Judicial Education Research Articles

The Influence of Social Media on Judicial Independence

Purpose: This study sought to analyze the influence of social media on judicial independence. Methodology: The study adopted a desktop research methodology. Desk research refers to secondary data or that which can be collected without fieldwork. Desk research is basically involved in collecting data from existing resources hence it is often considered a low cost technique as compared to field research, as the main cost is involved in executive’s time, telephone charges and directories. Thus, the study relied on already published studies, reports and statistics. This secondary data was easily accessed through the online journals and library. Findings: The findings reveal that there exists a contextual and methodological gap relating to the influence of social media on judicial independence. Preliminary empirical review revealed that social media exerted considerable pressure on judicial processes, potentially compromising judges' independence due to increased scrutiny and criticism. It found that misinformation and sensationalism on social media significantly eroded public trust in the judiciary, leading to distorted perceptions of judicial fairness. Judges were often influenced, consciously or subconsciously, by social media discourse, affecting their decision-making processes. The study highlighted the need for ongoing attention and research to understand and mitigate these influences, ensuring the preservation and strengthening of judicial independence in the digital age. Unique Contribution to Theory, Practice and Policy: The Social Silence Theory, Media Dependency Theory and Spiral of Silence Theory may be used to anchor future studies on judicial independence. The study recommended developing comprehensive guidelines for judges' social media engagement to maintain impartiality, and emphasized the need for further research into the psychological impact of social media on judges. It advocated for judicial education and training programs focused on digital literacy and stress management, and suggested establishing institutional support systems for judges facing social media pressures. Additionally, it recommended proactive engagement of judicial institutions with the public through social media to build trust and counteract misinformation. Continuous research and monitoring of social media's impact on the judiciary were also advised to adapt and implement effective strategies proactively.

Exploring Defuturing to Design Artificial-Intelligence Artifacts: A Systemic-Design Approach to Tackle Litigiousness in the Brazilian Judiciary

From the perspective of defuturing design philosophy, this article discusses the close relationship between the growing body of artificial-intelligence (AI) artifacts in the Brazilian Judiciary and the phenomenon of litigiousness therein. Litigiousness has traditionally been tackled through mechanisms that increase productivity and efficiency in case processing, a strategy that has not succeeded in reducing litigiousness, as data make evident. Analyzing data from relevant sources, this article demonstrates that AI artifacts mostly perform tasks related to clustering and mass handling of cases, following the same path dependency. Consequently, they entail risks of judges’ alienation and loss of agency, which can negatively impact citizens’ fundamental rights. Moreover, they defuture; that is, they erase other (preferable) futures. Albeit AI artifacts can play a part in tackling litigiousness, there should be a critical reflection upon futuring and defuturing. Therefore, this article recommends that SoDF—a systemic approach to design that seeks to explore design consequences, futuring and defuturing—be mandatory to any AI design process. Additionally, it proposes continuous judicial monitoring for alienation and loss of agency, as well as investments in judicial education to empower judges to effectively control and supervise AI artifacts. Finally, it suggests a further research agenda.

Optimizing the Improvement of Judge Competence in Settlements of Sharia Economic Disputes in Religious Courts

Introduction: This is motivated by the increasingly widespread sharia economic disputes being handled by the Religious Courts, so that an institution is needed that can create the character of judges that are in accordance with the expectations of society. The institution is the Research and Development Agency for Legal and Judicial Education and Training of the Supreme Court of the Republic of Indonesia (Balitbang Diklat Kumdil MA-RI).Purposes of the Research: This paper describes the legal symptoms or legal facts related to the ability of religious court judges to decide cases related to sharia economics and studies the education and training curriculum for judges within the scope of the Supreme Court of the Republic of Indonesia No. 4 of 2019 concerning Procedures for Simple Claims and Supreme Court Regulation No. 14 of 2016 concerning Procedures for Settlement of Sharia Economic DisputesMethods of the Research: This paper uses a normative juridical approach.Results of the Research: Implementation of the curriculum at the Ministry of Education and Training Research and Development of the Supreme Court ‘Kumdil’ aims to improve the ability to organize training. The capacity building referred to is one of the certifications of sharia economic judges which is aimed at forming the quality of judges' resources in the technical field of justice who are professional, have integrity and are independent in resolving sharia economic disputes.

