Judicial Officers Research Articles

What If It Wasn’t Kato Who Raped Diana? Representing the Yearning for Justice in As I Stood Dead Before the World: Creative Writing from Luzira Prison (2018)

The article examines how selected works in Uganda’s first anthology of prison-authored work, As I Stood Dead before the World: Creative Writing from Luzira Prison (2018), handle one of the issues of paramount importance to inmates and their families: the possibility that convictions in courts of law are not foolproof since judicial officers are human beings and therefore susceptible to error. Drawing from four examples: two poems (Jackson O’s “Letter to Aber” and Sebuuma Gadafi’s “Twenty-Years”), one short story (Rachael Pearl Orishaba’s “A Secret”), and one short play (Jennifer Janette’s “What If It Wasn’t Kato?”), I show how different inmates imagine situations where judicial officers (prosecutors and magistrates/judges) make errors of judgement that see innocent people convicted of crimes they did not commit. The article closely reads the four selected pieces with the objective of investigating how creative writers can help judicial officers realise how important it is to turn every proverbial stone before a conviction is made.

Analysis of a New Work-Related Stress Assessment Tool

Background:Work-related stress is a relevant phenomenon in terms of health and safety at work, as occupational distress has a negative impact on individual and organisational well-being. It is a complex and multifactorial phenomenon, whose evaluation must be carried out through a specific and adequate methodology.Objective:This work aims to identify versatile tools that can quickly provide reliable measures of work distress. It analyzes the proposal elaborated by the “Comitato Unico di Garanzia per le Pari Opportunità, la Valorizzazione del Benessere di chi lavora e contro le Discriminazioni” of Rome,i.e. the tool “Valutazione è prevenzione, Sicurezza è partecipazione”.Methods:A study was carried out on a sample of 474 employees of the Neapolitan Judicial Offices, who were given a standardized questionnaire to investigate the stress, associated with the proposal of the Comitato Unico di Garanzia.Results:From the elaboration of the results, it emerges that the conditions of working wellbeing are linked to two main factors related to the perception of workers both of physical-environmental and organisational-relational aspects. In particular, it emerged that the new assessment tool, consisting of a small number of items, contributes to the detection of work stress, so it is necessary to deepen through future research the contribution that this tool can offer to the survey on work-related stress.Conclusion:Having highlighted two factors that significantly saturate the presence of a working discomfort, through an agile tool, allows us to plan a new research path, which can approach the complexity of the phenomenon through the methods of deep learning.

Los magistrados también hacen polí­tica. Las disputas por los espacios en el poder judicial de la nación

En este artí­culo se analiza la relación entre jueces y polí­tica en el marco de los concursos realizados por el Consejo de la Magistratura de la Nación y en los diferentes nombramientos y ascensos realizados por los magistrados en los juzgados y vocalí­as a su cargo. Para lograrlo, se reconstruyen las dinámicas cotidianas de interacción que adquiere el tipo de disputas polí­ticas que se pretenden analizar, así­ como también las estrategias y las alianzas construidas para cumplir con sus objetivos. En este aspecto, las redes de pertenencia a tener en cuenta son las que se articulan alrededor de las asociaciones que representan corporativamente a los magistrados. El objetivo es mostrar que la mencionada relación no solo se expresa, en el plano jurisdiccional, como habitualmente se lo plantea, sino también en los espacios en donde los magistrados se desempeñan tanto como jefes administrativos de la oficina judicial, así­ como consejeros o como postulantes a los concursos mencionados. Esto supone poner en discusión algunas de las categorí­as utilizadas en los estudios más importantes sobre el tema para poder hacer un aporte quea partir de la especificidad del caso y, del relevamiento empí­rico realizado, se logre una mayor comprensión del fenómeno.

Lewis Rambo, Lucrecia de Leon, and the Politics of Conversion

This article considers the social and political impacts, both intended and unintended, of research in the psychology of religion. The article offers a detailed account of a violent historical encounter between a young woman with unusual dreams (Lucrecia de Leon) and the judicial officials of the Spanish Inquisition that revolved around issues of mental health and functioning that psychologists of religion are actively studying today. This case raises questions about how other works in the psychology of religion, such as Lewis R. Rambo’s book Understanding Religious Conversion, might be applied in different social and political contexts, with both positive and negative possibilities. Raising awareness of these possibilities and collectively thinking through the consequences will give scholars in this field a better chance of diminishing the malign effects and perhaps even preventing them from occurring in the first place.

