Court Users Research Articles

What's emotion got to do with it? Reflections on the buildings of the Portuguese (Family) Courts.

Courthouses, as public edifices, serve as the physical backdrop for the administration of justice. Simultaneously, they are spaces inhabited and visited by a diverse array of court users, ranging from judicial professionals to litigants. This article explores the nuanced interplay between courthouse spaces and the emotional experiences they generate. It starts by surveying existing studies that examine such an intricate relationship. Then, and by drawing from a sample of interviews conducted across two distinct time periods (2010-2011 and 2017-2019) in Portugal, the article delves into the lived experiences of judges, prosecutors, and litigants. Their narratives provide a multifaceted view of the emotional experiences associated with the Portuguese (Family) Court buildings. To analyse these experiences, I turn to Henri Lefebvre's concept of lived space. Lived space refers to the emotions, memories, and interactions within a particular spatial context. Such dimension, in relation to courthouses, directly connects to the lived experience of legitimacy loss and low self-esteem affecting decision-making, on the one hand, and estrangement and rights' exclusion, on the other hand, felt by those subjects. By investigating how the spatial configurations of courthouses shape our emotions, we gain insights into the profound impact of such built environments on our understanding of the justice system, and the physical and symbolic obstacles in accessing it.

Family Courts in England & Wales: A population-level evidence base about court users who experience domestic abuse

ObjectivesThe caseload of family courts in England and Wales includes a growing share of domestic abuse cases. To increase knowledge about such cases, the research uses new administrative datasets and linkages. Trends between 2011-2021 are examined in the context of policy and operational changes. MethodThe complete set of family court cases is held in HM Courts & Tribunals Services (HMCTS) systems. Some family court data are collected by the Children and Families Court Advisory Support Service (Cafcass), insofar as courts refer the case to Cafcass. Using their new linkage, we conduct a descriptive analysis of domestic abuse cases in England and Wales over the ten years from 2011. This project is one of the first to gain approval from HMCTS to use their de-identified family court data. ResultsThe data linkage allows to describe how court users approach domestic abuse matters, drawing distinctions between: emergency cases; lack of legal representation in court (litigants in person); repeat applications; presence of children in the household. Furthermore, the data show how courts respond through case management, timeliness of decisions and legal outcomes made. The policy context reveals how court users adapted to changes in eligibility for civil legal aid and to changes over how courts operated under lockdown measures. ConclusionData linkage research is providing an evidence base at population level about court users in England and Wales who experience domestic abuse. This can help inform practice to support families, and policies to ease overburdened courts and avoid returns to court.

Justice is Blind and So is Her Architect: Canadian Courthouse Designs and their Socio-Spatial Implications

The imposing design of modern Canadian courthouses reflects the adversarial nature of the Canadian criminal justice system. This paper critically examines how excessive surveillance and security tactics, physical segregation in courtrooms, and restrictions on religious clothing inadvertently harm court users. Drawing on a blend of social sciences and architectural design theory, the analysis recommends greater efforts on behalf of the courts to ensure safe and meaningful victim participation, allow room for agencies assisting accused individuals or victims, and support opportunities for restorative justice. Courts are living, breathing social spaces which influence the administration of justice. As such, this paper argues that courthouses should be adaptable and evolve to address the needs of a transforming legal landscape. Overall, the judicial process is a distressing experience for all of the parties involved. Shifting to a more progressive and inclusive courthouse design is a key step in embodying the justice system that Canada needs.

