Judicial District Research Articles

Held v State of Montana: A Constitutional Rights Turn in Climate Change Litigation?

Abstract This analysis examines the decision in Held v State of Montana by the Montana First Judicial District Court, in which 16 youth plaintiffs successfully argued that provisions within the state energy policy and the Montana Environmental Policy Act (MEPA) violate their constitutional right to a clean and healthful environment. As the first climate case in the USA to be brought based on a constitutional right to a healthy environment, it has received considerable attention and is being hailed as a landmark victory. This analysis examines the case in the context of recent trends in climate change litigation and argues that whilst the decision is indeed noteworthy, the circumstances that led to the decision make it unlikely that a wave of similarly successful claims will follow in the USA. Nevertheless, the case could mark a so-called ‘constitutional rights turn’ in climate litigation, as the case bolsters support for stronger protections for environmental rights.

El acceso a la justicia de las poblaciones indígenas. Una necesidad desde el lenguaje

Indigenous peoples face limitations in understanding the justice system due to linguistic and cultural barriers; therefore, the use of clear and accessible language is essential for them to exercise their rights and participate effectively in judicial processes. Through a documentary review of the problems faced by indigenous peoples in accessing justice, the strategies developed by the Peruvian judiciary are described. It is stated that, despite the existence of regulations and policies that guarantee access to translators and interpreters in the judicial sphere, the actions are limited and need to be strengthened. There is a need for strategies that are sustained over time, and that allow their impact to be measured in order to evaluate their relevance and effectiveness. It is concluded that there is a need to develop a language policy focused on justice, which includes incentives —in the training of indigenous lawyers— as a mechanism for the preservation of indigenous languages. It also highlights the importance of language planning in the administration of justice in order to have native language-speaking operators in each judicial district, speciality and instance.

Contextual analysis strategy leads to rise in conviction rate for sexual assault cases

Sexual assault cases typically involve intense physical contact between victim and perpetrator, resulting in a high chance of trace transfer. In addition the victim’s, and sometimes the suspect’s, declaration is available, and can help direct the forensic investigation. However, many cases are still closed because of insufficient proof or an unknown perpetrator.Previously in Belgium, the forensic analysis strategy was often limited to the detection of human sperm fluid and if not found, the forensic part of the case was closed.Therefore, the Forensic Advice service from the Belgian National Institute for Criminalistics and Criminology (NICC) together with the public prosecutor’s office of the Judicial district Antwerp, department Antwerp started “Project code 37”. In Belgium every type of crime receives a code and sexual assault cases are categorized under code 37. Because a forensic advisor focuses on the potential of forensic examination on physical objects, the project focused on cases with samples taken on the victim or clothing available.The goal of the project was to perform a contextual analysis in order to go beyond the standard sperm fluid-orientated approach and evaluate if this had a positive impact on the conviction rate. The project also aimed to evaluate the impact of the consistent use of toxicological analyses on conviction rates. Through this systematic contextual analysis, it became clear that four clear categories could be defined: (1) cases with an unknown perpetrator, (2) cases where the suspect denies all contact, (3) cases where the suspect denies (part of) the sexual contact, and (4) cases where only the consent of the victim is disputed. These categories all assumed one female victim and one male perpetrator. Together with the NICC’s DNA, trace evidence and toxicology lab, an analysis strategy was drafted for the four categories. All cases that do not fit this description were gathered in a fifth category (custom-made cases), as the victim’s/perpetrator’s sex has a significant effect on the forensic analysis strategy. At the end of the project, a comparison was made with the same set of cases from another judicial year where the standard analysis strategy was used. For all the categories for which data was available, there was a rise of the conviction rate and a decrease in the number of dismissed cases.

