical naivete or special pleading?

    Science.gov (United States)

    Amundsen, D W

    1998-01-01

    In this article, Prof. Darrel Amundsen critiques Judge Reinhardt's comments regarding "Historical Attitudes Toward Suicide" in his Compassion in Dying opinion. Amundsen demonstrates that the court's characterization of ancient Jewish and Christian practices is inaccurate and misleading because it fails to acknowledge the complexities of the moral issue of suicide. Amundsen discusses martyrdom, suicide in general, suicide by the ill, and euthanasia in ancient Judaism. In contrast to the court's commentary, Amundsen demonstrates that regard for human life is a central feature of Jewish ethical monotheism. Furthermore, the author challenges the court's conclusions about early Christianity, and explains why its treatment of the issue of suicide in early Christianity is misleading and inaccurate. Amundsen's discussion of early Christianity includes suicide, martyrdom, and especially the Augustinian teaching on suicide. He concludes that the court's treatment of the issue of suicide in early Christianity is so historically and conceptually muddled as to be fundamentally inaccurate.

  10. Court finds ambiguity in denial of off-label AIDS drug.

    Science.gov (United States)

    1998-03-06

    A home intravenous drug therapy provider and an insurance company operated by the American Consulting Engineers Council have gone to court over disputed medical claims. An AIDS patient being treated with ganciclovir for CMV retinitis had a decrease in his white blood cell count, neutropenia, that endangered his life. The physicians prescribed neupogen, approved by the Food and Drug Administration (FDA) for cancer treatment, to counteract the neutropenia. The health care provider, I.V. Services of America, continued the neupogen treatment; the treatments were covered as an inpatient but denied after discharge. I.V. Services sued, alleging that the cause of the neutropenia should not bar coverage. The New York judge found in favor of the health care provider, calling the insurance company's position self serving and the denial of the claim arbitrary.

  11. A Plea for Caution: Violent Video Games, the Supreme Court, and the Role of Science

    Science.gov (United States)

    Hall, Ryan C. W.; Day, Terri; Hall, Richard C. W.

    2011-01-01

    On November 2, 2010, the US Supreme Court heard arguments in the case of Schwarzenegger v Entertainment Merchants Association, with a ruling expected in 2011. This case addressed whether states have the right to restrict freedom of speech by limiting the sale of violent video games to minors. To date, 8 states have tried to pass legislation to this effect, with all attempts being found unconstitutional by lower courts. In large part, the Supreme Court's decision will be determined by its review and interpretation of the medical and social science literature addressing the effects of violent video games on children. Those on both sides of the violent video game debate claim that the scientific literature supports their opinions. Some involved in the debate have proclaimed that the debate is scientifically settled and that only people holding personal interests and biases oppose these “established truths.” We review the historical similarities found in the 1950s comic book debate and studies identified from a PubMed search of the term violent video games showing both the harmful and beneficial effects of these video games. We define factors that physicians need to consider when reading and stating opinions about this literature. Opinions from past court rulings are discussed to provide insight into how judges may approach the application of these social science studies to the current legal issue. Although on the surface the case of Schwarzenegger v Entertainment Merchants Association pertains only to the restriction of violent video games, it may establish principles about how medical and public health testimony can affect fundamental constitutional rights and how much and on what basis the courts will defer to legislators' reliance on unsettled science. PMID:21454733

  12. Courts of customary law in the post-soviet states: history and the current situation

    Directory of Open Access Journals (Sweden)

    Сергій Володимирович Васильєв

    2016-01-01

    the court could function as a non-judicial body and a constant one; (7 in the trial the evidence was as follows: actual recognition; material evidence; statements by witnesses; oath; (9 a special place of the court was established; (10 a court decision was binding. Conclusions of the research. At the present moment we can talk about the kind of reception of the institute of traditional (national justice, which is supported both by the population of the relevant post-Soviet states and their public authorities. This fact is explained by the fact that the essence and purpose of the traditional justice, since its origin and up till now has not changed, and it is as follows: (1 authority of the court (judges; (2 ensuring harmony between a person and the society, based on the confidence of the members of the process in a fair solution of the dispute; (3 justice serves as a means of reconciliation, not as a tool of clear application of positive law.

  13. A Critical Appraisal of the Juvenile Justice System under Cameroon's 2005 Criminal Procedure Code: Emerging Challenges

    Directory of Open Access Journals (Sweden)

    S Tabe

    2012-03-01

    Full Text Available The objective of this article is to examine the changes introduced by the 2005 Cameroonian Criminal Procedure Code on matters of juvenile justice, considering that before this Code, juvenile justice in Cameroon was governed by extra-national laws. In undertaking this analysis, the article highlights the evolution of the administration of juvenile justice 50 years after independence of Cameroon. It also points out the various difficulties and shortcomings in the treatment of juvenile offenders in Cameroon since the enactment of the new Criminal Procedure Code. The article reveals that the 2005 Code is an amalgamation of all hitherto existing laws in the country that pertained to juvenile justice, and that despite the considerable amount of criticism it has received, the Code is clearly an improvement of the system of juvenile justice in Cameroon, since it represents a balance of the due process rights of young people, the protection of society and the special needs of young offenders. This is so because the drafters of the Code took a broad view of the old laws on juvenile justice. Also a wide range of groups were consulted, including criminal justice professionals, children’s service organisations, victims, parents, young offenders, educators, advocacy groups and social-policy analysts. However, to address the challenges that beset the juvenile justice system of Cameroon, the strategy of the government should be focussed on three areas: the prevention of youth crime, the provision of meaningful consequences for the actions of young people, and the rehabilitation and reintegration of young offenders. Cameroonian law should seek educative solutions rather than to impose prison sentences or other repressive measures on young offenders. Special courts to deal with young offenders should be established outside the regular penal system and should be provided with resources that are adequate for and appropriate to fostering their understanding of

  14. 22 CFR 128.2 - Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Administrative Law Judge. 128.2 Section 128.2... § 128.2 Administrative Law Judge. The Administrative Law Judge referred to in this part is an Administrative Law Judge appointed by the Department of State. The Administrative Law Judge is authorized to...

  15. Does Europe need two Courts of Human Rights? On the Relationship between the Strasbourg and Luxembourg Courts

    DEFF Research Database (Denmark)

    Rytter, Jens Elo

    2003-01-01

    Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice......Den Europæiske Menneskerettighedsdomstol, European Court of Human Rights, EF-Domstolen, European Court of Justice...

  16. A Research Framework for Understanding the Practical Impact of Family Involvement in the Juvenile Justice System: The Juvenile Justice Family Involvement Model.

    Science.gov (United States)

    Walker, Sarah Cusworth; Bishop, Asia S; Pullmann, Michael D; Bauer, Grace

    2015-12-01

    Family involvement is recognized as a critical element of service planning for children's mental health, welfare and education. For the juvenile justice system, however, parents' roles in this system are complex due to youths' legal rights, public safety, a process which can legally position parents as plaintiffs, and a historical legacy of blaming parents for youth indiscretions. Three recent national surveys of juvenile justice-involved parents reveal that the current paradigm elicits feelings of stress, shame and distrust among parents and is likely leading to worse outcomes for youth, families and communities. While research on the impact of family involvement in the justice system is starting to emerge, the field currently has no organizing framework to guide a research agenda, interpret outcomes or translate findings for practitioners. We propose a research framework for family involvement that is informed by a comprehensive review and content analysis of current, published arguments for family involvement in juvenile justice along with a synthesis of family involvement efforts in other child-serving systems. In this model, family involvement is presented as an ascending, ordinal concept beginning with (1) exclusion, and moving toward climates characterized by (2) information-giving, (3) information-eliciting and (4) full, decision-making partnerships. Specific examples of how courts and facilities might align with these levels are described. Further, the model makes predictions for how involvement will impact outcomes at multiple levels with applications for other child-serving systems.

  17. Factors Affecting Self-Esteem Among Juveniles from Youth Educational Centers

    Directory of Open Access Journals (Sweden)

    Karol Konaszewski

    2017-07-01

    Full Text Available The article is an analysis of the results of the studies conducted among juveniles (boys and girls in the case of whom the family court applied the educational means of placing them in the Youth Educational Centre. The aim of the study was to find out the correlations between self-esteem, personality traits and the environmental determinants (support factors and risk factors among juveniles (boys and girls. The total of 481 juveniles staying in Youth Educational Centers participated in the study. Applied research tools: The Rosenberg Self Esteem Scale (SES, in the Polish adaptation by I. Dzwonkowska, M. Łaguna and K. Lachowicz-Tabaczek, NEO-FFI by P.T. Costa and R.R. McCrae was used to diagnose personality traits included in a popular five-factor model (it has been adapted into Polish by B. Zawadzki, J. Strelau, P. Szczepaniak, and M. Śliwińska and a questionnaire concerning support factors and risk factors was constructed to measure environmental determinants. The analysis model showed that the significant predictors of self-esteem were neuroticism, extraversion, conscientiousness and negative relations at school. In girls group the significant predictors of self-esteem were neuroticism, conscientiousness, family support and negative relations at school, while in boys group the significant predictors of self-esteem were neuroticism, extraversion and negative relations at family.

  18. "Judges of the Velum" and "Judges of the Hippodrome" in Thessalonike (11th c.

    Directory of Open Access Journals (Sweden)

    Andreas GKOUTZIOUKOSTAS

    2010-09-01

    Full Text Available The present study focuses on judicial officers coming from Constantinople to Thessalonike in the 11th century. The judge of the theme of Thessalonike was in charge of trying cases in the region. From the second fifth of the 11th century, however, his jurisdiction was extended to the greater financial and judicial unit of Boleron, Strymon and Thessalonike as well. Lead seals and documents from the archives of the monasteries of Athos prove that many of the krites of Boleron, Strymon and Thessalonike had been previously krites of the velum and judges of the hippodrome who performed their duties in the capital and belonged to the ranks of the “small judges”. These judicial officers tried cases that were referred to them, while they could also function as assessors of the “great” or superior judges of Constantinople, i.e. the droungarios of the vigla, the dikaiodotes, the protoasecretis, the eparchos of the city, the koiaistor and the epi ton kriseon. The latter could delegate the authority to try cases to the “small” or inferior judges. Consequently, the judges of the velum and the judges of the hippodrome could also be sent from Constantinople to the themes by the emperor or other officials, in order to examine some cases and then return to the capital. This is confirmed by the primary sources, which mention for example the case of judge of the hippodrome Michael Rhodios, who was sent by Alexios I Komnenos in 1084 from Constantinople to the region of Thessalonike, in order to examine a dispute between the Lavra monastery and the brother of the emperor, Adrian. Some years later Michael Rhodios was sent again to try cases in Thessalonike, but this time as krites of Boleron, Strymon and Thessalonike. Consequently, apart from the judge of Boleron, Strymon and Thessalonike, other judges delegated by the emperor or by high officers could also examine cases there, as happened in other themes. From the 14th century on, as Macedonia developed

  19. Influence of history of head trauma and epilepsy on delinquents in a juvenile classification home.

    Science.gov (United States)

    Miura, Hideki; Fujiki, Masumi; Shibata, Arihiro; Ishikawa, Kenji

    2005-12-01

    Juvenile delinquents often show poor impulse control and cognitive abnormalities, which may be related to disturbances in brain development due to head trauma and/or epilepsy. The aim of the present study was to examine the influence of head trauma and/or epilepsy on delinquent behavior. We examined 1,336 juvenile delinquents (1,151 males and 185 females) who had been admitted to the Nagoya Juvenile Classification Home, Aichi, Japan. Among them, 52 subjects with a history of epilepsy, convulsion or loss of consciousness, head injury requiring neurological assessment and/or treatment, or neurosurgical operation (head trauma/epilepsy group), were examined by electroencephalography and compared to subjects without these histories (control group) with respect to types of crime, history of amphetamine use, psychiatric treatment, child abuse, and family history. Among the 52 subjects, 43 (82.7%) showed abnormal findings. The head trauma/epilepsy group had significantly higher rates of psychiatric treatment (Phistory of drug abuse (Pdelinquents who had a history of head trauma and/or epilepsy showed a high prevalence of electroencephalograph abnormality, and higher rates of psychiatric treatment and family history of drug abuse, and were more likely to be sent to juvenile training school by the family court.

  20. Novelties in the judges's selection

    Directory of Open Access Journals (Sweden)

    Anna-Maria Getoš

    2013-01-01

    Full Text Available The authors analyze the legal position of the judiciary in the separation of powers in the Republic of Croatia, as well as the procedure for the election of members of the State Judicial Council and its President, its scope and operation. The analysis covers the principle, as well as the practical and normative level, hereby especially focusing on the provisions of the ‘State Judicial Council Act’ from 2010 (ZDSV, which introduced significant novelties to the appointment procedure of judges. This is due to the fact that, according to the authors, the role of judges, appointed by the State Judicial Council, in the way of the Croatian accession to the European Union is quite significant, since the judges with their work, and how the interpretation of applicable regulations in the spirit of EU law, provide the essential convergence judiciary in Croatia with the acquis and the highest standards of the European Union. It gives a special and comprehensive view of general and special conditions in the appointment of judges for the period before and after 31 December 2012, and a comparative view on conditions of appointment of judges in continental European countries, the circle of countries, where Croatia belongs to, with special reference to legal status, scope, operation and role of the State School for the judicial officers in the process of appointing judges. Performs the analysis and outlines the procedure for appointment of judges, with special emphasis on each stage: the stage of calling the ads and collecting applications, testing stage of candidates for judges and candidates who are not judges and the decision stage on the appointment, with special emphasis on the criteria and evaluation of candidates who have been determined for the appointment, in the normative sense and practical action, which is a standardized procedure, the legal level and in essence, ZDSV, along with suggestions de lege ferenda.

  1. Benchmarking the Kansas 4-H Judging System

    Directory of Open Access Journals (Sweden)

    Amy M. Taylor

    2009-12-01

    Full Text Available This study investigated the methods and policies associated with 4-H project judging at the county level within the Kansas 4-H Program. Extension Agents surveyed about current 4-H judging processes indicated a variety of methods used. Data collected showed that 21.8% of the counties surveyed practiced some type of project judging without the 4-H member present. In regard to feedback received by the youth in non-livestock project judging, 64.1% of counties reported both verbal and written forms of feedback, with 25.6% receiving only verbal. In livestock project judging, 93.8% reported that youth receive feedback only verbally. The majority of non-livestock projects are judged using the Danish system, while the number of livestock projects judged are split among both the Danish system and peer system of competitive judging. It was concluded that a wide-variety of judging methods are used, resulting in incongruent programs offered to 4-H members.

  2. What do the European Judges Strive for - An Empirical Assessment

    Directory of Open Access Journals (Sweden)

    Katarina Zajc

    2011-04-01

    Full Text Available Caseload backlogs and the quality of judicial decision-making have attracted worldwide scholarly attention for quite some time. The puzzle lies in explaining the observed persistence of backlogs alongside the quest for improvement in judicial decision-making. This is especially true since many countries, while trying to cope with this challenging issue, continue to enact regulatory provisions to seemingly improve the judiciary. The principal and agent theory suggests that the incentives of the agent (courts and the principal (citizens are going to be aligned under certain circumstances. This article analyzes the incentive mechanisms of continental judicial administration in view of traditional principal-agent theory and provides additional insights into the current legal, behavioral and economic discussion. Specifically, the article analyzes whether the current incentives for judges are in line with theoretical predictions. If one takes for granted that the European-continental judicial systems can be treated as bureaucratic systems, then discussion should, apart from judicial salary increases, focus upon interpretation of the observed differences in evaluation of judges in different countries, and upon the main incentives for judges’ good performance and promotion. This article offers a multidisciplinary analysis of current European and most recent Finnish guidelines on effectiveness and quality of judicial administration, and provides a law and economics assessment of proposed guidelines. Moreover, the identified multiplication effect of sticks in judiciary setting offer an additional argument for cautious application or even complete abolishment of such an inducement mechanism.- By Katarina Zajc and Mitja Kovac

  3. Researching Justification Texts of a First Instance Court: from Assignment to Results and Reporting

    Directory of Open Access Journals (Sweden)

    Philip Langbroek

    2014-12-01

    Full Text Available Court decisions are reasoned to legitimize them. Lay people seem to understand little of the work of the courts. One of the questions for court administrators and judges is: for whom do judges write their judgments? Is it possible to analyze judicial justification texts with a view to the audiences they address? We answered that question by developing a methodology for the analysis of judgment justification texts, investigating judicial writing behavior. This paper focuses on the methodological hurdles we had to take and the mistakes we made and had to correct. Research reports in all articles on socio-legal research offer a positive and linear description of the research. This article wants to show that trial and error during the research process were inevitable and maybe could have been avoided if we would have had more experience with this type of research. We hope students and other researchers may profit from our experience. Las decisiones judiciales se razonan para legitimarlas. Los profanos en la materia parecen entender poco de la labor de los tribunales. Una de las preguntas a administradores de tribunales y jueces es: ¿para quién redactan los jueces sus sentencias? ¿Es posible analizar los textos de justificación judiciales desde la perspectiva del público a quien se dirigen? Hemos respondido a esta pregunta mediante el desarrollo de una metodología para el análisis de textos de justificación judiciales, investigando el comportamiento de la escritura judicial. Este artículo se centra en los obstáculos metodológicos que tuvimos que sortear y los errores que cometimos y tuvimos que corregir. Los informes de investigación en todos los artículos de investigación sociojurídica ofrecen una descripción positiva y lineal de la investigación. Este artículo quiere demostrar que la prueba y el error eran inevitables durante el proceso de investigación eran inevitables, y podrían haberse evitado si hubiéramos tenido mayor

  4. Creating EU law judges

    DEFF Research Database (Denmark)

    Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure...

  5. Educational orders as a diversionary treatment model and their use in the practice of the Higher Public Prosecutor's Office and the High Court in Novi Sad

    Directory of Open Access Journals (Sweden)

    Bugarski Tatjana D.

    2015-01-01

    Full Text Available Juvenile crime is constantly attracting the attention of the general and professional public and in some way is an indicator of the success or failure of all measures by which a society takes care of the young. As a particularly vulnerable category, juveniles are the focus of special attention in each society which constantly invents always new and more efficient ways of solving criminal matters which will cause a minimum damage to a juvenile offender, and achieve the purpose that is reflected in the strengthening of its personal responsibility for its actions. In this sense, a special place occupies the application of educational orders that can achieve its purpose only if there is a complete legal regulation of their use (law and regulations and systematically provided logistics. Imposition and implementation of educational orders is directly related to the examination of juvenile's personality and a special attention has been paid to this issue. In this work, the author deals with educational orders as a diversionary treatment model against juvenile offenders, as well as the implementation of educational orders in the practice of the Higher Public Prosecutor's Office and the High Court in Novi Sad.

  6. Attorney Argumentation and Supreme Court Opinions.

    Science.gov (United States)

    Benoit, William L.

    1989-01-01

    Investigates the relationship between argumentation advanced by attorneys in four Supreme Court cases and the reasoning proffered by the Court in its decisions in those cases. Finds attorney argumentation sometimes irrelevant to the Court's reasoning and sometimes adopted by the Court. Offers a perspective on argumentation and decision making to…

  7. Outliers in American juvenile justice: the need for statutory reform in North Carolina and New York.

    Science.gov (United States)

    Tedeschi, Frank; Ford, Elizabeth

    2015-05-01

    There is a well-established and growing body of evidence from research that adolescents who commit crimes differ in many regards from their adult counterparts and are more susceptible to the negative effects of adjudication and incarceration in adult criminal justice systems. The age of criminal court jurisdiction in the United States has varied throughout history; yet, there are only two remaining states, New York and North Carolina, that continue to automatically charge 16 year olds as adults. This review traces the statutory history of juvenile justice in these two states with an emphasis on political and social factors that have contributed to their outlier status related to the age of criminal court jurisdiction. The neurobiological, psychological, and developmental aspects of the adolescent brain and personality, and how those issues relate both to a greater likelihood of rehabilitation in appropriate settings and to greater vulnerability in adult correctional facilities, are also reviewed. The importance of raising the age in New York and North Carolina not only lies in protecting incarcerated youths but also in preventing the associated stigma following release. Mental health practitioners are vital to the process of local and national juvenile justice reform. They can serve as experts on and advocates for appropriate mental health care and as experts on the adverse effects of the adult criminal justice system on adolescents.

  8. 8 CFR 1003.10 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1003.10 Section 1003.10 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Office of the Chief Immigration Judge § 1003.10 Immigration judges...

  9. 25 CFR 11.912 - Contempt of court.

    Science.gov (United States)

    2010-04-01

    ... OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.912 Contempt of court. Any willful disobedience or interference with any order of the children's court constitutes contempt of court which may be punished in accordance...

  10. 49 CFR 386.54 - Administrative Law Judge.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 5 2010-10-01 2010-10-01 false Administrative Law Judge. 386.54 Section 386.54... General Rules and Hearings § 386.54 Administrative Law Judge. (a) Powers of an Administrative Law Judge. The Administrative Law Judge may take any action and may prescribe all necessary rules and regulations...

  11. 25 CFR 11.908 - Court records.

    Science.gov (United States)

    2010-04-01

    ... INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.908 Court records. (a) A record of all hearings under §§ 11.900-11.1114 of this part shall be made and preserved. (b) All children's court records shall be confidential and shall not be...

  12. THE RECONFIGURATION OF THE JUDGE`S ROLE IN THE ROMANO-GERMANIC LAW SYSTEM

    Directory of Open Access Journals (Sweden)

    ELENA ANGHEL

    2013-05-01

    Full Text Available The role assigned to the judge varies from one legal system to another. In the Anglo-Saxon legal systems, in the context of the absence of an independent legislative body, judge is the one who creates law; his mission consists in solving a specific case, given the existing judicial precedents; if he can not find an appropriate rule of law, the judge has to create one and to apply it. On the other hand, in the continental system, creation of law is the mission of the legislator. Evolving under the influence of Roman law, the continental law systems differ from the Anglo-Saxons by: the assuming of Corpus iuris civilis; the tendency to abstraction, leading to the creation of a rational law; the rule of law, with the consequence of blurring the role of jurisprudence. In spite of these essential differences, the last decades of the twentieth century have found out the convergence of the written coded system and the common law system. Thus, the increasing of the legislature`s role in common law system is accompanied by the reconsideration of the judge`s role in the Roman-Germanic legal system. While Anglo-Saxons accept the "compromise" of coding, Continentals shyly step towards rethinking the status of law source of the jurisprudence. History has shown that, one by one, law and jurisprudence have disputed the the role of prime creator of law. Emphasizing the creative force of jurisprudence, Vladimir Hanga wrote: "The law remains in its essence abstract, but the appreciation of the jurisprudence makes it alive, as the judge, understanding the law, examining the interests of parties and taking inspiration from equity, ensures the ultimate purpose of the law: suum cuique tribuere”1. However, as we shall see below, in the Roman-Germanic law system, the creative role of jurisprudence still raises controversy.

  13. Supreme Court Update

    Science.gov (United States)

    Taylor, Kelley R.

    2009-01-01

    "Chief Justice Flubs Oath." "Justice Ginsburg Has Cancer Surgery." At the start of this year, those were the news headlines about the U.S. Supreme Court. But January 2009 also brought news about key education cases--one resolved and two others on the docket--of which school administrators should take particular note. The Supreme Court updates on…

  14. 22 CFR 1421.8 - Administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... Law Judge to conduct a hearing in cases under 22 U.S.C. 4115, and such other matters as may be... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Administrative law judge. 1421.8 Section 1421.8... TERMS AS USED IN THIS SUBCHAPTER § 1421.8 Administrative law judge. Administrative law judge means the...

  15. The Unified Patent Court (UPC) in Action - How Will the Design of the UPC Affect Patent Law?

    DEFF Research Database (Denmark)

    Petersen, Clement Salung; Riis, Thomas; Schovsbo, Jens Hemmingsen

    2014-01-01

    . The article points out that the UPC because of this design will be biased towards technology based values and uniformity at the expense of other values and interests e.g. non-economic public interests, and values associated with diversity. The practical effects of these biases are analysed regarding cases......The new common judiciary for European patents (UPC) will play a crucial role in the future European patent system. The UPC will be a very specialised court that i.a. recruits judges from specialists’ circles and has as part of its mission to develop a coherent and autonomous body of case law...

  16. An Ever More Powerful Court?

    DEFF Research Database (Denmark)

    Martinsen, Dorte Sindbjerg

    on the basis of a careful examination of how judicial–legislative interactions determine the scope and limits of European integration in the daily EU decision-making processes. The legislative impact of Court rulings is traced by the use of original data over time from 1957 to 2014 and through three case......Scholars generally agree that courts are powerful authorities in settling disputes between parties, but the broader political impact of such resolution is disputed. Are courts powerful generators of political change? This book examines the ability of the Court of Justice of the European Union (CJEU......) to foster political change for a European Union (EU) social policy, including healthcare. The conventional assumption is that a strong causal link exists between legal and political integration in the EU, in which Court rulings progress and shape European integration. The book challenges this view...