Kids, courts and canines: Evaluating the Justice Facility Dog Program through a therapeutic lens in the Perth Children's Court

Court environments can be stressful and induce anxiety in victims, witnesses, and other court users. Taking heed from justice facilities in other jurisdictions, the Children's Court of Western Australia introduced Winston, a justice facility dog, at the Perth Children's Court facility to help reduce the stress and anxiety of victims, witnesses, and court users. This article presents survey ( n = 55) and interview data ( n = 17) from staff and stakeholders who reported positive changes in the court atmosphere, with limited negative impacts on the running of the court. Surveys were also conducted with child victims/survivors ( n = 13), caregivers ( n = 44), and other court users (including accused young people; n = 23). Children and caregivers’ results indicated significantly reduced stress and anxiety levels associated with attending the Children's Court after interacting with the facility dog. When analysed through a lens of therapeutic jurisprudence, the positive impacts on court-user well-being and limited impact on the court and legal processes solidified the therapeutic principles of the program. The findings of this study highlight that justice systems could implement similar positive therapeutic programs at other courts to reduce negative impacts on people attending and working at the facilities.

The power of compassion: a judicial reflection on wellbeing and the court

This article explores the stress, vicarious trauma, and burnout experienced by judicial officers and their need for protective skills. Compassion is one skill that can be incredibly beneficial. Compassion involves recognising a person’s suffering, and ‘turning towards’ the sufferer. This has been said to be ‘neurologically rejuvenating’. In contrast, empathy alone can lead to distress and generate burnout. There are three pillars of compassionate practice: (1) procedural fairness; (2) judicial engagement; and (3) other therapeutic jurisprudence approaches and court programs. The authors, both experienced judicial officers, have experienced how compassionate practice can inspire offenders to achieve rehabilitation goals. These practices can also be implemented in traditional court lists by judicial officers acknowledging the possibility of suffering of court users and empowering them by judicial engagement and granting them agency. A compassionate approach to justice can improve judicial effectiveness, health, and the fostering of a healthy work environment.

Justice metamorphosis: Moving from reactive to proactive strategies to remotely protect families from intimate partner violence

AbstractThe pandemic accelerated the adoption of remote access to courts through e‐filing and virtual hearings. Concurrently, courts experienced an increase in intimate partner violence cases due in part to heightened stress during the pandemic. Virtual technology became crucial for individuals seeking relief from harm when traditional support systems were limited. However, remote proceedings lack the personal connection found in‐person, making it challenging to handle complex cases involving parenting and intimate partner violence. Courts must strike a balance between protecting parents and children from abuse and ensuring due process and appropriate parenting time for the accused party. Some courts have considered the user experience in intimate partner violence and parenting cases, but as remote justice become the norm, it is essential for all courts to evaluate and refine the tools, policies, and procedures put in place during the emergency response to the pandemic to be more proactive in supporting court users. State courts in Kansas, North Carolina, and Arizona are cited as examples for efforts to enhance remote justice efficiency and quality in these cases involving intimate partner violence and parenting. Further research is recommended to explore the challenges and possibilities of using virtual technology in these situations.

The emotional labour of judges in jury trials

AbstractJudges are required to suppress and manage their own emotions as well as those of other court users and staff in their everyday work. Previous studies have examined the complex emotional labour undertaken by judges, but there is limited research on the emotion management performed by judges in their interactions with jurors. Drawing on a qualitative study of judge–jury relations in criminal trials in Ireland, we illustrate how judges learn and habituate emotional labour practices through informal and indirect processes. Judges described managing their emotions to demonstrate impartiality and objectivity. Their accounts also underline the importance of balancing presentations of neutrality with empathy, as well as being mindful of the potential emotional toll of jury service on jurors.

Language and power

Abstract This article investigates the power dynamics at play in interpreter-mediated discourse interactions in the district courts in Ghana. Using audio recordings of authentic courtroom proceedings, we analyzed the discursive practices performed by court actors, especially interpreters, and the ways in which these practices signal their power or the lack thereof. We also examine the way language is employed by dominant actors to intrude on the liberty of less dominant actors in the courtroom and how this is sometimes resisted by the latter actors. We couch our analyses in Fairclough’s theory of language and power and Obeng’s theory of language and liberty. Our analysis shows that interpreters in Ghanaian courts are tacitly imbued with an inordinate amount of power, which is exercised in the service of the courts. The interpreters in our study employ speech acts such as questioning, scolding and persuading to control the discursive behavior of lay court users (e.g., litigants, witnesses) in order to ensure efficient court proceedings. These acts impinge on the liberty of litigants as they are not free to engage the court in a manner suitable to them. This study raises questions about the interpreter’s neutrality and professionalism and its findings could be useful to those entities interested in improving legal interpreting standards.

