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Date: April 23, 2024 Tue
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Results for courts
78 results foundAuthor: Morgan Harris Burrows LLP Title: Research into the impact of bad character provisions on the courts Summary: This report is based on research that tracked bad character applications received in 6 court centers over eight months in 2006, and interviews with key practitioners. Overall the study found that the new law has had a beneficial but not revolutionary impact on criminal trials. Overall, the new bad character provisions represent a major codification of the behavior relating to the admission of the bad character evidence. The percent of contested cases with a bad character application in the magistrates' court was between 5 and 6 percent. While there was greater variation in the Crown Court: ranging from 72% in Sheffeld and 27% in Bradford. Many of these cases related to the new provision or statutory 'gateway' where evidence of bad character can be put forward which shows the defendant's propensity to commit offences and be untruthful. Details: London: Ministry of Justice, Office for Criminal Justice Reform, 2009 Source: Ministry of Justice Research Series 5/09 Year: 2009 Country: United Kingdom URL: Shelf Number: 115659 Keywords: Admissible EvidenceCourtsCriminal Procedure |
Author: Boruchowitz, Robert C. Title: Minor Crimes, Massive Waste: The Terrible Toll of America's Broken Misdemeanor Courts Summary: The National Association of Criminal Defense Lawyers's comprehensive examination of misdemeanor courts demonstrated that misdemeanor courts across the country are incapable of providing accused individuals with the due process guaranteed them by the Constitution. This report explains, in depth, these and other problems observed in misdemeanor courts and offers recommendations for reform, while highlighting best practices from across the country. Details: Washington, DC: National Association of Criminal Defense Lawyers, 2009 Source: Foundation for Criminal Justice Year: 2009 Country: United States URL: Shelf Number: 115204 Keywords: CourtsDue Process |
Author: Bradford, Deborah Title: An Evaluation of the NSW Court Liaison Services Summary: This report focuses on the court diversion services provided in New South Wales for the purpose of assessing and diverting mentally unwell individuals from the criminal justice system into treatment. Details: Sydney: NSW Bureau of Crime Statistics and Research, 2009 Source: Year: 2009 Country: Australia URL: Shelf Number: 115819 Keywords: CourtsDiversion |
Author: Frazer, M. Somjen Title: The Impact of the Community Court Model on Defendant Perceptions of Fairness: A Case Study at the Red Hook Community Justice Center Summary: This report presents the results of a research project comparing defendant perceptions of fairness in the Red Hook Community Justice Center and a traditional centralized criminal court. The research project had two main goals: 1)to compare defendant perceptions of fairness at the Center and the traditional criminal court and 2) to identify the predictors of defendant perceptions. Details: New York: Center for Court Innovation, 2006. 41p. Source: Year: 2006 Country: United States URL: Shelf Number: 117874 Keywords: CourtsNeighborhood Justice Centers |
Author: Amnesty International Title: Case closed: rape and human rights in the nordic countries Summary: This report shows that women who report rape to the police in the Nordic countries have only a small chance of having their cases tried by a court of law. The result is that many perpetrators are never held to account for their crimes. Amnesty International examines the gaps in laws, procedures and practices and calls on the governments of Denmark, Finland, Norway and Sweden to take steps to ensure justice for all victims and survivors of sexual crimes. Details: London: Amnesty International, 2008, 27p. Source: Internet Source Year: 2008 Country: United Kingdom URL: Shelf Number: 118149 Keywords: CourtsCriminal Justice SystemsCriminal ProcedureEuropeRape |
Author: Daly, Kathleen Title: Defendants in the Circle: Nowra Circle Court, the Presence and Impact of Elders, and Re-Offending Summary: This report presents a qualitative study of how Indigenous offenders view the court process and the role of Indigenous Elders, with reference to the Nowra Circle Court in New South Wales, established in 2002. Details: Brisbane: School of Criminology and Criminal Justice, Griffith University, 2009. 128p. Source: Year: 2009 Country: Australia URL: Shelf Number: 118163 Keywords: CourtsIndigenous PeoplesRestorative Justice |
Author: Howe, Martin, Chair Title: Order in the Courts: Restoring Trust Through Local Justice. A Policy Report from the Courts and Sentencing Working Group. Summary: This report draws on interviews with the public, experts, the judiciary, probation and others involved in the criminal justice system. It makes 40 recommendations which will shift the focus of magistrates' courts, the probation service and prisons onto the communities they serve and will make sentences more productive. Details: London: Centre for Social Justice, 2009. 192p. Source: Breakthrough Britain Year: 2009 Country: United Kingdom URL: Shelf Number: 118166 Keywords: CourtsCriminal Justice SystemsSentencing |