A tool for measuring therapeutic jurisprudence values during empirical research

Since its inception in the 1980s, the growing body of Therapeutic Jurisprudence scholarship has continued to challenge and optimise not only our understanding of what the law “is”, but also how we can leverage its agency to improve the ways in which we apply, observe and evaluate the law. By focusing on the emotional, human and psychological consequences of legal processes, Therapeutic Jurisprudence empowers practitioners to design emotionally intelligent and remedial strategies to either minimise harmful consequences or enhance restorative legal goals and outcomes. As the influence of Therapeutic Jurisprudence scholarship and its practical applications has continued to gain traction in rapid and organic growth, collaborations brokered with a wide range of social science disciplines have called for a more robust focus on validated measurement scales. To that end, there is a clear and growing need for a suite of Therapeutic Jurisprudence specific tools for empirical evaluation. As there has been no formal attempt within the Therapeutic Jurisprudence research community to begin this process, this paper breaks new ground by providing a validated tool for empirical measurement of the therapeutic quality of judicial officers' behavioural and interactional styles in problem-solving court jurisdictions. Using original empirical data recently collected at a problem-solving court in England, the paper takes the reader through the journey of statistically validating the levied scaling systems by performing Principal Component Analysis and Cronbach's Alpha. In doing so, the paper offers an original contribution to Therapeutic Jurisprudence methodology.

Sudden Unexpected Death in Epilepsy: a Case Scenario to elaborate the need of awareness and a protocol for local setup

Sudden unexpected death in epilepsy (SUDEP) is the commonest cause of death related to epilepsy. There is no settled proposition among neurologists, neuropathologists and forensic pathologists as to the exact pathophysiology of SUDEP. Though there is renowned interest about this entity in the developed world, there is little awareness and interest about SUDEP in the developing world. In the developed countries there are established SUDEP awareness programmes run by the state and other scientific organizations. They help in increasing the awareness of this entity among the general public, ensuring safety and well-being of the diagnosed epileptic patients and updating the knowledge among the clinicians and other academics. It is the authors’ view that the judicial medical officers in Sri Lanka too owe a similar responsibility and obligation towards the clinicians and the general public regarding raising the awareness of SUDEP and establishing a clinico-pathologic correlation. Diagnosis of SUDEP is a challenge in forensic pathology. It needs careful exclusion of suicidal, homicidal and accidental circumstances as well as other possible natural causes. This warrants careful study of the scene, history from several sources, meticulous autopsy examination followed by routine and ancillary investigations. We present a case report of SUDEP highlighting some of the deficiencies in Sri Lanka including the absence of a protocol to ensure quality-assured minimal standards in the investigation of suspected SUDEP cases.

Profile of a judge of the second level of the judicial career based on managerial skills

The study is based on the incidence of disciplinary processes of the judges and the need to develop managerial skills. The general objective was to propose the profile of a judge of the second level of the judicial career, based on managerial skills, to reduce disciplinary offenses. In the framework of holistic research, it constitutes a projective study. The research design is descriptive-explanatory, transactional, field and propositive. The study population consisted of the all population, consisting of 43 judges of the second level of a judicial district of Peru. For data collection, documentary analysis was carried out, from which complaints, control interventions and disciplinary sanctions were studied; at the same time, a rating scale was used, which measured the level of development of the managerial skills of the judges. For the data analysis, the basic statistics were used: Frequency distribution tables, bar graphs and linear. The results showed that, the judges of a one judicial district on Perú are in the Basic and middle levels of managerial skills development and that their disciplinary offenses are helped by the need to develop such skills; Therefore, it is possible to affirm that part of the profile of the judge provided for in article 2, numeral 4 of the Law on Judicial Careers No. 29277, “knowledge of the organization and management of the judicial office”, is made up of managerial skills.

DNA evidence in sexual assault cases in Pakistan.

Sexual assault is becoming a global epidemic, affecting close to a billion women throughout the world. This paper explores the challenges in the admissibility of DNA evidence in rape cases in Pakistan. Delays in the medical examination of victims, and improper collection and packaging of evidentiary material, compromise the probative biological evidence. In the last few years, existing laws have been amended to increase the utility of DNA evidence during criminal trials. However, various issues - for example lack of proper knowledge of DNA evidence by lawyers and judicial officers, inadequacies in existing laws and conflicting decisions of apex courts - can affect the admissibility of DNA evidence during criminal trials.

