Court Setting Research Articles

Feasibility and preliminary outcomes from a non-randomized trial of the free talk program in a short-term juvenile detention facility

Juvenile justice system involvement is associated with increased risk for many mental health concerns including substance use problems. Juvenile detention centers offer a primary point of contact by which youth may access programs that enhance their motivation to make positive changes. Yet, few studies have tested whether the clinical approaches that are helpful in community settings or long-term juvenile justice settings are also helpful in short-term juvenile detention facilities. Free Talk (FT) is a 6-session program that has been shown to reduce substance use among youth charged with a first-time drug offense in a youth court setting. The current study is the first evaluation of FT’s implementation in a detention center. To inform future implementations, we aimed to 1) assess whether detained youth participating in the intervention experienced the motivational changes that were expected based on studies of non-detained youth and 2) test whether depressive symptoms and substance use problems moderated the benefit of FT. Detained adolescents (N = 49; 83.7% male; M age = 15.31; 83.7% African-American, 12.2% White, 4.7% Hispanic/Latinx) participated in FT. A pre-post design suggested that, on average, youth in the sample experienced decreases in motivation to change substance use; however, youth with higher levels of substance use problems exhibited increases in motivation after participating in FT. Results emphasize the need to specifically target clinical services to those most likely to benefit from them and to avoid clinical situations that may result in iatrogenic effects. We discuss implementation challenges and recommend solutions to enhance mental health care in short-term detention centers.

Incorporating MISSION-CJ for drug court participants with co-occurring substance use and mental health disorders

This paper reports on the implementation of evidence-based MISSION-CJ case management across multiple drug courts in Erie and Niagara County, NY. Participant outcomes, including substance use, housing, employment, mental health symptoms, and criminal justice involvement were assessed at intake and 6-months for 209 individuals. Overall, significant improvements were observed for nights in jail, committing any crimes, past 30-day alcohol and drug use, anxiety symptoms, housing, and employment. Results suggest that MISSION-CJ can successfully be implemented across multiple court settings, and may be a valuable add-on to drug court programs to address unmet mental health needs of participants.

Influence of Attitudes toward Violence and Motor Impulsiveness on the Violent Behavior of Adolescents at School

Background: School violence during adolescence has become a major issue worldwide. Both impulsiveness and adolescents’ attitudes toward violence will influence violent behavior against peers at school. Our objective is to study the influence of motor impulsiveness and attitudes on adolescents’ violent behavior at school, as well as to assess sex and age differences. Methods: Cluster sampling was performed, obtaining a sample of 513 adolescents between 13 and 19 years from four centers of secondary education. Results: A strong relationship is found between violent school behavior, defined as relational and overt aggression, and attitudes towards violence perceived as legitimate defense and violence used to cope with problems and social relations. The results showed significant sex differences favoring the boys in all the variables studied, except for motor impulsiveness and relational aggression. In terms of age, we found significant differences only for motor impulsiveness, favoring the older age group (≥15 years). The current findings may provide an important core of evidence to support forensic decision making in pre-trial and court settings, and further contribute to recidivism prevention.

Bringing juvenile justice and public health systems together to meet the sexual and reproductive health needs of justice-involved youth.

Constitutional mandates require access to medical testing and treatment in correctional settings, including sexual and reproductive health (SRH) care services. These same mandates do not apply to youth supervised in the community, who represent the majority of justice-involved youth. Waiting until youth are in detention settings to provide access to SRH services misses an opportunity to improve health outcomes for youth who have earlier points of contact with the system. This mixed-methods study explored structural intervention development and policy geared toward increasing access to and uptake of SRH prevention, treatment, care, and support services for court-involved, nonincarcerated (CINI) youth. Data were collected from a nationwide survey (N = 226) and qualitative interviews (N = 18) with juvenile justice (JJ) and public health (PH) system stakeholders between December 2015 and January 2017. Results suggest both PH and JJ stakeholders perceive CINI youth as having substantial, largely unmet SRH care needs due to a lack of services, policies, or procedures to address these needs. Barriers to implementing programs and policies to improve SRH services for this population include limited resources (e.g., staffing, time); perceived irrelevance for juvenile court, probation, or other community supervision settings; and concerns about confidentiality, privacy, and information sharing. Recommendations for effective intervention included colocating services, justice-to-community referrals, and service linkages (e.g., through a community health navigator), and staff education around youth SRH confidentiality and information-sharing practices. (PsycInfo Database Record (c) 2022 APA, all rights reserved).

