			Home About us Contact

Judicial System (judicial + system)

Distribution by Scientific Domains

Law and Criminology	33%
Humanities and Social Sciences	33%

Selected Abstracts

Henry VII in Context: Problems and Possibilities

HISTORY, Issue 307 2007
STEVEN GUNN
Clearer understanding of Henry VII's reign is hindered not only by practical problems, such as deficiencies in source material, but also by its liminal position in historical study, at the end of the period conventionally studied by later medievalists and the beginning of that studied by early modernists. This makes it harder to evaluate changes in the judicial system, in local power structures, in England's position in European politics, in the rise of new social groups to political prominence and in the ideas behind royal policy. However, thoughtful combination of the approaches taken by different historical schools and reflection on wider processes of change at work in Henry's reign, such as in England's cultural and economic life, can make a virtue out of Henry's liminality. Together with the use of more unusual sources, such an approach enables investigation for Henry's reign of many themes of current interest to historians of the later Tudor period. These include courtly, parliamentary and popular politics, political culture, state formation and the interrelationships of different parts of the British Isles and Ireland. [source]

Between Hermes and Themis: An Empirical Study of the Contemporary Judiciary in Singapore

JOURNAL OF LAW AND SOCIETY, Issue 4 2001
Ross Worthington
Drawing upon interviews in 1995 and 1998 and analyses of judicial appointments from 1975,1998, the article offers a new explanation of judicial-executive relations in Singapore. It attempts to explain how the judiciary in Singapore actually functions, partly by using the concept of the core executive to locate the judiciary more accurately within its political context. The study demonstrates that the judicial system has been hegenomized by a number of political and bureaucratic strategies, and interprets its role in terms of the overall goals of the political executive. The lower judiciary is an amateur judiciary and forms part of the executive government. Despite this, the contemporary superior judiciary is not wholly a creature of the political executive, as is often postulated, but rather the result of a compromise which balances the need for a reputable judiciary with the requirement by the political executive for the judicial system to assist with the control of political opposition. This negotiated balance is qualitatively different from the relationship that characterized that between the Lee Kuan Yew governments and their Supreme Courts until 1991 and reflects the maturing of hegemonic control strategies under Goh Chok Tong. The analysis was completed in 1999. [source]

Teen Court: What Jurors Can Tell Us About the Process

JUVENILE AND FAMILY COURT JOURNAL, Issue 1 2004
DEBORAH KIRBY FORGAYS
ABSTRACT Teen courts are on the increase throughout the United States. These courts provide an opportunity for youth offenders to receive sentences from their adolescent peers rather than from an adult panel or judge. Yet, we know t very little about the teen jurors' perspective or whether their sentences reflect restorative justice principles. In more than 100 youth juror surveys, t teens describe their experiences as they develop sentences consistent with restorative justice tenets. Through their participation, youth jurors gain practical knowledge about and respect for the judicial system. The efficacy of the sentences is validated by high offender sentence completion. [source]

The Study of Gender in the Courts: Keeping Bias at Bay

LAW & SOCIAL INQUIRY, Issue 2 2002
Lilia M. Cortina
I am pleased to introduce the following two companion papers on gender in the United States Eighth Circuit courts. They emerge from a partnership of social scientists and legal professionals, spurred by a national movement to understand influences of gender on the judicial system. These studies reflect a majority of voices in the Eighth Circuit bench and bar, women and men who work in and preside over the federal courts of seven states. This project yielded a wealth of data, the analysis of which reveals ways both subtle and overt by which gender bias threatens fairness in the courts. Underscoring the importance of this and similar projects, Supreme Court Justice Sandra Day O'Connor once stated, "by acknowledging and not trivializing the effects of gender bias on reasonable women and men, courts can work toward ensuring that neither men nor women will have to run a gauntlet of abuse in return for the privilege of being allowed to work and make a living" (as quoted in the Final Report of the Eighth Circuit Gender Fairness Task Force [ECGFTF] 1997, 8). [source]

The judicial duty to give reasons

LEGAL STUDIES, Issue 1 2000
H L Ho
The desirability of having a general duty to give reasons for court decisions has been much debated in Commonwealth jurisdictions. In England, a series of recent cases has consistently upheld the duty, albeit with qualifications. The existence of this general duty is defensible in principle. However, exactly what is required to comply with the duty is not clear. The explanation the judge is expected to give may be analysed in terms of its structure, contents and standard. These aspects are dependent on many factors, such as the rationale underlying the duty, the limitations faced by the judicial system, the nature of the decision- making process, and the significance of the decision. While one can identify the major considerations that operate at a general level, the scope and extent of the duty to explain a particular decision are dependent on the circumstances of the case. This variability makes it difficult to be certain as to when a breach of the duty has occurred. The duty must meet the purposes for which it is imposed and at the same time must not be too unrealistic in its demands. [source]