Intimate partner femicide (IPF): Medico-legal investigation at the Institutes of Legal Medicine of Freiburg (Germany) and Padova (Italy)

Violence against women is a significant public health concern, with femicide as its most extreme manifestation. This crime is often perpetrated by current or former intimate partners, thus taking the name of intimate partner femicide (IPF). Although international comparisons are essential for prevention policies, cross-country comparative studies are scarce in this context. The aim of this study was to evaluate and compare clinical, epidemiological and medico-legal characteristics of IPF autopsy cases investigated at the Institutes of Legal Medicine of two Western European cities, in order to identify a potential medico-legal pattern of IPF. Autopsy and police reports of IPF cases occurred in the judicial district of Freiburg (Germany) and Padova (Italy) from 2000 to 2022 were analyzed. Data relating to victims, perpetrators, relationship context, and circumstantial and pathological-forensic characteristics of the homicide were collected. Statistical analyses were performed to explore potential relationships between the data collected. Additionally, a review of the literature dealing with autopsy-based studies on IPF was performed. Overall, 82 cases of IPF were analyzed, 39 from Freiburg and 43 from Padova. A total of 6 papers fulfilled the review inclusion criteria. Our study identified a medico-legal pattern of IPF and demonstrated that it did not vary substantially between the two European Countries considered, suggesting that certain IPF characteristics are shared at the European level. However, a significant finding emerged regarding the higher prevalence of firearm-related IPFs in Italy compared to Germany. Forensic pathology research might contribute to developing targeted prevention policies to protect women from this lethal form of violence.

Issues of justice in the political and legal doctrine of I.A. Ilyin

The work of the outstanding Russian lawyer and philosopher I.A. Ilyin attracts the attention of researchers from various branches of humanitarian knowledge. At the same time, his political and legal ideas are of particular interest to modern legal science, which is the object of the presented research. The subject of the study is the views of Ivan Alexandrovich on justice, set out in his writings, both Russian and emigrant periods of his life. The author examines in detail such aspects of the topic as the relationship between justice and fairness in the teachings of I.A. Ilyin; his ideas about responsibility and legal awareness. Special attention is paid to Ilyin's ideas about justice in post-Soviet Russia. The purpose of the presented article is to consider the ideas of I.A. Ilyin using dialectical, systemic and comparative legal methods united by the principles of historicism and objectivity. The main conclusion of the conducted research is the reasoned statement that in the political and legal doctrine of I.A. Ilyin, the issues of ensuring justice and fairness in law enforcement occupy an important place. The author's special contribution to the research of the topic is the substantiated conclusions about the relevance of I.A. Ilyin's views on an independent, well-organized judicial system, equal, objective and adversarial proceedings, as well as on the developed legal awareness and sense of personal responsibility of the law enforcement officer as factors in ensuring fair justice. The novelty of the research lies in the generalization of I.A.Ilyin's views on justice as a state activity to ensure justice in society. The author has put forward a practical proposal on the formation of judicial districts that do not coincide with the administrative-territorial division.

Desnaturalización del doble conforme y desbordamiento de carga procesal en el Perú a propósito de la Ley N° 31592, ley que modifica la condena del absuelto

The objective was to analyze the implications associated with the enactment of Law No. 31592, which introduces significant amendments to the Code of Criminal Procedure regarding the acquitted person's conviction. For these purposes, it was analyzed whether such legislation complies with national and international standards regarding judicial conformity, as well as to examine its feasibility and effectiveness in terms of judicial proceedings aimed at challenging acquittal convictions. A mixed methodological approach was adopted over an extended period, covering the analysis of judicial decisions issued between the period 2010 - 2022. Through a thorough analysis, it was concluded that the principle of double jeopardy should be applied exclusively to the convicted person, highlighting that challenges related to acquittal convictions should be the competence of a Criminal or Mixed Chamber belonging to a specific Judicial District, instead of being attributed to the Supreme Court. Consequently, the modification introduced by this Law is highly detrimental by virtue of the possible difficulties it could cause in the operability of the appeal processes, as well as its potential to weaken the principle of double conformity, which constitutes a fundamental pillar in the judicial system.