Insider/Outsider Issues: Reflections on Qualitative Research

In this report, we present some of the "outsider/insider" issues involved when carrying out qualitative research with the judiciary, a neglected area within the methodological account. This report highlights the tensions in the research process and interviewing is a former court judge and later doctoral student, then interviewing other court judges. Our position as "outsider/insider" had implications for our ability to understand the terminology, abbreviations, and acronyms used by the participants and the issues raised by them that were specific to the Indonesian court setting. This article contributes to an examination of the ways in which our ethical appraisal navigates our whole methodology.

ZAŠTITA FUNKCIJA ŽIGA U PRAVU EVROPSKE UNIJE

The Court of Justice of the European Union, through several judgments of recent date, has expanded the right of the trademark proprietor to prevent an unauthorized use of its trademark by third parties, thereby increasing the number of trademark functions that enjoy legal protection. Through this article, a gradual change in the position of the Court of Justice of the European Union in respect of the protection of the trademark functions, will be shown. In that sense, it will be shown, firstly, the traditional understanding of the trademark functions, as well as the need of their protection, then the legal framework that enabled the Court to expand the rights of the trademark proprietor and to enlarge the number of protected trademark functions, the judgements in which the Court sets the legal basis for the protection of trademark functions, and, in the end, the conclusion will show the problems caused by the abovementioned position of the Court, and one of the possible ways of resolving them will be offered.

Beyond the Victim-offender Binary: Legal and Anti-violence Intervention Considerations With Women Who Have Used Force in the U.S. and Australia

In the United States (U.S.) and Australian contexts, the fight to achieve legal and societal recognition of cisgender men's violence against cisgender women operated according to an incident-based victim-offender binary. Those held accountable for the violence were seen as offenders, those who survived the violence were seen as victims. This binary persists across police, court, corrections, intervention, and child protection settings. However, work with cisgender heterosexual women with offenses of abuse and violence demonstrates that the binary does not capture their complex experiences. Instead, they have “offended” in the context of often surviving long-term harm in their families of origin and from their intimate partners. Because their experiences do not align with the binary, they are caught in ineffective and retraumatizing responses. The authors use an intersectional theoretical framework to explore how heterosexual cisgender women's use of force complicates the victim-offender binary. By understanding women who have used force as having both survived and caused harm, rather than “victims” or “offenders,” the authors call attention to the limitations of, and harm caused by, binary approaches. The authors also call for a reconceptualization beyond the binary—challenging established legal and intervention frameworks. To demonstrate the need for this reconceptualization, the authors report on U.S. and Australian legal cases, intervention approaches, and discuss socio-legal systems implications.

