Court Experience Research Articles

Competency courts: a creative solution for restoring competency to the competency process

It is well accepted that jail is a poor setting for treating the acutely mentally ill, yet the number of mentally ill persons in jail has increased such that Los Angeles County Jail and Riker's Island in New York house more mentally ill than any psychiatric hospital. The number of mentally ill persons charged with a crime whose competency to stand trial is in question has also increased dramatically. Inefficiencies within the competency process result in mentally ill persons charged with crimes remaining in jail longer than necessary. One solution is "competency court", a specialty court within a mental health court. The same judges, attorneys, and mental health professionals staff both courts. By combining their Mental Health Court experience, they can work with the mentally ill using their expertise in competency law and processes, and thereby improve the competency process and reduce the unnecessary time that mentally ill persons spend in jail.

Of Shrines, Memorials and Museums: Using the International Criminal Court's Victim Reparation and Assistance Regime to Promote Transitional Justice

This article reviews and critically assesses the Rome Statute's complex victim and assistance regime. The regime is a dual one, characterized by its reliance both on International Criminal Court ordered and Victims Trust Fund provided Both logics raise a series of quantitative, qualitative, scope and contextual problems which are very imperfectly answered at present. In particular, there is a risk that the broader needs of transitional justice will be omitted as falling neither under reparation or assistance. Rather than address the issue of the best reparations/assistance regime in the abstract, the article explores the real-world potential of a particular form of transitional practice, namely the construction of shrines, memorials and museums to commemorate victims of mass crimes. It finds that there are complex ties between the construction of such and both memory, transitional justice, and indeed victim expectations. Moreover, there is a discreet but constant practice of fitting the building of such commemorative both within judicial theories of responsibility/reparation, and less formal processes of reckoning with the past such as truth commissions. The experience of the Inter-American Court of Human Rights in ordering monuments as reparations is highlighted as evidence of an innovative international best practice. The article seeks to assess how this experience could be transferred to the ICC/VTF context. It finds that although additional complexities arise, there is no reason in principle why the Rome Statute's victim reparation/assistance regime could not order or encourage the building of so-called sites of conscience. To do so would better manage victim expectations, make good use of scarce resources, address collective victim needs, make sense symbolically of the harm caused, provide a more complex narrative of events than international criminal verdicts, highlight multiple causes and responsibilities, and help distinguish the ICC/VTF's efforts from competing initiatives. It would, in other words, help better integrate international criminal justice with transitional justice goals.

South African Law of Evidence as it Applies to the Child Witness: A Critical Evaluation

This article examines aspects of the South African criminal justice system which are of particular relevance to the child witness, and the reception of testimony by the court. The author focuses on: 1) the need to prepare the child witness for the experience in court, 2) establishing the competence of the child witness, 3) the procedure for swearing in a child who does not understand the religious sanctity of the oath, 4) the use of an intermediary to convey the child's testimony to court, 5) circumstances in which the child does not have to enter the court room to testify, 6) the admissibility of pre recorded videotaped statements of the child witness, 7) the evaluation of the child's evidence, and 8) whether the adversarial model of criminal justice is appropriate in the context of the child witness. The article concludes by suggesting that reform is needed in these areas.

The Victim-Witness Experience in the Special Court For Sierra Leone

This paper reports the findings of an interview study of 144 victim-witnesses who testified in the Special Court for Sierra Leone (SCSL). Witnesses expressed satisfaction with the preparation they received for testifying from their lawyers, particularly appreciating emotional support, as well as practical preparations. Victim-witnesses generally evaluated their interactions with all court staff positively, and reported feeling well-treated by the Court. The experience of cross-examination was difficult for a large proportion of witnesses in the current study, but an even larger group of witnesses reported the experience to be positive. For some witnesses, the experience of successfully coping with the challenge of cross-examination may be empowering. The feelings reportedly experienced by witnesses during their testimony are similarly mixed: a large proportion reported painful feelings, but others reported feeling confident, relieved and happy when they testified. The importance of continued post-testimony contact with witnesses is supported by the current study; witnesses expressed a strong desire for ongoing contact with the SCSL. According to witnesses' own evaluations, their security was not negatively affected by their involvement with the court. This indicates that the SCSL has been largely successful in its attempt to protect the identities of those who testify in its trials.