CONFLICT TRANSFORMATION THROUGH DIGITAL MEDIATION: A STUDY OF BRAZIL'S JUDICIARY COURTS

This study aims to examine the characteristics of online mediation within public systems, focusing on two pivotal elements: the technological progression instigated by the Covid-19 pandemic that led to an almost full digitalisation of Brazil's judicial system and the subsequent implications of an emancipatory conflict transformation. The research engages social constructivist ontological and epistemology of the south as perspectives, thereby conducting an empirical inquiry into the modifications, aspects, and efficacy of mediation across two judicial districts in São Paulo, Brazil, specifically the cities of Piracicaba and Campinas. The paper underscores the role of mediation within the sphere of online dispute resolution (ODR) in Brazil's legal system, serving to enhance access to justice, expedite communicational changes, and address the limitations of digital mediation while ensuring the active involvement of all parties in the proceedings. Furthermore, the study critically assesses and evaluates the use of mediation as a vital tool in national and international legal systems during the digital judiciary age. To achieve this, a comprehensive re-evaluation of the core principles of mediation is undertaken and juxtaposed with the challenges observed in these regional settings, thus unearthing various topics that necessitate further exploration. In summation, this study offers an insightful understanding of the modalities and regional practices of digital communication in mediation, positing it as a trailblazing approach to enhancing the efficacy of conflict resolution practices and furthering social, cultural, and academic transformation.

Информационные технологии и оптимизация гражданского судопроизводства на судебных участках мировых судей в аспекте неразрывной связи

The article states that systemic decisions on digitalization of judicial activities in judicial districts of justices of the peace have become possible in view of the imposition of functions of the establishment of the unified information space of federal courts and justices of the peace on the Judicial Department under the Supreme Court of the Russian Federation in 2014. The factors that initiate transformations are orders of the President of the Russian Federation and tasks set by authorities of the judicial community (the All-Russian Judiciary Convention and the Council of Judges of the Russian Federation).

The Penalty of Party on Black Homeownership: The Impacts of Judicial Institutional Settings on the Black Political Economy

Black homeownership declines across the U.S.A. at significantly higher rates than white, Hispanic, or Asian homeownership. Although the cost to own a home is lower in Republican states, Black Americans are much less likely to maintain homeownership in those areas. This article attempts to gain leverage on the following question: “what is the penalty of political parties on Black homeownership in America?” The findings presented here provide support to the notion that there is a nationwide penalty of political parties on Black homeownership. The variation in this penalty is dependent on a given state’s opportunity structure for institutional racism, which changes based on the state’s foreclosure laws and partisan leanings. To support the nationwide findings, this article provides a case study on Black homeownership across the state of New York’s judicial districts with 221 partisan-elected judges, revealing that there remains a penalty in Republican judicial districts. Previous scholarship has analyzed the relationship between parties and foreclosures, as well as the relationship between race and foreclosures. This article assesses the intertwined relationship of parties, race, and foreclosures.

Production of Iron Weapons for Regiments and Hundreds of the Zaporizhzhian Host on the Land of Drevlians (17th–18th Century)