Innovative Pedagogical Approaches in Judicial Education: The Case of a Pioneer Training Programme for Magistrates in Brazil

Innovative Pedagogical Approaches in Judicial Education: The Case of a Pioneer Training Programme for Magistrates in Brazil

Justice and Judicial Education: An Unbreakable Bond Cemented by the Rule of Law

The importance of judicial training and education has been recognized time and again by judges and legal professionals not only in India but across the globe. Judicial education and training serve the critical purpose of preserving the rule of law in the country. Judicial education fosters the administration of justice by equipping judges with the skills needed in courtrooms. They develop sensibilities to look beyond their personal preferences and choices and give judgments that suit the dynamic socio-economic realities. Judicial education creates a speedy and impartial justice delivery system that enhances public confidence in the working of our constitutional democracy. However, the judicial education system of our country is not free from challenges. There is a multitude of problems relating to the implementation of judicial pedagogy and the institution itself. These conundrums specifically signal a dire need to revamp our judicial education system by drawing an appropriate curriculum, methodology and action plan that treat participant judges, not as ‘students or trainees’ but as ‘people of knowledge and skill’ that have come to the learning centres to create better solutions to a potential legal issue they may encounter in their profession later in life.

Religion as a Motive – Does Australian Terrorism Law Serve Justice?

This article will examine whether the category of religiously motivated terrorism serves justice in Australia, first considering its lawfulness from a human rights perspective and, secondly, examining its operation in the courtroom. Judicial comment in two cases, the subject of national media attention and complaints to the (New South Wales) NSW Judicial Commission, were used as a basis. This article finds that efforts to establish a ‘religious cause’ were stifled by complexity and ambiguity about the difference between Islamic adherence and violent extremism. Bias-prone assumptions had observable implications for the judicial assessment of the defendant’s culpability and rehabilitation prospects. Moreover, judicial reasoning seemed to overlook evidence of an intent to coerce the government or intimidate the public, treating religious beliefs and motives as a vehicle to establish intent. The article concludes that judicial education could help. Still, those measures would not fix the core of the problem. By removing the motive element, the issues would be avoided while focusing attention on the remaining intention elements. An alternative option is to remove ‘religious cause’ so that terrorism cases must demonstrate ‘ideological or political cause’, encouraging more precise and comparable reasoning across offending contexts.

Modern Trends in Further Professional Education of Judges: Russian and Foreign Experience

Introduction. Modern further professional judicial education has a direct impact on the institutional and personal parameters of judicial independence and has a public significance as a guarantee of a judge's competence during his long career. The relevance of the research consists in development and substantiation of theoretical and methodological foundations of further professional education of judges as an independent form of their continuing education. The aim of the article is to systematize Russian and foreign experience in the organization of judicial professional development, to fill in the need for a comprehensive solution of legal, organizational and educational issues of judicial re-training, to substantiate promising models of the educational process and educational practices of continuous training of judges. Materials and Methods. The object of the study was further professional education of judges as a state-legal and educational institute. The comparative nature of the research, based on the study of modern domestic and foreign experience in organizing further education for judges, provided data that had not previously been analyzed in the Russian scholarly literature. On the basis of a comprehensive (interdisciplinary) approach, conclusions were obtained concerning both the issues of legal regulation of the procedure of further professional education of judges and issues of pedagogical nature. A systematic analysis of further professional education of judges predetermined the identification of specific features of teacher training, the nature of training programs, methods and technologies of training of judges. Sociological methods were used to formulate conclusions on the conditions of admissibility of the electronic educational process in the judicial classroom. The research drew on electronic resources that reveal organizational peculiarities and educational practices of national and foreign judicial schools. Results. Regularities determining the trends in the evolution of further professional education of judges in Russia and abroad have been determined and disclosed. Models of judicial schools operating in foreign states depending on their legal status, nature and types of educational processes were identified. The principles of organization of further professional education of judges, allowing to distinguish this type of education from traditional systems of higher legal education, were substantiated. Proposals for improving the legal and educational model of the Russian judicial school are formulated. Discussion and Conclusion. The results of the study can be useful for the further development of the theory of specialized judicial education, the definition of the legal status of the Russian judicial school that performs the functions of continuing education of judges, as well as for improving the educational process, given the need for methodological diversity of further programs and methods of training of judges.