Wired for Sex: The Neurobiology of Drosophila Mating Decisions

Decisions about whom to mate with can sometimes be difficult, but making the right choice is critical for an animal's reproductive success. The ubiquitous fruit fly, Drosophila, is clearly very good at making these decisions. Upon encountering another fly, a male may or may not choose to court. He estimates his chances of success primarily on the basis of pheromone signals and previous courtship experience. The female decides whether to accept or reject the male, depending on her perception of his pheromone and acoustic signals, as well as her own readiness to mate. This simple and genetically tractable system provides an excellent model to explore the neurobiology of decision making.

Proportionality in Decentralized Action;the Dutch Court Experience in Free Movement of Services and Freedom of Establishment Cases

National courts are of vital importance for the effectiveness of European law. In general, they are supposed to handle the bulk of the cases in which European law comes forward, a logical result following the development of the (direct) effects of European law in the national legal order. Several authors in the European law doctrine observed a notable variety of review intensity by the Court of Justice of the European Communities (hereafter: the Court) on the proportionality principle in handling free movement cases. Sometimes the Court employs an intense test; other times the approach of the Court is remarkably restrained. Also, in cases that concern a similar field of the law, this variety may be observed. The general line of the Court is considerably clear, but the review intensity also tends towards being a sort of ‘black box’. This constitutes a problem for the effectiveness of European free movement law at a decentralized level, at national courts. Research into the Dutch court experience demonstrates that it seems as if it is not completely clear how national courts should apply the proportionality principle à l’européen. This contribution concentrates on the application of the proportionality principle by Dutch courts when handling free movement of services and freedom of establishment cases. A few general lines will be identifi ed on the basis of this case–law and some suggestions for the Court on the basis of the decentralized application will be put forward.

Textual Disruption in Anna Trapnel's Report and Plea (1654)

I1654 witnessed the publication of a series of four texts by and about Anna Trapnel, a Fifth Monarchist prophet and polemicist. This article examines the last of these texts to be published: Anna Trapnel's Report and Plea, which appeared in or after September 1654.1 The Report and Plea gives an account of a journey to Cornwall undertaken by Trapnel in February or March of the same year and of her subsequent imprisonment in Bridewell, London. Most of the recent critical attention paid to the Report and Plea addresses the ways in which Trapnel uses her spiritual experiences of religious ecstasy and her secular experience of courts of law in Cornwall and London to construct a form of female discursive authority.2 Several of these accounts note that Trapnel's physical body forms an integral part of her polemical attacks upon the 'Clergie and Rulers', as self-starvation and self-display are used to affirm her status as a godly prophet.3 This article, however, seeks to use a different physical form - that of the text itself - as the starting point for an interpretation of the Report and Plea. It argues that a textual approach to Trapnel's writing provides an unexplored avenue into the career of a woman whose self-conscious attitude towards the text informs both the material form and the rhetoric of her narratives.Anna Trapnel's Report and Plea is a quarto some sixty pages in length composed, for the most part, of four-leaf gatherings. There are two exceptions: the final gathering (marked 'I') consists of just two leaves, and another two-leaf gathering, marked 'd', appears between the D and E gatherings. The d gathering (shown at figure 1) forms the initial focus of my enquiry into the Report and Plea. At first sight, the material contained in this gathering appears to be a straightforward continuation of the narrative of the Report and Plea. The D gathering provides an account of Trapnel's evangelical activities in Cornwall and the animosity expressed by the local clergy towards her. It also informs readers that Trapnel was assaulted by local magistrates as she lay in a trance, and that she was summoned before the Quarter Sessions in April 1654, in spite of representations made to the justices of the peace by her friends. The short gathering marked 'd', which follows the D gathering, recounts Trapnel's experiences at the sessions house. It provides a verbatim transcript of the magistrates' questions and Trapnel's bold and witty responses to them. The E gathering, which follows the d gathering, describes the aftermath of Trapnel's Quarter Sessions hearing and her removal from Cornwall at the orders of the Council of State. Trapnel's story thus progresses, in chronological sequence, through these three gatherings.The textual evidence suggests, however, that the d gathering is more peculiar and disruptive than this neat narrative progression would, at first, appear to suggest. For example, both the d gathering and the first four pages of the E gathering are numbered 25-28. Taken in isolation, such a repetition in pagination would not necessarily provide cause for further speculation; it might be taken, for instance, as nothing more than a mistake on the part of the printer. But as well as the odd pagination of the d gathering, and the fact that the letter given to the gathering clearly falls outside the alphabetical sequence that runs through the rest of the text, several other signals point towards its unusual textual nature. For instance, the material contained in this gathering has clearly been typographically compressed to fit into two leaves: the type used to print both sides of d2 is considerably smaller than that used either for the D gathering or for d1. Other typographical features also distinguish the d gathering from the rest of Trapnel's pamphlet. The account of Trapnel's Quarter Sessions hearing which is contained in this gathering is set out on the page in quasi-dramatic form, creating the impression that the text gives unmediated access to both Trapnel's words and those of her judges. …