JUVENILE JUSTICE-INVOLVED YOUTH AND TRAUMA

Participants will apply knowledge of childhood trauma and adverse childhood experiences as relevant to juvenile justice-involved youth. Participants will practice using their knowledge about trauma to juvenile justice case examples. Participants will collaboratively develop treatment plans using knowledge gained of services available to juvenile justice-involved youth. The majority of this Workshop will be interactive. The first section will involve understanding the impact of childhood trauma on juvenile justice-involved youth. Participants will first be provided a didactic-style overview on the topic. Participants will then participate in facilitated small groups to apply knowledge of trauma to 2 juvenile justice-involved case examples. The framework of the small groups will use mock trial role-play. The second section will focus on services for juvenile justice-involved youth. Participants will be provided a didactic-style overview of services available to juvenile justice-involved youth with a focus on trauma services. Participants will then engage in facilitated small groups to generate treatment and service plans for the 2 case examples. Participants will gain and apply knowledge of how to communicate in a juvenile court setting and how to discuss juvenile justice-involved youth using a trauma-informed framework. Participants will practice their communication of these complex topics in a realistic mock trial role-play. Participants will gain further understanding of trauma services available to youth in the juvenile justice system as well as potential barriers and limitations to obtaining appropriate evidence-based services when practicing in the real world. Exposure to trauma is nearly ubiquitous in the juvenile justice system. Therefore, it is critical that child and adolescent psychiatrists and psychologists understand the impact of trauma exposure on juvenile justice-involved youth. Participants will gain valuable skills through this Workshop so that they can better communicate to the courts how to understand and appropriately intervene when working with traumatized youth involved in the juvenile justice system.

Reducing the Scientific Bench to Judicial Bench Research‐to‐Practice Gap: Applications of Implementation Science to Family Law Research and Practice

As is the case in most fields, the research‐to‐practice gap in family law is wide. The field of implementation science has emerged to attenuate these research‐to‐practice gaps. The goal of this article is to provide an overview of implementation science because drawing from efforts to reduce research‐to‐practice gaps in health care and other related fields can help the family court ameliorate its own. The current article will present an overview of implementation science, focusing specifically on how family law stakeholders can use implementation science to accelerate the implementation of evidence‐based practices, such as universal screening for intimate partner violence and the provision of parent education to divorcing parents, in their court settings. We provide practical examples and recommendations for family law practitioners seeking to implement evidence‐based practices into their settings, and we also highlight opportunities for family law researchers to integrate implementation science into future research.

Reported communication challenges for adult witnesses with intellectual disabilities giving evidence in court

Communication plays a key role in a witness's ability to give evidence and participate in the court process. Adults with intellectual disabilities (ID) can be negatively impacted by communication difficulties such as: limitations in recall abilities; suggestibility to leading questions; difficult question styles used by advocates; and unfamiliar language used within the court setting. Most research carried out on communication challenges for adults with ID, when giving evidence, has involved participants in psychology-based experimental methodology. In this study 19 court reports assessing actual witnesses (complainants and defendants) with ID, written by Registered Intermediaries in Northern Ireland, were analysed. A wide range of communication difficulties were identified for the adult witnesses. Difficulties resulting from communication used by their communication partner (typically the advocate in a court setting) were also described. A rich model of the challenges for both partners, in giving evidence and in cross-examination, is presented, extending previous research. This study highlights the need for research within UK courts to assess: how witnesses with ID are being questioned; the effectiveness of changes made to the court process to enhance communication; the impact of the court process and environment on communication and alternative question styles for advocates to use.

THE NEED FOR VIGILANCE IN BANKING TRANSACTIONS IN THE LIGHT OF PREVALENT FRAUD, MISREPRESENTATION AND PONZI SCHEMES IN THE BUSINESS WORLD The Trustees of the Insolvent Estate of Grahame Ernest John Whitehead v Dumas Case 323/12 [2013] ZASCA 19 Unreported