La oralidad en el proceso civil

Los procesos tradicionalmente escritos, implantados desde la época de la República, con una notoria influencia española y francesa, vienen siendo transformados en los últimos años por procesos orales con audiencias, que permiten hacer efectivos los principios de inmediación y de dirección del proceso a cargo del propio juez. Pero ello implica, además, una serie de cambios en la organización del despacho judicial, el rol de los servidores jurisdiccionales y administrativos, y la actuación de los abogados y litigantes.En nuestro país, la aplicación de la oralidad en el proceso civil resulta inédita porque han sido los propios jueces civiles quienes la han gestado, sin esperar la intervención de los Poderes Ejecutivo y Legislativo para modificar nuestro Código Procesal Civil vigente de 1993. La única finalidad de esta acción es mejorar el sistema de administración de justicia y lograr terminar con las controversias civiles dentro de plazos razonables.

Judicial Experiments in Caseflow Management 1920-1970

This article explores the evolution of a subordinate judicial office of the Official Referee which was the revolutionary creation of the Judicature Commission of 1872. What is described here is the innovation and evolution of a rudimentary form of case management more than 70 years before its formal introduction in the English courts under the Civil Procedure Rules. This article considers evidence of that evolution as well as the innovations and experiments of judges ahead of their time: Sir Francis Newbolt and his successor Official Referees. It argues that the consensual and business-like approach adopted by Newbolt and others facilitated earlier settlement by means of judicial encouragement during discussions in chambers at an early interlocutory stage. It considers the extent to which Newbolt’s Scheme focused on what Marc Galanter has described as ‘quality of outcome’ and attempts to place this study in the context of the approach taken by Galanter. Such study would not be complete without reference to the work of the late Simon Roberts, which saw civil courts as being transformed into instruments of structured negotiation.

Perceptions of Pretrial Risk Assessment: An Examination Across Role in the Initial Pretrial Release Decision

Pretrial risk assessments are used to inform pretrial release decisions by judicial officers and criminal justice entities. Existing research indicates that negative perceptions of risk assessment can interfere with adherence to the tool. Although perception plays an important role in the implementation of pretrial risk assessment, little is known about what those involved in the initial pretrial release decision—including pretrial officers, judges, prosecutors, and defense attorneys—think about this practice. This study utilized a mixed-methods approach to examine the perceptions of pretrial risk assessment by practitioners and stakeholders across roles in the system. Furthermore, themes relevant to the perceived value of pretrial risk assessment are identified that pertain to the face validity of risk items and the reliability of self-reported information.

Judicial Etiquetee and Conduct of Judicial Officers

Judicial Etiquette, in the professional context of the Bar and the Bench is the customary behavior, good manners and courtesies extended between counsels, and between counsel and the Bench. Judges and Advocates play vital role in maintaining Judicial Etiquette. Whereas, Advocates being professionals are governed by the Code of Conduct and are regulated by their councils, but it is the judges who are required to keep their conduct above board as it is Judge who is required to primarily manage the courtroom. The authority of Judge reaches every corner of the society. The extraordinary power invested in the judicial office demands a high standard of behavior. Judicial Ethics cannot be learn by listing or be taught only by being told. One must live by values to preach and emulating is the best way to learn. Ethics enable the judiciary to struggle with confidence: to chasten oneself and be wise to learn by themselves the true values of life.

Onnoghen’s cjn conundrum, exercise of the executive powers of the president and the practice of separation of powers in Nigeria

This paper examines the exercise of the executive powers of president Buhari in suspending Onnoghen chief justice of Nigeria (CJN) from office. It questions whether the power was rightly exercised by taking a look at applicable provisions of the constitution of the federal republic of Nigeria 1999 as amended pertaining to the appointment and removal of judicial officers. It also examines the doctrine of separation of power in tandem with the rightful exercise of the executive powers of the President. The paper re-echoed a similar situation in Pakistan. It concludes that the executive powers of the president was wrongly exercised.