Female Recidivists Speak About Their Experience in Drug Court While Engaging in Appreciative Inquiry

Eleven female drug-court participants looked at current and past experiences to assess their program and envision future program innovations. From these women's perspective, the strongest component of drug court was being surrounded by staff dedicated to their progress and recovery. Graduated supervision and accurate drug testing were appreciated rather than resented when the participants were not humiliated and were treated with respect. Wraparound services, resources, and referral; treatment facilities that accepted children; and individualized treatment plans and therapy with offenders who are ex-addicts, and preferably females, allowed for greater involvement and active participation in recovery. Progressing through three phases, acquiring skills, a job, and visitation rights to see their children or regaining custody, increased these women's sense of self-efficacy perception and confidence in their ability to lead a drug-free, meaningful life. Findings show the importance of qualitative criteria in evaluating drug-court participants' progress and the process of recovery.

TOWARDS A NATIONAL STANDARD FOR TREE RISK INSPECTIONS

Summary The need for tree inspections for the purpose of safety assessments is justified in this paper by the author's experience of being responsible for a tree that failed and caused a fatality. It also appears to be endorsed by a number of recent high profile cases. The need for standardised tree inspection and safety assessment methodology and associated training is presented as a result of the author's experience in Court and a survey conducted by Lantra Awards in 2005. A description of two tree inspection and safety assessment training courses at basic and professional levels available from Lantra Awards is presented along with the steps they went through in the development process. It is generally accepted that passing the examination that is part of the professional tree inspection course, is evidence of the competence of tree inspectors who make the final decision in tree safety issues.

A Specialized Domestic Violence Court in South Carolina

The current research details interviews with 50 victims and 50 defendants who participated in a specialized criminal domestic violence court in Lexington County, South Carolina. These victims and defendants indicated satisfaction with their court experiences, thought the process allowed them to voice their views, felt they were treated with respect, and were generally satisfied with the outcome of their cases. Court observations and interviews with court personnel confirmed that this court has successfully incorporated victims and defendants into the decision-making process while also providing a fair system to address the issue of violence against women.

Articles 16 and 18 of the PRC Arbitration Law: The Great Wall of China for Foreign Arbitration Institutions

Although China has been continuously developing its arbitration practice to international standards, one thing on the Chinese arbitration scene remains anomalous: Whereas local arbitration commissions have been mushrooming since 2005, today exceeding 180 in number nationwide, foreign and/or international arbitration institutions are almost completely absent from the Chinese arbitration scene. The present article aims to analyze the reasons for this absence from a legal perspective, i.e. the actual legal impediments preventing foreign arbitration institutions from operating in China: Articles 16 and 18 of the Arbitration Law. These two provisions disqualify, if not de lege , at least de facto , international arbitrations from operating in China, first of all because of the formal requirements they set with regard to arbitration agreements, but also and especially because of the protectionist and restrictive way these provisions are interpreted and handled by the different People's Courts. Articles 16 and 18 are crucial when deciding on conflicts of jurisdiction between courts and arbitration institutions raised by pathological arbitration agreements, and the way they are applied by Chinese courts reveals the lack of a consistent and arbitration-friendly approach in this regard. This article illustrates this lack of consistency through a short study of case law and in the end shows the impact of articles 16 and 18 of the Chinese Arbitration Law on foreign arbitration institutions, taking the ICC Court of Arbitration as an example. Despite its growing role in the international market, China has not yet managed to position itself as a leading center for arbitration. If one of the reasons is the lack of experience of Chinese courts, arbitrators and counsel dealing with international arbitration, this deficiency could be – at least partly – filled by opening the doors to foreign arbitration institutions and practitioners. Of course, this would increase the competition for local arbitration commissions, but this pressure would be a strong incentive for Chinese arbitration to become more efficient and thus more competitive on a world scale.