Judges, Psychiatrists Trained to Share Education About MH in Justice System

Judges, Psychiatrists Trained to Share Education About MH in Justice System

The effects of victim testimony order and judicial education on juror decision-making in trials for rape

ABSTRACT The victim’s testimony in most rape trials is unlikely to match jurors’ rape stereotypes and may instead seem typical of consensual sex. This research investigated whether providing judicial education about what commonly occurs in rape, and having a victim describe stereotype-consistent events early in their testimony, would guide jurors to interpret the victim’s testimony as depicting rape. After pilot work, community members (N = 212, 3 non-binary, 113 females, 96 males) received either educative instructions or standard instructions and watched video testimony in which the victim described the details of the assault at the beginning or end of the testimony. Participants also evaluated whether the testimony depicted rape or consensual sex as the events were described. Further, participants then read that another juror thought that the defendant was not guilty, and we re-assessed participants’ perceptions of the case. Participants who received the assault early categorised events as depicting rape. While educative instructions had no effect on evaluations of the testimony, participants who received education were more likely to find the defendant guilty. However, regardless of condition, participants perceived the defendant as less likely to be guilty after reading the juror’s statement compared to before. Recommendations for trial interventions are discussed.

Legal Regulation of Additional Professional Education of Judges: Тhe Experience of Russia and Foreign Countries

Formulation of the Problem. The uncertainty of the legal status of the Russian judicial school, the functions of which are entrusted to the Russian State University of Justice, creates obvious inconsistencies between the legal foundations for additional professional education of judges in the Russian Federation and the needs and demands for continuous training of judges. Purpose of the Work: to determine the principles of additional professional judicial education, the legal forms of their implementation in models of additional professional education, tested in Russia and foreign countries, as well as to develop proposals for improving the legal regulation of the organization of additional professional education in our country. Results, Brief Conclusions. The following are identified as principles for organizing additional professional education for judges: lifelong learning as a status duty of judges; autonomy and independence of an educational institution that performs lifelong learning tasks. The features of the legal forms of implementation of these principles in the models of additional professional education of judges, tested in a number of foreign countries, are revealed. The article concludes that there is a need for further legislative consolidation of the Russian State University of Justice as an independent judicial school, as well as the organization of additional professional education for judges, including the legalization of the frequency, grounds and terms of training, the nature and amount of funding for additional professional education, and liability for dishonest attitude to training.

Why Judicial Education Institutions (JEI) must Focus Vulnerabilities faced on Account of Age, Economic Status, Sexual Orientation and Participation in Civil Society Movements?

In this paper, the authoress points out relevance of some themes for present day judiciary and why judicial education (training) institutions must include some subjects in their yearly training agenda. The present judicial training system, as operational in different countries, is mostly designed and developed in content by the judges themselves. From past five years, in their rush to update and upkeep with the new technological and commercial environment that is daily unfolding, these institutions have almost sidelined the core commitment to produce a responsive judiciary. To remind the judges involved in policy making on judicial training about the need to focus on the justice as foundation for any training, author proposes some areas that cannot be negated from the training agenda for survival of democracy in future. Keywords: Judicial training; Judicial education institutions; Poverty; Private justice system; Social justice; Economic justice; Child sexual abuse; Sexual orientation; Utility of films for education; Training methodology

‘Robinson Crusoe on a desert island’? Judicial education in Ireland, 1995–2019

AbstractSince 2019, Irish judicial education has been undergoing major structural change. Prior to the legislative establishment of the Judicial Council in that year, formal training for judges in Ireland was almost non-existent. Innovation in this area was limited to the holding of judicial conferences that occurred annually from the mid-1990s onwards. This paper places the training of Irish judges in its international context and analyses the reflections of 22 judges on how they learned the skills of judgecraft prior to the creation of a formalised system of judicial education and training. The data demonstrates that members of the judiciary engaged in a range of largely informal learning activities and provides insights into a hitherto unexplored aspect of Irish judicial culture. The data is also of broader significance in highlighting organic and unofficial aspects of judicial education, which can be overlooked in jurisdictions with highly-developed, formalised structures for training the judiciary.