Author: Jacobson, Jessica Title: Vulnerable Defendants in the Criminal Courts: A Review of Provision for Adults and Children Summary: This report examines the treatment of vulnerable defendants within the criminal courts of England and Wales. It is presented in two parts: Part I is concerned with vulnerable adult defendants, particularly those with learning disabilites; Part II is about child defendants -- that is, defendants aged between 10 and 17. The report assesses existing provision for these two groups of vulnerable defendants, and identifies gaps in provision. In addition, the report presents a number of far reaching recommendations. Details: London: Prison Reform Trust, 2009. 68p. Source: Year: 2009 Country: United Kingdom URL: Shelf Number: 117812 Keywords: CourtsDefendantsJuvenile DefendantsLearning Disabilities |
Author: Cohen, Thomas H. Title: Felony Defendants in Large Urban Counties, 2006 Summary: This statistical report presents data collected from a representative sample of felony cases filed in the nation's 75 most populous counties during May 2006. To provide a complete overview of the processing felony defendants from filing to disposition and sentencing, non-murder cases are tracked for one year and murder cases are tracked for two years. Data collected include current arrest charges, demographic characteristics, prior arrests and convictions, criminal justice status at time of arrest, type of pretrial release or detention, bail amount, court appearance record, adjudication outcome, and conviction sentence received. Details: Washington, DC: U.S. department of Justice, Office of Justice Programs, Bureau of Justice Statistics, 2010. 41p. Source: Internet Resource; Bureau of Justice Statistics Bulletin, May 2010 Year: 2010 Country: United States URL: Shelf Number: 118596 Keywords: CourtsCriminal Statistics (U.S.)DefendantsProsecution |
Author: Warren, Roger K. Title: Evidence-Based Practice to Reduce Recidivism: Implications for State Judiciaries Summary: This white paper discusses the implications of principles of evidence-based practice to reduce recidivism for state judiciaries. The paper discusses how diligent application of those principles to state sentencing practices, processes, and policing can restore much-needed balance to our current sentencing systems -- sentencing systems that have swung from one extreme to the other over the last 30 years, in neither case proving very effective in addressing the problem of crime. The paper also suggests that the courts have a key leadership role to play in implementing evidence-based practices, and that evidence-based practice promises to revitalize judges' interest in sentencing just as it has rejuvenated the corrections profession. Details: Boston, MA: Crime and Justice Institute; Washington, DC: U.S. National Institute of Corrections, Community Corrections Division, 2007. 55p. Source: Internet Resource Year: 2007 Country: United States URL: Shelf Number: 118572 Keywords: CourtsJudgesRecidivismSentencing (U.S.) |
Author: Sigsworth, Romi Title: Tracking Rape Case Attrition in Gauteng: The Police Investigation Stage Summary: This report describes the characteristics of reported rape in Gauteng province, as well as the processing of rape cases by the police and courts at selected courts and police stations. One of the study’s key findings was that 45% of rape cases never proceed beyond the police to the courts. This follow-up report analyses in greater detail the police investigation of rape cases in Gauteng and the resultant case attrition at the police investigation stage. Details: Braamfontein, South Africa: Center for the Study of Violence and Reconciliation, 2009. 66p. Source: Internet Resource Year: 2009 Country: South Africa URL: Shelf Number: 117659 Keywords: CourtsPolice InvestigationRape (South Africa)Sexual Assault |
Author: Mahony, Chris Title: The Justice Sector Afterthought: Witness Protection in Africa Summary: This report seeks to address the frictions between protecting the rights of accused persons and protecting the physical and psychological wellbeing of witnesses in Africa. Developed states are still attempting to refine the weighing of these two public goods. The African challenge is complicated by poor capacity and integrity in the justice sector, as well as by lower living standards. These issues commonly cause justice inefficiencies which impede both witness protection and the rights of the accused. While the latter are critical to the integrity of the criminal justice process, witness protection is often the essential component of the successful prosecution of organised crime. Witness protection`s importance is tied to African states` growing willingness to address the phenomena of organised crime. The report addresses witness protection in South Africa as well as initiatives to create protection programmes in Kenya, Uganda and Sierra Leone. It also examines witness protection at the International Criminal Court (ICC), the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL). Its interpretation of witness protection is wide and includes sensitive investigatory, prosecutorial and judicial practices as well as relocation and identity change. Details: Pretoria, South Africa: Institute for Security Studies, 2010. 230p. Source: Internet Resource Year: 2010 Country: South Africa URL: Shelf Number: 118704 Keywords: CourtsWitness ProtectionWitnesses |