Enhanced Rights for Detained Persons

The incorporation of habeas corpus and bail in the Cameroonian Criminal Procedure Code has not only entrenched them in law, but has also widened and deepened their scope, with a view to obtaining, as far as possible, the respect for human rights and the rule of law in order to ensure a more functional criminal justice system in Cameroon. The incorporation of habeas corpus and bail in the Cameroon criminal trial process will restrain the arbitrary and illegal use of the powers of the judicial police officers and ensure respect of human rights. Although there are some challenges in the application of habeas corpus and bail such as misuse of the remedies by some overzealous authorities, defiance of court orders in the enforcement of the writ of habeas corpus by administrative authorities, and erosion of confidence in the Judiciary, there is optimism in the conscious efforts being made to ensure that habeas corpus and bail are properly applied so that the Cameroonian Criminal Procedure Code attains its full potential.

The South African Prosecutor in the Face of Adverse Pre-Trial Publicity

Pre-trial publicity regarding a pending criminal case, which publicity may be in the form of media coverage of the case or a prior decision given in parallel judicial proceedings arising from substantially the same facts as the criminal matter, may be adverse to an accused. Such media publicity or findings contained in the parallel judicial decision may implicate the accused in the commission of the crime on which he or she is to stand trial. The publicity may, for example, suggest that the accused is "guilty" of the crime charged, or that the accused is of bad character having had the propensity to commit the crime. Conversely, pre-trial publicity may portray the accused as innocent of any criminal wrongdoing. In other words, pre-trial publicity may prejudge the issues that are to be adjudicated on at trial. A central question that may arise in these instances is whether there is a real and substantial risk that such publicity would materially affect or prejudice the impartial adjudication of the criminal case; that is to say, whether the publicity is likely to have a biasing effect on the trial court in the adjudication process or the outcome of the trial, thereby imperilling the constitutional right to a fair trial.
 Another key consideration, in respect of which there is scant literature and case-law, is the question of the impact which adverse pre-trial publicity may have on the prosecutor in instituting and conducting a prosecution. Being unduly influenced by such publicity, a prosecutor may impinge upon the accused's right to a fair trial. There is also a dearth of authority on how the prosecutor is to function in the face of pre-trial publicity which may be prejudicial to the accused. This article seeks to explore these aspects vis-à-vis the prosecutor. It is posited that in an adversarial criminal justice system the same level of impartiality required of the presiding judicial officer is not required of the prosecutor, and that prosecutorial bias towards the guilt of an accused is inevitable where the prosecutor decides to institute a prosecution after studying the police case docket. Thus, exposure of the prosecutor to virulent pre-trial publicity would not be inimical to the fair disposition of the accused's trial provided that the prosecutor conducts the trial fairly and without undue prejudice to the accused and is dedicated to assisting the court in arriving at the truth. Moreover, additional knowledge and understanding of a case which a prosecutor gains from an extraneous source does not amount to bias or prejudice.

Offenders convicted of child sexual exploitation material offences: characteristics of offenders and an exploration of judicial censure

Research on the discernments of child sexual exploitation material (CSEM), particularly delivered by judicial officers, is limited. Sentencing remarks can disseminate formal messages about the offender’s character while censuring crime. This study aimed to: obtain a deeper understanding on the characteristics of CSEM offenders and explore the censure sentencing judiciary impart. An exploratory content analysis conducted on sentencing remarks of 29 offenders across a 10-year period in Australia found all offenders were male, mostly middle-aged, with diverse employment and education. Most possessed and/or accessed CSEM involving: children under three and the most severe category (sadism/bestiality). Characteristics and censure involved: offender’s motivations and explanations for offending (sub-themes included poor mental health and substance abuse, downplay or denial, and addiction); CSEM offences are not victimless crimes; and disparities in the offender’s public versus private life. This study’s findings are valuable for law, psychology and social work disciplines across Australia and internationally.