Judicial Education in Australia: A Contemporary Overview

Judicial Education in Australia: A Contemporary Overview

Gender component in the initial judicial training curriculum

The Strategy for the Development of Judicial Education in Ukraine for 2021–2025 considers regular update of the judicial education content based on the competence approach, judges' experience and individual needs, level and court specialization. The Strategy also considers enhancing values and social context while developing and delivering trainings. Among strategic aims of judicial education development is initial judicial training reform that requires, inter alia, curriculum updating. The article presents the research results on mainstreaming of gender component in the initial judicial training curriculum as well as corresponding recommendations. Among recommendations, there is improving of the initial judicial training curriculum with a 1-day training course «Overcoming gender stereotypes in administration of justice». The course was developed to have judges familiar with correlation between «gender stereotypes – prejudice – gender - based discrimination», how gender stereotypes influence judge's behavior and decision-making, and also to build up and strengthentheir skills to identify gender stereotypes, apply corresponding ECtHR case law, avoid gender bias in their daily work, etc. To build up gender competence of future judges, some gender aspects should be incorporated into a series of trainings on family, housing and labor disputes (in the Civil judiciary part), sexual violence, sentencing in criminal cases (in the Criminal one). Some gender related issues worth to be integrated in corresponding trainings, e.g. divorce prohibition due to Ukrainian Family Code (Art. 110, part 2), disputes on parenting children, equal treatment of men and women in cases of deprivation of parental rights, offender eviction, compliance with effective investigation standards in criminal proceedings on rape, other crimes against sexual freedom and sexual integrity or domestic violence cases. Actually, both gender mainstreaming and social context of justice should be integrated with due consideration of the role and place of each training in the curriculum, learning goals and expected outcomes, accompanied by careful selection of training materials and most effective modern interactive methods of adult education. Keywords: gender, gender competence, judicial education, initial judicial training.

Supporting Responsive Federal Drug Sentencing Through Education in the Workshop on Science-Informed Decision Making

On the federal level, judicial education in sentencing has been focused primarily on preparing judges to calculate and apply the Federal Sentencing Guidelines. But in an advisory guidelines context, making individualized assessments in drug cases requires education in the science of addictions, the drivers of behavior, and the prospects for behavior change when substances are involved. Neuroscience and the sciences of human behavior provide clarifying insight into substance-driven behaviors and cognitions that are routinely encountered in federal drug cases. These disciplines support individualized sentencing by shedding new light on the nature of inhibitory control, the reasonable expectations for relapse, and the distinctions that can be drawn based on science between different treatment interventions. In this Article, we report on the Workshop on Science-Informed Decision Making, an education initiative in the federal judiciary. Since 2016, it has provided education in neuroscience and behavioral science, as well as skills training in individualizing sentences using insights from that science, to U.S. district judges, magistrate judges, and pretrial services and probation officers in thirty-two federal districts. We describe the case-study-based instructional approach of the workshop, including some of the misconceptions about addiction behavior it addresses, and explain why we believe that this kind of education helps federal judges, and pretrial services and probation officers, craft more responsive sentencing decisions and recommendations.

A Review of Handbook for Child Courts (Published by the Sindh Judicial Academy)

The Handbook is an important document which is made available by the Sindh Judicial Academy and Group Development Pakistan for the judges, lawyers, prosecutors, probation, reclamation and police officers working in the Province of Sindh. However, keeping in view its contents and the fact that the juvenile law is a federal legislation, it will be equally relevant for all-across Pakistan. As it is available online free of cost, the justice sector human resource must consult it as and when required. Of course, with due consideration to the rights of SJA and GDP, other judicial academies may also develop their own versions of this Handbook to suit their local and regional needs. I am sure that the publishers will be happy to cooperate in this regard. Overall, the language, style and contents of the Handbook are praiseworthy. It also shows that the leadership being provided to the Sindh Judicial Academy by Hon’ble Mr. Justice Muhammad Ali Mazhar, as its Acting Director-General, is commendable. Authors also deserve special appreciation in this regard. Sindh Judicial Academy has created an example for other judicial academies to work on developing bench-books for judges and court staff on various topics so that quality of justice administered in courts is improved. As per my opening paragraphs of this review, I would like to recommend a chapter on Islamic guidance on children rights may be added in this Handbook. This will significantly improve the value of this judicial education tool to make it more relevant and exactly within the line of Pakistani constitutionalism.