  17. The Special Court for Sierra Leone

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    2004-01-01

    The focus of this article is the Special Court for Sierra Leone and the extent to which it can be said that the Special Court has already challenged, or will, in the future, challenge the tradition of impunity for gender-based crimes. In this regard, an analysis is undertaken of the Special Court......'s Statute, Rules of Procedure and Evidence and practice to date, in order to determine its treatment of gender-based crimes and whether it can be said that the Special Court for Sierra Leone challenges the tradition of impunity for gender-based crimes. Udgivelsesdato: december 2004...

  18. Should the District Courts Have Jurisdiction Over Pre-Award Contract Claims? A Claim for the Claims Court

    National Research Council Canada - National Science Library

    Short, John J

    1987-01-01

    This thesis briefly examines the jurisdiction of the federal district courts and the United States Court of Claims over pre-award contract claims before the Federal Courts Improvement Act of October 1...

  19. Juvenile angiofibroma

    Science.gov (United States)

    Nasal tumor; Angiofibroma - juvenile; Benign nasal tumor; Juvenile nasal angiofibroma; JNA ... Juvenile angiofibroma is not very common. It is most often found in adolescent boys. The tumor contains many blood ...

  20. Syariah Courts in Malaysia and the Development of Islamic Jurisprudence: The Study of Istihsan

    Directory of Open Access Journals (Sweden)

    Mohd Hafiz Jamaludin

    2014-06-01

    Full Text Available Malaysia is among the countries, which have very close relations with Shafi'i madhhab in term of Islamic Law. This can be seen from the provisions of Syariah Law in Malaysia where the opinion of the Shafi'i madhhab is preferred than other madhhabs. However, the current situations and issues cause that the other opinions from the other madhhabs are also used and practiced in order to provide the best solutions. This is also true in respect on the use of sources of Islamic law, such as Istihsan, Istislah and Qawl Sahabi, which are rejected by the Shafi'i madhhab. Therefore, this study attempts to analyze the development of Islamic law, particularly in the application of the concept of Istihsan in the Syariah Courts in Malaysia. This study has examined a number of cases reported in the Jurnal Hukum issued by the Syariah Judiciary Department of Malaysia (JKSM. The result of this study found that in several cases, the judges have applied indirectly the concept of Istihsan in their judgment. It is also found that it is actually the provisions of the law that allows the Shariah judges to indirectly apply this concept.

  1. The International Criminal Court

    DEFF Research Database (Denmark)

    Damgaard, Ciara Therése

    This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity.......This article considers whether acts of international terrorism can and should be prosecuted before the International Criminal Court as crimes against humanity....

  2. Juizados Especiais Criminais e seu déficit teórico The theoretical deficit of Small Claims Criminal Courts

    Directory of Open Access Journals (Sweden)

    Carmen Hein de Campos

    2003-06-01

    Full Text Available A Lei 9.099/95 (Lei dos Juizados Especiais Criminais, elaborada para fixar a punição de delitos de menor potencial ofensivo, é usada, majoritariamente, para julgar a violência conjugal. O paradigma masculino que norteou sua elaboração acarreta um déficit teórico por não ter aceito o paradigma da criminologia feminista ancorado no conceito de gênero. As conseqüências desse déficit se manifestam na operacionalidade da Lei cujos resultados são a banalização da violência doméstica, o arquivamento massivo dos processos e a insatisfação das vítimas, todas mulheres.Small Claims Criminal Courts, though created to deal with minimal offenses, are now found to be judging mostly cases of domestic violence.The male paradigm on which the creation of such courts was based causes a theoretical deficit for not having taken into account feminist criminology and gender. As a consequence of this deficit, court decisions reflect the banalisation of domestic violence and contribute to a massive shelving of suits with a consequent growing dissatisfaction on the part of the victims, all of them women.

  3. Genetics in the courts

    Energy Technology Data Exchange (ETDEWEB)

    Coyle, Heather; Drell, Dan

    2000-12-01

    Various: (1)TriState 2000 Genetics in the Courts (2) Growing impact of the new genetics on the courts (3)Human testing (4) Legal analysis - in re G.C. (5) Legal analysis - GM ''peanots'', and (6) Legal analysis for State vs Miller

  4. Atypical Rulings of the Indonesian Constitutional Court

    Directory of Open Access Journals (Sweden)

    Bisariyadi

    2016-08-01

    Full Text Available In deciding judicial review cases, the Court may issue rulings that is not in accordance to what is stipulated in the Constitutional Court Law (Law Number 8 Year 2011. Atypical rulings means that the court may reconstruct a provision, delay the legislation/rulings enactment or give instruction to lawmakers. In addition, the court also introduce the “conditionally (unconstitutional” concept. This essay attempts to identify and classify these atypical rulings, including conditionally (un constitutional rulings, by examined the constitutional court judicial review rulings from 2003 to 2015. This study will provide a ground work for advance research on typical rulings by the Indonesian constitutional court.

  5. Explaining African Participation in International Courts

    DEFF Research Database (Denmark)

    Gissel, Line Engbo; Brett, Peter

    2018-01-01

    constructivist and liberal institutionalist International Relations theories. International court creation did not reflect the pursuit of national interests or a response to normative NGO pressures. Making this argument, the article analyses the design and ratification of two new international courts: the SADC...... Tribunal and International Criminal Court. Using the case studies of Zimbabwe and Kenya, it shows how global scripts were repeated by even those states which have, in recent years, most vocally asserted their national interests against these courts....

  6. Trial Courts in the Judicial Process.

    Science.gov (United States)

    McKnight, R. Neal

    1981-01-01

    Describes a college course which examines the organizational and behavioral characteristics of trial courts in the American judicial process. A major course objective is to help students understand the trial court process as a political process by showing how trial court organizations are involved in the allocation of social values. (RM)

  7. The Court in the Homeric Epos

    Science.gov (United States)

    Loginov, Alexandr

    2016-01-01

    The research investigates the court system in Homeric Greece. This period was characterized by a declining culture and scarce works that described those times. Hence, the court procedures of those times remains understudied; therefore, the purpose of this research is to reconstruct theoretically the court procedure in Homeric Greece. Homer's and…

  8. 31 CFR 10.70 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 10.70... INTERNAL REVENUE SERVICE Rules Applicable to Disciplinary Proceedings § 10.70 Administrative Law Judge. (a..., firm or other entity, or appraiser will be conducted by an Administrative Law Judge appointed as...

  9. 14 CFR 302.17 - Administrative law judges.

    Science.gov (United States)

    2010-01-01

    ... 14 Aeronautics and Space 4 2010-01-01 2010-01-01 false Administrative law judges. 302.17 Section... Evidentiary Hearing Proceedings § 302.17 Administrative law judges. (a) Powers and delegation of authority. (1) An administrative law judge shall have the following powers, in addition to any others specified in...

  10. 31 CFR 8.62 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 8.62... BUREAU OF ALCOHOL, TOBACCO AND FIREARMS Disciplinary Proceedings § 8.62 Administrative Law Judge. (a) Appointment. An Administrative Law Judge, appointed as provided by 5 U.S.C. 3105, shall conduct proceedings...

  11. 47 CFR 1.244 - Designation of a settlement judge.

    Science.gov (United States)

    2010-10-01

    ... Proceedings Presiding Officer § 1.244 Designation of a settlement judge. (a) In broadcast comparative cases... Administrative Law Judge for action. (c) If, in the discretion of the Chief Administrative Law Judge, it appears... Commission's Administrative Law Judges are eligible to act as settlement judges, except that an...

  12. CONVERTING THE ‘RIGHT TO LIFE’ TO THE ‘RIGHT TO PHYSICIAN-ASSISTED SUICIDE AND EUTHANASIA’: AN ANALYSIS OF CARTER V CANADA (ATTORNEY GENERAL), SUPREME COURT OF CANADA

    Science.gov (United States)

    Chan, Benny; Somerville, Margaret

    2016-01-01

    In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in sec. 7 of the Canadian Charter of Rights and Freedoms and thus was unconstitutional. The Supreme Court in effect overruled its earlier decision, Rodriguez v British Columbia (Attorney General), which upheld the prohibition as constitutionally valid, on the basis of changes in Charter jurisprudence and in the social facts since Rodriguez was decided. We argue that the Supreme Court's Carter decision shows conceptual disagreements with its Rodriguez decision concerning the nature and scope of the sec. 7-protected interests and the accompanying principles of fundamental justice. Not only do these conceptual differences have little to do with the changes that the Court in Carter invoked for ‘revisiting’ Rodriguez, the Court's articulation of the sec. 7 interests, particularly the right to life, and the principles of fundamental justice, especially the principle of over breadth, are problematic on their own terms. Furthermore, the way in which the Court dealt with evidence regarding abuses in permissive jurisdictions is also subject to criticism. We recommend that if, as now seems inevitable, legislation is introduced, it should mandate that assisted suicide and euthanasia be performed by specially licensed non-medical personnel and only on the authorization of a Superior Court judge. We also reject the key recommendations recently issued by the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying. PMID:27099364

  13. CONVERTING THE 'RIGHT TO LIFE' TO THE 'RIGHT TO PHYSICIAN-ASSISTED SUICIDE AND EUTHANASIA': AN ANALYSIS OF CARTER V CANADA (ATTORNEY GENERAL), SUPREME COURT OF CANADA.

    Science.gov (United States)

    Chan, Benny; Somerville, Margaret

    2016-01-01

    In its landmark decision Carter v Canada (Attorney General), the Supreme Court of Canada ruled that the criminal prohibition on physician-assisted suicide and euthanasia for certain persons in certain circumstances violated their rights to life, liberty, and security of the person in sec. 7 of the Canadian Charter of Rights and Freedoms and thus was unconstitutional. The Supreme Court in effect overruled its earlier decision, Rodriguez v British Columbia (Attorney General), which upheld the prohibition as constitutionally valid, on the basis of changes in Charter jurisprudence and in the social facts since Rodriguez was decided. We argue that the Supreme Court's Carter decision shows conceptual disagreements with its Rodriguez decision concerning the nature and scope of the sec. 7-protected interests and the accompanying principles of fundamental justice. Not only do these conceptual differences have little to do with the changes that the Court in Carter invoked for 'revisiting' Rodriguez, the Court's articulation of the sec. 7 interests, particularly the right to life, and the principles of fundamental justice, especially the principle of over breadth, are problematic on their own terms. Furthermore, the way in which the Court dealt with evidence regarding abuses in permissive jurisdictions is also subject to criticism. We recommend that if, as now seems inevitable, legislation is introduced, it should mandate that assisted suicide and euthanasia be performed by specially licensed non-medical personnel and only on the authorization of a Superior Court judge. We also reject the key recommendations recently issued by the Provincial-Territorial Expert Advisory Group on Physician-Assisted Dying. © The Author 2016. Published by Oxford University Press; all rights reserved. For Permissions, please email: journals.permissions@oup.com.

  14. Social Media and the Electronic “New World” of Judges

    OpenAIRE

    Judith Gibson

    2016-01-01

    Courts in Australia not only have social media policies to control social media use in the courtroom, but are starting to use social media to publish judgments and court-related information. How will the interactive nature of social media affect the discourse between the court and litigants? Will social media require courts to take court “user” satisfaction into account in the provision of justice, and how is the dissemination of judgments on social media affecting public perceptions of tradi...

  15. Social Media and the Electronic “New World” of Judges

    Directory of Open Access Journals (Sweden)

    Judith Gibson

    2016-03-01

    Full Text Available Courts in Australia not only have social media policies to control social media use in the courtroom, but are starting to use social media to publish judgments and court-related information. How will the interactive nature of social media affect the discourse between the court and litigants? Will social media require courts to take court “user” satisfaction into account in the provision of justice, and how is the dissemination of judgments on social media affecting public perceptions of traditional rules such as the doctrine of precedent? This discussion paper examines the future of courts in a social media world where the “like” button, and not just the legislature or stare decisis, may play an increasingly powerful role in shaping both the content of the law and the way in which courts administer justice.

  16. How do the Constitutional Courts decide?

    Directory of Open Access Journals (Sweden)

    Pasquale Pasquino

    2016-12-01

    Full Text Available The purpose of this article is to explore the mode of production of judicial sentences drafted by constitutional courts in Europe. The natural object of study of the constitutional theory is the analysis of this final product of judicial creation of Law by Constitutional Courts. However, the doctrine has not given sufficient attention –from a comparative law perspective– to the mechanisms and procedures that lead to the decisions of these institutions. Thus, this document will classify the different types of decision-making processes in the courts, analyzing the stages that make up the «mode of production», from the study of the decisions of the Supreme Court of the United States, the Constitutional Council of the French Republic, The Constitutional Court of Italy and the Federal Constitutional Court of Germany. At the end of the paper, some conclusions are made about the period of the magistrates, their party affiliation, the temporary restrictions of deliberation and institutional factors such as the number of attendees or the personalization of its members.

  17. ECHR and national constitutional courts

    Directory of Open Access Journals (Sweden)

    Nastić Maja

    2015-01-01

    Full Text Available Comprising fundamental rights and freedoms and establishing the effective control system, the European Convention on Human Rights (ECHR encroaches upon the area that is traditional reserved for constitutional law. Although built on the doctrine reserved for international treaty law, the Convention goes beyond the traditional boundaries that exist between international and constitutional law. It has gradually infiltrated into the national legal systems. Constitutional courts have had the crucial role in this process. This paper will focus on the applicability of the ECHR in proceedings before national constitutional courts. Having in mind the jurisdiction of the national constitutional court, the ECHR may be applied in two ways: first, in the process of constitutional review by national constitutional courts and, second, in the process of deciding on constitutional complaints.

  18. Livestock Judges Training Provides Hands-On Experience

    Science.gov (United States)

    Nash, Scott; Harrison, Steve; Packham, Joel; Sanchez, Dawn; Jensen, Jim; Kaysen, Brett; King, Marc

    2016-01-01

    The judging of a market animal at a fair is the highlight of a youth-owned livestock project. Livestock judges are hired to evaluate youth projects at fairs. They are critical ambassadors for agriculture and influence countless youths and adults. Judges must be knowledgeable about current animal evaluation methods that support youth development.…

  19. Public Managers, Judges, and Legislators: Redefining the "New Partnership."

    Science.gov (United States)

    O'Leary, Rosemary; Wise, Charles R.

    1991-01-01

    The Supreme Court's Missouri v Jenkins decision changed the role of school administrators as well as their ability to set priorities and control implementation. By sanctioning court-ordered taxation, it also involved legislators in the partnership, although the courts are clearly senior partners in the relationship. (SK)

  20. The constitutional court review of judicial decisions

    Directory of Open Access Journals (Sweden)

    Stojanović Dragan M.

    2016-01-01

    Full Text Available In principle, the constitutional precepts envisage that judicial decisions are not subject to extrajudicial control. However, in the course of deciding on constitutional complaints, the Constitutional Court reviews the compliance of individual legal acts and actions of state authorities with the Constitution, including court decisions on cases involving the constitutionally guaranteed rights. Hence, in order to eliminate tension or even contradiction between the constitutional precepts, the constitutional review of judicial decisions should be considered as a special form of judicial control, regardless of the fact that the Constitutional Court is not part of the judicial structure in the strict organizational sense. Thus, unlike the cases where the Court is involved in the normative control of the applicable law, in the process of reviewing judicial decision of lower courts the constitutional judiciary acts in the capacity of a specific judicial authority. According to another possible interpretation of the aforementioned constitutional norms, the direct constitutional protection of the constitutionally guaranteed rights may only be pursued in the process of reviewing individual legal acts and actions of state authorities, but not by pursuing a judicial review of court decisions which the Constitutional Court has no jurisdiction to decide upon. Thus, the dogma of judicial independence would prevail over the dogma of direct protection of fundamental rights. The third interpretation of this relationship maintains that that judicial decisions may be subject to control but, in this specific case, the Constitutional Court may only issue an opinion (a statement rather than a binding decision which would cancel the lower court judgment. Then, it is up to the judicial authorities of the lower instance to adjust their judicial decision, which in the opinion of the Constitutional Court constitutes a violation of the constitutionally guaranteed rights

  1. Рarticular criminalistic methods of court hearing in criminal proceedings: essence and goals

    Directory of Open Access Journals (Sweden)

    В. І. Алєксєйчук

    2015-11-01

    Full Text Available Problem setting. Understanding of criminalistic methods exceeded now the boundaries of traditional points of view - as a methods of crimes investigation. An attention is drawn to the fact that the process of proof in criminal proceedings is not completed with a pre-court investigation, on the contrary, it is being continued even more actively during the court hearing. In this regard a need for providing of subjects of court hearings of criminal cases (judges, prosecuting attorneys, defense lawyers with criminalistic methods is emphasized. At the same time the stated ideas have not been sufficiently developed in Ukrainian doctrine. Special papers devoted to particular criminalistic methods of court hearing of criminal cases are not present. This problem cannot be settled without preliminary solving of issues of more general theoretical meaning, especially, definition of essence and goals of particular criminalistic methods of court hearing in criminal proceedings. Recent research and publications analysis. Research of general-theoretical basic concepts of criminalistic methods was made by the domestic and foreign scientists (Yu. P. Alenin, O. Ya. Bayev, R. S. Byelkin, О. М. Vasylyev, І. О. Vozgrin, V. К. Gavlo, V. А. Zhuravel, А. V. Ishchenko, О. N. Kolesnichenko, V. V. Tishchenko, S. М. Churilov, А. V. Shmonin, B. V. Shchur, М. P. Yablokov and others. Issues of providing of criminalistic tools for court hearing in criminal proceedings are covered in the papers of the following scientists: L.Yu. Аrotsker, V. М. Bozrov, М. Y. Vilgushunsky, G. А. Vorobyov, V. К. Gavlo, S. L. Kyslenko, D. V. Kim, І. І. Kogutych, Yu. V. Korenevsky, О. Yu. Korchagin, S. P. Sukhov, О. О. Sychova, А. L. Tsypkin, Т. B. Chedzhemov, V. Yu. Shepitko and others. The authors of papers published in Ukraine in recent years, studying conceptual problems of providing with criminalistic methods of court proceeding in criminal process are: V.А. Zhuravel,

  2. Vincent Lambert, Dignity in Dying and the European Court: A Critical Evaluation and the Global Reflections.

    Science.gov (United States)

    Kishore, R R

    2016-04-01

    In this article I analyse the verdict of the European Court of Human Rights in the Case of Lambert and Others v. France, delivered on 5 June 2015, affirming the Conseil d'État's decision holding that the withdrawal of artificial nutrition and hydration from Vincent Lambert, a French national lying in tetraplegia and persistent vegetative state, was consistent with French domestic law and the European Convention for the Protection of Human Rights and Fundamental Freedoms. In order to make a comparative evaluation I give an account of judicial decisions across the world and find that the European Court's decision is an affirmative pronouncement, in the prevailing milieu of judicial heterogeneity, as it recognizes a person's right to die with dignity in the face of conflicting claims and arguments, by giving supremacy to a person's autonomy and right of self-determination over the deep-rooted religious beliefs and undue paternalistic postures. I conclude that right to die with dignity is a profound area where judge-made law is not the answer. The situation calls for greater consensus and uniformity by evolving suitable legislative strategies.

  3. Reactor power distribution pattern judging device

    International Nuclear Information System (INIS)

    Ikehara, Tadashi.

    1992-01-01

    The judging device of the present invention comprises a power distribution readout system for intaking a power value from a fuel segment, a neural network having an experience learning function for receiving a power distribution value as an input variant, mapping it into a desirable property and self-organizing the map, and a learning date base storing a plurality of learnt samples. The read power distribution is classified depending on the similarity thereof with any one of representative learnt power distribution, and the corresponding state of the reactor core is outputted as a result of the judgement. When an error is found in the classified judging operation, erroneous cases are additionally learnt by using the experience and learning function, thereby improving the accuracy of the reactor core characteristic estimation operation. Since the device is mainly based on the neural network having a self-learning function and a pattern classification and judging function, a judging device having a human's intuitive pattern recognition performance and a pattern experience and learning performance is obtainable, thereby enabling to judge the state of the reactor core accurately. (N.H.)

  4. An Empirical Study of the Use of Norm-based Direct Speech in Danish Courtrooms - or Deviations from such Use - on the Basis of the Prescriptive Norm-based Contents of Danish Court Proceedings

    DEFF Research Database (Denmark)

    Christensen, Tina Paulsen

    in terms of what constitutes good interpreting. When selecting a form of address, the guidelines state that the Danish legislative community equates good interpreting and interpreting quality with the use of the direct, first-person style and that this applies to all actors in a court room. For example......, Berk-Seligson (1990: 61/151) notes that professional actors often approach the interpreter and not the non-native speaking individual. The present empirical study examines the legal discourse in terms of the use of direct speech in Danish court proceedings. In this context, it is examined whether any...... conclusions may be drawn for situations in which professional actors, specifically judges and justices, deviate from the recommended use of the direct speech. Thus, the primary objective of my paper is to study the potential correlation between the use of direct/indirect speech and certain contents of court...

  5. 29 CFR 457.17 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... Administrative Law Judge to conduct a hearing in cases under 5 U.S.C. 7120 or 22 U.S.C. 4117 as implemented by... 29 Labor 2 2010-07-01 2010-07-01 false Administrative Law Judge. 457.17 Section 457.17 Labor... GENERAL Meaning of Terms as Used in This Chapter § 457.17 Administrative Law Judge. Administrative Law...

  6. International Justice through Domestic Courts:

    DEFF Research Database (Denmark)

    Tang, Yi Shin

    2015-01-01

    In April 2010, the Brazilian Supreme Federal Court (Supremo Tribunal Federal, or STF) controversially decided to uphold the country’s amnesty law, which currently prevents prosecutions for violations of human rights committed during the military dictatorship. However, the Inter-American Court...

  7. Dejavniki uspešnosti mediacije v sodnih sporih = Factors of Mediation Success in Court Disputes

    Directory of Open Access Journals (Sweden)

    Roberto Biloslavo

    2009-09-01

    Full Text Available A massive decrease in successful mediation procedures at the AlternativeDispute Resolution Department at the District Court in Ljubljanaraises the question of what its causes are. To recognize factorsthat contribute to a successful mediation we did qualitative researchon a sample of nine mediators. It was determined in the research thatthe mediators believe that the factors which greatly influence the decreasein successfulness in mediation procedures are: the manner ofrealization of mediation procedure, phase in which the dispute shouldbe solved with mediations, role of the judge in the phase of startingmediation, suitability of dispute for mediation, possibility to choose amediator, mediator himself, use of method for dispute resolution, separateand joint sessions and payability of mediation procedure. In conclusion,we present guidelines and proposals according to researchfindings.

  8. 25 CFR 11.901 - The children's court established.

    Science.gov (United States)

    2010-04-01

    ... 25 Indians 1 2010-04-01 2010-04-01 false The children's court established. 11.901 Section 11.901 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.901 The children's court established. When conducting...

  9. The physician expert witness and the U.S. Supreme court--an epidemiologic approach.

    Science.gov (United States)

    Norton, Martin L

    2002-01-01

    It is a fact of life that the physician is occasionally called upon to provide Expert Witness evidence. This is clearly distinct from evidence of a participatory nature where the physician is a party to the act by virtue of the doctor-patient relationship. The purpose of this presentation is to alert the physician to new criteria, imposed by the court, for acceptance of Expert Testimony. Prior to March 23, 1999, expert witness testimony fell into three categories, Scientific, technical, and other specialized knowledge. Scientific knowledge included the conclusions that could be subjected to analysis of a statistical nature, or could be validated by methodology such as epidemiologic criteria. Technical knowledge was based on factors such as mechanical or stress analysis utilized in engineering. Other "specialized knowledge" could be based on experiential data and information not necessarily subject to epidemiologic or other scientific analysis. Therefore, the physician presented his reasoning often based on years of professional practice and publication in journals of clinical practice. On March 23rd 1999, the Supreme Court of the United States changed the criteria for all categories stating that there is "no relevant distinction between 'scientific' knowledge' and 'technical' or 'other specialized knowledge' in Federal Rule of Evidence 702. This momentous decision [Kumho Tire Co. v. Carmichael, (97-1709), 131 F.3d 1433) reversed.] referred back to a previous case [Daubert v. Merrell Dow Pharmaceuticals Inc., 509 US. 579,589], which established four criteria based on methods of analysis for t he courts, and was now extended for all expert evidence. Thus the area of expert witness evidence was changed by this momentous act placing the judge as arbiter of all expert evidence, including that of the physician. This paper will offer a brief review and an analysis of the significance of this for the professional involved in the legal system as an expert witness.

  10. Administrative court control in taxation matters

    OpenAIRE

    Nataša Zunić Kovačević

    2016-01-01

    Starting with the current organisation of administrative court control in taxation matters, this paper, after a brief overview of the normative legal framework of control in such matters, provides an analysis of certain indicators of administrative and administrative court control implementation in taxation matters. The experience of the application of administrative control in taxation matters and an analysis of accessible indicators of recent administrative court control in taxation matters...