Producing Absolute Truth: CSI Science as Wishful Thinking

AMERICAN ANTHROPOLOGIST, Issue 1 2010
Corinna Kruse
ABSTRACT, Forensic science has come to be assigned an important role in contemporary crime fiction. In this article, I analyze the cultural repertoire of forensic science conveyed by the popular television show Crime Scene Investigation (CSI). I argue that CSI science, in delivering an absolute "truth" about how and by whom crimes have been committed, is equated with justice, effectively superseding nonfictional forensic science as well as nonfictional judicature as a whole. Thus, CSI as a cultural performance adds to the mediascape a repertoire of wishful-thinking science with which to think about perceptions of and desires for crime and justice in nonfictional society. This repertoire seems to be considered relevant enough to nonfictional society to cause concern about the judicial system, as expressed in discussions of the so-called "CSI effect." [source]

TORT DECISIONS AND CAMPAIGN DOLLARS

POLITICS & POLICY, Issue 2 2000
Eric N. Waltenburg
There has recently been growing concern over the massive infusion of special interest dollars in state judicial elections. Commentators worry that these contributions may undermine the public's confidence in the operation and impartiality of the judicial system, or worse, "buy" the decision of the successful judicial candidate. The purpose of this analysis is to determine the extent to which there is good cause to worry. It examines contribution patterns for, and the decisional behavior of, the state supreme court justices on the Alabama, Kentucky, and Ohio courts who have had electoral contests in the 1990s. Results indicate that worries over the American bench being "for sale" have some traction. Under electoral pressures, the justices do appear to position themselves to appeal more to their contributors. This effect is not enduring, however. Whatever relationships exist between contributions to judicial candidates and their decisional behavior are short-term. Following his or her election, a justice's decision-making shows no signs of being influenced by interest group contributions. [source]

Democratisation and corruption in Mongolia

PUBLIC ADMINISTRATION & DEVELOPMENT, Issue 3 2007
Verena Fritz
Abstract More democratic and open systems of government are generally assumed to contain corruption. Subsequent to the end of the communist system in 1990, Mongolia has established a democratic regime, and has been assessed as being relatively well governed. However, more recently, corruption has been worsening, despite the continuation of a democratic regime. This article inquires into the drivers of corruption and into the reasons for why accountability has not been more effective despite a democratic form of government. The availability of three major forms of rents,foreign aid, privatisation and natural resource extraction,is discussed as important drivers. The recent mining boom appears to have reinforced weaknesses in Mongolia's system of accountability. Underlying weaknesses include certain communist legacies, especially of intransparent government and of a ,dependent' judicial system, and substantially increased inequality as a result of transition. Copyright © 2007 John Wiley & Sons, Ltd. [source]

Turning a blind eye to double blind line-ups

APPLIED COGNITIVE PSYCHOLOGY, Issue 6 2010
Daniel B. Wright
Although psychologists have urged police officers to use double blind line-up procedures during their investigations, police officers state that these would be difficult to administer and most have been reluctant to implement this change. Four studies examine whether lay people's judgements about the guilt of a suspect vary according to whether a brief written summary of a case described the identification procedure as double blind or non-double blind. The effects were all small (and almost all non-significant). Most people do not treat double blind line-ups differently from non-double blind line-ups when assessing the guilt of a defendant. Either police investigators should stop using this biased method or police investigators and others in the judicial system (e.g. jurors, judges) should be informed of this bias when evaluating results from any line-up. Copyright © 2009 John Wiley & Sons, Ltd. [source]

Mad tales from Bollywood: the impact of social, political, and economic climate on the portrayal of mental illness in Hindi films

ACTA PSYCHIATRICA SCANDINAVICA, Issue 4 2005
D. Bhugra
Objective:, To study the portrayal of mental illness (especially psychosis) in Hindi films since 1950 and to study the influence of prevalent social, political and economic factors on each portrayal. Method:, Using two encyclopaedias and one source book, films that had mental illness affecting one of the protagonists were identified. The social, economic and political factors were identified using history texts. Results:, In the 1960s after India became a Republic, the political climate was one of idealism and as a result the portrayal of mental illness was gentle, more international in its outlook, and used psychoanalytic techniques. In the 1970s and 1980s, as a result of increased political and bureaucratic corruption and an unstable political climate, the portrayals became harder and psychopaths were portrayed more often. In the 1980s, the trend continued with female psychopaths, and avenging women emerged as a major force because the political and judicial systems were seen as impotent in delivering justice. In the 1990s, following economic liberalization, the women were seen and used as possessions in society and the cinema, and portrayals of stalking and morbid jealousy increased. Conclusion:, Hindi films since the 1950s appear to have been influenced by changing cultural norms which in turn affected the way mental illness is portrayed. [source]