Initial Experience Under The Amended U.S. Federal Rules Regarding E-Discovery

Over ninety percent of the documents that a corporation generates today are in electronic form, and only one third of these documents will ever be reduced to paper form over their life. The implications are quite simple: the evidence in most civil and criminal litigation is found on computing systems. This reality largely went ignored in the United States over the last decade, during which courts issued ad hoc opinions regarding if and how electronically stored information (ESI) would be discovered or disclosed by the respective parties. In December of 2006, however, the United States judiciary changed this equation by adopting a new set of procedural rules that govern federal litigation. Under these Amended U.S. Federal Rules of Civil Procedure, (Amended Rules ) electronic discovery is now mandated in all federal cases. The Rules also govern the preservation, collection and production of ESI. Approximately five months have passed since the 1 December 2006 effective date of the Amended Rules About a third of corporate America has a fairly good understanding of the Rules, taking the necessary steps to put into place protocols to address them. Another third of corporate America is currently in the process of doing so. The remaining third, however, has really not fully grasped the implications of the Amended Rules and the potential increased in costs and risks associated with these changes. In the United States, the federal judiciary is given wide latitude to interpret and apply the Federal Rules. While it is early in the process to fully understand how the judiciary will apply the Amended Rules, the cases issued over the last several months demonstrate some discernable trends. Notably, courts are (1) holding outside counsel accountable for not engaging in more comprehensive or meaningful pre-discovery conferences as required under the Amended Rules; (2) ordering that parties rely on technical staff beyond the legal team -whether a forensic expert or an employee - with the appropriate knowledge of the company's IT systems; (3) willing to more readily order the production of native documents in particular cases despite the lack of blanket requirement therefor, and (4) continuing to impose sanctions for failure to preserve or produce ESI. In addition, 28 federal district courts have adopted their own guidelines or local rules-several of which go well beyond the requirements of the Amended Rules. This article summarizes the initial experience of courts and litigants and recommends best practices with regard to implementation of the Amended Rules.

The Scent of Drosophila Sex

Three recent studies report on the olfactory mechanisms used for gender identification in Drosophila and on the olfactory receptors stimulated by the pheromone 11- cis -vaccenyl acetate. This pheromone activates specific olfactory receptors that suppress the courtship of males with other males, promote the sexual receptivity of females, and participate in the formation of memories about prior courtship experiences.

Le mineur sujet de droit et la justice pénale : du « meilleur intérêt » à l’aliénation

The recognition of the rights of young offenders under criminal law is a recent development and can be traced to the emergence of the Young Offenders Act of 1982, as part of the larger neo-liberal movement in Canadian youth justice policy. Through an analysis of the transformation of the rights of youths, in conjunction with several focus groups undertaken with young offenders, the authors discuss the emergence of youth as a subject, rather than an object, of rights. The ability of the young person to exercise the power that accompanies those rights appears to be limited by the arbitrary bureaucracy of the criminal justice process and by successive amendments to the law. In effect, while a youth's right to be heard is firmly entrenched in statute, the confusing and overwhelming nature of the court experience serves to alienate many youth and forces them to feel that they are, in effect, objects of the system, rather than autonomous subjects. Thus, in spite of neo-liberal discourses regarding the changing nature of the role of youth in criminal law, youth are in fact hardly liberated from the paternalism of the system, but rather continue to be held hostage by its limitations. Although under the Youth Criminal Justice Act, in theory, youth continue to be a “subject” of rights, in practice, the exercise of those rights is impeded by the constraints of the new law and expansion of extra-judicial measures.