The article attempts to combine the research on iron production based on archival materials from the complex expedition of 1932 under the leadership of Oleksandr Ohloblin with the ways of providing weapons to hundreds and regiments of the Zaporizhzhian Host in the Land of Drevlians.The Ukrainian Cossack Hetmanate state of the 17th – 18th centuries, which was built on the ancient Ukrainian traditions of the tribal system, had its own administrative division into hundreds and regiments. The regiment and the hundred acted simultaneously as a military unit, a territorial unit, and a financial and judicial district. At the same time, the Zaporizhzhian Host had military and state-political autonomy, first as part of the Polish-Lithuanian Commonwealth (from the Treaty of Zboriv in 1649 to the Pereiaslav Agreement in 1654), and then as part of the Moscow state (realm and empire) from January 1654 (the Pereiaslav Agreement) and to the liquidation of the hundred-regiment administration of Left Bank Ukraine in September 1781 and the implementation of the division of this territory into governorships (provinces) in January 1782.In this study, we tried to identify ores that could provide the Cossacks' hundreds and regiments with weapons and other products during the Liberation War of the Ukrainian people led by Bohdan Khmelnytskyi.The issue of restoring the main industries in the land of Drevlians after the revolution of 1917–1918 arose during the reconstruction of Soviet Ukraine. At the beginning of 1922, the Volyn Miners Union proposed the revival of the iron and steel industry. In Soviet times, this was not done, but during the days of independence, the old branches of the Polissia industry on the territory of the Right Bank Polissia could be strengthened with the prospect of their further powerful development.

Rozwój dystryktu miejskiego w średniowieczu na przykładzie niegdysiejszych dóbr biskupstwa miśnieńskiego pod Zgorzelcem

Expansion of municipal jurisdiction in the Middle Ages as exemplified by the former estates of the Bishopric of Meissen near Zgorzelec (Görlitz) In the paper, two questions are raised: concerning the scope of immunity of the estates of the Bishopric of Meissen in eastern Upper Lusatia (so-called Zagozd), and how and when the former estates of the bishopric were absorbed by the judicial district (weichbild) of the town of Görlitz. The status of the bishopric’s estates has been reconstructed as immune from the jurisdiction of worldly powers, also in the field of high (criminal) justice, from at least the mid- or late twelfth century. This status was probably kept by those estates also when they were transferred to the hands of the knights after the decomposition of the domain of the bishopric. The end of the immunity of the former episcopal estates was brought about only by the active enforcement of their own jurisdiction by the townsmen of Görlitz in the 1370s.

Political ideology and judicial administration: evidence from the COVID-19 pandemic

Abstract We study the effect of political ideology on the administration of the judiciary by investigating how the chief judges of federal district courts set courthouse policies in response to the COVID-19 pandemic. To do so, we use novel data on the geographic boundaries of federal courts and on the contents of pandemic orders. We account for state and local conditions and policies by leveraging district courts in states that have multiple judicial districts and that have courthouses in multiple counties, and we isolate the effect of chief ideology by using simulations that difference out unobserved district-level effects. We find no consistent evidence that the ideology of chief judges influenced courthouse closures and the authorization of a law allowing for remote proceedings, but we find strong evidence that Republican-appointed chief judges were less likely to require masks and more likely to suspend in-person trials.

Federal criminal sentencing: race-based disparate impact and differential treatment in judicial districts

Race-based inequity in federal criminal sentencing is widely acknowledged, and yet our understanding of it is far from complete. Inequity may arise from several sources, including direct bias of courtroom actors and structural bias that produces racially disparate impacts. Irrespective of these sources, inequity may also originate from different loci within the federal system. We bring together the questions of the sources and loci of inequity. The purpose of our study is to quantify race-based disparate impact and differential treatment at the national level and at the level of individual federal judicial districts. We analyze over one-half million sentencing records publicly available from the United States Sentencing Commission database, spanning the years 2006 to 2020. At the system-wide level, Black and Hispanic defendants receive average sentences that are approximately 19 months longer and 5 months longer, respectively. Demographic factors and sentencing guideline elements account for nearly 17 of the 19 months for Black defendants and all five of the months for Hispanic defendants, demonstrating the disparate impact of the system at the national level. At the individual district level, even after controlling for each district’s unique demographics and implementation of sentencing factors, 14 districts show significant differences for minoritized defendants as compared to white ones. These unexplained differences are evidence of possible differential treatment by judges, prosecutors, and defense attorneys.