  11. The Judge on Facebook

    Directory of Open Access Journals (Sweden)

    Paul van den Hoven

    2015-07-01

    Full Text Available In many social realms, social media are employed by institutions to establish direct relations between ‘key agents’ and their clients or customers. In this article I explain why as yet the civil law judge cannot be expected to start using social networking sites to advance the transparency of the judicial decision-making process in a relatively open, form-free interaction with his or her ‘clients’. This explanation is grounded on the hybrid character of social networking sites. On the one hand, these sites are direct, interactive, informal, and personalized media; but on the other, they are public and basically permanent. Their direct, interactive, informal and personalized character is highly compatible with the multimodal, network-embedded, form-free self-representation of the modern judge in the courtroom. However, their public and permanent character manifests in the second performance of a judge, being held publicly and permanently accountable for what is decided. This performance is characterized by a unimodal, ‘punctualized’, formal self-representation. Referring to the work of legal sociologists as well as discourse scholars, it is underlined how much this public judicial self-representation is part of a persistent ritual that renders it incompatible with direct, interactive, informal and personalized communication. The hybrid character of social media does not allow judges to utilize them to act as key-agents: to open up the ‘backstage area’ to reveal the actual dynamics of the decision-making process, and to transparently connect the judicial performance in the courtroom session with the second performance when issuing a decision.

  12. "Freud for all:" psychoanalysis and mass culture in Chile, 1920-1950.

    Science.gov (United States)

    Ruperthuz Honorato, Mariano

    2017-11-01

    This article deals with the circulation and early spread of Freudianism in mass culture in Chilean society at the turn of the twentieth century. It documents the first references to Sigmund Freud in the Chilean media, the announcement of Freudian-style self-help classes, the appearance of psychoanalysts as characters in some fantasy novels, and the open lectures on psychoanalysis given by the first juvenile court judge in Santiago, the lawyer Samuel Gajardo Contreras. It explores the expectations projected onto Freudianism by the Chilean elite, and how Freud's theories contributed to a rethinking of childhood, the family and emotional life in Chile from 1920-1950.

  13. 28 CFR 0.117 - Office of Chief Immigration Judge.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Office of Chief Immigration Judge. 0.117... Executive Office for Immigration Review § 0.117 Office of Chief Immigration Judge. The Chief Immigration Judge shall provide general supervision to the Immigration Judges in performance of their duties in...

  14. Can Courts Make Federalism Work? A Game Theory Approach to Court-Induced Compliance and Defection in Federal Systems

    Directory of Open Access Journals (Sweden)

    Gemma Sala

    2014-12-01

    Full Text Available Few studies on federalism analyze the role of courts as safeguards of the federal arrangement, and those that do tend to be too optimistic about what courts can do. This article analyzes the effect of judicial review on the interaction between the central and a regional government in a federation in order to understand the conditions under which courts may or may not enforce compliance with federalism. It argues that politicians of either level of government anticipate the likelihood of a judicial challenge and an eventual veto, and it finds distinct equilibria in the interaction between central and regional governments (imposition, auto-limitation, negotiation and litigation. Only under auto-limitation do courts effectively prevent transgressions to the federal arrangement. In all other scenarios, defection may take place despite the presence of courts. These findings show that as the court’s jurisprudence becomes more solid and defined, the chances for governments to successfully exceed their powers increase. Not only do transgressions take place despite the presence of the court, but because of it.

  15. Level of information about gynaecological prevention in teenagers at risk from social exclusion, referred by family court rulings to juvenile attendance centres – a pilot study

    Directory of Open Access Journals (Sweden)

    Marcin Bobiński

    2015-09-01

    Full Text Available Introduction and objective. The objective of the study was to present preliminary results of a pilot study concerning the level of knowledge of gynaecological prevention, conducted in teenagers referred by court rulings to a juvenile attendance centre. Materials and method. The instrument was an anonymous survey questionnaire completed by participants in health prevention classes in late 2010 and early 2011. The studied group consisted of teenagers aged 15–17 years (mean age: 15.72 years, median = 16 years, SD = 0.679 who were under probation officers’ supervision in the Zamość region of south-eastern Poland. The sample size was 101 persons – 51 boys (50.50%, 50 girls (49.5%. Results. According to the respondents, the most important reasons for seeing a gynaecologist were: menstrual disorders (70.30%, suspicion of pregnancy (63.37% and pain or burning sensations while urinating (58.42%. The following were regarded as prevalent cancers in women: cancers of the breast (99.01%, cervix (89.1%, and ovaries (62.38%. Over 92% of subjects stated that it was possible to protect oneself from cervical cancer, but only 41.5% of respondents indicated the correct definition of the term ‘cytology’. Statistical analysis focused on differences between genders. A higher self-assessment of mental health was shown in boys. Conclusions. Teenagers of similar background may find it more difficult to gain access to knowledge about health prophylaxis, including gynaecological prevention. Efforts should be intensified in order to ‘equalize health opportunities’ through appropriate preparation of teaching curricula (including health education and philosophy of medicine.

  16. 8 CFR 1240.41 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1240.41 Section 1240.41 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION..., 1997) § 1240.41 Immigration judges. (a) Authority. In any proceeding conducted under this part the...

  17. Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation.

    Science.gov (United States)

    Grembi, Veronica; Garoupa, Nuno

    2013-10-01

    Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.

  18. Juvenile rheumatoid arthritis

    Science.gov (United States)

    ... joints. This form of JIA may turn into rheumatoid arthritis. It may involve 5 or more large and ... no known prevention for JIA. Alternative Names Juvenile rheumatoid arthritis (JRA); Juvenile chronic polyarthritis; Still disease; Juvenile spondyloarthritis ...

  19. 8 CFR 1240.1 - Immigration judges.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judges. 1240.1 Section 1240.1 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION... Immigration judges. (a) Authority. (1) In any removal proceeding pursuant to section 240 of the Act, the...

  20. English as a Court Language in Continental Courts

    NARCIS (Netherlands)

    C. Kern (Cristoph)

    2013-01-01

    markdownabstract__Abstract__ Most recently, several countries on the European continent have admitted, or are discussing to admit, English as an optional court language. This article provides some information about the background of these recent initiatives, projects and reforms, clarifies the

  1. 29 CFR 18.614 - Calling and interrogation of witnesses by judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 1 2010-07-01 2010-07-01 true Calling and interrogation of witnesses by judge. 18.614... interrogation of witnesses by judge. (a) Calling by the judge. The judge may, on the judge's own motion or at... thus called. (b) Interrogation by the judge. The judge may interrogate witnesses, whether called by the...

  2. Acknowledging Children’s Voice and Participation in Family Courts: Criteria that Guide Western Australian Court Consultants

    Directory of Open Access Journals (Sweden)

    Vicki Banham

    2017-09-01

    Full Text Available The Australian family courts introduced Child Inclusive Conferencing after the country adopted the United Nations Convention on the Rights of the Child. The legislation governing these conferences is minimalistic but the Family Court Consultants in the Family Court of Australia and the Federal Circuit Court have well-developed and documented guidelines. The Family Court of Western Australia is, however, a separate entity and in the absence of regulatory guidelines its Family Consultants developed their own process and criteria. This model is unique, in Australia at least, because it has been organically developed by the practitioners providing the Child Inclusive Conferences with very little, if any, statutory and regulatory guidance. This model therefore serves as an example of how practitioners think child inclusive services should be offered. The model is, however, not documented and the aim of this study was to understand and document Family Consultants’ decision making regarding if and when they will conduct a Child Inclusive Conference in the Family Court of Western Australia. Ten Family Consultants were interviewed using semi-structured interviews. A thematic analysis was conducted on the transcripts of the interviews identifying 12 themes. Overall the data suggested that Family Consultants take into account a range of criteria and although they were very cognisant of the importance for the child to be engaged in decision making they noted specific challenges regarding how they could use Child Inclusive Conferencing to do this. These findings provide a basis for the development of regulations that ensure that Child Inclusive Conferences are used optimally to improve the inclusion of children in the family court procedures in Western Australia and potentially elsewhere. Further research is, however, necessary before such regulations can be finalised.

  3. 31 CFR 15.737-19 - Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Administrative Law Judge. 15.737-19... CONFLICT OF INTEREST Administrative Enforcement Proceedings § 15.737-19 Administrative Law Judge. (a) Appointment. An Administrative Law Judge appointed as provided by 5 U.S.C. 3105 (1966), shall conduct...

  4. Perceived Masculinity Predicts U.S. Supreme Court Outcomes

    Science.gov (United States)

    2016-01-01

    Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participants rated the opening statement of male advocates arguing before the Supreme Court between 1998 and 2012 in terms of masculinity, attractiveness, confidence, intelligence, trustworthiness, and aggressiveness. We found significant correlation between vocal characteristics and court outcomes and the correlation is specific to perceived masculinity even when judgment of masculinity is based only on less than three seconds of exposure to a lawyer’s speech sample. Specifically, male advocates are more likely to win when they are perceived as less masculine. No other personality dimension predicts court outcomes. While this study does not aim to establish any causal connections, our findings suggest that vocal characteristics may be relevant in even as solemn a setting as the Supreme Court of the United States. PMID:27737008

  5. Perceived Masculinity Predicts U.S. Supreme Court Outcomes.

    Directory of Open Access Journals (Sweden)

    Daniel Chen

    Full Text Available Previous studies suggest a significant role of language in the court room, yet none has identified a definitive correlation between vocal characteristics and court outcomes. This paper demonstrates that voice-based snap judgments based solely on the introductory sentence of lawyers arguing in front of the Supreme Court of the United States predict outcomes in the Court. In this study, participants rated the opening statement of male advocates arguing before the Supreme Court between 1998 and 2012 in terms of masculinity, attractiveness, confidence, intelligence, trustworthiness, and aggressiveness. We found significant correlation between vocal characteristics and court outcomes and the correlation is specific to perceived masculinity even when judgment of masculinity is based only on less than three seconds of exposure to a lawyer's speech sample. Specifically, male advocates are more likely to win when they are perceived as less masculine. No other personality dimension predicts court outcomes. While this study does not aim to establish any causal connections, our findings suggest that vocal characteristics may be relevant in even as solemn a setting as the Supreme Court of the United States.

  6. Clerics and courtly love in Andreas Capellanus' The Art of Courtly Love and Chaucer's Canterbury Tales

    OpenAIRE

    Williams, Andrew

    1990-01-01

    In both The Canterbury Tales and The Art of Courtly Love Geoffrey Chaucer and Andreas Capellanus deal with various aspects of courtly love. In particular, both of them focus to some degree on the question of clerical celibacy. The use of tale telling and imaginary dialogues result in a contemporary overview of the role of the cleric in courtly love, the church rules on the subject, and the opinions of the people on a subject that is ripe for exploration. My aim is to point out some of the ...

  7. Supervisory Control and Court Management

    Directory of Open Access Journals (Sweden)

    Andreas Lienhard

    2009-08-01

    Full Text Available Court management is an essential precondition for guaranteeing the adjudication of cases. At the same time, court administration is the key focus of supervisory control. Management instruments and structures, caseload management and other elements of quality assurance including the certification of judicial authorities must therefore be accorded considerable constitutional importance.

  8. 29 CFR 101.11 - Administrative law judge's decision.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 2 2010-07-01 2010-07-01 false Administrative law judge's decision. 101.11 Section 101.11... Practice Cases Under Section 10 (a) to (i) of the Act and Telegraph Merger Act Cases § 101.11 Administrative law judge's decision. (a) At the conclusion of the hearing the administrative law judge prepares a...

  9. Nullum Crimen sine Lege in the International Criminal Court

    Directory of Open Access Journals (Sweden)

    Venus GHAREH BAGHI

    2010-10-01

    Full Text Available The Principles of legality in crimes and punishments refer to the fact that an act is not considered a crime and deserves no punishment, until the legislator determines and announces thecriminal title and its penalty. In Iranian legal system, before the Islamic Revolution and also after it, the Constitution and ordinary laws have explicitly emphasized the observance of the mentionedprinciple. When there is no text or in the case of the silence or lack of law, the criminal judge is bound to issue the verdict of innocence. According to the Rome statute the court shall exercisejurisdiction over the crime of aggressions once a provision is adopted. And, according to the article 121 and 123 defending the crime and setting out, the condition under which the Court shall exercise jurisdiction with respect to crimes such as provision shall be consisted of the head of the general principle the relevant provision of the charter of the United Nations. The principle of legality is set out in article 22 to 24 of the ICC statute. These norms are derived from the customary law and the national law. Article 15, International Covenant on Civil and Political rights, states that no one shall be found guilty of any criminal offence based on an act or omission which did not constitute a criminal offence under national or international laws at the time when it was committed. Yet, in the context of prosecuting mass atrocities, genocide, crimes against humanity, and war crimes, international criminal law appears to be resigned to such a principle, if not openly including it. fact, that it may be considered the poor cousin of nullum crimen sine lege (no crime without law which has attracted far greater consideration in scholarship and jurisprudence.

  10. Guide to Alabama Court Procedures.

    Science.gov (United States)

    Alabama Administrative Office of Courts, Montgomery.

    Designed to assist the public in understanding the judicial system and judicial process in Alabama, this handbook (1) presents an overview of Alabama's courts and their jurisdictions, (2) identifies the officers of the courts and the contributions each makes to the judicial process, and (3) narrates in general terms the procedures most common to…

  11. Court decisions on medical malpractice.

    Science.gov (United States)

    Knaak, Jan-Paul; Parzeller, Markus

    2014-11-01

    Recent studies on court cases dealing with medical malpractice are few and far between. This retrospective study, therefore, undertakes an analysis of medical malpractice lawsuits brought before regional courts in two judicial districts of the federal state of Hesse. Over a 5-year period (2006-2010), 232 court decisions on medical malpractice taken by the regional courts (Landgericht) of Kassel and Marburg were evaluated according to medical discipline, diagnosis, therapy, relevant level of care, charge of neglect of duty by the claimant party, outcome of the lawsuit, and further criteria. With certain overlaps, the disciplines most frequently confronted with claims of medical malpractice were accident surgery and orthopedics (30.2%; n = 70), dentistry (16.4%; n = 38), surgery (12.1%; n = 28), and gynecology and obstetrics (7.8%; n = 18), followed by the remaining medical disciplines (38.8%; n = 90). Malpractice allegations were brought against the practice-based sector in 35.8 % (n = 83) of cases, the hospital-based sector in 63.3% (n = 147) of cases, and other sectors in 0.9% (n = 2) of cases. The allegation grounds included false administration of treatment (67.2%; n = 156), false indication of treatment (37.1%; n = 86), false diagnosis (31.5%; n = 73), and/or organizational negligence (13.8%; n = 32). A breach of duty to inform was given as grounds for the claim in 38.8% (n = 90) of cases. A significant majority of 65.6% (n = 152) of cases ended in a court settlement. Of the cases, 18.9% (n = 44) were concluded by claim withdrawal, 11.2% (n = 26) by claim dismissal and 2.6% (n = 6) by criminal sentence. Of the cases, 1.7% (n = 4) were for purposes of securing evidence. Although there was no conclusive evidence of malpractice, two thirds of the cases ended in a court settlement. On the one hand, this outcome reduces the burden on the courts, but on the other, it can in the long term give

  12. Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

    Science.gov (United States)

    2006-09-26

    Separation of Powers Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Eliminating Federal Court Jurisdiction Where There Is No State Court Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1 542 U.S. 466 (2004). Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court In Rasul v. Bush,1 a divided Supreme Court declared that “a state

  13. Opteren voor de Netherlands Commercial Court

    NARCIS (Netherlands)

    Hoeben, J.; Keirse, A.L.M.; Reijneveld, M.D.

    Internationale contracten leiden tot internationale handelsgeschillen. Deze kunnen onder meer worden beslecht bij een commercial court. In Nederland wordt momenteel een Netherlands Commercial Court (NCC) opgericht. Dit introduceert een keuze voor (contracts)partijen voor een nieuw forum voor

  14. Term excess in pretrial detention: A temporal paradigm in decisions of the 2nd Criminal Chamber of the Court of Ceará ?

    Directory of Open Access Journals (Sweden)

    Italo Farias Braga

    2017-02-01

    Full Text Available Given the difficulty in discovering any temporal term which there is illegality in procedure custody against the principle of reasonable processing time held an incidental research of “habeas corpus” filed in the 2nd Chamber of the State of Ceará Court of Justice in the first and in the last quarter of 2013 and analyzed 371 judged. Hence front of the absence of a numerical term, there has been a trend line of 350 days, influenced by a number of factors such as an abusive defense activity, number of accused and the complexity of the case.

  15. Conceptualizing juvenile prostitution as child maltreatment: findings from the National Juvenile Prostitution Study.

    Science.gov (United States)

    Mitchell, Kimberly J; Finkelhor, David; Wolak, Janis

    2010-02-01

    Two studies were conducted to identify the incidence (Study 1) and characteristics (Study 2) of juvenile prostitution cases known to law enforcement agencies in the United States. Study 1 revealed a national estimate of 1,450 arrests or detentions (95% confidence interval [CI]: 1,287-1,614) in cases involving juvenile prostitution during a 1-year period. In Study 2, exploratory data were collected from a subsample of 138 cases from police records in 2005. The cases are broadly categorized into three main types: (a) third-party exploiters, (b) solo prostitution, and (c) conventional child sexual abuse (CSA) with payment. Cases were classified into three initial categories based on police orientation toward the juvenile: (a) juveniles as victims (53%), (b) juveniles as delinquents (31%), and (c) juvenile as both victims and delinquents (16%). When examining the status of the juveniles by case type, the authors found that all the juveniles in CSA with payment cases were treated as victims, 66% in third-party exploiters cases, and 11% in solo cases. Findings indicate law enforcement responses to juvenile prostitution are influential in determining whether such youth are viewed as victims of commercial sexual exploitation or as delinquents.

  16. 20 CFR 404.944 - Administrative law judge hearing procedures-general.

    Science.gov (United States)

    2010-04-01

    ... order to receive new and material evidence. The administrative law judge may decide when the evidence... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative law judge hearing procedures... Determinations and Decisions Administrative Law Judge Hearing Procedures § 404.944 Administrative law judge...

  17. Barriers to addressing substance abuse in domestic violence court.

    Science.gov (United States)

    Riger, Stephanie; Bennett, Larry W; Sigurvinsdottir, Rannveig

    2014-03-01

    Substance abuse commonly co-occurs with intimate partner violence among both perpetrators and survivors. Specialized courts that focus on intimate partner violence provide a unique opportunity to address both problems simultaneously, but research has yet to identify whether this happens. In this qualitative study of a domestic violence court in a large midwestern metropolitan area, key informants were interviewed to understand how the Court treats substance abuse. Results indicate that substance abuse typically is not identified among perpetrators or survivors going through the Court unless it is mentioned in a police report. Barriers to such identification are the organization of the Court, bounded definition of actors' roles in the Court, limited resources, and negative attitudes towards survivors. These results suggest that specialized courts that attend to only one problem may overlook the possibility of addressing issues that commonly co-occur.

  18. 5 CFR 1201.125 - Administrative law judge.

    Science.gov (United States)

    2010-01-01

    ... PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Special Counsel Disciplinary Actions § 1201.125 Administrative law judge. (a) An administrative law judge will hear a disciplinary action... complaint seeking disciplinary action against a Federal or District of Columbia government employee for a...

  19. PENGADILAN HIBRIDA (HYBRID COURT SEBAGAI ALTERNATIF PENANGANAN KEJAHATAN INTERNASIONAL

    Directory of Open Access Journals (Sweden)

    Arie Siswanto

    2016-10-01

    Since the end of World War II, the international community witnessed the increasingly serious efforts to deal with the international crimes. Besides the domestic criminal courts and purely international tribunals, the forum that is also recently used to handle international crimes is the hybrid courts that have been established in several places such as in Cambodia, Sierra Leone and Timor-Leste. Hybrid courts are established from different political backgrounds, but as a legal institution, its establishment was necessarily based on legal instruments. This paper identifies that there are three patterns in the formation of hybrid court, which are: the establishment of a hybrid court based on an agreement between the UN and the relevant state, the establishment of a hybrid court by the UN or international administration and the establishment of a hybrid court by a country which later gains greater international support.

  20. Gymnastic Judges Benefit from Their Own Motor Experience as Gymnasts

    Science.gov (United States)

    Pizzera, Alexandra

    2012-01-01

    Gymnastic judges have the difficult task of evaluating highly complex skills. My purpose in the current study was to examine evidence that judges use their sensorimotor experiences to enhance their perceptual judgments. In a video test, 58 judges rated 31 gymnasts performing a balance beam skill. I compared decision quality between judges who…

  1. Court interpreting and pragmatic meaning

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    In Denmark, court interpreters are required to deliver verbatim translations of speakers' originals and to refrain from transferring pragmatic meaning. Yet, as this paper demonstrates, pragmatic meaning is central to courtroom interaction.......In Denmark, court interpreters are required to deliver verbatim translations of speakers' originals and to refrain from transferring pragmatic meaning. Yet, as this paper demonstrates, pragmatic meaning is central to courtroom interaction....

  2. Psychological Peculiarities of Judge Professional Activity and Decision-Making

    Science.gov (United States)

    Uspanov, Zholdybai T.; Turabayeva, Dana S.

    2016-01-01

    The article considers the psychological peculiarities of judge professional activity and decision-making, judge's mental set and requirements to ethical and moral requirements and quality. Moreover, this work offers original job analysis and competency model of judge professional activity. The authors have studied the problems concerning the…

  3. A People’s Court? A Bottom-up approach to litigation before the Euopean Court of Justice

    NARCIS (Netherlands)

    Hoevenaars, J.

    2018-01-01

    Each year the European Court of Justice delivers over a thousand decisions on the basis of EU law that affect the Members States as well as the lives of their citizens. Most of these decisions are the result of requests for a preliminary ruling sent by national courts and tribunals seeking an

  4. Specificity of the links between workplace harassment and PTSD: primary results using court decisions, a pilot study in France.

    Science.gov (United States)

    Bonafons, Claire; Jehel, Louis; Coroller-Béquet, Alain

    2009-04-01

    France is one of the first countries to have passed specific legislation concerning "mental harassment" (In French the term used in the legislation is "harcèlement moral" referring to harassment or bullying leading to mental or psychological distress.) in the workplace. However, the definition of mental harassment at work remains fairly vague. It is, indeed, a complex issue, since no objective and precise consensual definition has been given so far. The objective of this study is to clarify the criteria that French judges consider as characteristic of mental harassment, and to check whether the specific links between mental harassment at work and PTSD pointed to in recent international studies have been taken into account. This study proposes the main lines for debate in countries that have not yet adopted legal clauses on mental harassment at work. Our study is based on a sample of 22 people who were legally recognised as having been mentally harassed at work; this sample is taken as representative of all court decisions passed on harassment and published as such on the French Ministry of Justice website. To establish whether they were considering a case of harassment, the judges based their decisions on the nature of the accusations. In all cases (22/22), the charges brought against the defendant had to do with offences against the employee's dignity. Five cases out of 22 dealt with an offence infringing their rights, 10 cases out of 22 related to the employee's future within the company being compromised, while half of the cases (11/22) concerned a deterioration in the person's health. In more than half of the cases, the judges also looked for other factors, such as repetition and duration of the period of harassment. Whenever the judges noted a deterioration in the victim's mental health, they also referred to medical certificates reporting anxio-depressive syndromes or psychological disorders without providing further detail. No PTSD-like symptomatology was

  5. 16 CFR 0.14 - Office of Administrative Law Judges.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Office of Administrative Law Judges. 0.14 Section 0.14 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE ORGANIZATION § 0.14 Office of Administrative Law Judges. Administrative law judges are officials to whom the...

  6. Juvenile Arthritis

    Science.gov (United States)

    Juvenile arthritis (JA) is arthritis that happens in children. It causes joint swelling, pain, stiffness, and loss of motion. It can affect any joint, but ... of JA that children get is juvenile idiopathic arthritis. There are several other forms of arthritis affecting ...

  7. with a comparative view at the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court

    OpenAIRE

    Hiller, Kinga

    2010-01-01

    This thesis is about the connection between the constitutional ownership guarantee and the political-philosophical conception of property. I portray and analyze the jurisdiction of the Hungarian Constitutional Court since the fall of Communism in 1989 in light of these two aspects and venture a comparison with the jurisdiction of the U.S.- Supreme Court and the German Federal Constitutional Court. In political and philosophical terms, there are - roughly speaking - two opposing conceptio...

  8. The Relevance of Criminal Courts in the Global South

    Directory of Open Access Journals (Sweden)

    Pablo Leandro Ciocchini

    2017-12-01

    Full Text Available The literature on comparative law has a long and robust tradition, but studies comparing courts and judicial systems are scarce. Comparative studies in the Global South, following Shapiro’s institutional approach, have aimed to measure the involvement of courts in politics by assessing the power of the judiciary in society, the level of judicial independence, and their role in the context of the judicialization of politics. The focus was on the high courts, including either Constitutional or Supreme Courts. Criminal courts have not received similar attention despite the influence of their everyday decisions on people’s lives and their perception of the judicial system. This article argues that developing a comparative approach for criminal courts in the Global South is needed to help understand the role they play in the development of the rule of law and democratic life. This comparative study helps understand the impact of judicial reform programmes in the Global South. These reforms, inspired by a neoliberal paradigm, have focused on improving the efficiency of the courts. The reforms have promoted managerial techniques detrimental to the standards of due process. Any assessment of the impact of the reforms on the courts in the Global South should start by recognising the widely differing settings under which they operate. This context is characterised by serious economic constraints, such as a lack of material and human resources, and a democratic deficit legacy from the past authoritarian regimes, including widespread police abuse and corruption. Given this context, the role of the courts in ensuring due process and the legality of police procedures is crucial. The impact of the judicial reforms promoting managerial rationality in recent decades must be analysed. To examine the role courts are playing in criminal matters, two cases were explored where courts have undergone extensive judicial reforms, Argentina and the Philippines.