Numerous persons are inclined to take a risk by making short-term investments that promise substantial profit returns within the shortestpossible time. In this respect people take a gamble and try their luck at whatever opportunity that presents itself. With this growing trend has also arisen fraudsters, whose business is to prey on possible investors by making investments in non-existent business ventures, and large numbers of “investors” have lost vast amounts of money in these get-rich quick schemes. One such example is found in the recent SCA decision of The Trustees of the Insolvent Estate of Grahame Ernest John Whitehead v Dumas (The Trustees of the Insolvent Estate of Grahame Ernest John Whitehead v Dumas GNP (unreported) 2013-03-20 Case no 323/12). The case involved a specialist medical practitioner, Dumas, who made an investment into a fraudulent scheme, having been misled through a misrepresentation by an agent of Whitehead, mastermind behind thefraudulent Ponzi scheme. As a result thereof, Dumas lost a couple of million Rands into the insolvent estate of Whitehead. As illustrated by this case note and the age-old adage that says “a fool and his money are soon parted”, unwary persons could easily lose their hard-earned money. Hence, this case note seeks to enlighten would-be investors of the pitfalls of Ponzi schemes, such as huge financial loss as was experienced by Dumas, and encourage vigilance in making financial transactions. This it does through a critical examination of the Dumas judgment. It especially concerns the legal principles pertaining to monies that are transferred from one bank account to another bank account owing to fraudulent misrepresentation. Primarily, the case note takes a critical view of the manner in which the court applied theselegal principles. While the court, in the authors’ view, properly set out the legal framework, which is sound and correct, it nevertheless went wrong in its application of the law. Therefore, the authors contend that, judged from these very legal principles that the court set out, it nevertheless came to an incorrect conclusion. If left unchallenged, the effect of the judgment will be to set a precedent inappropriately and wrongly that could amount to an unwarranted curtailment of legal protection afforded to persons who are induced by fraud and misrepresentation to transfer money into other people’s bank accounts. In this case note the authors examine the canards of the judges’ reasoning leading up to their decision. As a starting point we examine the factual background of the case, then we move on to the critique and we conclude with the advice.

Augmenting substance use treatment in the drug court: A pilot randomized trial of peer recovery support

IntroductionPeer recovery specialist (PRS) support has been used to varying degrees in community substance use and mental health treatment for a number of years. Although there has been some evidence of positive PRS impacts on client outcomes, previous research has shown inconsistent findings and methodological shortcomings. Given the high prevalence of substance use disorders among people involved in the criminal justice system, and limited available treatment opportunities, PRS support could provide a cost-effective opportunity to promote positive client outcomes. Drug courts, with their focus on treatment and rehabilitation rather than punishment, are an ideal laboratory to test the impacts of PRS on substance use recurrence and recidivism. MethodsThe present study is, to our knowledge, the first experimental test of the PRS model in a justice system setting. We implemented a pilot experiment in the Philadelphia Treatment Court, randomizing 76 drug court participants to be linked to a PRS or to services as usual, and analyzed client outcomes over a nine-month follow-up period. Most participants' drug of choice was marijuana. ResultsThe results showed a reduction in rearrests and improvement in drug court engagement, but no impact on substance use recurrence or treatment engagement. ConclusionsThe mixed findings suggest some promise for the PRS model in the drug court setting, but the need for further research with more diverse and higher-risk drug court populations.

BUDDHISM, THE ROYAL IMAGINARY AND LIMITS IN WARFARE: THE MODERATING INFLUENCE OF PRECOLONIAL MYANMAR ROYAL CAMPAIGNS ON EVERYDAY WARRIORS

ABSTRACT Rules on the treatment of civilians and other non-combatants in conflict are often attributed to Western origins, particularly the increasingly widening circles of empathy that grew out of the European Enlightenment and found international implementation in the twentieth century. Nevertheless, such limits were pursued or encouraged by many non-Western societies as well, particularly amongst indigenous Americans. The present article examines the case of Myanmar and the ways in which the Myanmar court set limits on violence in administration and limits on warfare. These limits were not an imposition of the West but emerged entirely within the Myanmar-Buddhist historical experience. It is argued that these provide an existing, discernible and indigenous model for limiting violence in warfare in Myanmar society. The article also explains why this model was forgotten. The removal of the king and disintegration of the standing army that came with the end of indigenous rule in 1885 did away with crucial moderating influences, while the violence of the brutal Pacification Campaign from 1885 erased from Burmese social memory the idea that there could be limits in warfare.

Misinterpretation of Section 304A IPC vis-a-vis 304IPC in medical Negligence cases – Deliberate or Inadvertent?