Data envelopment analysis to investigate the Italian legal system and its reform

This work investigates the Italian judicial system and discusses the designing of a policy reform to boost the efficiency of courts, considering the human resources available as well as the expenditure generated by the process to deliver justice. The authors present the benchmarks and shed light on how policy makers embarking on such a process of reform may be misled by inappropriate model definition. In detail, the authors propose a comparative analysis of technical efficiency (TE) scores computed using data envelopment analysis, adopting the same output (number of settled cases) and two alternative sets of inputs (judicial expenditure and human resources). According to the results, without considering the information extracted from the two complementary benchmark analyses, policy makers might be misled in the reform process. Regarding the elements that affect the performance of courts, it may be possible to improve the efficiency of judicial districts by working on judicial procedures. Hence, these are the domains where interventions by policy makers may prove successful. As for policy implications, the models and benchmarks presented here could be used to devise a reform of the judicial system aimed at enhancing its TE, while also keeping public expenditure under control.

El cuerpo del imputado como fuente de prueba y el debido proceso

The objective of this is to determine why the use of the accused body as a source of evidence affects the due process in the judicial district of Cajamarca, 2017 - 2019. The quantitative approach was reduced and the investigation was of a basic descriptive nature. The population consisted of judges from the aforementioned judicial district. While, the sample consisted of 20 judges specialized in criminal matters. The selection of this was carried out by means of a non-probabilistic test, applying the intentional criteria of the researcher. In the collection of information, the survey technique and the questionnaire were applied as an instrument. The results showed that 40% of the magistrates affirmed that the consent of the accused is required for the use of the body as a source of probative information and 10% corroborated that due process is always violated. Concluding in the event that in the body of the accused, there are essential samples to provide probative effectiveness to the information that supplies the scene of the criminal event, the body of the victim or witnesses since the inquisitive dynamics are prohibited; bodily intervention is practiced due to the strictly voluntary and free attitude of the accused.

Indigenous Peoples and Criminal Justice

Abstract In this article, I draw on the specific case studies of the Xakriabá people and the Judicial District of Manga, and the Maxakali people and the Judicial District of Águas Formosas, both located in the Brazilian state of Minas Gerais. I examine how criminal justice officials apply dominant concepts of indigeneity in these regional contexts, showing how they arbitrarily construct and deploy the category of Indigenous person based on essentialist assumptions of indigeneity that ignore Indigenous peoples’ self-identification as such. This adds to scholarship on how indigeneity is institutionally conceived and applied within the justice system in ways that contrast with Indigenous notions of it and aim to deny Indigenous persons recognition in legal processes. By providing specific accounts of how Indigenous defendants are treated in the justice system and experience loss of rights, I consider the professional practices of state officials within the broader framework of Brazilian indigenist policies.

Proposals on prc’s company classification by the comparative method

With the constant development of companies in our country, we still classify companies exclusively on the ground of person cooperation or capital integrity since the promulgation of the PRC’s Company Law(CCL) in 1993. Classificatory standard like this lagged far behind and exposed many problems, which includes the loopholes in the corporation regulations, state-funded companies types are excluded in this standard, and always not conducive to the boosting domestic company competitiveness among the fierce international competition. By comparing experiences of other countries and judicial districts, this article discusses the improved approaches: Adopting the company classification standard based on shares publicly offered and transferred, making specific classified pathways of existing companies, which means revising the Company Law and the Securities Law jointly.

Trauma-Informed Court

Trauma-informed practices recognize the widespread impact of trauma on individuals and the need to deliver services that avoid re-traumatization. In the context of the mainstream court system, trauma-informed care is crucial for ensuring that individuals who have experienced trauma are treated with compassion and understanding. Trauma-informed care can help court officials recognize the signs and symptoms of trauma, including the triggers that can cause individuals to experience distress, anxiety, or other mental health challenges, and take steps to address those triggers. The purpose of this research is to map the degree and extent of trauma-informed practices in two judicial districts within the criminal and juvenile court systems in Kansas. By mapping the results, we identified areas where trauma-informed practices are already being implemented effectively, as well as gaps and need for improvements. This information can be used to develop targeted interventions to increase the implementation of trauma-informed care practices throughout the criminal and juvenile justice systems.