  9. What Is Juvenile Arthritis?

    Science.gov (United States)

    ... Initiative Breadcrumb Home Health Topics English Español Juvenile Arthritis Basics In-Depth Download Download EPUB Download PDF What is it? Points To Remember About Juvenile Arthritis Juvenile arthritis is the term used to describe ...

  10. Custodian for elderly with memory impairment in Sweden - a study of 260 physicians' statements to the court.

    Science.gov (United States)

    Björkstén, Karin S; Fälldin, Kerstin; Ulfvarson, Johanna

    2014-08-26

    In the modern world with new family structures, international migration and increased life expectancy, there is a growing need for legal ways of assisting elderly with impaired mental capacity to decide about their life and assets. There are few studies about the physician's role when a court appoints proxies for vulnerable elderly. Many doctors do not know how to assess mental capacity, and most lawyers and judges know little about medicine. Applications for a custodian sent to the Stockholm Chief Guardian' Office in Sweden were used. Physician's statements to the court for elderly with memory impairment were selected and 260 statements were scrutinized with regard to formal quality, the narrative content and the physician who wrote it. The quality of the statements varied from one sentence to excellent. Most statements were written by senior family practitioners or geriatricians. Seventeen % of the statements were handwritten and had more formal shortcomings than machine/computer written statements.The majority of patients needed massive help with daily life and economy. Median age was 84 years of age. MMSE score was given in 20% of the cases and varied from 6-27.A diagnosis of dementia was established in 57%. At the time of application, at least 48% were in a hospital or nursing home and at least 27% were in their private home. Only 5% were living with a spouse or a child. In 53% of the cases, the doctor knew the patient, but in 40% of the cases, the identity of the patient was not confirmed. The physician found that 54% were unable to understand the idea of getting a custodian, but out of those very vulnerable elderly, 20% had signed consent and 57% were considered able to be heard in court. There is a large variation in the quality of physicians' statements to the court concerning the mental capacity of elderly patients with cognitive impairment. Many statements have serious short-comings, and the system is not safe. There is a strong need for guide

  11. Individual Differences in Accurately Judging Personality From Text.

    Science.gov (United States)

    Hall, Judith A; Goh, Jin X; Mast, Marianne Schmid; Hagedorn, Christian

    2016-08-01

    This research examines correlates of accuracy in judging Big Five traits from first-person text excerpts. Participants in six studies were recruited from psychology courses or online. In each study, participants performed a task of judging personality from text and performed other ability tasks and/or filled out questionnaires. Participants who were more accurate in judging personality from text were more likely to be female; had personalities that were more agreeable, conscientious, and feminine, and less neurotic and dominant (all controlling for participant gender); scored higher on empathic concern; self-reported more interest in, and attentiveness to, people's personalities in their daily lives; and reported reading more for pleasure, especially fiction. Accuracy was not associated with SAT scores but had a significant relation to vocabulary knowledge. Accuracy did not correlate with tests of judging personality and emotion based on audiovisual cues. This research is the first to address individual differences in accurate judgment of personality from text, thus adding to the literature on correlates of the good judge of personality. © 2015 Wiley Periodicals, Inc.

  12. Unwrapping Court-Connected Mediation Agreements

    DEFF Research Database (Denmark)

    Adrian, Lin; Mykland, Solfrid

    2018-01-01

    Court-connected mediated agreements seem to both fulfil and fail the ideal of self-determination in mediation theory. In a study of 134 agreements from court-connected mediation, we found that the majority of agreements contain creative elements and display great variation in the provisions...... and understand them. The judicial language is well known for the drafters of the agreement but not the parties. Thus, court-connected mediation seems to fail aspects of self-determination when it comes to drafting agreements. We draw on new-institutional theory when we explore and explain this apparent...... they contain. These results indicate that the parties play an important role in crafting the substance of their agreements. However, we also found that the wording of the agreements is characterised by legal and bureaucratic language to the extent that people without legal training find it difficult to read...

  13. Matching Judicial Supervision to Clients’ Risk Status in Drug Court

    Science.gov (United States)

    Marlowe, Douglas B.; Festinger, David S.; Lee, Patricia A.; Dugosh, Karen L.; Benasutti, Kathleen M.

    2007-01-01

    This article reports outcomes from a program of experimental research evaluating the risk principle in drug courts. Prior studies revealed that participants who were high risk and had (a) antisocial personality disorder or (b) a prior history of drug abuse treatment performed better in drug court when scheduled to attend biweekly judicial status hearings in court. In contrast, participants who were low risk performed equivalently regardless of the court hearings schedule. This study prospectively matches drug court clients to the optimal schedule of court hearings based on an assessment of their risk status and compares outcomes to clients randomly assigned to the standard hearings schedule. Results confirmed that participants who were high risk and matched to biweekly hearings had better during-treatment outcomes than participants assigned to status hearings as usual. These findings provide confirmation of the risk principle in drug courts and yield practical information for enhancing the efficacy and cost-efficiency of drug courts. PMID:18174915

  14. Animal rights and environmemntal rights in Brazilian Supreme Court

    Directory of Open Access Journals (Sweden)

    Fernando Cesar Costa Xavier

    2018-01-01

    Full Text Available The subject. The article analyzes the arguments of the Federal Supreme Court of Brazil, used in the consideration of disputes concerning animal rights, in comparison with the developments of theorists in this field.The purpose of the article is to justify the necessity of respect for the rights of animals and the “animal dignity” by the courts.The methodology includes formal-legal analysis of courts’ decisions, comparative-legal analysis and synthesis as well as formal-logical analysis of scientific researches in the field of animal rights.The main results and scope of application. It is wrong to claim that the Brazilian Supreme Court decision in “Vaquejada” case (or even in “Farra do Boi” or cockfights cases would be an increase in the process of a supposed recognition of animal rights in the Brazilian constitutional jurisdiction. In such cases, most of the Judges who participated in the trial pondered and reinforced the prevalence of environmental law, including it wildlife protection (and non-submission of the animals to cruelty, pursuant to Art. 225, § 1, VII, of the Brazilian Constitution. In this way, it would have been disregarded the categorical difference between environmental law and animal rights. The Constitution itself encourages confusion between those categories when dealing with the prohibition of animal cruelty in a chapter on the environment (chap. VI. This article argues that the focus on the statement of environmental law, the Supreme Court allows them to be strengthened arguments considered as obstacles to the defenders of animal rights, particularly the anthropocentric argument that the balanced environment is important to make possible to human beings more quality of life. Analyzing the decisions, especially in of Vaquejada and Farra do Boi cases, it appears that points many important analyzed in the theoretical debate about animal rights, such as the notions of “animal dignity” and “flourishing life

  15. Limits of verification by the Federal Constitutional Court

    International Nuclear Information System (INIS)

    Anon.

    1985-01-01

    The court of administration of Baden-Wuerttemberg passed a resolution on October 27,1983 - 10 S 1102/83 - dismissing the application to revoke the immediate implementation of the first partial construction permit for the joint nuclear power plant Neckar II. As the plaintiff thereupon lodged a complaint with the Federal Constitutional Court the resolution did not become effective immediately. However, the Federal Constitutional Court on October 1, 1984 decreed unanimously in accordance with the section 93a subsection 3 of the law on the Federal Constitutional Court - 1 BvR 231/84 -: ''The constitutional complaint lodged is not taken up for decision because its chances of success are nil.'' Thus the original decision of the court of administration of Baden-Wuerttemberg passed on October 27, 1983 was confirmed by the endorsement of its immediate implementation. (orig./HSCH) [de

  16. 49 CFR 1503.607 - Administrative law judges.

    Science.gov (United States)

    2010-10-01

    ... 49 Transportation 9 2010-10-01 2010-10-01 false Administrative law judges. 1503.607 Section 1503... PROCEDURES Rules of Practice in TSA Civil Penalty Actions § 1503.607 Administrative law judges. (a) Powers of...) Administer oaths and affirmations. (4) Issue subpoenas authorized by law. (5) Rule on offers of proof. (6...

  17. Internal and External Dialogue: A Method for Quality Court Management

    Directory of Open Access Journals (Sweden)

    Marie Hagsgård

    2008-10-01

    Full Text Available The aim of quality court work is to maintain or improve public trust in the court as a vital part of a democratic society. Public confidence in the judicial system is affected by a number of factors, including speedy and judicially correct decisions which are generally understandable and a good treatment of parties and witnesses before and during court proceedings. In order to uphold and enhance public trust, courts need to work systematically to improve the quality of court functioning. But questions remain regarding how to institute quality court management, and how to achieve positive results. Although court managers in Sweden have shown an interest in starting systematic quality work, they have found it difficult to find a method for such work and systematically achieving results.

  18. Clinical factors associated with rape victims' ability to testify in court: a records-based study of final psychiatric recommendation to court.

    Science.gov (United States)

    Phaswana, T D; Van der Westhuizen, D; Krüger, C

    2013-09-01

    A rape victim may encounter professionals in both the health and the legal systems. Unanswered questions remain about clinical factors associated with a rape victim's ability to testify in court, and the quality of care offered to rape victims. The objectives of this study were thus to determine the clinical factors that are associated with a rape victim's ability to testify in court, as well as to undertake a preliminary exploration of the referral system between the court and the mental health services. A retrospective study was conducted of rape victims referred by the court (n=70) to be assessed psycho-legally by psychiatrists. Rape victims who were recommended as able and those recommended as unable to testify in court were compared with regard to their clinical characteristics. Thirty-seven (53.6%) victims were recommended as able to testify and 32 (46.4%) victims as unable to testify in court. Victims from rural areas and victims with severe mental retardation were statistically significantly more often found to be unable to testify in court. Almost half (49.2%) of the victims were referred by court for first assessment within six months of being raped. Most (63.5%) victims were assessed for the first time within one month of being referred. The decision about a victim's ability to testify should not be based solely on the two statistically significant variables but, rather, individualised. Optimal mental health and legal services should be offered to rape victims. Further studies are required in assessing the collaboration between the health and legal systems.

  19. Juvenile Firesetting.

    Science.gov (United States)

    Peters, Brittany; Freeman, Bradley

    2016-01-01

    Juvenile firesetting is a significant cause of morbidity and mortality in the United States. Male gender, substance use, history of maltreatment, interest in fire, and psychiatric illness are commonly reported risk factors. Interventions that have been shown to be effective in juveniles who set fires include cognitive behavior therapy and educational interventions, whereas satiation has not been shown to be an effective intervention. Forensic assessments can assist the legal community in adjudicating youth with effective interventions. Future studies should focus on consistent assessment and outcome measures to create more evidence for directing evaluation and treatment of juvenile firesetters. Copyright © 2016 Elsevier Inc. All rights reserved.

  20. Perceptions of the Judiciary and Intellectual Disability.

    Science.gov (United States)

    Cockram, Judith; And Others

    1993-01-01

    Seventeen Supreme Court Judges, District Court Judges, and Magistrates in Western Australia were surveyed to examine perceptions concerning overrepresentation of individuals with intellectual disability in the criminal justice system. The judiciary felt these individuals had several characteristics that would disadvantage them in contacts with the…

  1. PERKARA PERCERAIAN YANG DIPUTUS DENGAN VERSTEK

    Directory of Open Access Journals (Sweden)

    Sanyoto Sanyoto

    2009-05-01

    Full Text Available The court changed the divorce of a model and also an announcer Andhara Early to her husband Chesa in the Islamic Court of south Jakarta. This divorce was granted by the justice of the supreme court. This case is very interesting because the accused whom his place has been known and has been called three times properly kept his mind not to attend on the court session. Although has been called properly according to the article 125 HIR/149 RBg the absent of the accused on the court session gave the authority to the judge decided his thought vertically.His thought of the decision was depended on the accusation which is proposed on the court session and was supported by the rational argumentation of accusation. The Authentication from the plaintif ascertained the judge that the rational argumentation could be proved, with the result that the judge granted the accusation of divorce.This cose showed that the process of the court meeting by the absent of the accused made the divorce went fast.   Kata Kunci : cerai, Verstek

  2. Judging in Rhythmic Gymnastics at Different Levels of Performance.

    Science.gov (United States)

    Leandro, Catarina; Ávila-Carvalho, Lurdes; Sierra-Palmeiro, Elena; Bobo-Arce, Marta

    2017-12-01

    This study aimed to analyse the quality of difficulty judging in rhythmic gymnastics, at different levels of performance. The sample consisted of 1152 difficulty scores concerning 288 individual routines, performed in the World Championships in 2013. The data were analysed using the mean absolute judge deviation from the final difficulty score, a Cronbach's alpha coefficient and intra-class correlations, for consistency and reliability assessment. For validity assessment, mean deviations of judges' difficulty scores, the Kendall's coefficient of concordance W and ANOVA eta-squared values were calculated. Overall, the results in terms of consistency (Cronbach's alpha mostly above 0.90) and reliability (intra-class correlations for single and average measures above 0.70 and 0.90, respectively) were satisfactory, in the first and third parts of the ranking on all apparatus. The medium level gymnasts, those in the second part of the ranking, had inferior reliability indices and highest score dispersion. In this part, the minimum of corrected item-total correlation of individual judges was 0.55, with most values well below, and the matrix for between-judge correlations identified remarkable inferior correlations. These findings suggest that the quality of difficulty judging in rhythmic gymnastics may be compromised at certain levels of performance. In future, special attention should be paid to the judging analysis of the medium level gymnasts, as well as the Code of Points applicability at this level.

  3. Criminal adjudication by state courts under the FDRE constitution ...

    African Journals Online (AJOL)

    ... delegation power or as an original power. This article explores how the state courts are adjudicating federal criminal matters, and how the criminal adjudicative jurisdiction of the federal courts and state courts is compartmentalized. Keywords: jurisdiction, criminal adjudication, compartmentalization, constitution, federalism ...

  4. 25 CFR 11.907 - Transfer to Court of Indian Offenses.

    Science.gov (United States)

    2010-04-01

    ....907 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.907 Transfer to Court of Indian Offenses. (a) The presenting officer or the minor may file a petition requesting the children's court to transfer the minor to...

  5. Constitutional judges (guarantee of the Constitution and responsibility

    Directory of Open Access Journals (Sweden)

    Francisco Javier Ansuátegui Roig

    2012-06-01

    Full Text Available My aim in this paper is to propose a reflection on the position and the importance that the constitutional judge has in the legal systems of contemporary constitutionalism. The figure of the judge responsible of protecting the Constitution is a key institution, without which we cannot understand the laws of constitutional democracies, their current lines of development, and the guarantee of rights and freedoms that constitute the normative core of these systems. Moreover, the reflection on the exercise of the powers of the judge, its scope and its justification is an important part of contemporary legal discussion, still relevant, albeit not exclusively - in the field of legal philosophy. The object of attention of my reflection is the judge who has the power of judicial review, in a scheme of defense of the Constitution, regardless the specific ways of this defense.

  6. A Standing Investment Court under TTIP from the Perspective of the Court of Justice of the European Union

    NARCIS (Netherlands)

    Gáspár-Szilágyi, S.

    2016-01-01

    This article critically assesses the feasibility of the recently proposed Investment Court System (ICS) under the envisaged Transatlantic Trade and Investment Partnership (TTIP), from the perspective of the Court of Justice of the European Union (CJEU). It is argued that an ex ante assessment of the

  7. The problem of the quality of judging in rhythmic gymnastics

    Directory of Open Access Journals (Sweden)

    V.V. Perederij

    2013-03-01

    Full Text Available The aim of the study is to develop a classification of factors influencing the quality of judging in rhythmic gymnastics. As a result of consolidation of theoretical information and practical experience was a list of the factors that negatively affect the behavior of judges in gymnastics, which were divided into two groups: the objective and non-objective (subjective. Objective factors include intense competition schedule, fatigue, especially memory, attention, competition rules, to the subjective: the ratio of judges to their gymnast (team or to the opposing team, the lack of interest in the performance, composition of the judging panel, the influence of authority and popularity sportswomen dependence on its management. Respondents were unanimous in that independent professional judges are needed in a rhythmic gymnastics. It is set that 64% respondent mark the presence of pressure on judges from the side of competitors.

  8. Supreme Court Position Regarding the Implementation of International Law Crimes of the Past in Spain: a Legal Analysis after Reports of the un Working Group on Enforced Disappearance, the Committee on Enforced Disappearances and the un Special Rapporteur

    Directory of Open Access Journals (Sweden)

    Javier Chinchón Álvarez

    2014-10-01

    Full Text Available Along with the undeniable importance of the case, the judgment of the Spanish Supreme Court in the trial against Judge Baltasar Garzón accused of prevarication, having declared itself competent to investigate complaints for crimes committed during the Civil War and the Franco’s regime, it has had a determining significance: from then to now, the doctrine of the High Court has been almost literally followed by the remaining Spanish courts against any complaint concerning to crimes com- mitted before the last transition to democracy in Spain. This state of affairs has been repeatedly criticized by various bodies of the United Nations, expressly by the three that have visited Spain more recently: The UN Working Group on Enforced or Involuntary Disappearances, the Committee on Enforced Disappearances and the UN Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Repetition. In this contribution will be presented and analysed transcendent positions defended by the Supreme Court regarding the application of international law to the past crimes in Spain and especially its configuration as crimes against humanity, the legal assessment about the enforced disappearance, and the validity and application of the 1977 Amnesty Law.

  9. Court rejects claim of mental illness from needlestick.

    Science.gov (United States)

    1998-05-29

    The Montana Supreme Court rejected the bid of a medical technician to remain on workers' compensation, based on his claims that he suffered from psychosis, depression, and hallucinations after pricking himself with a needle used on an HIV-positive patient. [Name removed], a respiratory therapist at Community Medical Center in Missoula, tested negative for HIV, but claimed that the psychological trauma from the needlestick injury caused him to become disabled. Based on expert testimony, the Workers' Compensation Court determined that [name removed] was faking his symptoms to collect benefits from his employer's insurer, EBI/Orion Group. [Name removed] appealed, and the Supreme Court remanded the case, stating that psychologists are not included among the medical professionals able to conduct medical reviews. The Workers' Compensation Court again found that [name removed] was faking his symptoms, and [name removed] unsuccessfully appealed. The compensation panel cited conflicting evidence from psychological tests, [name removed]'s friends' testimonies, and [name removed]'s personal diary. The Supreme Court upheld the verdict.

  10. 29 CFR 18.9 - Consent order or settlement; settlement judge procedure.

    Science.gov (United States)

    2010-07-01

    ... has sole discretion to decide whether to appoint a settlement judge, except that a settlement judge... assigned to hear and decide the case. (ii) The settlement judge shall not be appointed to hear and decide... 29 Labor 1 2010-07-01 2010-07-01 true Consent order or settlement; settlement judge procedure. 18...

  11. First instance competence of the Higher Administrative Court

    International Nuclear Information System (INIS)

    Anon.

    1988-01-01

    (1) An interlocutory judgement can determine the admissibility of a legal action, also with regard to single procedural prerequisites (following BVerwG decision 14, 273). (2) The first instance competence for disputes about the dismantling of a decommissioned nuclear installation lies with the administrative courts and not with the higher administrative courts. Federal Administrative Court, decision of May 19, 1988 - 7 C 43.88 - (VGH Munich). (orig.) [de

  12. 8 CFR 246.4 - Immigration judge's authority; withdrawal and substitution.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judge's authority; withdrawal... IMMIGRATION REGULATIONS RESCISSION OF ADJUSTMENT OF STATUS § 246.4 Immigration judge's authority; withdrawal and substitution. In any proceeding conducted under this part, the immigration judge shall have...

  13. 20 CFR 416.1444 - Administrative law judge hearing procedures-general.

    Science.gov (United States)

    2010-04-01

    ... in order to receive new and material evidence. The administrative law judge may decide when the... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative law judge hearing procedures... Reopening of Determinations and Decisions Administrative Law Judge Hearing Procedures § 416.1444...

  14. 5 CFR 1201.142 - Actions filed by administrative law judges.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Actions filed by administrative law... AND PROCEDURES PRACTICES AND PROCEDURES Procedures for Original Jurisdiction Cases Actions Against Administrative Law Judges § 1201.142 Actions filed by administrative law judges. An administrative law judge who...

  15. Educational Malpractice: Why the Courts Say No.

    Science.gov (United States)

    Hammes, Richard

    1989-01-01

    The courts have refused to award damages to litigants claiming educational malpractice. This article discusses recurring themes in the courts' rationale for their decisions. Discussion focuses on elements of negligence: the duty of care, the breach of duty, injury and proximate cause. (IAH)

  16. 20 CFR 405.320 - Administrative law judge hearing procedures-general.

    Science.gov (United States)

    2010-04-01

    ...) Conduct of the hearing. The administrative law judge will decide the order in which the evidence will be... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Administrative law judge hearing procedures... PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.320...

  17. The Role of Courts in Shaping Health Equity.

    Science.gov (United States)

    Hall, Mark A

    2017-10-01

    United States' courts have played a limited, yet key, role in shaping health equity in three areas of law: racial discrimination, disability discrimination, and constitutional rights. Executive and administrative action has been much more instrumental than judicial decisions in advancing racial equality in health care. Courts have been reluctant to intervene on racial justice because overt discrimination has largely disappeared, and the Supreme Court has interpreted civil rights laws in a fashion that restricts judicial authority to address more subtle or diffused forms of disparate impact. In contrast, courts have been more active in limiting disability discrimination by expanding the conditions that are considered disabling and by articulating and applying the operative concepts "reasonable accommodation" and "other qualified" in the context of both treatment and insurance coverage decisions. Finally, regarding constitutional rights, courts have had limited opportunity to intervene because, outside of specially protected arenas such as reproduction, constitutional law gives government wide discretion to define health and safety goals and methods. Thus, courts have had only a limited role in shaping health equity in the United States. It remains to be seen whether this will change under the Affordable Care Act or whatever health reform measure might replace it. Copyright © 2017 by Duke University Press.

  18. The minor immigrant and the effects of juvenile migration in Europe

    Directory of Open Access Journals (Sweden)

    Andy Corneliu Pusca

    2015-12-01

    Full Text Available In the civil law and the international law, the minor immigrants are the new protagonists of migratory processes and constitute a fundamental subject. During the last decade, the presence of minors in the most important migration phenomenon has united migrations worldwide and the numbers increased significantly. There is no universal definition of the minor immigrant. This paper aims to describe the concept of minor immigrant, the effects of juvenile migration on the EU Member States and the measures to be taken in order to prevent the negative aspects and to reduce the human costs of migration processes. The method applied is the creation of placement and protection models able to comply with the obligations imposed by international conventions, model that is far from being considered adequate, since the convictions of the European Court of Human Rights prove the lack of practice in the field.

  19. 13 CFR 134.715 - Can a Judge reconsider his decision?

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Can a Judge reconsider his decision? 134.715 Section 134.715 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION RULES OF....715 Can a Judge reconsider his decision? (a) The Judge may reconsider an appeal decision within 20...

  20. Opteren voor de Netherlands Commercial Court

    OpenAIRE

    Hoeben, J.; Keirse, A.L.M.; Reijneveld, M.D.

    2017-01-01

    Internationale contracten leiden tot internationale handelsgeschillen. Deze kunnen onder meer worden beslecht bij een commercial court. In Nederland wordt momenteel een Netherlands Commercial Court (NCC) opgericht. Dit introduceert een keuze voor (contracts)partijen voor een nieuw forum voor beslechting van internationale handelsgeschillen in de Engelse taal, waarbij de belangen van snelheid, efficiëntie en goede financierbaarheid centraal staan. Dit artikel verkent de positieve aspecten van ...

  1. 8 CFR 1235.6 - Referral to immigration judge.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Referral to immigration judge. 1235.6 Section 1235.6 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION REGULATIONS INSPECTION OF PERSONS APPLYING FOR ADMISSION § 1235.6 Referral to immigration judge...

  2. Regional Courts as Judicial Brakes?

    Directory of Open Access Journals (Sweden)

    Metcalf Katrin Nyman

    2017-12-01

    Full Text Available The article examines how regional integration courts can act as judicial brakes, at a time when “constitutional coups” – leaders staying in power past constitutional time limits or other forms of actions against the spirit if not always the letter of the constitution – are alarmingly common. The article discusses how regional courts can be used to modify or protect national rule of law and the constitutional order from the outside (i.e. from the regional integration aspect and the extent to which this can be valid particularly to promote a uniform interpretation and application of human rights. Although this trend is visible in Europe, it is more striking, because less expected, on other continents, in particular Africa and the Americas, where the developments take place in less than perfect democratic environments. The article contains evidence from cases dealt with in the various regional courts, supporting that a system of political and judicial oversight, especially in regions with weak or fragile democratic systems, can be a useful addition to national judicial or other mechanisms of protection of rule of law and control of the executive. Action by regional courts helps defeat perceptions of majoritarian politics, which in many countries allow for the winner to take all. Under a system of regional oversight, states become aware of the limits they themselves have set and citizens become aware of their possibilities to challenge political power.