Negligence is specific tort and in any given circumstances is the failure to exercise that care which the circumstances demand. What amounts to negligence depends on the facts of each particular case. The degree of care required in a particular case depends upon the surrounding circumstances, and may vary according to the amount of risk to be encountered and to the magnitude of the prospective injury. A basic knowledge of how judicial forums deal with the cases relating to medical negligence is of absolute necessity for doctors. The need for such knowledge is more now than before. In light of higher premium being placed by the Indian Forums on the value of human life and suffering, but sometimes misinterpretations are done deliberately or inadvertently when the doctors are charged for culpable homicide not amounting to murder (304 IPC) instead of medical negligence (304 A IPC). A case of medical negligence is being discussed in which a gynaecologist has been charged for 304IPC instead of 304A IPC. The scenario was that, the patient died after readmission in private hospital, who had delivered a healthy baby, managed properly and discharged by the Gynaecologist and suffered undiagnosed complications after discharge at home. The charge was framed that the doctor was absent from the hospital and the case was handled by nurses on telephonic conversation with doctor. Earlier also the doctors had been prosecuted under 304IPC instead of 304A IPC in lower courts and even high courts (e.g. Jacob Mathews V. State of Punjab, Dr. Suresh Gupta V. Govt. of NCT Delhi). But in many cases, finally Supreme Court set aside the judgement of high court and held that the doctors could not be criminally prosecuted.

Terrains of legality and sovereignty: adjudicating the ownership of Western Sahara’s phosphate in South Africa

ABSTRACT This article considers the case of the NM Cherry Blossom, a bulk carrier that docked in South Africa loaded with phosphate cargo from Western Sahara. The Sahrawi Arab Democratic Republic argued that the phosphate cargo was pillaged from the non-self-governing territory, and a South African court set out to determine ownership. This article analyses South Africa’s recognition of the Sahrawi state’s sovereignty as it pertains to determining the ownership of the phosphate in question. This recognition subsequently creates legal and political possibilities based on sovereignty that is not mediated through or reliant upon the United Nations. I argue that we must attend to jurisdictional histories and contexts in order to consider the scope of new political possibilities for decolonisation struggles.

Reviewing the Speaker's Decision: A Brief Synopsis of UDM v Speaker of the National Assembly 2017 5 SA 300 (CC)

In United Democratic Movement v Speaker of the National Assembly 2017 5 SA 300 (CC), the Constitutional Court set out certain factors that the Speaker of the National Assembly must consider when deciding the manner in which voting in a motion of no confidence proceeding must be conducted. These factors would ostensibly also be relevant when the Speaker's decision as to the proper voting procedure is reviewed in future.
 This note considers the law governing the review of the Speaker's decisions and finds that although the Speaker's decision is reviewable in South African law, after the UDM decision there is still uncertainty as to whether the Speaker's decision can be reviewed only on the basis of legality or whether it constitutes administrative action reviewable in terms of PAJA. Furthermore, the Court's exposition of certain factors against which the Speaker's decision can now be reviewed creates uncertainty as to whether the review in terms of legality is a basic rationality review as is generally the case or a stricter form of review closer to review that is possible under PAJA.
 The argument is that the potential of reviewing the Speaker's decision on the basis of a number of factors that in totality appears to set out a test that is stricter than a basic rationality test may hold severe implications for the separation of powers doctrine, as it now appears that the Court is increasing its supervisory jurisdiction in a manner that is not fully substantiated. Although the Court, or courts in general, has the power to review the exercise of public power in a system of constitutional supremacy, it should consider the impact that its judgments may have on co-equal branches of government, as a failure to do so may negatively impact on the relationship between the different branches of government and dilute the already frayed separation of powers doctrine.

Misinterpretation of Section 304A IPC vis-a-vis 304IPC in Medical Negligence Cases – Deliberate or Inadvertent?