ПРОФЕСІОНАЛІЗМ СУДДІВ ЯК ПЕРЕДУМОВА ПОБУДОВИ ЕФЕКТИВНОЇ СУДОВОЇ СИСТЕМИ В УКРАЇНІ

The article reveals questions regarding the professionalism of judges as an important prerequisite for efficiency (building an effective) judicial system in Ukraine. It has been established that today the main documents that regulate the legal foundations of professionalism of judges in Ukraine are the Law of Ukraine «On the Judicial System and the Status of Judges», the Concept of National Standards for Judicial Education in Ukraine, the Regulation on the Training and Periodic Study of Judges at the National School of Judges of Ukraine, as well as the Strategy development of judicial education in Ukraine for 2021–2025. It is determined that the professionalism of judges is based on the results of obtaining judicial education, which is aimed at acquiring the ability of judges to understand and behave fairly, authority and communication, the effectiveness of professional activity, personal qualities, and intellectual qualities. It was found that primary judicial education plays an important role in increasing the professionalism of judges, in particular, the training of candidates applying for the position of judges. It has been proven that in order to improve the professionalism of judges, it is also necessary to apply the latest forms and methods of training. It has been established that in order to improve professionalism in the administration of justice, judges must undergo special training to maintain their qualifications at the proper level. It was determined that for the purpose of professional development of judges, the National School of Judges of Ukraine has developed and operates various standardized training programs. It has been established that the main principles of training judges at the National School of Judges of Ukraine are the principle of versatility, comprehensiveness and focus on obtaining all the necessary skills and abilities, the principle of frequency, the principle of obtaining a more subjective vision of international practices in the administration of justice, the principle of uniformity, the principle of practical focus, the principle of high quality and scientific substantiation, the principle of modernity of training, the principle of initiative and interest of judges in improving their professional level, the principle of coordinating the activities of the elements of the training program, the principle of using modern innovative technologies in the training process, the principle of continuous education, that is, lifelong learning. It is noted that the prospects for further research in this direction are the study of the peculiarities of the formation of the corps of professional judges in Ukraine.

Judicial Education and Judicial Independence: Paper given at the 2021 Commonwealth Law Conference

Judicial Education and Judicial Independence: Paper given at the 2021 Commonwealth Law Conference

A Review of the Punjab Judicial Academy Law Journal (PJALJ) First Issue (June 2020)

June 2nd, 2020 AD is the Day when long cherished strong desire of the PJA to publish first of its kind research law journal has been fulfilled. Congratulations. In this review, summary of the book review, research papers/articles and essays has been given for readers to know what is inside the PJA Law Journal (June 2020) first issue. The Journal consists of 149 pages comprising title cover, title page, publisher’s details, acknowledgments, names of editorial team, contents, and research contributions/essays. The Journal is card bound in two beautiful colors: green and white. They reflect the colors of Pakistan Flag. Back cover bears the monogram of the Punjab Judicial Academy and its website www.pja.gov.pk. It also provides QR Code of the Journal. The Contents show that there are nine articles. The detail is as under (p. 6): 1. A Review of the Book “Family Laws in Pakistan by Muhammad Zubair Abbasi and Shahbaz Ahmad Cheema, Karachi: Oxford University Press, 2018” Justice ® Dr. Munir Ahmad Mughal 2. Classification of Prisoners into Ordinary, Better and Political Class in the Prisons on account of Social Status: A Denial of Law of Equality Dr. Qadeer Alam 3. The Dynamics of Public Interest Litigation (PIL) in the Perspective of Adversarial Legal System of Pakistan Muhammad Sher Abbas Awan 4. Judicial Education and Training at Digital Platform: Digital Simulation, Video Games and Virtual Reality Muhammad Amir Munir Mughal 5. Speedy and Inexpensive Justice: What We Can Learn From US Legal System Mian Mudassar Umar Bodla 6. Preservation and Execution of Digital Evidence An Exigence of Contemporary Times Ms. Naghmana Ansar / Mr. Zaka Ullah Sohi 7. Black Warrant, Its Execution and Postponement Mr. Muhammad Shafiq 8. Court Management, Bar and Bench Relations Mr. Abid Hussain Qureshi 9. Pragmatic Approach for Implementation of ADR in Pakistan Mr. Muhammad Akram Sheikh

Submission to the Standing Committee on Justice and Human Rights of the House of Commons for its Study of Bill C-5, an Act to Amend the Judges Act and the Criminal Code

Brief to the Committee on Justice and Human Rights of the House of Commons, Canada, on Bill C-5, Clause 4. The brief proposes revisions to proposed amendments to the Criminal Code requiring written or recorded reasons for decision in sexual offence cases. The proposed revisions set out in the Brief would require that reasons for decision be either written or transcribed and published on a web site accessible to the public without fee. The objective of the proposed revisions to the amendments is to provide measures that will be more effective to enhance judicial accountability, the transparency of the legal process, and trust in the justice system — all purposes highlighted in the Preamble to the Bill. The brief does not address the provisions in Bill C-5 dealing with judicial education. Bill C-5 is available on the House of Commons web site.