  3. Constitutional Court's Crisis Management of Akil Mochtar's Case

    OpenAIRE

    Uli Mediana, Cipta; Naryoso, S.Sos, M.Si, Agus

    2016-01-01

    The Constitutional Court is one of the state institutions that conduct independent judicial power to hold a court in order to enforce law and justice in Indonesia that became a proof of state agencies was also not spared from the crisis. The Chairman of the Constitutional Court in 2013, Akil Mochtar caught red-handed by the Corruption Eradication Commission (KPK) for allegedly receiving bribe money for handling election disputes Gunung Mas, Central Kalimantan and elections Lebak, Banten. Sinc...

  4. THE STUDY OF FEATURES OF GUILT OF JUVENILE OFFENDERS IN THE CONTEXT OF JUVENILE JUSTICE

    Directory of Open Access Journals (Sweden)

    Natalija Vladimirovna Galkina

    2015-08-01

    Full Text Available The article is devoted to the results of empirical studies of the experiences of guilt of juvenile offenders in the context of juvenile justice where a minor appears as the subject of legal relations. Restorative approach of juvenile justice is based on an admission of guilt to the victim. In connection with it, the research of features of the guilt of minors who have committed an offence and the conditions for the development of the subjectivity will enhance understanding of the possibilities of restorative juvenile justice system in the prevention of juvenile delinquency.Thus, the results of empirical research presented in the article are important for determining of the psychological bases of realization of rehabilitation programs in the context of juvenile justice. In particular, the results are important for the organization and conduct of psychological work to overcome the psychological barriers in the behavior of juveniles having inherently maladaptive guilt and destructive psychological defense mechanisms.

  5. 29 CFR 6.19 - Decision of the Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... Contracts Subject to the Service Contract Act) § 6.19 Decision of the Administrative Law Judge. (a) Proposed... presented on the record. The decision of the Administrative Law Judge shall be based upon a consideration of... respondent is found to have violated the Service Contract Act, the Administrative Law Judge shall include in...

  6. 20 CFR 405.325 - Issues before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ..., before deciding the issue, provides you an opportunity to address it. The administrative law judge or any... Act, we already may have decided a fact that is an issue before the administrative law judge. If this... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Issues before an administrative law judge...

  7. Judging Anomalies at the 2010 Olympics in Men's Figure Skating

    Science.gov (United States)

    Looney, Marilyn A.

    2012-01-01

    The purpose of this study was to determine if the 2010 Olympic figure skating judges had trouble scoring Plushenko and the transitions program component, and if the International Skating Union's (ISU) "corridor" method flagged the same judging anomalies as the Rasch analyses. A 3-facet (skater by program component by judge) Rasch rating…

  8. Juvenile Justice in Mexico

    Directory of Open Access Journals (Sweden)

    Martha Frías Armenta

    2014-08-01

    Full Text Available The first tribunal in Mexico was established in the central state of San Luis Potosi in 1926. The Law Regarding Social Prevention and Juvenile Delinquency for the Federal District and Mexican territories was promulgated in 1928. In 2005, Article 18 of the Mexican Constitution was modified to establish a comprehensive system (“Sistema Integral de justicia” in Spanish of justice for juveniles between 12 and 18 years old who had committed a crime punishable under criminal law. Its objective was to guarantee juveniles all the due process rights established for adults, in addition to the special ones recognized for minors. The constitutional reform also provides a framework that includes special tribunals as well as alternative justice options for juveniles. With these reforms, institutionalization of minors was to be considered an extreme measure applicable only to felonies and to juveniles older than 14. In 2006, all states within the Mexican federation enacted the “Law of justice for adolescents”. This system, at both the federal and state levels, formalizes a new global paradigm with regard to the triangular relationship between children, the State and the Law. It recognizes that children are also bearers of the inherent human rights recognized for all individuals, instead of simply objects in need of protection. However, despite formally aligning Mexican juvenile justice law with the Convention on the Rights of the Child (CRC, issues of actual substantive rights remained and new ones have appeared. For example, juveniles younger than 14 who have not committed a felony are released from institutions without any rehabilitation or treatment options, and alternative forms of justice were included without evaluating their possibilities of application or their conditions for success. In addition, the economic status of most juvenile detainees continues to be one of the most important determining factors in the administration of justice

  9. 20 CFR 404.1018 - Work by civilians for the United States Government or its instrumentalities-wages paid after 1983.

    Science.gov (United States)

    2010-04-01

    ... States Claims Court, a judge of the United States Court of International Trade, a judge of the United... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Work by civilians for the United States Government or its instrumentalities-wages paid after 1983. 404.1018 Section 404.1018 Employees' Benefits...

  10. National Courts and EU Law

    DEFF Research Database (Denmark)

    approaches and theories originating from law, political science, sociology and economics. The first section addresses issues relating to judicial dialogue and EU legal mandates, the second looks at the topic of EU law in national courts and the third considers national courts’ roles in protecting fundamental......, National Courts and EU Law will hold strong appeal for scholars and students in the fields of EU law, social sciences and humanities. It will also be of use to legal practitioners interested in the issue of judicial application of EU law....

  11. The Hellenistic Royal Court. Court Culture, Ceremonial and Ideology in Greece, Egypt and the Near East, 336-30 BCE

    NARCIS (Netherlands)

    Strootman, R.

    2007-01-01

    In the Hellenistic empires of Alexander the Great and his successors in Greece, Egypt and the Near East, new forms of court culture and political ideology developed during the last three centuries BCE. Appropriated by Parthian kings and Roman emperors alike, the culture of these Macedonian courts

  12. 20 CFR 658.710 - Decision of the Administrative Law Judge.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 3 2010-04-01 2010-04-01 false Decision of the Administrative Law Judge. 658... Agencies § 658.710 Decision of the Administrative Law Judge. (a) The Administrative Law Judge shall have jurisdiction to decide all issues of fact and related issues of law and to grant or deny appropriate motions...

  13. HUD Administrative Law Judges Decisions

    Data.gov (United States)

    Department of Housing and Urban Development — This site contains substantive and precedential decisions issued by the Office of Administrative Law Judges. The site does not contain subsequent rulings or...

  14. Juvenile mammary papillomatosis; Papilomatosis juvenil mamaria

    Energy Technology Data Exchange (ETDEWEB)

    Alvarez, M.; Jimenez, A. V. [Hospital Reina Sofia. Cordoba (Spain)

    2001-07-01

    Juvenile mammary papillomatosis is a benign proliferative disease of young patients, generally under 30 years of age. The most frequent clinical presentation is the existence of an elastic and mobile lymph node of the breast. Anatomopathologically, it is characterized because it presents ductal epithelial hyperplasia, sometimes with marked atypia, and there are numerous cysts having different sizes among the findings. It has been associated with an increase in the incidence of breast cancer, both in the patient herself as well as her family. We review the literature on the subject and present the mammographic and ultrasonographic findings of a 22 year old woman diagnosed of juvenile mammary papillomatosis. (Author) 12 refs.

  15. Prostitution and (illegal migration as possible hidden forms of trafficking in human beings: The analyses of the practice of the Magistrate Court in Belgrade

    Directory of Open Access Journals (Sweden)

    Anđelković Marija

    2003-01-01

    Full Text Available In this paper the author analyses all the cases from the 2002 practice of Magistrate Court in Belgrade, which relate to prostitution and illegal migration. The main aim of this paper is to show who are the women and men who are accused and punished for prostitution and illegal migration, as well as to argue that the part of them are in fact victims of trafficking in human beings. In conclusion, the author suggests the necessity for training of magistrate judges in order to be able to recognize victims of trafficking and, consequently, to be able to treat them as victims rather than as offenders.

  16. 8 CFR 235.6 - Referral to immigration judge.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Referral to immigration judge. 235.6 Section 235.6 Aliens and Nationality DEPARTMENT OF HOMELAND SECURITY IMMIGRATION REGULATIONS INSPECTION OF PERSONS APPLYING FOR ADMISSION § 235.6 Referral to immigration judge. (a) Notice—(1) Referral by Form I...

  17. 29 CFR 6.41 - Referral to Chief Administrative Law Judge.

    Science.gov (United States)

    2010-07-01

    ... Administrative Law Judge to conduct such hearings as may be necessary to decide the disputed matters. A copy of... 29 Labor 1 2010-07-01 2010-07-01 true Referral to Chief Administrative Law Judge. 6.41 Section 6... Substantial Interest Proceedings § 6.41 Referral to Chief Administrative Law Judge. (a) Upon timely receipt of...

  18. Editorial Coverage of Reagan Supreme Court Nominees.

    Science.gov (United States)

    Hale, F. Dennis

    To measure the editorial advocacy of influential newspapers concerning the membership of the Supreme Court, a study analyzed editorials from such newspapers concerning the last five Supreme Court nominees of President Ronald Reagan (William Rehnquist, Antonin Scalia, Robert Bork, Douglas Ginsburg, and Anthony Kennedy). A telephone survey of 100…

  19. 78 FR 14017 - Courts of Indian Offenses

    Science.gov (United States)

    2013-03-04

    ... process of establishing, tribal courts; and are therefore no longer in need of an extra-tribal judicial... Health Hospital, and the Albuquerque Indian School Property (land held in trust for the 19 Pueblos of New... have courts to administer justice on land under their jurisdiction. Prior notice and comment are...

  20. The Italian regulation on Assisted Reproductive Technologies facing the European Court of Human Rights: the case of Costa and Pavan v. Italy.

    Science.gov (United States)

    Penasa, Simone

    2012-01-01

    This article will describe the current legal framework on Assisted Reproduction Technology (ART) regulation in Italy, taking into account recent case-law derived from the implementation of the Law 40 of 2004 on ART. Special attention will be devoted to the case of Costa and Pavan v. Italy, recently decided by the Tenth Session of the European Court of Human Rights (ECtHR). In that decision, the European Court declared the incompatibility of the ban to pre-implantation genetic diagnosis introduced by the abovementioned Italian law on ART. The case will be analysed from a dual perspective. On the one hand, it will be considered in the light of the ECtHR case-law, in order to derive systematic aspects of continuity or discontinuity between the former and the latter2. On the other hand, the case will be considered in the light of its concrete and prospective impact on the Italian legal approach to ART regulation, considering especially the direct and indirect influence of the case: e.g., its possible utilisation by Italian judges when they are called upon to implement Law 40.

  1. [Cochlear implants in the social courts].

    Science.gov (United States)

    Lottner, A; Iro, H; Schützenberger, A; Hoppe, U

    2018-02-01

    Since the indication for receiving a cochlear implant (CI) has widened (single-sided deafness [SSD], electric acoustic stimulation [EAS], bilateral CI, CI for long-term deafness), more and more patients come into consideration for such a treatment. Hence, disputes increasingly arise between patients and their insurance companies concerning the question of whether surgery and follow-up treatment have to be paid for by statutory health insurance. This work provides an overview of judgments rendered by the German social courts. We investigated whether and in which cases it is advisable for a patient to go to court, and how long the proceedings may take. We looked for judgments in the two biggest commercial legal databases and in the database of the German social courts, using combinations of the search parameters "Cochlear," "Cochlea," "Implant," and "Implantat." Three verdicts were attained by directly contacting the court; another one was mentioned in an article. The reviewed judgements were issued between 2003 and 2017. A total of 12 judgments were found. The patients won in all but one of the main proceedings. The case that was lost concerned exceptional circumstances. One patient didn't get the desired interim measure, but won in the main proceedings. The proceedings took between 1 year and 8 months, and 9 years and 5 months. Despite the amount of time the patient has to invest, taking legal action is worthwhile. The proceedings at the social courts are generally exempt from charges. In most cases, the statutory health insurance is ordered to pay for a CI.

  2. Sociomateriality at the Royal Court of IS

    DEFF Research Database (Denmark)

    Kautz, Karlheinz; Jensen, Tina Blegind

    2013-01-01

    understanding of the notion of sociomateriality and its use in the IS discipline. We invite the reader to attend a prolonged monologue – characterized by honesty, frank observations and wit – at the royal court of IS. The monologue is delivered by the court jester and directed to the two sovereigns who, based...

  3. What Defines an International Criminal Court?

    DEFF Research Database (Denmark)

    Kjeldgaard-Pedersen, Astrid

    2015-01-01

    that only criminal tribunals deriving their authority from international law should be labelled ‘international’, while the term ‘national criminal court’ should apply to tribunals set up under national law. This terminology would underline that issues concerning jurisdiction and applicable law must......Since the post-World War II tribunals, only few scholars have attempted to draw a definitional distinction between international and national criminal courts. Remarkable exceptions include Robert Woetzel, who in 1962 categorized criminal courts according to ‘the involvement of the international...... that ‘the involvement of the international community’ is at best an unhelpful criterion when it comes to resolving questions, e.g. regarding the immunity of state officials and the relevance of domestic law, that require a determination of the legal system in which the court operates. Instead, it is argued...

  4. Jurisdiction of the international Criminal Court: Analysis, loopholes ...

    African Journals Online (AJOL)

    Jurisdiction of the international Criminal Court: Analysis, loopholes and challenges. ... Journal Home > Vol 3 (2012) > ... One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case.

  5. The Constitutional Court and the Imperative of its Reform

    Directory of Open Access Journals (Sweden)

    Claudia Gilia

    2012-12-01

    Full Text Available Recent debates on the upcoming review of the Constitution have determined us to pay close attention to the basic institution in a democratic state, that is the Constitutional Court. Being caught in the crossfire between power and opposition, the Constitutional Court had a hard time lately, facing severe attacks. The aim of our study is to analyze the evolution of the Constitutional Court within the inland constitutional system, particularly bringing up the flaws describing the Court’s activity. We have also analyzed the proposals put forth by several bodies or experts regarding the constitutional contentious court. At the end of our study, following an analysis of different constitutional types of constitutional review, used by a number of states in Europe, we introduced several resolutions that may improve the role, the course and, last but not least, the activity of the Romanian Constitutional Court.

  6. Activist Infighting among Courts and Breakdown of Mutual Trust?

    DEFF Research Database (Denmark)

    Neergaard, Ulla; Sørensen, Karsten Engsig

    2017-01-01

    had itself created it out of nowhere. In turn this appeared to be an implicit reference to the widely criticized interpretative approach of the CJEU, resulting in a far-reaching willingness to espouse judicial activism. But in acting as it did, it seems ironic that the Danish Supreme Court itself......, in this article the judgments are analysed in depth and placed into their wider context. Among other matters, we have considered how the courts should strike a sensitive balance, which has to exist in the relationship between the national courts and the CJEU, requiring mutual trust or, at the least, judicial......In its combative Ajos judgment recently rendered by the Danish Supreme Court, the court openly and controversially challenged the authority of the CJEU. By the same token, in the preliminary ruling by the CJEU preceding it, the CJEU had continued to develop the controversial general principle...

  7. High court asked to review differing definitions of 'disability'.

    Science.gov (United States)

    1997-02-21

    [Name removed] applied for and received Social Security benefits after losing his job at The Disney Stores, Inc. [Name removed], who has AIDS, alleges he was fired in violation of the Americans with Disabilities Act (ADA). The 3rd U.S. Circuit Court of Appeals said [name removed] could not sue [name removed] because of a discrepancy between his statements on the disability application and in the lawsuit. The Court said he had to choose between suing and accepting disability benefits. The court would not accept [name removed]'s argument that the definitions of disability under the Social Security Act and the ADA differed significantly. The U.S. Supreme Court has been asked to overturn this ruling. In a related case, the Michigan Court of Appeals invoked judicial estoppel to bar a worker from suing his employer under the State Handicappers' Civil Rights Act.

  8. Dispute resolution by Courts and Dispute resolution in court. Partners or rivals?

    Directory of Open Access Journals (Sweden)

    Kristin Hero

    2011-12-01

    Full Text Available This session of the workshop was dedicated to alternative dispute resolutions (ADR, which consists of dispute resolution processes and techniques through which disagreeing parties come to an agreement without having to litigate. Despite historic resistance, over the years ADR has gained widespread acceptance among both the general public and the legal profession. In the discussion there was a specific emphasis on mediation and arbitration. Kathrin Nitschmann, a lawyer and mediator from Saarbruecken, Germany, talked about “Professionalisation in mediation”. In addition to participation aspects she determined both the risks and the perspectives of professionalization in mediation. Luigi Cominelli, Assistant Professor of Sociology of Law at the University of Milan, Italy, reported on “Regulating Mediation in the EU”. He described the history of regulating mediation in the EU as well as domestic regulations since the beginning of modern mediation movement in the western world since the 1970s. Claude Witz, a French civil law professor at the University of Saarland, Germany, referred to “His experience in arbitration.” After highlighting some aspects of his experience, he pointed out the importance of arbitration in international commercial disputes. Alec Stone Sweet, Leitner Professor of Law, Politics, and International Studies, Yale Law School, United States, was reporting on “Arbitration and judicialization.” Initially, he presented arbitration as a triadic dispute resolution and then focused on judizialization in arbitration. Sir David Edward, former Judge of the Court of Justice of the European Communities and Professor Emeritus of the School of Law of the University of Edinburgh, United Kingdom, spoke about “The view of an arbitrator.” While elaborating on multiple reasons for ADR, he honed focus on mediation and arbitration. Finally Heike Jung, Professor Emeritus of Penal Law of the University of the Saarland, Germany

  9. The Ultimum Remedium Principle In The Context Of Criminal Punishment Against Children As An Actor Of Narcotics Crime

    Directory of Open Access Journals (Sweden)

    Syachdin

    2015-08-01

    Full Text Available Abstract Drug abuse has grown over the days with significant development. Narcotics crime actually not only brings individual actors but tends to be a criminal offense syndicate or covert organization over the worlds. In this case the syndicate allegedly not only brings perpetrators of adults but feared the actors who are categorized as a child in accordance with the applicable laws. On the other side children occupy a special place in the law. Basic philosophy of the treatment of juvenile delinquents is for the best interests of the child but the fact that peoples behavior lately is very alarming how society is so easy to judge people suspected as perpetrators of criminal acts. The objective of this research is to understand the essence of the ultimum remedium principle as the basis for criminal punishment in the Indonesian criminal system in order to understand how the crisis is influencing drug phenomenon and drugs users lives and the extent of their impact on the settlement of narcotics crime against children as an offender. The outcomes of the research indicate that the Law No. 11 of 2012 regarding the Criminal Justice System for Juvenile Delinquency Rules of the Supreme Court of the Republic of Indonesia No. 4 of 2014 on Guidelines for Diversion and Law No. 35 of 2009 regarding Narcotics Crime have been given the freedom and legitimacy to the judge to apply the principle of ultimum remedium in handling cases of children in conflict with the law. As it turns out in practice however the ultimum remedium principle is rarely applied and tends to be overlooked in the process of juvenile justice.

  10. UK: Welsh court reduces sentence, cites HIV status.

    Science.gov (United States)

    Marceau, Emmanuelle

    2003-08-01

    A Welsh appeal court has reduced the sentence handed down to an offender because of his HIV status, despite his lengthy criminal record. The court reduced the sentence from five to three-and-a-half years' imprisonment.

  11. Court Cases Involving Contracts for School Districts

    Science.gov (United States)

    Allen, L. Hank

    2011-01-01

    The purpose of this research was to analyze trends in the United States regarding contract disputes that exist in school districts. Court cases were identified at the state and federal level to determine the outcomes and the fact patterns of contract disputes. To gain the knowledge of how courts handle cases of contractual breach, contracts…

  12. Juvenile giant fibroadenoma

    Directory of Open Access Journals (Sweden)

    Vipul Yagnik

    2011-07-01

    Full Text Available Fibroadenomas are benign solid tumor associated with aberration of normal lobular development. Juvenile giant fibroadenoma is usually single and >5 cm in size /or >500 gms in weight. Important differential diagnoses are: phyllodes tumor and juvenile gigantomastia. Simple excision is the treatment of choice.

  13. Social workers as "experts" in the family court system: is evidence-based practice a missing link or host-created knowledge?

    Science.gov (United States)

    Prescott, Dana E

    2013-10-01

    The graduate school curriculum for social workers requires that students learn to critically distinguish between opinion-based knowledge and evidence-based practices, or empirically-supported interventions. Once graduated, licensed social workers are often called upon to offer diagnostic and predictive opinions as experts in a variety of macro-environments. When the family courts are that "host" environment, social workers proffer expert opinions that may categorize and label parents or children for purposes of a judge's allocation of physical or legal custody. In this article, it is suggested that the social work profession, within all three domains of education, practice, and research, should more precisely link the design and fidelity of an evidence-based practice (EBP) with its potential misapplication or warping when proffered as science in "host" environments like family courts. As Foucault and other scholars warn, the failure to verify that an intervention is applied correctly may actually enhance the risk of social injustice by interpreting and translating EBP knowledge in the non-empirical form of authority-by-license. This article, therefore, proposes that the social work profession, from the classroom to the field, has an obligation to thoroughly understand and engage interdisciplinary practices that assure respect for the strengths and limits of social work knowledge.

  14. Federal Constitutional Court, decision of October 5, 1982 (''Stade'')

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

    With the decision of October 5, 1982, the preliminary appraisal committee of the Federal Constitutional Court did not accept for trial the appeal on constitutional grounds against the judgment of December 22, 1980 of the Federal Administrative Court (BVerwGE 61, 256), which dismissed the action for anulment of the 7th part-construction permit for Stade nuclear power plant launched by the apellant domiciled at a distance of about 25 km from said power plant. The committee states that there are doubts even as to the admissibility of the appeal. There is no infringement of Art. 19, Para. 4 of the Basic Law, the court says, and explains the requirements to be met by the statement proving one's case. The apellant did not explain why Art. 3, Para. 1, 2 Para. 1, or 103, Para. 1 Basic Law present a reason to commence legal proceedings, and the court comes to the conclusion that even assuming admissibility on other grounds, the action would most likely be unsuccessful. The court does not accept the opinion stated by the apellant, that the Fed. Adm. Court demanded too stringent requirements for proving one's case, in this particular case the right of third parties affected to call for legal protection. The court furthermore states that there is not sufficient reason to appeal against the preclusion of the apellant's complaints in accordance with section 7 b of the Atomic Energy Act, or section 3(1) of the Nuclear Installations Ordinance. (HP) [de

  15. Court supervised institutional transformation in South Africa ...

    African Journals Online (AJOL)

    The traditional adversarial model of litigation in South Africa operates on the basis that two or more parties approach the court, each with its own desired outcome. The court is then obliged to decide in favour of one of the parties. A different model of litigation is emerging in South African law. This model involves actions ...

  16. 20 CFR 416.1452 - Consolidated hearings before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... are involved in another claim you have pending before us. (2) If the administrative law judge decides... administrative law judge. 416.1452 Section 416.1452 Employees' Benefits SOCIAL SECURITY ADMINISTRATION..., and Reopening of Determinations and Decisions Administrative Law Judge Hearing Procedures § 416.1452...

  17. 20 CFR 405.365 - Consolidated hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... before us. (2) If the administrative law judge consolidates the claims, he or she will decide both claims... law judge. 405.365 Section 405.365 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Administrative Law Judge Hearing § 405.365...

  18. Enrollment in mental health courts: voluntariness, knowingness, and adjudicative competence.

    Science.gov (United States)

    Redlich, Allison D; Hoover, Steven; Summers, Alicia; Steadman, Henry J

    2010-04-01

    Mental health courts (MHCs) are rapidly expanding as a form of diversion from jails and prisons for persons with mental illness charged with crimes. Although intended to be voluntary, little is known about this aspect of the courts. We examined perceptions of voluntariness, and levels of knowingness and legal competence among 200 newly enrolled clients of MHCs at two courts. Although most clients claimed to have chosen to enroll, at the same time, most claimed not to have been told the court was voluntary or told of the requirements prior to entering. The majority knew the "basics" of the courts, but fewer knew more nuanced information. A minority also were found to have impairments in legal competence. Implications are discussed.

  19. IMPLEMENTASI TUGAS HAKIM PENGAWAS DAN PENGAMAT DALAM PENGAWASAN DAN PENGAMATAN TERHADAP NARAPIDANA (Kajian di Lembaga Pemasyarakatan Klas II A Purwokerto

    Directory of Open Access Journals (Sweden)

    Dessy Perdani Yuris PS

    2010-05-01

    Full Text Available The implementation of court judgments needs to be observed and perceived, thus the birth of Supervisor and Observer Judge Institution by Law No. 8 of 1981. The position of a Judge is not simply responsible for imposition of punishment, but also have to responsible for completion of punishment term by inmates in Correctional Institute by appropriate pattern and program of counseling. Besides in article 277 KUHAP till article 288 KUHAP it is charged another task as supervisor and observer of the court decision. The research results show that the implementation of the Supervisory Judge task and Observers in the execution of court decisions in Purwokerto Penitentiary is based on the Criminal Procedure Code Article 277 through Article 283 Criminal Procedure Code, the implementing regulations of the Supreme Court Circular No. RI. No. 7 of 1985. Supervisory Judge in the performance of duties and Observers in Purwokerto Penitentiary still met the constraints that are internal or external, internal resistance from law enforcement and the factors of factor means or facilities. Then the external barriers are the ruling factor.

  20. Federal Constitutional Court, decision of 8 July 1982 ('Whyl')

    International Nuclear Information System (INIS)

    Anon.