Negligence is specific tort and in any given circumstances is the failure to exercise that care which thecircumstances demand. What amounts to negligence depends on the facts of each particular case. The degreeof care required in a particular case depends upon the surrounding circumstances, and may vary accordingto the amount of risk to be encountered and to the magnitude of the prospective injury. A basic knowledge ofhow judicial forums deal with the cases relating to medical negligence is of absolute necessity for doctors.The need for such knowledge is more now than before. In light of higher premium being placed by the IndianForums on the value of human life and suffering, but sometimes misinterpretations are done deliberatelyor inadvertently when the doctors are charged for culpable homicide not amounting to murder (304 IPC)instead of medical negligence (304 A IPC). A case of medical negligence is being discussed in which agynaecologist has been charged for 304IPC instead of 304A IPC. The scenario was that, the patient died afterreadmission in private hospital, who had delivered a healthy baby, managed properly and discharged by theGynaecologist and suffered undiagnosed complications after discharge at home. The charge was framed thatthe doctor was absent from the hospital and the case was handled by nurses on telephonic conversation withdoctor. Earlier also the doctors had been prosecuted under 304IPC instead of 304A IPC in lower courts andeven high courts (e.g. Jacob Mathews V. State of Punjab, Dr. Suresh Gupta V. Govt. of NCT Delhi). But inmany cases, finally Supreme Court set aside the judgement of high court and held that the doctors could notbe criminally prosecuted.

Legal Barriers and Re-Victimization for Survivors of Intimate Partner Violence Navigating Courts in Utah, United States

Even though the majority of intimate partner violence (IPV) incidents remain unreported and unprosecuted, survivors find themselves navigating the legal system. One hundred and two survivors and service providers participated in semi-structured focus groups or interviews related to their IPV-related court experiences. Data analysis consisted of identifying themes, coding categories, and developing matrices. Themes included: (1) insufficient legal representation, (2) protection order access and enforcement, (3) revictimization in court settings, and (4) disparities in accountability. Participants pointed to a failure to enforce protection orders, mandated child visitation with perpetrators, and lenient sentencing as evidence that the legal system favors perpetrators. Findings indicate the need for IPV education for court personnel, as well as the expansion of public assistance and pro bono legal services.

Family‐Centered Practice in Adult Treatment Courts: What Can We Learn from the Family Treatment Court Best Practice Standards?

AbstractEstimates suggest that upwards of 50% of participants in adult treatment courts (ATC) are parents. Previous studies point to negative impacts of unmet parenting needs on substance use treatment and criminal justice outcomes, and that family‐centered practices such as parenting classes substantially reduce recidivism among ATC participants. Judges and team members interested in adopting family‐centered practices in their ATC program may be unsure where to begin. One recent source of information regarding evidence‐based, family‐centered practices in treatment court settings is the Family Treatment Court (FTC) Best Practice Standards. The FTC Standards suggest adopting a family‐centered mission, expanding partnerships with child‐ and family‐serving agencies, discussing parenting and family roles during hearings, implementing family‐centered case management, and considering the effect of therapeutic responses on children and families. Building on the ATC Standards, the flexibility inherent in voluntary court programs, and existing community partnerships creates a pathway toward family‐centered practice in criminal settings.

Legal Protection of Uighur Muslim Ethnics in China from Perspective Human Rights

Legal protection of ethnic Uighurs in Xinjiang, China in the perspective of Human Rights and to find out and study the resolution of cases of gross international human rights violations against ethnic Uighurs in Xinjiang, China. Legal protection of ethnic Uighurs based on Article 3,4,5,9,10,11, Universal Declaration of Human Rights by providing protection in the form of protection of the right to life, rights to freedom, and the right to self-security, etc. which is regulated in international legal instruments. 2) gross human rights violations committed by the Xinjiang government, China are not justified by international law because they violate the provisions stipulated in the subsequent Universal Declaration of Human Rights for incidents of human rights violations, then the dispute resolution between the two parties is carried out by negotiation or mediation first first If this method is not effective, the UN Security Council can submit the case to an international court such as the International Criminal Court set out in article 1 of the 1998 Rome Statute.