Author: Legal Assistance Foundation of Metropolitan Chicago Title: Videoconferencing in Removal Hearings: A Case Study of the Chicago Immigration Court Summary: The Chicago Immigration Court began its use of videoconferencing for detained immigrants in removal hearings in 2002, and contends that the practice increases efficiency and effectiveness. However, after examining over one hundred hearings, this study found videoconferencing riddled with problems such as technological malfunctions and/or failure, lack of proper language interpretation, little or no ability for detainees to communicate with their counsel, and problematic presentation of evidence. Having immigrants appear by television from a small room at a suburban detention center, while the immigration judge, the trial attorney, and the lawyer (if any) are in a downtown courtroom, raises serious concerns. Details: Chicago: The Authors, 2005. 62p., app. Source: Internet Resource Year: 2005 Country: United States URL: Shelf Number: 118774 Keywords: CourtsImmigrantsImmigration CourtVideoconferencing |
Author: Cape, Ed Title: Effective Criminal Defence in Europe: Executive Summary and Recommendations Summary: This executive summary provides an overview of the results of the research project entitled "Effective defence rights in the EU and access to justice: investigating and promoting best practice', which was conducted over a three year period commencing in September 2007. The aim of the project was to explore and compare access to effective defense in criminal proceedings across nine European jurisdiction. Details: Antwerp; Intersentia, 2010. 31p. Source: Internet Resource Year: 2010 Country: Europe URL: Shelf Number: 119373 Keywords: CourtsCriminal ProceedingsDefense Attorneys |
Author: McInnis, Lia Title: Trends in the Use of Suspended Sentences in NSW Summary: "Since they were re-introduced to New South Wales in April 2000, the use of suspended prison sentences has tripled in NSW Local Courts and more than doubled in NSW District and Supreme Courts. The aim of the current study was to assess the extent to which suspended sentences have replaced custodial and non-custodial penalties. In Local Courts, the proportional use of full time and periodic custody sanctions decreased after the introduction of suspended sentences but so did the use of Community Service Orders (CSOs). In the Higher (District and Supreme) Criminal Courts, there appears to have been a small reduction in full-time imprisonment and the use of period detention. The introduction of suspended sentences, however, has also resulted in significant reductions in the use of bonds and CSOs." Details: Sydney: NSW Bureau of Crime Statistics and Research, 2010. 4p. Source: Internet Resource; Crime and Justice Statistics Bureau Brief, Issue Paper No. 47 Year: 2010 Country: Australia URL: Shelf Number: 119366 Keywords: Alternatives to ImprisonmentCourtsProbationSentencing (New South Wales)Suspended Sentences |
Author: National Center for State Courts Title: Guidelines for Implementing Best Practices in Court Buliding Security: Costs, Priorities, Funding Strategies, and Accountability Summary: This report sets out a series of guidelines for implementing best practices for court building security. It is a companion to the document Steps to Best Practices for Court Building Security, by Timothy F. Fautsko et al. This paper includes the following parts: Part One identifies the estimated costs associated with implementing the recommendations contained in the Steps document; Part Two includes a framework of priorities that a court may wish to follow in deciding when and how to implement the recommendations contained in Steps; Part Three recommends strategies for seeking the funds necessary to implement the recommendations contained in Steps; and Part Four describes performance and accountability measures that a court may wish to utilize in order to measure the effectiveness of implementation efforts and to sustain funding for those efforts. Details: Williamsburg, VA: National Center for State Courts, 2010. 63p. Source: Internet Resource Year: 2010 Country: United States URL: Shelf Number: 119445 Keywords: Court SecurityCourts |
Author: Fautsko, Timothy F. Title: Steps To Best Practices For Court Building Security Summary: This report presents the findings of an assessment team that has evaluated court security in terms of “best practices” – guidelines describing those security measures that should be in place with respect to a comprehensive set of topics covering court buildings and court operations. These best practices are not only based on the considerable experience of NCSC assessment team members, but are also a compilation of various guidelines from the U.S. Marshals Service, National Sheriffs’ Association, International Association of Chiefs of Police, the Transportation Safety Administration, the Department of Homeland Security, and the National Association for Court Management. The NCSC assessment team recommends that leadership in every court building strive to achieve best practices in all topic areas to provide a suitable level of security for all those who work in or visit the court building. Details: Williamsburg, VA: National Center for State Courts, 2010. 32p. Source: Internet Resource Year: 2010 Country: United States URL: Shelf Number: 119448 Keywords: Court SecurityCourts |