Influence of International Law Standards in the Field of Judges Labor Protection and European Integration on the Reform of National Law

The legal regulation of the work of judges is important at the international level, confirming the huge number of international legal acts regulating this issue. A number of important documents have been adopted at the regional level, namely under the auspices of the Council of Europe and the EU.
 The provisions of the Law of Ukraine “On Judiciary and Status of Judges” of 2016 are analyzed. The relations between Ukraine and the EU in the aspect of justice and judicial reform in accordance with the Association Agreement and the impact of such cooperation on the legislation of Ukraine are considered. We can argue for the unconditional influence of the rules of international law on the updated Law of 2016 in the context of a clear definition of the criteria for the selection of candidates for the post of judge.
 The article reveals the peculiarities of the influence of the international legal norms and standards of the Council of Europe and the EU in the matter of securing the labor rights of judges and regulating the issue of legal relations with judges. The article compares the compliance of Ukrainian legislation with international legal standards. In addition, the author proposes changes that need to be made to the legislation of Ukraine in order to ensure the protection of the labor rights of judges and increase the efficiency of the judicial system of Ukraine.
 Having considered violations of labor rights and court decisions on these issues, as well as norms of international law and legislation of European countries, the author proposes to introduce a number of important changes in Ukrainian laws. In particular, it is advisable to make changes to regulate the housing issue of judges by the selection of criteria that are put forward to a candidate for judicial office, recruitment procedures and grounds for dismissal of a judge for professional unfitness. Thus, all relevant changes will not only make adjustments to ensure the labor rights of judges and their protection to international law, but will also serve as additional grounds for maintaining the impartiality and efficiency of the judicial system in Ukraine.

Oaths of Office in American States: Problems and Prospects

Upon assuming office, executive, legislative, and judicial officials swear an oath as evidence of dedication, commitment, and duty to the Constitution. As such, they play a quintessential role in upholding democratic values. Yet contrasted to codes of ethics, oaths get little recognition in the study of public administration. What attention they do receive focuses primarily on the presidential oath of office. This article examines a little-researched topic: governmental oaths in American states. The inquiry is useful because oaths can help safeguard the integrity of civic institutions. As a distinguishing feature of public service, oath-taking nonetheless may be seen as a routine formality without consequence. The article discusses this rite of passage, explores its past and current functions, reviews the literature, and analyzes state oaths. The work concludes with observations on the prospects of these testimonials in troubled times, times that require the restoration of honor, dignity, and virtue in government.

Sherlock Holmes and the Case of Resist/Refuse Dynamics: Confirmatory Bias and Abductive Inference in Child Custody Evaluations

Had Sir Arthur Conan Doyle's fictional detective, the great Sherlock Holmes, actually engaged in deductive reasoning, he would have solved many fewer crimes. In fact, Holmes' logical progression from astute observation to hypotheses is a model of a type of inductive reasoning. This paper argues that mental health professionals tasked to evaluate why a child is resisting/refusing contact with one parent must approach each family the way that Holmes approached each case, without a presumed suspect, moving systematically from detail to hypothesis, well‐versed in the full range of dynamics that may be at play, and erring in favor of parsimony rather than pathology. By contrast, the custody evaluator who approaches these matters through a deductive process, seeking data that support an a priori theory, is vulnerable to confirmatory bias and doing harm to the child whose interests are paramount. The literature concerned with resist/refuse dynamics is reviewed, yielding 13 non‐mutually exclusive variables that evaluators must consider so as to more fully identify why a particular child is resisting or refusing contact with one parent. On this basis, the hybrid model is expanded to include the full spectrum of contributing dynamics. Specific recommendations are made for judicial officers in the interest of writing orders for custody evaluations that minimize the risk of confirmatory bias.Key Points for the Family Court Community Deductive reasoning seeks to confirm or refute an a priori hypothesis Deductive reasoning is highly vulnerable to confirmational bias Confirmational bias can corrupt and invalidate forensic evaluation to the detriment of all involved Resist/refuse dynamics must be understood through an inductive process that is open to all possible hypotheses A survey of the literature identifies at least thirteen mutually compatible hypotheses, all of which must be evaluated Courts must take care to word orders for forensic family evaluations in a manner that minimizes confirmatory bias and invites inductive investigation

Reforming Responses to the Challenges of Judicial Incapacity

Judicial incapacity, while under-researched, presents unique challenges for supporting and responding to issues of judicial performance. In this article, we argue for a reconceptualisation of this topic based on contemporary theories of socially-constructed disability and principles of anti-discrimination law. While assisting and supporting judicial officers who are attempting to work with a disability or ongoing health issue will always be complex, this reconceptualisation offers heads of jurisdiction, conduct commissions and parliamentarians, who retain the ultimate sanction of removal, the opportunity to craft a surer guide for handling cases of incapacity. This will not only better serve the individual concerned, affording them greater agency and dignity than has traditionally been the case, but also protect the principle of judicial independence.