ASSESSING THE EFFICACY OF COURT-ANNEXED MEDIATION IN DISPUTE RESOLUTION WITHIN ANGELES CITY

This paper conducts an in-depth investigation into the status of Court-Annexed Mediation in Angeles City, employing a multi-faceted approach that encompasses a comprehensive literature review, interviews with experienced dispute resolution practitioners, and a survey targeting court users. The study aims to elucidate the existing landscape of Court-Annexed Mediation, its inherent advantages, as well as the notable challenges that have impeded its full-scale adoption. The research findings underscore the immense potential of Court-Annexed Mediation, yet reveal that its implementation in Angeles City remains constrained primarily due to infrastructure deficiencies, a shortage of qualified mediators, and limited awareness of this beneficial process among court users. KEYWORDS: Court Annexed Mediation, Dispute. Dispute Resolution

Data First: Family courts data - An exploratory analysis of the nature and extent of repeat use of the family courts from 2011 to 2020 in England and Wales

ObjectivesAs people move through the courts and other justice services a wealth of administrative data is created which can provide critical new insights on justice system users, their pathways, and outcomes. Data linkage and widening access can maximise its value for research in the public good and to inform policy.
 MethodData linkage has, for the first time, matched parties involved in family and civil law to criminal justice, enabling cross-cutting research opportunities. This data is available to researchers via Trusted Research Environments and these partnerships can build our capacity to derive policy-relevant findings. The administrative data from the family courts in England and Wales provides a joined-up picture of people involved in family law cases such as public law, private law, adoption, Family Law Act, and divorce. The team have published research showcasing the potential of this data and the presentation will primarily focus on this work.
 ResultsThe family court dataset has enabled, for the first time, the extent and nature of repeat users to be explored at scale for research. This analysis provides better understanding of the stability of outcomes for children where courts make decisions about their care. We have conducted exploratory analysis of which parties in family law cases in 2011 returned over the following decade. The research investigates the frequency of return to court following involvement in different case types and roles, and transitions between case types. Locality-based analysis highlights important insights into varied patterns across England and Wales, which highlights an over-representation of family court users in some case types and roles residing in the most deprived areas in England and Wales compared to the general population.
 ConclusionLinked administrative data can drive new insights into justice system use. Initial exploration has delivered new evidence on family justice that advances our understanding of real-world patterns, but also raises more questions. Collaboration across sectors can ensure this rich resource informs the evidence base for government policy and practice.

PERANCANGAN APLIKASI PENGECEKAN DAN PEMESANAN LAPANGAN BASKET DI JAKARTA BERBASIS ANDROID

Basketball is one of the most popular sports today. The community loves playing basketball, especially among youths.That is one of the reasons why basketball offers chances to operate a basketball court leasing company. One of the requirements for beginning a basketball court leasing company is the high level of community involvement.If the desired basketball court has already been ordered, the prospective tenant will need to find another court, according to observations made with basketball court providers and field users. Another issue is that it is still difficult for prospective basketball court users to learn about the courts that are currently available. The field supplier also has challenges; for instance, they continue to manually record orders. As a result, the best way to address the issues at hand is to develop information technology, such as an Android-based basketball court checking and booking application, which would make it simpler for potential tenants to make field reservations and access data about schedules, locations, and court prices.It is believed that the application will help field service providers and renters make the field order procedure very effective. This application's development makes use of the Android Studio program and the MySQL database.