Skeletal Estimation and Identification in American and East European Populations,

JOURNAL OF FORENSIC SCIENCES, Issue 3 2008
Erin H. Kimmerle Ph.D.
Abstract:, Forensic science is a fundamental transitional justice issue as it is imperative for providing physical evidence of crimes committed and a framework for interpreting evidence and prosecuting violations to International Humanitarian Law (IHL). The evaluation of evidence presented in IHL trials and the outcomes various rulings by such courts have in regard to the accuracy or validity of methods applied in future investigations is necessary to ensure scientific quality. Accounting for biological and statistical variation in the methods applied across populations and the ways in which such evidence is used in varying judicial systems is important because of the increasing amount of international forensic casework being done globally. Population variation or the perceived effect of such variation on the accuracy and reliability of methods is important as it may alter trial outcomes, and debates about the scientific basis for human variation are now making their way into international courtrooms. Anthropological data on population size (i.e., the minimum number of individuals in a grave), demographic structure (i.e., the age and sex distribution of victims), individual methods applied for identification, and general methods of excavation and trauma analysis have provided key evidence in cases of IHL. More generally, the question of population variation and the applicability of demographic methods for estimating individual and population variables is important for American and International casework in the face of regional population variation, immigrant populations, ethnic diversity, and secular changes. The reliability of various skeletal aging methods has been questioned in trials prosecuted by the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Prosecutor of the Tribunal against Radislav Krsti, (Case No. IT-98-33, Trial Judgment) and again in the currently ongoing trial of The Prosecutor of the Tribunal against Zdravko Tolimir, Radivolje Mileti,, Milan Gvero, Vinko Pandurevi,, Ljubisa Beara, Vujadin Popovi,, Drago Nikoli,, Milorad Trbi,, Ljubomir Borovcanin (IT-05-88-PT, Second Amended Indictment). Following the trial of General Krsti,, a collaborative research project was developed between the Forensic Anthropology Center at The University of Tennessee (UT) and the United Nations, International Criminal Tribunal for the Former Yugoslavia, Office of the Prosecutor (ICTY). The purpose of that collaboration was to investigate methods used for the demographic analysis of forensic evidence and where appropriate to recalibrate methods for individual estimation of age, sex, and stature for specific use in the regions of the former Yugoslavia. The question of "local standards" and challenges to the reliability of current anthropological methods for biological profiling in international trials of IHL, as well as the performance of such methods to meet the evidentiary standards used by international tribunals is investigated. Anthropological methods for estimating demographic parameters are reviewed. An overview of the ICTY-UT collaboration for research aimed at addressing specific legal issues is discussed and sample reliability for Balkan aging research is tested. The methods currently used throughout the Balkans are discussed and estimated demographic parameters obtained through medico-legal death investigations are compared with identified cases. Based on this investigation, recommendations for improving international protocols for evidence collection, presentation, and research are outlined. [source]

Interests and lobbying in Lithuania: a spectrum of development

JOURNAL OF PUBLIC AFFAIRS, Issue 1-2 2008
Ronald J. Hrebenar
By focusing on the case of Lithuania, this paper develops a framework for understanding the development and characteristics of interest groups and the broader category of interest systems in the former Communist countries of Eastern Europe. Nearly two decades have passed since the transition to democracy in the former Baltic Soviet republics and Eastern Europe. These nations have established democratic elections, modern judicial systems, institutions of representative government and guarantees of civil rights and civil liberties. Successful democratization, however, also requires the construction of a civil society characterized by open channels of communication between citizens and interests and their governments. Recent studies of the democratization of the former Soviet republics and satellite states in Eastern Europe have rarely addressed the development and role of interest groups and lobbying in these nations. This paper fills this void by presenting the findings of the first major study of interest group politics and lobbying in Lithuania. The major findings are based upon interviews of nearly 50 Lithuanian political, academic, bureaucratic and media elites conducted in the July of 2005. Overall, the lobbying community in Lithuania is underdeveloped, often corrupt, and is negatively perceived by many Lithuanians elites. Much of this is due to the legacy of communism which heavily influences the perception and efficacy of interest groups and lobbying resulting in a suspicion among the public and government officials that has impeded the development of an effective lobbying community. Lithuanian interest groups do not use sophisticated practices or tactics of lobbying; access is largely based on personal connections and corrupt practices. The business community is the most effective lobby due to its contacts and extensive resources; in contrast, the labour lobby is weak due to a hangover from communist times. Looking to the future development of the Lithuanian lobbying community, it is unclear what effect the entry of Lithuania into the European Union (May 2004) will have on the development of interest group activities and lobbying. Copyright © 2008 John Wiley & Sons, Ltd. [source]