A survey of pediatricians’ attitudes and experiences with court in cases of child maltreatment

Objectives To explore pediatricians’ attitudes and experiences with the court system in child maltreatment cases. Design An anonymous, cross-sectional survey of a random sample of pediatricians registered with the North Carolina Medical Board. Results The response rate of the study was 60% ( N = 270). Few pediatricians (10%) reported that they had “ever” suspected maltreatment but decided not to report it. Pediatricians were equally likely to recall positive and negative experiences in court for child abuse cases. Pediatricians with negative court experiences were more likely to view reporting as time-consuming and were more than twice as likely not to report suspected cases of maltreatment (OR 2.4, 95% CI 1.04, 6.0). Seventy-five percent of pediatricians felt that court is harmful or distressing for children. Conclusions The majority of pediatricians report suspected cases of child maltreatment. Pediatrician's court experiences play a role in the response to child maltreatment cases, influencing attitudes towards the legal system and the process of caring for maltreated children. Future research efforts should address physicians’ concerns about the impact of court on children, ways to improve the working relationship between the legal system and physicians, and the training needs of physicians in child maltreatment, including testifying and understanding the court process.

Citizens’ perceptions of the courts: The impact of race, gender, and recent experience

This study examined the influences of race, gender, and recent court experience on citizens’ perceptions of the courts in their communities. Using national survey data collected in 2000, this research assessed variation in perceptions of the courts along four dimensions: differential treatment, fair procedure and outcome, concern and respect, and overall evaluation. The results showed that racial minorities, including Blacks and Latinos, were more likely than Whites to have negative attitudes toward the courts. While race is generally a better predictor than gender, the interaction between gender and race is important in understanding citizen’s perceptions of the courts. Citizens who have recent personal contact with the courts tend to rate the courts less favorable than those who have no recent contact. Citizens’ opinions of the police and equal opportunity are also significantly related to their perceptions of the courts. Implications for policy and future research are discussed.

An Empirical Analysis of Dissensus on the United States Courts of Appeals

Judges often emphasize that decision-making on the courts of appeals is a product of collegial deliberation among judges. Many factors may help promote judicial collegiality or create dissensus in the courts. We examine aggregate disagreement - or dissensus - on the United States Court of Appeals for the First, Seventh, Ninth, and D.C. Circuits and attempt to explain dissensus as a product of several variables: the ideological makeup of the court, the size of the court, the addition of new members to the court, the chief judge's years of experience, the number of judges with trial court experience, workload, and a measure of aggregate co-tenure, which is the average number of years of shared service on the court for each pair of judges on the court. Using both pooled and individual OLS estimates for the four circuits, we find only limited evidence that these variables contribute to the aggregate levels of disagreement on these courts.

An Imperial Rights Regime: Law and Citizenship in the Russian Empire

Dept. of History New York University 53 Washington Square South New York, NY 10012 USA jane.burbank@nyu.edu

Strategic interaction among courts within the preliminary reference process – Stage 1: National court preemptive opinions

Abstract. While scholars today are well‐acquainted with how the European Community preliminary reference process works, little research has been done to investigate strategic court interaction – that is, intentional, procedural court behaviour employed to influence the substantive direction of legal evolution, within that process. The present investigation, which is part of a larger project examining such court behaviour throughout the referral process, focuses on the initial stage: the decision to refer. Within that stage lies the opportunity for national courts to stack the interpretive deck for the entire decision‐making process via a preemptive opinion, the submission of which is neither required, suggested nor prohibited by written procedural guidelines. It is assumed that courts are strategic institutions that seek to maximize their policy objectives, and therefore, national courts submit preemptive opinions to obtain that goal. Such strategic behaviour, however, is influenced by intervening factors – namely the acceptance of European Court of Justice intervention, national judicial procedure, issue complexity and individual court experience.

Is Teen Court Effective for Repeat Offenders? A Test of the Restorative Justice Approach

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.