Reimagining communication and elicitation strategies in private family proceedings

ABSTRACT The article focusses on communication and discursive practices in private family proceedings with the aim of exploring procedural barriers obstructing court users from sharing their stories and having their voice heard. Drawing on survey and interview data in combination with the linguistically driven empirical method – ethnography of communication, the discussion illustrates the discrepancy between communicative aims of court users and communicative aims of individual procedural stages. The article expands on how information and narratives are currently elicited from court users and proposes how procedural changes could accommodate more effective elicitation strategies and enhance procedural justice tenets.

Development of an Android Application-Based Marketing Management Information System for FIK UNY Tennis Courts to Increase the Promotion

This research is development research with the 4 D approach model, namely: define, design, develop, and disseminate. Data collection techniques were obtained from observation, interviews, and questionnaires. The subjects of this study were users of FIK UNY tennis courts which included permanent users, Selabora coaches, Selabora students, parents of Selabora students, UNY Tennis UKM, incidental users, and tennis court management admins of FIK UNY. Research data analysis techniques were obtained from questionnaires that had been filled in by media experts, material experts, and tennis court users at FIK UNY. The results of this study are an android-based FIK UNY tennis court marketing management application product. The feasibility level of this product is known through the material expert validation assessment with the Very Eligible category, while the results of the media expert validation assessment with the Eligible category. This product also went through a small-scale test, and a large-scale test, with the results of the two-scale tests in the Very Eligible category. The results of the validity test with a value of 0.875 and the reliability test were obtained with a Cronbach's Alpha value of 0.618, so it can be concluded that the instruments that have been compiled are declared valid and reliable. Based on the results of the effectiveness test, shows that the calculated g value is 0.5072,

Investigating trial spaces: Thinking through legal spatiality beyond the court

AbstractThis paper examines how the spaces through which legal trials take place shape attitudes towards justice. There has been a growing academic interest in the role of courts in configuring the relationships between trial participants and consequently reproducing pre‐established hierarchies of power. This paper builds on this work to consider the spatiality of trials from the perspective of a particular group of court users: defendants. Drawing on qualitative data drawn from a longitudinal study conducted in prisons in England and Wales, the paper examines how defendants perceive trial spaces, exploring in particular how such insights expand beyond the narrow focus on the courtroom to draw in experiences of transportation, holding cells, bodily restrictions, and the provision of food. In doing so, we seek to contribute to debates concerning penal consciousness, whereby the subjectivity and embodiment of individual participants illuminate differential experiences of the material and legal nature of trial processes. The paper concludes by emphasising how a focus on penal consciousness can help to address perceptions of the injustice of trial outcomes while improving the accessibility of courts.

Navigating the Intersection of Scepticism, Gender Blindness, and Ethnocentricity in the Asylum Tribunal: the Urgent Case For Empathy Enhancement

Abstract Adopting a critical legal studies position, informed by procedural justice theory, this article argues that the intersection of scepticism with ethnocentric and gender-blind expectations of behaviour from tribunal judges impacts the fairness of proceedings, to the particular detriment of women asylum-seekers in the UK. Procedural justice theorists argue that fair procedures help court users to accept adverse outcomes. Yet an attempt to apply these principles to the asylum tribunal where there is no common experience and where decision-making occurs within a culture of disbelief proves futile. This analysis is informed by the experiences of 14 women who appealed an adverse asylum decision before the tribunal. It is evident that whilst judicial discretion allows judges to make procedural enhancements, this leads to inconsistency (itself a marker of unfairness) and the opportunity for an appellant to rebut assumptions through meaningful participation is rarely available. It is argued that principles of procedural justice need to be tailored in the specific context of asylum. Empathy-informed reasoning is urgently required. This needs to be embedded, through training, guidelines, and greater accountability. Without such enhancement, the tribunal appears to lack impartiality and serves only to replicate the flaws of initial decision-making.