    1984-01-01

    The Federal Constitutional Court with its decision of July 8, 1982 dismissed the action of the Sasbach Gemeinde which launched an appeal against the judgments of the Baden-Wuerttemberg Higher Administrative Court (of Oct. 17, 1980) and the Federal Administrative Court (of July 17, 1980), by which actions of said Gemeinde to annul the construction licence for unit I (South) of the Wyhl reactor were dismissed. The Federal Constitutional Court decision states that the Gemeinde as a corporate body, and not acting to perform its duties as a local authority, may not claim legal protection on the basis of Art. 14, para. 1, sentence 1 of the Basic Law. Also, the decision states, the interpretation and appropriate application of section 3, (1) of the Nuclear Installations Ordinance does not represent an infringement of the rights guaranteed by Art. 19, para. 4, sencentence 1 of the Basic Law. Nor could the Court see any reasons indicating an offense against Art. 103, (1) of the Basic Law. (HP) [de

  1. "Si no vas al Senado, no te eligen magistrado". Instituciones informales y criterios de selección de los magistrados de la Corte Constitucional colombiana en el Senado (1992-2009

    Directory of Open Access Journals (Sweden)

    Ana María Montoya

    2013-12-01

    Full Text Available Judicial appointments are political processes shaped by both formal and informal practices. This article asks why certain candidates are elected as judges to the High Courts while others are not. More specifically, what have been the criteria in the election of judges to the Colombian Constitutional Court in the Senate, from 1992 to 2009. Using qualitative and quantitative analysis, I argue that, like in the United States, ideological and political considerations guide the appointment of these Judges. Other criteria, like their demographic characteristics or their professional qualifications, also play a role. Nonetheless, the main finding is that lobbying directly by candidates or through a political promoter is a determinant informal institution in the selection of the Judges of the Constitutional Court. It is a necessary condition for the other aspects to come together in the final senatorial choice.

  2. Robo-Judge Meets Elastic Man

    DEFF Research Database (Denmark)

    Lookofsky, Joseph

    2014-01-01

    , such as the place of a performance of a given contractual obligation or the place where the party who renders a given type of performance resides, courts in the United States follow rules cut from a very different cloth, with jurisdictional determinations based on a mélange of flexible factors involving complex...

  3. Judging adaptive management practices of U.S. agencies.

    Science.gov (United States)

    Fischman, Robert L; Ruhl, J B

    2016-04-01

    All U.S. federal agencies administering environmental laws purport to practice adaptive management (AM), but little is known about how they actually implement this conservation tool. A gap between the theory and practice of AM is revealed in judicial decisions reviewing agency adaptive management plans. We analyzed all U.S. federal court opinions published through 1 January 2015 to identify the agency AM practices courts found most deficient. The shortcomings included lack of clear objectives and processes, monitoring thresholds, and defined actions triggered by thresholds. This trio of agency shortcuts around critical, iterative steps characterizes what we call AM-lite. Passive AM differs from active AM in its relative lack of management interventions through experimental strategies. In contrast, AM-lite is a distinctive form of passive AM that fails to provide for the iterative steps necessary to learn from management. Courts have developed a sophisticated understanding of AM and often offer instructive rather than merely critical opinions. The role of the judiciary is limited by agency discretion under U.S. administrative law. But courts have overturned some agency AM-lite practices and insisted on more rigorous analyses to ensure that the promised benefits of structured learning and fine-tuned management have a reasonable likelihood of occurring. Nonetheless, there remains a mismatch in U.S. administrative law between the flexibility demanded by adaptive management and the legal objectives of transparency, public participation, and finality. © 2015 Society for Conservation Biology.

  4. The Federal Administrative Court confirms unlawfulness of nuclear power moratorium. Political primacy is only valid in the bounds of justice

    International Nuclear Information System (INIS)

    Leidinger, Tobias

    2014-01-01

    With its decision on December 20 th , the Federal Administrative Court (BVwerfG) came to the legally valid conclusion that after the Fukushima nuclear power plant accident, the supervision court order related to the law on nuclear installation by the Hessian Ministry for the Environment, in order to stop operating nuclear power plants Biblis A and B for 3 months or rather not to put in operation again, was unlawful (BVwerfG 7 B 18.13 und 7 B 19.13). Beforehand, the Hessian Administrative Court (Hess. VGH) had already pronounced its judgement on February 27 th 2013. The supervising orders were part of the so-called nuclear power moratorium. They were issued after the resolution of the federal government, at demand of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) towards their nearby countries, and were identically executed by the supervisory authority of the other site-countries. Besides Biblis in Hesse, nuclear power plants in Neckarwestheim I and Philippsburg 1, Baden-Wurttemberg, Isar 1 in Bavaria, Unterweser in Lower Saxony, as well as Brunsbuettel in Schleswig-Holstein, were affected. However only RWE took legal action and was now affirmed - after the Hessian VGH verdict- by the highest German administrative court: The nuclear power moratorium - the first step to withdrawal of nuclear power in Germany - was unlawful. The decision taken by the BVerwG - as well as the one by the Hessian VGH - indicates a juridical clear and precise argumentation. The partially polemic and unobjective critic, which the VHG-verdict experienced, did not disguise, just as little as the political conflict concerning the withdrawal from nuclear energy, the view of federal judges, regarding the decision-relevant questions nor did they influence their reply. The political primacy finds its limits in the bounds of justice. Existing rights do not become thus a paper waste because there is a fundamental decision. This takes effectiveness for

  5. Juvenile Idiopathic Arthritis

    Directory of Open Access Journals (Sweden)

    Kenan Barut

    2017-04-01

    Full Text Available Juvenile idiopathic arthritis is the most common chronic rheumatic disease of unknown aetiology in childhood and predominantly presents with peripheral arthritis. The disease is divided into several subgroups, according to demographic characteristics, clinical features, treatment modalities and disease prognosis. Systemic juvenile idiopathic arthritis, which is one of the most frequent disease subtypes, is characterized by recurrent fever and rash. Oligoarticular juvenile idiopathic arthritis, common among young female patients, is usually accompanied by anti-nuclear antibodie positivity and anterior uveitis. Seropositive polyarticular juvenile idiopathic arthritis, an analogue of adult rheumatoid arthritis, is seen in less than 10% of paediatric patients. Seronegative polyarticular juvenile idiopathic arthritis, an entity more specific for childhood, appears with widespread large- and small-joint involvement. Enthesitis-related arthritis is a separate disease subtype, characterized by enthesitis and asymmetric lower-extremity arthritis. This disease subtype represents the childhood form of adult spondyloarthropathies, with human leukocyte antigen-B27 positivity and uveitis but commonly without axial skeleton involvement. Juvenile psoriatic arthritis is characterized by a psoriatic rash, accompanied by arthritis, nail pitting and dactylitis. Disease complications can vary from growth retardation and osteoporosis secondary to treatment and disease activity, to life-threatening macrophage activation syndrome with multi-organ insufficiency. With the advent of new therapeutics over the past 15 years, there has been a marked improvement in juvenile idiopathic arthritis treatment and long-term outcome, without any sequelae. The treatment of juvenile idiopathic arthritis patients involves teamwork, including an experienced paediatric rheumatologist, an ophthalmologist, an orthopaedist, a paediatric psychiatrist and a physiotherapist. The primary goals

  6. Court Culture during the Reign of Christian IV

    DEFF Research Database (Denmark)

    Olden-Jørgensen, Sebastian

    2007-01-01

    Court culture can be defined as a range of cultural forms (festival culture, painting, literature, music, architecture) employed for the enhancement of princely status and the communication of political messages. Christian IV evidently set great store on court culture beginning with his magnificent...

  7. Federal Court of Administration confirms preclusion of objections

    International Nuclear Information System (INIS)

    1982-01-01

    1. The preclusion established as a rule of law in sub-section 1 of sect. 3 of the Ordinance concerning the Procedure for Licensing Nuclear Installations is not only applicable to administrative proceedings, but also to administrative court proceedings. 2. In an advanced process situation, the preclusion rule of sub-section 1 of sect. 3 of the Ordinance concerning the Procedure for Licensing Nuclear Installations is applicable, this does not constitute a violation of the principle of having 'fair' proceedings. 3. Objections as defined by the above-mentioned regulation have to be presented with reference to the project and within the period allowed, during the licensing procedure concerning the project. The Federal Court of Administration has confirmed the preclusion of objections. The court dismissed the complainant's appeal against the non-admission of appeal ruled in the decision of the Administrative Court of Baden-Wuerttemberg of Nov. 7, 1980. (orig./HP) [de

  8. 20 CFR 404.952 - Consolidated hearing before an administrative law judge.

    Science.gov (United States)

    2010-04-01

    ... before us. (2) If the administrative law judge decides to hold the hearing on both claims, he or she... law judge. 404.952 Section 404.952 Employees' Benefits SOCIAL SECURITY ADMINISTRATION FEDERAL OLD-AGE... Determinations and Decisions Administrative Law Judge Hearing Procedures § 404.952 Consolidated hearing before an...

  9. High School Food Courts: A New Evolution in Student Dining.

    Science.gov (United States)

    Beach, George

    2000-01-01

    Discusses how traditional high school cafeterias have changed in recent years into food courts and dining areas usually found in shopping malls. Areas examined include food court design, traffic patterns, safety and after-hours usage, and kitchens and serving areas. How one school district turned its food court system into a successful…

  10. 77 FR 48608 - Reports, Forms, and Record Keeping Requirements

    Science.gov (United States)

    2012-08-14

    ... deaths, injuries, and economic losses resulting from motor vehicle crashes on the Nation's highways. As... involved in the running of DWI Courts and Hybrid DWI/Drug Courts. These primarily will be Judges and Court...

  11. Judicial Review--How Judges Decide.

    Science.gov (United States)

    Update on Law-Related Education, 1990

    1990-01-01

    Presents a role play that involves students in applying the U.S. Constitution to a case in which a school is accused of violating civil rights. Gives the facts and the issues of the case, as well as precedents of Supreme Court decisions. Encourages the students to make decisions based on legal principles. (NL)

  12. The relationship between administrative court control and legislative control

    International Nuclear Information System (INIS)

    Beckmann, M.

    1986-01-01

    The legislator can determine the extent of control of administrative courts by reduction of substantive conditions. The author has the opinion that the judicial control cannot be stricter than the legislative control. For the range of the control of administrative courts is decisive, to what extent the legislator is forced to proper legislative settlements. In this context the author discusses the Kalkar-decision of the Federal Constitutional Court of 1978. (CW) [de

  13. End-of-life issues as perceived by Lebanese judges.

    Science.gov (United States)

    Adib, Salim M; Kawas, Sami H; Hajjar, Theresa A

    2003-05-01

    to assess the attitudes of judges in Beirut, Lebanon, regarding end-of-life issues such as assisted suicide and withholding or withdrawing life-sustaining treatment. 85% of all currently acting and in-training judges and public prosecutors in Beirut (N=135) were surveyed using a mailed questionnaire that assessed attitudes toward intervention in five hypothetical cases. The associations of attitudes, on a scale from least to most 'sympathetic' toward assisting those who desire to end their lives, were measured by a variety of personal, social and professional variables. younger individuals, and those who have not yet been formally appointed as judges, were significantly more sympathetic to withdrawal or withholding of life-sustaining devices when patients or their proxies requested it, and more in support of assisted suicide. Gender, religious denomination, religious practice, and personal experience with prolonged illness leading to death among close friends or family, were generally not significant predictors of respondents' attitudes. Years of experience as a judge correlated strongly with age and may have contributed to its predictive effect. a relatively more sympathetic attitude among younger judges, many of them women, and among trainees, may reflect a historical evolution in younger age-groups in Lebanon today. A survey of opinions in the public may help reach a more conclusive understanding in this regard. In any case, judges in Lebanon will remain important partners in the debate, as they will continue to be the final interpreters of the letter of the law in end-of-life issues.

  14. The Impact of an Indiana (United States Drug Court on Criminal Recidivism

    Directory of Open Access Journals (Sweden)

    John R. Gallagher

    2014-07-01

    Full Text Available This study evaluated a drug court located in a metropolitan area of Indiana (United States, focusing specifically on identifying variables that predicted recidivism among drug court participants and comparing criminal recidivism patterns among drug court and probation participants. Drug court participants were most likely to recidivate if they were younger, had a violation within the first 30 days of the program, had a previous criminal record, and were terminated unsuccessfully from the program. Furthermore, drug court participants were less likely to recidivate than probationers who had similar offense and demographic characteristics. Implications for drug court practice, policy advocacy, and future research are discussed.

  15. 新智慧財產權法刑事審判實務之解析 Analysis of criminal cases regarding the new

    Directory of Open Access Journals (Sweden)

    鄧振球 Cheng-Chiou Teng

    2005-11-01

    Full Text Available IPR laws are supervised by the Ministry of Economic Affairs as part of the laws of economics. The Intellectual Property Office of the Ministry takes the responsibility to amend the laws when necessary but usually without the participation of judges. Even so the courts handle the criminal cases when people are accused of crime involving IPR infringement. Because judges lack information regarding the original intent of the legislation, judges have difficulties to find an exact application of the new laws. Furthermore, with the impact of the recent amendment of criminal procedure code judges not only have to adapt to new structures of the IPR rights but also to comply with the new procedure regulations to make sure that the bench has an exact way to question the parties, define the issues of law and facts, and choose the appropriate experts to help the court make a decision. Based on the recent amendments both of trademark law and copyright law and his trial experiences, this article written by an IPR court judge of the Taiwan High Court analyzes some issues from a practical perspective and from the legislature side and tries to give his own opinions in order to benefit the bench and lawyers when facing the problems of IPR criminal cases.

  16. Pengecualian terhadap Penerapan Asas Ultra Petitum Partium dalam Beracara di Pengadilan Agama

    Directory of Open Access Journals (Sweden)

    Mrs. Hartini

    2012-02-01

    Full Text Available A judge must examine and adjudicate all charges thoroughly on the lawsuit brought to the court. The judge should not only examine and adjudicate part of the charge and disregard the rest. On the other hand, judge in his/her adjudication is prohibited to accede above the suit brought by the parties. This prohibition is called ultra petitum partium. A judge who accedes in excess of the suit partium is considered to be exceeding his/her authority. In Religious Court proceedings, the implementation of ultra petitum partium principle is an exception in several types of cases. In the procedure of divorce (cerai talak, a judge may grant something not demanded by wife either in the petition of divorce or in the reconvention by charging certain obligations upon the husband, which is the wife’s right as the consequence of the separation. In the procedure of divorce, judge may order a preliminary injunction even if such injunction is not demanded. The argument that justifies the judge’s action is the Marriage Act and the procedural law in the Act on Religious Court is a lex specialis stipulation, judge as judge made law must dig into the values of life, and the judge may execute contra legem action if the stipulation in an article considered to be in contradiction with justice and benefit.

  17. Nuclear weapons and the World Court ruling

    International Nuclear Information System (INIS)

    Singh, J.

    1998-01-01

    based on the initiatives by non-governmental organizations, the World Health Organisation (WHO) Assembly asked the International Court of Justice for an advisory opinion in 1993 whether, considering the environmental and health consequences, the use of nuclear weapons by a state in war or other armed conflict would be a breach of its obligations under international law. The World Court decided that it was not able to give an advisory opinion as requested, because of the fact that questions of use of force and such like were beyond the scope of specialized agencies like the WHO. The Court has ruled that the international community, especially the five nuclear weapon states have not only an obligation to negotiate a treaty for total nuclear disarmament, but also have an obligation to conclude such treaty. We may expect that the nuclear weapon states will cynically disregard the ruling of the World Court as they have been doing to the basic obligation itself in pursuit of nuclear hegemony. But the remaining 150 countries or so also bear a responsibility to keep nudging the recalcitrant states into implementing their commitments to disarm

  18. Court Interpreting in Denmark - the role of court interpreters in Danish courtrooms

    DEFF Research Database (Denmark)

    Jacobsen, Bente

    1999-01-01

    Court interpreters in Denmark are expected to follow the guidelines laid down in the document Instructions for Interpreters, which was published in 1994, and which deals with four principal areas: accuracy and completeness, impartiality, confidentiality and conflict of interest. This paper contends...

  19. Establishing an effective dialog between courts and agencies

    NARCIS (Netherlands)

    Humphery-Jenner, Mark L.

    2013-01-01

    This thesis examines the relationship between courts, administrators, and legislators. The goal is to improve the operation of judicial review in the United States and provide suggestions on how to enhance emerging doctrines of judicial review in the EU. The thesis focuses on how courts, agencies,

  20. 16 CFR 1502.44 - Review by the courts.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 2 2010-01-01 2010-01-01 false Review by the courts. 1502.44 Section 1502.44 Commercial Practices CONSUMER PRODUCT SAFETY COMMISSION FEDERAL HAZARDOUS SUBSTANCES ACT REGULATIONS PROCEDURES FOR FORMAL EVIDENTIARY PUBLIC HEARING Judicial Review § 1502.44 Review by the courts...

  1. The reasonable woman standard: effects on sexual harassment court decisions.

    Science.gov (United States)

    Perry, Elissa L; Kulik, Carol T; Bourhis, Anne C

    2004-02-01

    Some federal courts have used a reasonable woman standard rather than the traditional reasonable man or reasonable person standard to determine whether hostile environment sexual harassment has occurred. The current research examined the impact of the reasonable woman standard on federal district court decisions, controlling for other factors found to affect sexual harassment court decisions. Results indicated that there was a weak relationship between whether a case followed a reasonable woman precedent-setting case and the likelihood that the court decision favored the plaintiff. The implications of our findings for individuals and organizations involved in sexual harassment claims are discussed.

  2. Effects of Admission and Treatment Strategies of DWI Courts on Offender Outcomes

    Science.gov (United States)

    Sloan, Frank A.; Chepke, Lindsey M.; Davis, Dontrell V.; Acquah, Kofi; Zold-Kilbourne, Phyllis

    2013-01-01

    Purpose The purpose of this study is to classify DWI courts on the basis of the mix of difficult cases participating in the court (casemix severity) and the amount of involvement between the court and participant (service intensity). Using our classification typology, we assess how casemix severity and service intensity are associated with program outcomes. We expected that holding other factors constant, greater service intensity would improve program outcomes while a relatively severe casemix would result in worse program outcomes. Methods The study used data from 8 DWI courts, 7 from Michigan and 1 from North Carolina. Using a 2-way classification system based on court casemix severity and program intensity, we selected participants in 1 of the courts, and alternatively 2 courts as reference groups. Reference group courts had relatively severe casemixes and high service intensity. We used propensity score matching to match participants in the other courts to participants in the reference group court programs. Program outcome measures were the probabilities of participants’: failing to complete the court’s program; increasing educational attainment; participants improving employment from time of program enrollment; and re-arrest. Results For most outcomes, our main finding was that higher service intensity is associated with better outcomes for court participants, as anticipated, but a court’s casemix severity was unrelated to study outcomes. Conclusions Our results imply that devoting more resources to increasing duration of treatment is productive in terms of better outcomes, irrespective of the mix of participants in the court’s program PMID:23416679

  3. The case for establishing a board of review for resolving environmental issues: The science court in Canada.

    Science.gov (United States)

    Giesy, John P; Solomon, Keith R; Kacew, Sam; Mackay, Donald; Stobo, Gerald; Kennedy, Steven

    2016-07-01

    Technology and scientific advancements are accelerating changes in society at a pace that is challenging the abilities of government regulatory agencies and legal courts to understand the benefits and costs of these changes to humans, wildlife, and their environments. The social, economic, and political facets of concern, such as the potential effects of chemicals, complicate the preparation of regulatory standards and practices intended to safeguard the public. Court judges and attorneys and, in some cases, lay juries are tasked with interpreting the data and implications underlying these new advancements, often without the technical background necessary to understand complex subjects and subsequently make informed decisions. Here, we describe the scientific-quasi-judicial process adopted in Canada under the Canadian Environmental Protection Act, 1999, which could serve as a model for resolving conflicts between regulatory agencies and the regulated community. An example and process and lessons learned from the first Board of Review, which was for decamethylcyclopentasiloxane (D5; CAS# 541-02-06), are provided. Notable among these lessons are: 1) the need to apply state-of-the-science insights into the regulatory process, 2) to encourage agencies to continuously review and update their assessment processes, criteria, and models, and 3) provide these processes in guidance documents that are transparent and available to all stakeholders and generally foster closer cooperation between regulators, the academic community, industry, and nongovernment organizations (NGOs). Integr Environ Assess Manag 2016;12:572-579. © 2015 SETAC. © 2015 SETAC.

  4. 25 CFR 11.905 - Jurisdiction.

    Science.gov (United States)

    2010-04-01

    ... INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.905 Jurisdiction. The children's court has exclusive, original jurisdiction of the... established is alleged to be a juvenile offender, unless the children's court transfers jurisdiction to the...

  5. Applying the Case Management CourTools: Finding from an Urban Trial Court

    Directory of Open Access Journals (Sweden)

    Collins E. Ijoma

    2012-06-01

    Full Text Available The National Center for State Courts (NCSC recently promulgated 10 trial court performance measures, referred to as CourTools. Measures 2, 3, 4, and 5 provide a methodology by which court managers can examine their management and processing of cases. The measures include clearance rate (measure 2, time to disposition (measure 3, age of active pending caseload (measure 4, and trial date certainty (measure 5. The objective of this research was threefold. The first aim was to assess the viability of using the case management measures to examine case processing trends in a New Jersey (NJ urban trial court. Each measure was reviewed to determine the tool’s applicability to the criminal division of the court. The second objective (pursued as a parallel to the first was to present the findings in the same context as the CourTools’ framework to determine its practicality. The final goal was to serve as a platform for other courts on the national and international level that do not yet use performance measures. These courts, diverse as they are, may use the methodologies and findings of this case study as a reference and guide to develop their own program to measure the court’s productivity and efficiency. To that end, this case study sought to answer the following questions in determining the applicability of the CourTools to the selected court and by extension, its potential for more universal application to other court systems. First, what is the relevance of measurements to the courts and why is it important, if at all? Second, what are the CourTools? Third, can the measurement model be applied to an actual court and if so, how is it executed and illustrated in practice? Finally, what are the implications of the findings for the court in question, as well as, other courts that seek to incorporate the CourTools to measure performance?

  6. 13 CFR 134.404 - Decision by Administrative Law Judge.

    Science.gov (United States)

    2010-01-01

    ... 13 Business Credit and Assistance 1 2010-01-01 2010-01-01 false Decision by Administrative Law Judge. 134.404 Section 134.404 Business Credit and Assistance SMALL BUSINESS ADMINISTRATION RULES OF... 8(a) Program § 134.404 Decision by Administrative Law Judge. Appeal proceedings brought under this...

  7. Judging children's participatory parity from social justice and the ...

    African Journals Online (AJOL)

    This article proposes a model for judging children's participatory parity in different social spaces. The notion of participatory parity originates in Nancy Fraser's normative theory for social justice, where it concerns the participatory status of adults. What, then, constitutes participatory parity for children? How should we judge ...

  8. 8 CFR 1003.23 - Reopening or reconsideration before the Immigration Court.

    Science.gov (United States)

    2010-01-01

    ... Immigration Court. 1003.23 Section 1003.23 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.23 Reopening or reconsideration before the Immigration Court. (a) Pre-decision motions...

  9. 8 CFR 1003.46 - Protective orders, sealed submissions in Immigration Courts.

    Science.gov (United States)

    2010-01-01

    ... Immigration Courts. 1003.46 Section 1003.46 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.46 Protective orders, sealed submissions in Immigration Courts. (a) Authority. In any...

  10. Juvenile angiofibromer

    DEFF Research Database (Denmark)

    Thuesen, Anne Daugaard; Jakobsen, John; Nepper-Rasmussen, Jørgen

    2005-01-01

    Juvenile angiofibroma is a rare, benign, rich vascular tumor, and approximately one new case is diagnosed in Denmark each year. It sits in the foramen sphenopalatinum and occurs in boys from 14 to 25 years of age. The most frequent initial symptoms are nasal obstruction and epistaxis. Through...... the years, the treatment of juvenile angiofibroma has included many methods, including surgical excision, electrocoagulation, interstitial or external radiation therapy, cryosurgery, hormone administration and chemotherapy. Radiation, chemotherapy and surgery have proven to be the most effective treatments...

  11. 22 CFR 19.6-2 - Qualifying court order.

    Science.gov (United States)

    2010-04-01

    ... principal's Foreign Service retirement benefit or survivor benefit. If a court directs or implies that a... Foreign Relations DEPARTMENT OF STATE PERSONNEL BENEFITS FOR SPOUSES AND FORMER SPOUSES OF PARTICIPANTS IN... the Secretary of State. A qualifying court order must— (1) Be consistent with the terms of the Act and...

  12. Supreme Court Review

    Science.gov (United States)

    Williams, Charles F.

    2009-01-01

    By the end of the 2008-2009 term, Justice David Souter's decision to return to New Hampshire and President Obama's nomination of Sonia Sotomayor to replace him on the bench had taken over the Supreme Court news cycle. In the end, the consensus has been that, with the possible exception of criminal justice issues, swapping out Souter for Sotomayor…

  13. Superior Administrative Court Baden-Wuerttemberg. Judgement of March 30, 1982 (Wyhl)

    International Nuclear Information System (INIS)

    Anon.