Criteria for Determining the Boundaries of Judicial Precincts and Other Ways of Regulating the Burden Magistrates

The distribution of the burden between the justices of the peace is carried out with the help of the norms on generic and territorial jurisdiction, on the definition of the boundaries of judicial areas, on the methods of transferring cases. When creating and abolishing judicial precincts, regions are guided by a territorial criterion, the effective use of which is designed to equalize the workload of magistrates of one judicial district. The law provides for the possibility of transferring cases between judges of one judicial district on the basis of a reasoned order of the chairman of the district court, such a method of load regulation should be attributed to an auxiliary regulator, for the implementation of which it is necessary to use official statistical data, all categories of cases under consideration should be taken into account to determine the average load for the judicial district. It is necessary to constantly monitor the population in the judicial district, the location of infrastructure facilities and other facilities that serve or may serve as sources of increased workload (shopping and entertainment centers, social institutions, residential complexes, etc.). If the established population indicators in judicial precincts, judicial district exceed or decrease, such data should serve as a basis for the creation, abolition of judicial precincts, and in case of deviation from the average indicators in the judicial district, they should be the basis for clarifying (changing) the boundaries of judicial precincts. An even distribution of the workload will have a positive impact on the quality of justice, the organization of the judicial process, and staffing. The main factors in the formation of judicial sections that affect the load are the population and the territory of the judicial district, the auxiliary ones are the order of the chairman of the court on load regulation, other auxiliary factors: statistical data, assessment of the categories and complexity of the cases under consideration, accounting for objects that are “sources of increased load”. The correct organization of solving the problem of the workload of magistrates in the judicial district is the most important task both for the implementation of the principles of judicial proceedings and for ensuring access to justice.

Intra-familiar homicides: From 2006 to 2021 in the judicial district of Milan

IntroductionThe present research aims at analyzing criminological and medico-legal characteristics of intra-familiar homicides occurred in two major Italian cities (Milano and Monza) from the beginning of 2006 to the end of 2021. MethodsCases were identified using the Institutional database of the Institute of Legal Medicine of Milan, where all the autopsies of victims were performed. Data about these cases were obtained from autopsies findings, preliminary investigation reports, local papers and victim relatives’ interviews.In this period 11,480 autopsies were performed: 392 were homicides and, among these, 94 were confirmed as intra-familiar homicides (as a result of 84 events).Cases were classified according to the classic definition of intimate partner violence (referring only to an intra-familiar context), parricides, filicides, fratricides, familicides and grannicides.Age, sex, nationality and risk factors of the victims and perpetrators, as well as methods of murder were registered for each case. Only in some cases, motives for murder were known. ResultsThe most frequent type of intra-familiar homicides was intimate partner violence (41.5%), followed by parricides (16%, mainly matricides), filicides (10.7%) and fratricides (6.4%). 9.6% of the total number of events were familicides.Risk factors were frequently involved, in particular among perpetrators and in the group of parricides, while among siblicides they showed minimal relevance. Overall, psychiatric pathologies were the main risk factors involved (at least 23.8%), unlike extrafamiliar homicides, where previous criminal report or involvement in illicit traffics are frequently reported among perpetrators. This finding enlightens the difficulties of caring for a relative with a mental disorder, who can become dangerous for the domestic caregiver.Furthermore, the high number of physical illness and the advanced age of victims points out the tragical consequences of the lack of social support system for these categories of people. Methodsof murder were mainly cold steel (30–31.9%) and firearms (21–22.3%). However choking/manual ligature (9–9.6%), blunt force trauma inflicted using objects found on the scenario or bare handed (16–17%) and combined methods (11–11.7%) were frequently represented confirming the expected high level of impulsivity related to this kind of crime.