Perceptions of Justice By Algorithms

Artificial Intelligence and algorithms are increasingly able to replace human workers in cognitively sophisticated tasks, including ones related to justice. Many governments and international organizations are discussing policies related to the application of algorithmic judges in courts. In this paper, we investigate the public perceptions of algorithmic judges. Across two experiments (N = 1,822), and an internal meta-analysis (N = 3,039), our results show that even though court users acknowledge several advantages of algorithms (i.e., cost and speed), they trust human judges more and have greater intentions to go to the court when a human (vs. an algorithmic) judge adjudicates. Additionally, we demonstrate that the extent that individuals trust algorithmic and human judges depends on the nature of the case: trust for algorithmic judges is especially low when legal cases involve emotional complexities (vs. technically complex or uncomplicated cases).

The importance of being heard Stories of unrepresented litigants in small claims cases and private family proceedings

e article explores narrativisation practices in small claims cases andprivate family proceedings, focusing predominantly on cases where at least oneof the parties is not represented by a lawyer. By drawing on the data collectedduring court observations and analysed using the ethnography of communicationas the main methodological framework, the study identifies narrative genresacross different stages of legal proceedings and illustrates communication barriersexperienced by lay court users. The discussion focuses on how formalised narrativegenres and the staggered presentation of narratives impact the degree to whichcourt users can use their voice. The article also links the notion of voice projectionto procedural justice and suggests that the main narratives should be elicitedsooner as part of an open narrative strategy to ensure the court users’ voices areheard by the judiciary in the initial stages of the proceedings.

Designing for Trust: Role and Benefits of Human-Centered Design in the Legal System

For laypeople, the experience of courts can be confusing, intimidating or even aggravating. Court users are often overwhelmed because their needs are secondary to procedural or organizational needs. This perception is even more acute for court users with special or additional needs, such as those with past trauma, cognitive impairment or socio-cultural barriers. As a result, with trust in organizations potentially diminished, the effectiveness of the legal system can be undermined. This research seeks to advance our understanding of the nature and role of human-centered design as an approach to innovation, supporting change in the legal system while creating or maintaining trustworthy environments. Human-centered design prioritizes human needs by enabling meaningful interactions in legal environments across the entire user journey, not just in the courtroom. We identify five levers and two levels of design which enable human-centered design to improve court environments and ultimately help build trust of court users within the legal system.

The Journey to Comprehensibility: Court Forms as the First Barrier to Accessing Justice

The article explores the comprehensibility of court forms by providing a quantitative overview and a qualitative analysis of such syntactic characteristics as length and structure of sentences and noun phrases. The analysis is viewed in the broader context of genre characteristics of court forms, their role within legal proceedings, and their function for eliciting narratives from court users. The findings show that while the elicitation strategies are not always coherently aligned with the guidance sections, the guidance itself condenses legal and procedural information into overly complex and verbose syntactic constructions. Comprehensibility barriers are thus created through breaks in information flow, ambiguous syntactic constructions, missing information and misalignment between questions and guidance. Such comprehension challenges have a negative impact on the potential of court users to effectively engage with legal proceedings.

Closing Open Government: Grassroots Policy Conversion of China’s Open Government Information Regulation and Its Aftermath

How and when do opportunities for political participation through courts change under authoritarianism? Although China is better known for tight political control than for political expression, the 2008 Open Government Information (OGI) regulation ushered in a surge of political-legal activism. We draw on an original dataset of 57,095 OGI lawsuits, supplemented by interview data and government documents, to show how a feedback loop between judges and court users shaped possibilities for political activism and complaint between 2008 and 2019. Existing work suggests that authoritarian leaders crack down on legal action when they feel politically threatened. In contrast, we find that courts minted, defined, and popularized new legal labels to cut off access to justice for the super-active litigants whose lawsuits had come to dominate the OGI docket. This study underscores the power of procedural rules and frontline judges in shaping possibilities for political participation under authoritarianism.