    1983-01-01

    Presentation and discussion of the leading statements of the decision delivered by the Mannheim Superior Administrative Court on March 30, 1982 concerning the Wyhl nuclear power plant, unit 1. With this decision, covering 548 pages, the Superior Administrative Court changed the decision of the Freiburg Administrative Court of the year 1977 and finally dismissed the action for annulment of the construction licence. The Superior Administrative Court acted upon the appeal brought in by the Land and the plant operator, Kernkraftwerksgesellschaft. (CB) [de

  14. Revisiting the Decision of Death in Hurst v. Florida.

    Science.gov (United States)

    Cooke, Brian K; Ginory, Almari; Zedalis, Jennifer

    2016-12-01

    The United States Supreme Court has considered the question of whether a judge or a jury must make the findings necessary to support imposition of the death penalty in several notable cases, including Spaziano v. Florida (1984), Hildwin v. Florida (1989), and Ring v. Arizona (2002). In 2016, the U.S. Supreme Court revisited the subject in Hurst v. Florida Florida Statute § 921.141 allows the judge, after weighing aggravating and mitigating circumstances, to enter a sentence of life imprisonment or death. Before Hurst, Florida's bifurcated sentencing proceedings included an advisory sentence from jurors and a separate judicial hearing without juror involvement. In Hurst, the Court revisited the question of whether Florida's capital sentencing scheme violates the Sixth Amendment, which requires a jury, not a judge, to find each fact necessary to impose a sentence of death in light of Ring In an eight-to-one decision, the Court reversed the judgment of the Florida Supreme Court, holding that the Sixth Amendment requires a jury to find the aggravating factors necessary for imposing the death penalty. The role of Florida juries in capital sentencing proceedings was thereby elevated from advisory to determinative. We examine the Court's decision and offer commentary regarding this shift from judge to jury in the final imposition of the death penalty and the overall effect of this landmark case. © 2016 American Academy of Psychiatry and the Law.

  15. Balancing autonomy and protection: A qualitative analysis of court hearings dealing with protective measures.

    Science.gov (United States)

    Fallon-Kund, Marie; Coenen, Michaela; Bickenbach, Jerome E

    Respect for individual autonomy is at the core of the Convention on the Rights of Persons with Disabilities (CRPD). However, the need to protect persons with disabilities, especially those with cognitive impairments and psychosocial conditions, from outright exploitation, violence and abuse is explicitly provided for in article 16. Legal authorities still decide on a daily basis upon the institution of measures, which aim to protect vulnerable persons and unavoidably impact on the autonomy of persons concerned, known as guardianship, curatorship or administration. Observations of court hearings, interviews with judges and analysis of written materials from the cantons of Geneva and Vaud in Switzerland as well as from Belgium - which all have differently composed authorities - were carried out in order to identify what influences authorities in decision-making processes regarding protective measures, and to explore how autonomy and protection can be balanced. We suggest pragmatic considerations that should not be ignored when trying to reach a balance between autonomy and protection from abuse, in line with the CRPD. Copyright © 2017 Elsevier Ltd. All rights reserved.

  16. Parenting and juvenile delinquency

    NARCIS (Netherlands)

    Hoeve, M.

    2008-01-01

    Juvenile delinquency is a noteworthy problem. This thesis addressed the association between parenting and juvenile delinquency by analyzing the concepts of parenting adopted in family research in relation to criminological concepts and measures of delinquent behavior. Four studies were conducted.

  17. Mental health courts and their selection processes: modeling variation for consistency.

    Science.gov (United States)

    Wolff, Nancy; Fabrikant, Nicole; Belenko, Steven

    2011-10-01

    Admission into mental health courts is based on a complicated and often variable decision-making process that involves multiple parties representing different expertise and interests. To the extent that eligibility criteria of mental health courts are more suggestive than deterministic, selection bias can be expected. Very little research has focused on the selection processes underpinning problem-solving courts even though such processes may dominate the performance of these interventions. This article describes a qualitative study designed to deconstruct the selection and admission processes of mental health courts. In this article, we describe a multi-stage, complex process for screening and admitting clients into mental health courts. The selection filtering model that is described has three eligibility screening stages: initial, assessment, and evaluation. The results of this study suggest that clients selected by mental health courts are shaped by the formal and informal selection criteria, as well as by the local treatment system.

  18. Inter-Judge Agreement in Classifying Students as Learning Disabled.

    Science.gov (United States)

    Epps, Susan; And Others

    Eighteen judges with backgrounds in assessment, decision making, and learning disabilities were asked to use an array of information to differentiate learning disabled (LD) and non-learning disabled students. Each judge was provided with forms containing information on 42 test or subtest scores of 50 school-identified LD students and 49 non-LD…

  19. The International Criminal Court at the crossroads

    Directory of Open Access Journals (Sweden)

    Abdelwahab Biad

    2010-05-01

    Full Text Available Since the adoption of the Statute of Rome in July 1998, the ICC has been confronted by a number of problems. One such problem is the disagreement which persists among the members of the Assembly of Member States as to whether the crime of Aggression is one over which the Court has competence pursuant to Article 5 of the Statute. Another diffi culty is the opposition of the United States of America which, since the Bush Administration, has deployed a juridical arsenal with the aim of impeding any type of collaboration with the ICC; the tools in the arsenal include the American Service Members’ Protection Act and bilateral immunity agreements which prevent the transfer of American citizens to the Court by State members of the Rome Statute. The entry into force of the of the Statute on 1 July 2002 allowed the Court Prosecutor to initiate the fi rst investigations and processes for war crimes and crimes against humanity committed in the confl icts which have devastated certain African States (D.R.C., The Central African Republic and Uganda. The arrest warrant against the Sudanese President Omar Al Bashir for atrocities committed in Darfur demonstrates the limitations of action on the Court which cannot carry out its mandate without the cooperation of the States. Above all, the Court must confront the criticism of “double standards” and that it is an instrument of “justice for the poor”, while the “powerful” escape. The answers to these problems can be contributed to, in part, through the revision process foreseen by the Statute nine years after its entry into force.

  20. Key features of hip hop dance motions affect evaluation by judges.

    Science.gov (United States)

    Sato, Nahoko; Nunome, Hiroyuki; Ikegami, Yasuo

    2014-06-01

    The evaluation of hip hop dancers presently lacks clearly defined criteria and is often dependent on the subjective impressions of judges. Our study objective was to extract hidden motion characteristics that could potentially distinguish the skill levels of hip hop dancers and to examine the relationship between performance kinematics and judging scores. Eleven expert, six nonexpert, and nine novice dancers participated in the study, where each performed the "wave" motion as an experimental task. The movements of their upper extremities were captured by a motion capture system, and several kinematic parameters including the propagation velocity of the wave were calculated. Twelve judges evaluated the performances of the dancers, and we compared the kinematic parameters of the three groups and examined the relationship between the judging scores and the kinematic parameters. We found the coefficient of variation of the propagation velocity to be significantly different among the groups (P < .01) and highly correlated with the judging scores (r = -0.800, P < .01). This revealed that the variation of propagation velocity was the most dominant variable representing the skill level of the dancers and that the smooth propagation of the wave was most closely related to the evaluation by judges.

  1. 2010 Administrative Law Judge Initial Decisions

    Data.gov (United States)

    Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2010 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

  2. 2009 Administrative Law Judge Initial Decisions

    Data.gov (United States)

    Securities and Exchange Commission — The initial decisions issued by administrative law judges in 2009 that contains findings of fact, legal conclusions, and an order that often contains a sanction....

  3. ProofJudge: Automated Proof Judging Tool for Learning Mathematical Logic

    DEFF Research Database (Denmark)

    Villadsen, Jørgen

    2015-01-01

    Today we have software in many artefacts, from medical devices to cars and airplanes, and the software must not only be efficient and intelligent but also reliable and secure. Tests can show the presence of bugs but cannot guarantee their absence. A machine-checked proof using mathematical logic...... pen and paper because no adequate tool was available. The learning problem is how to make abstract concepts of logic as concrete as possible. ProofJudge is a computer system and teaching approach for teaching mathematical logic and automated reasoning which augments the e-learning tool NaDeA (Natural...

  4. ProofJudge: Automated Proof Judging Tool for Learning Mathematical Logic

    DEFF Research Database (Denmark)

    Villadsen, Jørgen

    2016-01-01

    Today we have software in many artefacts, from medical devices to cars and airplanes, and the software must not only be efficient and intelligent but also reliable and secure. Tests can show the presence of bugs but cannot guarantee their absence. A machine-checked proof using mathematical logic...... using pen and paper because no adequate tool was available. The learning problem is how to make abstract concepts of logic as concrete as possible. ProofJudge is a computer system and teaching approach for teaching mathematical logic and automated reasoning which augments the e-learning tool Na...

  5. Juvenile delinquency and correctional treatment in Britain

    OpenAIRE

    堀尾, 良弘; ホリオ, ヨシヒロ; Yoshihiro, Horio

    2006-01-01

    Japanese modernistic culture is influenced not a little from Britain. In looking at the Juvenile Law and the history of correctional treatment in Britain, understanding of today's juvenile delinquency and treatment deepen. Moreover, the background and issue of juvenile delinquency in Britain are also discussed. As a feature of the juvenile delinquency in Britain, the common field with Japan and the field peculiar to Britain became clear in each. It is common to the world that the juvenile del...

  6. [Guideline to prevent claims due to medical malpractice, on how to act when they do occur and how to defend oneself through the courts].

    Science.gov (United States)

    Bruguera, M; Arimany, J; Bruguera, R; Barberia, E; Ferrer, F; Sala, J; Pujol Robinat, A; Medallo Muñiz, J

    2012-04-01

    Claims due to presumed medical malpractice are increasing in all developed countries and many of them have no basis. To prevent legal complaints, the physicians should know the reasons why complaints are made by their patients and adopt the adequate preventive measures. In the case of a complaint, it is essential to follow the guidelines that allow for adequate legal defense and the action of the physician before the judge that inspires confidence and credibility. The risk of the claims can be reduced with adequate information to the patient, the following of the clinical guidelines, control of the risk factors and adoption of verification lists in each invasive procedure. In case of complication or serious adverse effect, explanations should be given to the patient and family and it should be reported to the facility where one works and to the insurance company. If the physician received a claim, he/she should report it to the insurance compare so that it can name a lawyer responsible for the legal defense who will advise the physician regarding the appearance in court before the judge. Copyright © 2011 Elsevier España, S.L. All rights reserved.

  7. Juvenile prison in parallel legislation

    Directory of Open Access Journals (Sweden)

    Lutovac Mitar

    2016-01-01

    Full Text Available The need for punishment of juveniles occurred from the time when there was no clear line separating them from the adult criminal population. At the same time, the evolution of the juvenile punishment is not in itself involve substantial changes to their criminal status. On the contrary, the status of minors in society did not show serious differences regarding the status of young adults, as well as the adult elderly. On the other hand, on the ground of their punishment is recorded deviations that go in the direction of application of mild corporal punishment. Closing the minor was performed in a physically separate parts of the general penal institutions with the use of a lower degree of restrictions while serving juvenile prison. Due to the different treatment of minors during the evolution of their criminal status leads to their different treatment in comparative law. That is why we are witnessing the existence of numerous differences in the juvenile punishment in some countries in the world. On the European continent there is a wide range of different legal solutions when it comes to punishing juveniles. There are considerable differences in the procedure pronouncing juvenile prison and in particular penal treatment of juveniles in penitentiary institutions. For these reasons, the author has decided to show the basic statutory provisions in the part that relates to the issue of punishment of minors in the legislation of individual countries.

  8. Employers liability to the international criminal court

    Directory of Open Access Journals (Sweden)

    Yenifer Yiseth Suárez Díaz

    2014-01-01

    Full Text Available The constant changes in the social dynamics due to economic and technological development has brought along the need to dispose of a High Court, with competence over International Crimes. The above was the reason to establish the International Criminal Court, destined to prosecute and punish the maximum responsible for crimes of its jurisdiction. Nonetheless, despite the existence of individual criminal responsibility as an accomplice in the case of entrepreneurs who contribute to the crime, there is not an actual investigation or conviction as such in the Court fase for those individuals. Through a criminological study, the actions in the frame of the criminal policy in international law, in order to hold individual criminal responsibility towards entrepreneurs for international crimes, will be evaluated, from the dogmatic categories established in the international guidelines as well as from international doctrine.

  9. 43 CFR 30.243 - How will the judge decide my petition for reopening?

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false How will the judge decide my petition for... the judge decide my petition for reopening? (a) If the judge finds that proper grounds are not shown, the judge will issue an order denying the petition for reopening and giving the reasons for the denial...

  10. Optical, gravitational, and kinesthetic determinants of judged eye level

    Science.gov (United States)

    Stoper, Arnold E.; Cohen, Malcolm M.

    1989-01-01

    Subjects judged eye level, defined in three distinct ways relative to three distinct reference planes: a gravitational horizontal, giving the gravitationally referenced eye level (GREL); a visible surface, giving the surface-referenced eye level (SREL); and a plane fixed with respect to the head, giving the head-referenced eye level (HREL). The information available for these judgements was varied by having the subjects view an illuminated target that could be placed in a box which: (1) was pitched at various angles, (2) was illuminated or kept in darkness, (3) was moved to different positions along the subject's head-to-foot body axis, and (4) was viewed with the subjects upright or reclining. The results showed: (1) judgements of GREL made in the dark were 2.5 deg lower than in the light, with a significantly greater variability; (2) judged GREL was shifted approximately half of the way toward SREL when these two eye levels did not coincide; (3) judged SREL was shifted about 12 percent of the way toward HREL when these two eye levels did not coincide, (4) judged HREL was shifted about half way toward SREL when these two eye level did not coincide and when the subject was upright (when the subject was reclining, HREL was shifted approx. 90 percent toward SREL); (5) the variability of the judged HREL in the dark was nearly twice as great with the subject reclining than with the subject upright. These results indicate that gravity is an important source of information for judgement of eye level. In the absence of information concerning the direction of gravity, the ability to judge HREL is extremely poor. A visible environment does not seem to afford precise information as to judgements of direction, but it probably does afford significant information as to the stability of these judgements.

  11. HIV/STI Risk Behavior of Drug Court Participants

    Science.gov (United States)

    Robertson, Angela A.; St. Lawrence, Janet S.; McCluskey, D. Lee

    2012-01-01

    Drug abusing offenders have high rates of HIV and other sexually transmitted infections (STI). To date, the HIV/STI prevention needs of offenders in drug court programs have been ignored. This multi-method study employed interviews to assess drug court professionals' perceptions of the need for an HIV risk reduction intervention to be integrated…

  12. 9 CFR 205.211 - Applicability of court decisions under the UCC.

    Science.gov (United States)

    2010-01-01

    ... OF FARM PRODUCTS Interpretive Opinions § 205.211 Applicability of court decisions under the UCC. (a) Court decisions under the Uniform Commercial Code (UCC), about the scope of the “farm products... 9 Animals and Animal Products 2 2010-01-01 2010-01-01 false Applicability of court decisions under...

  13. Sources of International Courts' Legitimacy: A comparative study

    DEFF Research Database (Denmark)

    Godzimirska, Zuzanna; Creamer, Cosette

    Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine the reas......Despite ample scholarship on the legitimacy of international legal institutions, existing studies on international courts (ICs) tend to adopt normative or deductive approaches to specify their legitimacy and assess its effects. Very few adopt empirical or inductive approaches and examine...... of supply-side factors— the features, roles and practices of a court—in assessing its legitimacy, we argue that demand-side factors—namely the characteristics of the evaluating state—also largely determine the sources of an IC’s legitimacy. To support and illustrate this argument, we examine statements...... of members on the operation of three ICs with different institutional designs and roles: the International Court of Justice, the International Criminal Court, and the Appellate Body of the World Trade Organization. We employ supervised learning methods of text classification to identify statements...

  14. EPA Administrative Law Judge Legal Documents

    Data.gov (United States)

    U.S. Environmental Protection Agency — This dataset contains Decisions and Orders originating from EPAs Office of Administrative Law Judges (OALJ), which is an independent office in the Office of the...

  15. Legal positions of the Constitutional Court of Ukraine: main signs and definition

    Directory of Open Access Journals (Sweden)

    Romana Reva

    2016-04-01

    Full Text Available The practice of a single body of constitutional jurisdiction indicates on the necessity of a certain number of amendments to the current Law of Ukraine “On the Constitutional Court of Ukraine”. It is impossible to achieve the quality regulation of these issues without a thorough scientific analysis of basic features of the legal positions of the Constitutional Court of Ukraine. The purpose of the article is to analyze the legal positions of the Constitutional Court of Ukraine and scientific views on their signs, to identify and describe the main features of the legal positions of the Constitutional Court of Ukraine. There are the conclusions made that an important step in any legal position research is the establishment of the legal nature. The article discusses different scientific views on the basic features of the legal positions of the Constitutional Court of Ukraine. On the basis of the analysis of acts of the Constitutional Court of Ukraine and scientific works, there are defined, in particular, the following main features of the legal positions of the Constitutional Court of Ukraine: they are the result of interpretation and represent the most generalized, concentrated expression of the Constitutional Court of Ukraine understanding of the provisions of the Constitution of Ukraine, laws and/ or other regulations, which are carried out within the jurisdiction of the Constitutional Court of Ukraine; they are the basis for the final decision, which is set in the act of the Constitutional Court of Ukraine; they appear in the reasoning and/ or the operative parts of the decisions and conclusions and some rulings; they have a special legal force; they are obligatory, that are binding throughout the territory of Ukraine for all public authorities, local governments, enterprises, institutions and organizations, officials, citizens and their associations; suitable for further repeated use in solving similar cases; as opposed to the decisions of

  16. 49 CFR 821.16 - Interlocutory appeals from law judges' rulings on motions.

    Science.gov (United States)

    2010-10-01

    ... Appealable Orders § 821.16 Interlocutory appeals from law judges' rulings on motions. Rulings of law judges... 49 Transportation 7 2010-10-01 2010-10-01 false Interlocutory appeals from law judges' rulings on motions. 821.16 Section 821.16 Transportation Other Regulations Relating to Transportation (Continued...

  17. The Modernization of the Audit Courts of Brazil: PROMOEX deployment assessment in Audit Courts subnational

    Directory of Open Access Journals (Sweden)

    Diones Gomes da Rocha

    2017-09-01

    Full Text Available Mainly since the Brazilian Federal Constitution of 1988, the Brazilian Courts of Accounts (TC had expanded its expertise to carry out the control of management of public entities on different perspectives, such as operational, accounting, budgetary and financial. The differences between these institutions in terms of economic, technological and human resources were factors that made it difficult to adapt these institutions to the new acquired competences. The Promoex then emerged as a solution for modernization of Brazilian subnational Courts of Accounts. Such solution had funds of US $ 64.4 million dollars. The purpose of this research, therefore, is to assess the implementation of this program by 33 TCs. The evaluation was conducted from documents collected from web pages of MPOG, ATRICON, IRB and the Portal of Brazil Courts of Accounts. The Loan Agreement 1628-OC / BR, Object Compliance Report, Progress Reports of the 1st and 2nd semesters of 2013 (final report, and surveys conducted by the FIA and FGV also were scrutinized. The results indicate that the Promoex was less than expected; the modernization proposals were more focused on solving administrative problems, as well as by the low impact of Promoex over the actions developed by the TCs.

  18. The Europeanization of National Judiciaries

    DEFF Research Database (Denmark)

    Jaremba, Urszula; Mayoral, Juan A.

    2018-01-01

    judiciaries is still somewhat scattered and fragmented. The central ambition of this article is to provide a theoretical framework that would contribute to the understanding of Europeanization of judiciaries by: 1) offering a definition and theoretical developments useful for the study Europeanization and its......The article is underpinned by the idea that the national courts/judges are expected to act as decentralized European Union judges. However, the general knowledge concerning the impact of EU law on the functioning of national courts as EU judges and the process of Europeanization of national...

  19. Case note: CJEU (C-281/12: Case Trento Sviluppo and Centrale Adriatica: Distortion of consumers' economic behavior as a prerequisite of a misleading commercial practice)

    NARCIS (Netherlands)

    Luzak, J.

    2014-01-01

    In the annotated judgment, the Court of justice has given some useful clarification regarding the application of the Unfair Commercial Practices Directive by national judges. The Court has indeed affirmed which test national courts should use when assessing misleading commercial practices.

  20. IsTeen Court effective for repeat offenders? A test of the restorative justice approach.

    Science.gov (United States)

    Forgays, Deborah Kirby; DeMilio, Lisa

    2005-02-01

    Teen Courts are an effective judicial alternative for many youth offenders. The majority of youth courts deal solely with first-time offenders. However, repeat offenders are at a greater risk for future crime. Is Teen Court effective with more experienced offenders? In this study, the authors examine the outcomes of 26 Whatcom County Teen Court offenders with at least one prior conviction. The sentence completion rate was higher and the recidivism was lower for the Teen Court offenders when compared with a sample of first-time Court Diversion offenders. This objective evidence of program success is augmented by an offender's perspective on his or her court experience. These perspectives as well as the continued voluntary involvement with Teen Court are discussed in relation to empowerment theory.

  1. Punishing Genocide: A Comparative Empirical Analysis of Sentencing Laws and Practices at the International Criminal Tribunal for Rwanda (ICTR, Rwandan Domestic Courts, and Gacaca Courts

    Directory of Open Access Journals (Sweden)

    Barbora Hola

    2016-12-01

    Full Text Available This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time in prison to death sentences. We likewise find that sentencing at the domestic courts appears to have been comparatively more serious than sentencing at the ICTR and at the Gacaca courts, which calls into question consistency of sentences across levels of justice and should be explored in future research.

  2. Bilateral, independent juvenile nasopharyngeal angiofibroma

    DEFF Research Database (Denmark)

    Mørkenborg, Marie-Louise; Frendø, M; Stavngaard, T

    2015-01-01

    BACKGROUND: Juvenile nasopharyngeal angiofibroma is a benign, vascular tumour that primarily occurs in adolescent males. Despite its benign nature, aggressive growth patterns can cause potential life-threatening complications. Juvenile nasopharyngeal angiofibroma is normally unilateral, originating...... from the sphenopalatine artery, but bilateral symptoms can occur if a large tumour extends to the contralateral side of the nasopharynx. This paper presents the first reported case of true bilateral extensive juvenile nasopharyngeal angiofibroma involving clinically challenging pre-surgical planning...... embolisation. Radical removal performed as one-step, computer-assisted functional endoscopic sinus surgery was performed. The follow-up period was uncomplicated. CONCLUSION: This case illustrates the importance of suspecting bilateral juvenile nasopharyngeal angiofibroma in patients presenting with bilateral...

  3. Criminal Profiles of Violent Juvenile Sex and Violent Juvenile Non-Sex Offenders: An Explorative Longitudinal Study

    Science.gov (United States)

    van Wijk, Anton Ph.; Mali, Bas R. F.; Bullens, Ruud A. R.; Vermeiren, Robert R.

    2007-01-01

    Few studies have longitudinally investigated the criminal profiles of violent juvenile sex and violent juvenile non-sex offenders. To make up for this lack, this study used police records of juveniles to determine the nature of the criminal profiles of violent sex offenders (n = 226) and violent non-sex offenders (n = 4,130). All offenders…

  4. INTERPRETATION OF SYIQAQAND ITS PROCEDURAL LAW AT RELIGIOUS COURT IN YOGYAKARTA

    Directory of Open Access Journals (Sweden)

    Haniah Ilhami

    2014-06-01

    Full Text Available The objective of this research is to identify the interpretation of syiqaq as a legal reason in divorce lawsuit and its procedural law implemented by the Religious Courts in Yogyakarta. This is an empirical normative research, using the literature research method and field research through Focus Group Discussion (FGD. This research found that syiqaq is interpreted as a specific form of an endless quarrelling which caused danger for either husband or wife. In practice, judges combine procedural law in divorce lawsuit based on syiqaq into the procedural law in other legal reason. Penelitian ini bertujuan untuk mengetahui interpretasi syiqaqsebagai alasan gugatan cerai oleh hakim dan praktek hukum acara penyelesaian perkara perceraian dengan alasan syiqaqyang diterapkan pada Pengadilan Agama di Daerah Istimewa Yogyakarta. Penelitian ini merupakan penelitian hukum normatif empiris, menggunakan metode penelitian kepustakaan dan penelitian lapangan melalui kegiatan Focus Group Discussion (FGD. Hasil penelitian menunjukkan bahwa syiqaqdiinterpretasikan sebagai perselisihan dan percekcokan antara suami istri yang telah menimbulkan bahaya mengancam baik pada para pihak. Dalam prakteknya, hakim menggabungkan proses acara penyelesaian perkara perceraian dengan menggunakan alasan syiqaqke dalam proses beracara untuk perkara yang menggunakan alasan perselisihan terus menerus.

  5. Juvenile morphology in baleen whale phylogeny.

    Science.gov (United States)

    Tsai, Cheng-Hsiu; Fordyce, R Ewan

    2014-09-01

    Phylogenetic reconstructions are sensitive to the influence of ontogeny on morphology. Here, we use foetal/neonatal specimens of known species of living baleen whales (Cetacea: Mysticeti) to show how juvenile morphology of extant species affects phylogenetic placement of the species. In one clade (sei whale, Balaenopteridae), the juvenile is distant from the usual phylogenetic position of adults, but in the other clade (pygmy right whale, Cetotheriidae), the juvenile is close to the adult. Different heterochronic processes at work in the studied species have different influences on juvenile morphology and on phylogenetic placement. This study helps to understand the relationship between evolutionary processes and phylogenetic patterns in baleen whale evolution and, more in general, between phylogeny and ontogeny; likewise, this study provides a proxy how to interpret the phylogeny when fossils that are immature individuals are included. Juvenile individuals in the peramorphic acceleration clades would produce misleading phylogenies, whereas juvenile individuals in the paedomorphic neoteny clades should still provide reliable phylogenetic signals.

  6. Distortions in Judged Spatial Relations.

    Science.gov (United States)

    Stevens, Albert

    1978-01-01

    Distortions in judgments of relative geographical relations were observed, particularly when the locations were in different geographical or political units. Subjects distorted the judged relation to conform with the relation of the superordinate political unit. A model for the hierachical storage of spatial information is presented. (Author/RD)

  7. The courts in Renaissance Italy

    Directory of Open Access Journals (Sweden)

    Beatrice Del Bo

    2011-09-01

    Full Text Available This review article offers a brief introduction to the issue of the courts in Renaissance Italy along with a selective description of bibliographic sources and electronic resources.

  8. legal pluralism, sharia courts, and constitutional issues in ethiopia

    African Journals Online (AJOL)

    eliasn

    of sharia courts. These laws include the Proclamation to Consolidate Federal. Courts of ... This is found in the statement of the Prophet: 'leave the ...... some support (which may be financial or enforcement).81 To this end, the state may, as in ...

  9. Larval, pre-juvenile and juvenile development of Diapterus peruvianus (Perciformes: Gerreidae

    Directory of Open Access Journals (Sweden)

    Sylvia Patricia Adelheid Jiménez Rosenberg

    2003-06-01

    Full Text Available The development of Diapterus peruvianus (Sauvage 1879 is based on 60 larvae collected in superficial tows made in Bahía Concepción, and on 16 prejuvenile and juvenile organisms collected in Bahía de La Paz, B. C. S., México, using a standard plankton net and a rectangular epibenthonic net, respectively. Larvae of D. peruvianus show three large blotches on the dorsum of the gut that can fuse together and give the appearance of one large continuous blotch. There are two to three pre-anal pigments and 16 post-anal pigments in the ventral midline; cephalic pigments are present from the postflexion stage, as well as a serrated preoperculum. The prejuvenile and juvenile organisms are distinguished by their body depth, the analfin formula, the serrated preoperculum and the base pigments in the dorsal and anal fins.El desarrollo de Diapterus peruvianus se analizó con base en 60 larvas recolectadas en Bahía Concepción y 16 pre-juveniles y juveniles recolectados en la Ensenada de La Paz, B. C. S. México, usando respectivamente, una red estándar de plancton en arrastres superficiales y una red epibentónica para arrastres de plancton. Las larvas presentan desde la pre-flexión tres manchas alargadas sobre la superficie dorsal de la masa visceral, que pueden unirse y dar apariencia de pigmentación continua, observándose hasta 16 pigmentos post-anales en la línea media ventral y de dos a tres pigmentos pre-anales; la pigmentación cefálica así como la forma aserrada del pre-opérculo característica del género, aparecen a partir de la post-flexión. Los organismos pre-juveniles y juveniles se distinguen por la profundidad del cuerpo, la fórmula de la aleta anal, la fina forma aserrada del pre-opérculo y la pigmentación en la base de las aletas dorsal y anal.

  10. The European Court of Human Rights, Secular Education and Public Schooling

    Science.gov (United States)

    Arthur, James; Holdsworth, Michael

    2012-01-01

    Since 9/11 the European Court of Human Rights (the European Court) has raised anew the question of the relationship between religion and public education. In its reasoning, the European Court has had to consider competing normative accounts of the secular, either to accept or deny claims to religious liberty within Europe's public education…

  11. CONFLICT BETWEEN LEGAL OPINIONS OF ECHR AND NATIONAL CONSTITUTIONAL COURTS

    Directory of Open Access Journals (Sweden)

    Yuliya Nadtochey

    2017-01-01

    Full Text Available The object of research is a relationship between ECHR and constitutional courts in various jurisdictions.The main aim of this article is to research the conflict between opinions of ECHR and national Constitutional courts, and also to find the root of this conflict.The methodology of this research consists of universal methods (such as analysis, synthesis, comparison and jurisprudence-specific methods.In the course of research, the author used various theoretical sources, ECHR case-law and decisions of various national Constitutional Courts.Results. At this point of time, there are many theories that try to explain the relationship between international and national law. But their functioning can be observed only in practice. Many jurisdictions adhere to the concept of Dualism.National Constitutional courts may perceive legal opinions in two different ways: adhere to the legal opinion of ECHR or reach a different conclusion, different to that of ECHR.Because national Constitutional courts and ECHR employ different systems for establishing whether rights of the claimant were violated or not, courts may give more weight to the different factors.In the article, the author focuses attention on such reason of the conflict as justification for limitation of one's rights.Conclusions. Conflict of legal opinions of ECHR and national Constitutional courts is of axiological nature. Conflict per se does not imply that a given national government decided to breach its international obligations. Because of subsidiary nature of ECHR protection, conflicts is rather an exception that could be dealt with than a rule.

  12. Legal remedies in the proceedings before the Court of Justice of the European Union

    Directory of Open Access Journals (Sweden)

    Radivojević Zoran

    2014-01-01

    Full Text Available Legal remedies applied in the proceedings before the Court of Justice of the European Union have some distinctive features as compared to the legal remedies used in the national judicial systems. At first, the communitarian justice system originally did not envisage the possibility of filing an appeal with this Court as a regular legal remedy but there were other remedies that could be pursued in respect of the judgments issued by the Court. After the establishment of the Court of First Instance, the Procedural Law of the European Union introduced the possibility of filing an appeal with the Court of Justice against the judgments of the Court of First Instance. Later, the Court of First Instance became competent to decide on appeals against the judgments rendered by the judicial panels, which were established in the meantime. The Court of First Instance and judicial panels reserved the possibility of using other legal remedies against the final decisions rendered by these judicial authorities. In this respect, the Lisbon Treaty did not bring any significant changes, except that the Court of First Instance was renamed into the General Court whereas the judicial panels were designated as specialized courts. Taking into account the system of legal remedies recognized by the Procedural Law of the European Union, the first part of the paper deals with appeals as a regular legal instrument for bringing the case before a higher instance court which is to review the judgment of a lower instance court, including appeals against the decisions of the General Court and specialized courts. In the second part of the paper, the authors focus on the legal remedies which are awarded by the same court that issued the judgment. This category includes the application of a third party and revision, which may be considered as extraordinary legal remedies, as well as the objection against the judgment by default, judgment interpretation, judgment rectification and

  13. Olhares cruzados sobre o atendimento institucional aos adolescentes infratores no Brasil

    Directory of Open Access Journals (Sweden)

    Géraldine Bugnon

    2010-01-01

    Full Text Available Após uma contextualização histórica a respeito da Justiça Juvenil no Brasil, este estudo busca colocar em evidência os perfi s sociodemográficos e as trajetórias dos jovens alvos de medidas socioeducativas. Primeiramente, é preciso expor e discutir o procedimento judiciário tal como é pensado pela lei, por um lado, e, por outro, como é posto em prática pelos magistrados. Depois, tentar esclarecer três temáticas importantes: as tensões entre controle e promoção da autonomia, o fluxo constitutivo da duração das medidas socioeducativas no Brasil, e a gestão da violência endêmica no Brasil pelas instituições encarregadas dos jovens delinquentes. After describing the background of the Juvenile Courts in Brazil, Different perspectives on the institutional care of juvenile delinquents in Brazil aims to demonstrate the sociodemographic profiles and lives led by youths subjected to social education measures. Firstly, the judicial procedure as prescribed by law must be exposed and discussed, and compared to how it is put into practice by the judges. Then, three important aspects are examined: the tensions between control and promoting autonomy, the flow of social education measures in Brazil, and the management of endemic violence in Brazil by the institutions responsible for juvenile delinquents.

  14. The Supreme Court's Role in Defining the Jurisdiction of Military Courts: A Study and Proposal

    National Research Council Canada - National Science Library

    Baldrate, Brian C

    2005-01-01

    .... Rather than creating a consistent precedent, the Court's decisions have led to arbitrary results and an increased uncertainty about whether the military commissions at Guantanamo Bay, Cuba, are constitutional...

  15. Juvenile Residential Facility Census, 2010: Selected Findings. Juvenile Offenders and Victims: National Report Series. Bulletin NCJ 241134

    Science.gov (United States)

    Hockenberry, Sarah; Sickmund, Melissa; Sladky, Anthony

    2013-01-01

    This bulletin is part of the "Juvenile Offenders and Victims National Report Series." The "National Report" offers a comprehensive statistical overview of the problems of juvenile crime, violence, and victimization and the response of the juvenile justice system. During each interim year, the bulletins in the "National…

  16. EFEKTIFITAS PENGAWASAN HAKIM OLEH KOMISI YUDISIAL

    Directory of Open Access Journals (Sweden)

    Oddie Moch Ikhsan

    2018-01-01

    Full Text Available Starting from the establishment of a suspect Candidate Former National Police Chief Pol Commissioner General Budi Gunawan then apply prapradilan to the South Jakarta District Court. Because the 77 Criminal Code stated determination of the suspect is not an object pretrial. In those articles which can be handled by pretrial regulated limitative, only for legitimate or not the arrest, detention, discontinuation or termination of the investigation and prosecution of compensation or rehabilitation for a criminal case was stopped at the level of investigation or prosecution. After a single judge South Jakarta District Court partially granted the petition Sarpin Rizaldi prapreadilan BG. In his judgment, Sarpin interprets the determination of the suspect as one of the pre-trial. Judge Sarpin Ats such action under the spotlight of the Judicial Commission for the above decision. The Judicial Commission then recommended to the Supreme Court Judge Sarpin to sanctions, but the Supreme Court rejected the recommendation because they have entered the realm of the judge's decision. The formulation of the problem in this study is How Model Judicial Oversight Committee, Oversight Problems To Know judge by the Judicial Commission, the Judicial Commission How the Implementation Monitoring and Oversight How effective implementation of the functions of the Judicial Commission in supervising judges and its influence on the judicial power. The method used in this research is using normative juridical approach, the specification of the research is descriptive analytical.Based on the findings of the Judicial Commission has the concept of preventive surveillance by the repressive, namely to prevent and then are giving emphasis and contain sanctions. The Judicial Commission has the authority to give the sanction of ethics recommendations to the Supreme Court but the repressive ie without the MA recommendations, the recommendations of the Judicial Commission to be worth sia

  17. Treatment as Part of Drug Court: The Impact on Graduation Rates

    Science.gov (United States)

    Taxman, Faye S.; Bouffard, Jeffrey A.

    2005-01-01

    Drug treatment is one of the critical components of drug court programming, yet it has not been thoroughly studied in the drug court literature. Very little is understood about the nature of drug treatment services provided in the drug court setting. The purpose of this study was to examine the effects of selected treatment variables on drug court…

  18. A toolbox for European judges

    NARCIS (Netherlands)

    Hesselink, M.W.

    2011-01-01

    The forthcoming instrument on European contract law, be it in the shape of an optional code for cross-border contracts or as an official toolbox for the European legislator, is likely to have a spill-over effect on private law adjudication in Europe. Judges will have no great difficulty in finding

  19. Juvenile Confinement in Context

    Science.gov (United States)

    Mendel, Richard A.

    2012-01-01

    For more than a century, the predominant strategy for the treatment and punishment of serious and sometimes not-so-serious juvenile offenders in the United States has been placement into large juvenile corrections institutions, alternatively known as training schools, reformatories, or youth corrections centers. America's heavy reliance on…

  20. Finding Vredo: the Dutch Supreme Court decision on escitalopram

    NARCIS (Netherlands)

    Tsoutsanis, A.

    2014-01-01

    This article is about the pharma patent litigation sparked by Lundbeck's blockbuster drug for escitalopram. The article focuses on the trials and tribulations before the Dutch Patent Court of Appeal and the Supreme Court, while also briefly contrasting and comparing this with the decisions in

  1. Juvenile Angiofibroma: Evolution of Management

    Science.gov (United States)

    Nicolai, Piero; Schreiber, Alberto; Bolzoni Villaret, Andrea

    2012-01-01

    Juvenile angiofibroma is a rare benign lesion originating from the pterygopalatine fossa with distinctive epidemiologic features and growth patterns. The typical patient is an adolescent male with a clinical history of recurrent epistaxis and nasal obstruction. Although the use of nonsurgical therapies is described in the literature, surgery is currently considered the ideal treatment for juvenile angiofibroma. Refinement in preoperative embolization has provided significant reduction of complications and intraoperative bleeding with minimal risk of residual disease. During the last decade, an endoscopic technique has been extensively adopted as a valid alternative to external approaches in the management of small-intermediate size juvenile angiofibromas. Herein, we review the evolution in the management of juvenile angiofibroma with particular reference to recent advances in diagnosis and treatment. PMID:22164185

  2. Juvenile Angiofibroma: Evolution of Management

    Directory of Open Access Journals (Sweden)

    Piero Nicolai

    2012-01-01

    Full Text Available Juvenile angiofibroma is a rare benign lesion originating from the pterygopalatine fossa with distinctive epidemiologic features and growth patterns. The typical patient is an adolescent male with a clinical history of recurrent epistaxis and nasal obstruction. Although the use of nonsurgical therapies is described in the literature, surgery is currently considered the ideal treatment for juvenile angiofibroma. Refinement in preoperative embolization has provided significant reduction of complications and intraoperative bleeding with minimal risk of residual disease. During the last decade, an endoscopic technique has been extensively adopted as a valid alternative to external approaches in the management of small-intermediate size juvenile angiofibromas. Herein, we review the evolution in the management of juvenile angiofibroma with particular reference to recent advances in diagnosis and treatment.

  3. 4 CFR 28.22 - Administrative judges.

    Science.gov (United States)

    2010-01-01

    .... Administrative judges shall conduct fair and impartial hearings and take all necessary action to avoid delay in...; (8) Require the filing of memoranda of law and the presentation of oral argument with respect to any...

  4. Judicial law-making: Unlocking the creative powers of judges in ...

    African Journals Online (AJOL)

    ... the creative powers of judges in terms of Section 39(2) of the constitution. ... that judges do indeed have a law-making function in the process of interpretation. ... The article examines the extent to which the judiciary can use this power in a ...

  5. Reviewing the National Courts in Creating Orderly International Law and Community

    Directory of Open Access Journals (Sweden)

    Johanis Leatemia

    2017-08-01

    Full Text Available Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

  6. How to avoid liability litigation in courts – Suggestions from a German example

    Directory of Open Access Journals (Sweden)

    Liebermeister, Hermann

    2010-01-01

    Full Text Available The medical art is difficult, its results can not always be predicted. After looking at TV, patients know more or think they know more about medicine. They tend to assume faulty diagnostics or treatment by their physician, if the good result promised by the news-media or by the doctor himself has not been obtained. The resulting litigation in court is time-consuming, causes a lot of paperwork and frequently leads to negative publicity for the doctor in the local news-media. Therefore, in 1975, the German Medical Associations in the different federal areas have founded expert committees to help solve this problem. These avoid negative publicity, heavy expenses and law-suits. Presidents of these committees are high-level judges – mostly retired – with experience in the field. They are masters of the procedure, choose the experts and formulate the final draft. This structure invalidates the understandable suspicion that physicians will protect each other or – as we say in Germany: “A crow will not hurt the eye of another one”. The system is now well accepted by liability insurances, lawyers and patients.

  7. USTC & TBA Guidelines for Tennis Court & Running Track Construction.

    Science.gov (United States)

    United States Tennis Court & Track Builders Association.

    Guidelines are presented on tennis court and track and field construction that reflect the latest developments in construction technology, methodology, and practice. Based on contributions from experienced certified tennis court and track builders, material suppliers and design professionals, this manual examines each of the critical areas of…

  8. Abused and Neglected Children in Court: Knowledge and Attitudes

    Science.gov (United States)

    Block, Stephanie D.; Oran, Howard; Oran, Diane; Baumrind, Nikki; Goodman, Gail S.

    2010-01-01

    Objective: After maltreated children are taken into protective custody, dependency courts determine the children's placements. Many, if not most, maltreated children never attend their dependency court hearings. We had the rare opportunity to interview children in a jurisdiction where children regularly attend their detention hearings in…

  9. 20 CFR 405.515 - Application of circuit court law.

    Science.gov (United States)

    2010-04-01

    ... 20 Employees' Benefits 2 2010-04-01 2010-04-01 false Application of circuit court law. 405.515 Section 405.515 Employees' Benefits SOCIAL SECURITY ADMINISTRATION ADMINISTRATIVE REVIEW PROCESS FOR ADJUDICATING INITIAL DISABILITY CLAIMS Judicial Review § 405.515 Application of circuit court law. We will...

  10. 16 CFR 1.62 - Ancillary court orders pending review.

    Science.gov (United States)

    2010-01-01

    ... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Ancillary court orders pending review. 1.62 Section 1.62 Commercial Practices FEDERAL TRADE COMMISSION ORGANIZATION, PROCEDURES AND RULES OF PRACTICE GENERAL PROCEDURES Injunctive and Condemnation Proceedings § 1.62 Ancillary court orders pending review...

  11. 7 CFR 1.173 - Judges.

    Science.gov (United States)

    2010-01-01

    ... proceeding, (2) is related within the third degree by blood or marriage to any party to the proceeding, or (3... present. Any memorandum or other communication addressed to the Judicial Officer or a Judge, during the... prior to any hearing to be conducted by telephone or audio-visual telecommunication; (8) Require that...

  12. The Problem of Emergency in the American Supreme Court

    DEFF Research Database (Denmark)

    Ugilt, Rasmus; Hartz, Emily

    2011-01-01

    Sixty years before Carl Schmitt wrote his Political Theology, and more than a 100 years before President Bush announced a ‘war on terrorism’ the American Supreme Court grappled with the difficult issue of emergency powers in connection with issues arising out of the American Civil War (1861......–1865). The question confronting the Court in a set of cases named the Prize Cases was whether President Lincoln’s decision to respond to acts of aggression by the secessionist Southern states with measures of war was lawful. The legal problem was that Lincoln had made this decision unilaterally although the American...... Constitution specifically allocates the power to declare war to Congress. The Court solved the dilemma by arguing that in cases where no war has been declared, the decision whether the country is in a state of war is ultimately ‘a question to be decided by him [the President], and [the Supreme] Court must...

  13. Adaptive Interventions in Drug Court: A Pilot Experiment

    Science.gov (United States)

    Marlowe, Douglas B.; Festinger, David S.; Arabia, Patricia L.; Dugosh, Karen L.; Benasutti, Kathleen M.; Croft, Jason R.; McKay, James R.

    2009-01-01

    This pilot study (N = 30) experimentally examined the effects of an adaptive intervention in an adult misdemeanor drug court. The adaptive algorithm adjusted the frequency of judicial status hearings and clinical case-management sessions according to pre-specified criteria in response to participants' ongoing performance in the program. Results revealed the adaptive algorithm was acceptable to both clients and staff, feasible to implement with greater than 85% fidelity, and showed promise for eliciting clinically meaningful improvements in drug abstinence and graduation rates. Estimated effect sizes ranged from 0.40 to 0.60 across various dependent measures. Compared to drug court as-usual, participants in the adaptive condition were more likely to receive responses from the drug court team for inadequate performance in the program and received those responses after a substantially shorter period of time. This suggests the adaptive algorithm may have more readily focused the drug court team's attention on poorly-performing individuals, thus allowing the team to “nip problems in the bud” before they developed too fully. These preliminary data justify additional research evaluating the effects of the adaptive algorithm in a fully powered experimental trial. PMID:19724664

  14. 8 CFR 1003.9 - Office of the Chief Immigration Judge.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Office of the Chief Immigration Judge. 1003.9 Section 1003.9 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Office of the Chief Immigration Judge...

  15. 8 CFR 1246.4 - Immigration judge's authority; withdrawal and substitution.

    Science.gov (United States)

    2010-01-01

    ... 8 Aliens and Nationality 1 2010-01-01 2010-01-01 false Immigration judge's authority; withdrawal and substitution. 1246.4 Section 1246.4 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE IMMIGRATION REGULATIONS RESCISSION OF ADJUSTMENT OF STATUS § 1246.4 Immigration judge's...

  16. The influence of tennis court surfaces on player perceptions and biomechanical response.

    Science.gov (United States)

    Starbuck, Chelsea; Damm, Loïc; Clarke, James; Carré, Matt; Capel-Davis, Jamie; Miller, Stuart; Stiles, Victoria; Dixon, Sharon

    2016-09-01

    This study aimed to examine player perceptions and biomechanical responses to tennis surfaces and to evaluate the influence of prior clay court experience. Two groups with different clay experiences (experience group, n = 5 and low-experience group, n = 5) performed a 180° turning movement. Three-dimensional ankle and knee movements (50 Hz), plantar pressure of the turning step (100 Hz) and perception data (visual analogue scale questionnaire) were collected for two tennis courts (acrylic and clay). Greater initial knee flexion (acrylic 20. 8 ± 11.2° and clay 32.5 ± 9.4°) and a more upright position were reported on the clay compared to the acrylic court (P < 0.05). This suggests adaptations to increase player stability on clay. Greater hallux pressures and lower midfoot pressures were observed on the clay court, allowing for sliding whilst providing grip at the forefoot. Players with prior clay court experience exhibited later peak knee flexion compared to those with low experience. All participants perceived the differences in surface properties between courts and thus responded appropriately to these differences. The level of previous clay court experience did not influence players' perceptions of the surfaces; however, those with greater clay court experience may reduce injury risk as a result of reduced loading through later peak knee flexion.

  17. Smells Like Teen Spirit: Evaluating a Midwestern Teen Court

    Science.gov (United States)

    Norris, Michael; Twill, Sarah; Kim, Chigon

    2011-01-01

    Teen courts have grown rapidly in the United States despite little evidence of their effectiveness. A survival analysis of 635 teen court and 186 regular diversion participants showed no significant differences in recidivism, although program completers were half as likely to reoffend as noncompleters. Older offenders survived significantly better…

  18. Choice of Court Clauses and Lis Pendens under Brussels I Regulation

    Directory of Open Access Journals (Sweden)

    Ekaterina Ivanova

    2010-08-01

    Full Text Available The principle of party autonomy, known not only in the common law legal system but also in the civil law system, provides parties contracting in civil and commercial matters with the right to establish their own rules, as long as these rules do not contradict mandatory law. This right is presumed to be protected by the force of law. It follows, that when a choice of court clause is included in the contract, disputes are supposed to be solved by the court chosen by the parties.This principle is not compromised by the Brussels I Regulation (or previously, the Brussels Convention. Moreover, it is repeated in its Articles 1 and 23. At the same time, the rule of lis pendens, provided for by its Article 27, aims to preclude subsequent actions in other Member States if a court is already seized and allows the appearance 'on the legal scene' of a court other than the court chosen by the parties. And the lis pendens rule prescribes the latter to stay proceedings until the court not chosen, but first seized, examines and declines its jurisdiction.

  19. Choice of Court Clauses and Lis Pendens under Brussels I Regulation

    Directory of Open Access Journals (Sweden)

    Ekaterina Ivanova

    2010-08-01

    Full Text Available The principle of party autonomy, known not only in the common law legal system but also in the civil law system, provides parties contracting in civil and commercial matters with the right to establish their own rules, as long as these rules do not contradict mandatory law. This right is presumed to be protected by the force of law. It follows, that when a choice of court clause is included in the contract, disputes are supposed to be solved by the court chosen by the parties. This principle is not compromised by the Brussels I Regulation (or previously, the Brussels Convention. Moreover, it is repeated in its Articles 1 and 23. At the same time, the rule of lis pendens, provided for by its Article 27, aims to preclude subsequent actions in other Member States if a court is already seized and allows the appearance 'on the legal scene' of a court other than the court chosen by the parties. And the lis pendens rule prescribes the latter to stay proceedings until the court not chosen, but first seized, examines and declines its jurisdiction.

  20. Interpretative decisions in the practice of the Constitutional Court of Serbia

    Directory of Open Access Journals (Sweden)

    Rajić Nataša

    2014-01-01

    Full Text Available The relationship between the Constitutional Court and Parliament is marked by envolving process. The desired balance between these two state bodies was gradually disturbed by the Constitutional Court. Consequently, the substrate of the constitutional function originally designed as a function of 'negative legislator' is also changed in that process. Interpretative decision is one of the model of the activity of the Constitutional Court which makes questionable the position of the Parliament as a state body which regulates social relations in original form. Interpretative decision is an specific form of rejected decisions that contains binding instruction regading the interpretation of the norm, as a condition. This interpretation is given by Constitutional Court in order to make the norm in accordance with the Constitution. By the analysis of the practice of the Constitutional Court of Serbia, the paper has a task to determine wheter, to what extend and in what form the interpretative decisions occur in the work of the Court as well as to determine is there a clear constitutional base for establishing the jurisdiction of their adoption in our legal system.