Author: O'Donovan, Michael Title: South Africa's Perceptions of the Police and the Courts: Results of the 2007 National Victims of Crime Survey Summary: In 2007 the Institute for Security Studies conducted a national crime and victimisation survey. The survey followed on from two earlier victim surveys conducted by the ISS and Statistics South Africa in 1998 and 2003 respectively. Together, these three surveys provide an unprecedented snapshot of both changing victimisation levels and perceptions of crime and the criminal justice system over the last decade. This paper, one of several on the research results, provides an analysis of the findings of the 2007 victimisation survey in respect of preceptions of the public in relation to the functioning of the police and courts. It also provides a comparison between the 2003 and 2007 victmisation survey findings on these matters. Details: Pretoria, South Africa: Institute for Security Studies, 2008. 8p. Source: Internet Resource; ISS Paper 176 Year: 2008 Country: South Africa URL: Shelf Number: 115830 Keywords: CourtsPolicePublic OpinionVictimization SurveysVictims of Crime |
Author: Anwar, Shamena Title: Jury Discrimination in Criminal Trials Summary: This paper examines the impact of jury racial composition on trial outcomes using a unique dataset of all felony trials in Sarasota County, Florida between 2004 and 2009. We utilize a research design that exploits day-to-day variation in the composition of the jury pool to isolate quasi-random variation in the composition of the seated jury. We find strong evidence that all-white juries acquit whites more often and are less favorable to black versus white defendants when compared to juries with at least one black member. Using the Anwar-Fang rank order test, we find strong statistical evidence of discrimination on the basis of defendant race. These results are consistent with racial prejudice on the part of white jurors, black jurors, or both. Using a simple model of jury selection and decision-making, we replicate the entire set of empirical regularities observed in the data, including the fact that blacks in the jury pool are just as likely as whites to be seated. Simulations of the model suggest that jurors of each race are heterogeneous in the standards of evidence that they require to convict and that both black and white defendants would prefer to face jurors of the same race. Details: Cambridge, MA: National Bureau of Economic Research, 2010. 42p. Source: Internet Resource: NBER Working Paper Series; Working Paper 16366: Accessed October 5, 2010 at: http://www.nber.org/papers/w16366.pdf Year: 2010 Country: United States URL: http://www.nber.org/papers/w16366.pdf Shelf Number: 119863 Keywords: CourtsDiscriminationJuriesJurorsTrials |
Author: Ridolfi, Kathleen M. Title: Preventable Error: A Report on Prosecutorial Misconduct in California 1997-2009 Summary: Preventable Error: A Report on Prosecutorial Misconduct in California 1997-2009, the inaugural study of the Veritas Initiative focuses on this extremely critical issue. The most comprehensive statewide study ever undertaken on the misconduct of public prosecutors in state and federal courts, the authors examine over 4,000 cases in California during the period from 1997 to 2009 in which prosecutorial misconduct was alleged. Research determined extensive and systemic failures on the part of the justice system in meeting its obligations. Findings include: Courts found prosecutors committed misconduct in nearly 700 cases and only six prosecutors were publicly disciplined by the California State Bar. The study also revealed that judges often failed to report misconduct to the State Bar despite having a legal obligation to do so. Details: Santa Clara, CA: Northern California Innocence Project at Santa Clara University School of Law, 2010. 113p. Source: Internet Resource: A VERITAS Initiative Report: Accessed October 7, 2010 at: http://www.veritasinitiative.org/downloads/ProsecutorialMisconduct_Exec_Sum.pdf Year: 2010 Country: United States URL: http://www.veritasinitiative.org/downloads/ProsecutorialMisconduct_Exec_Sum.pdf Shelf Number: 119876 Keywords: CourtsProsecutorial MisconductProsecutors |
Author: Grimshaw, Roger Title: Magistrates' Courts' and Crown Court Expenditure, 1999-2009 Summary: Rises in spending on the magistrates' courts and the Crown Court in the past ten years pose difficult choices for the coalition government UK), according to a report published by the independent Centre for Crime and Justice Studies. The report is part of the Spending Briefing series, funded by the Hadley Foundation, which documents trends in criminal justice spending. Magistrates' courts' and Crown Court expenditure 1999-2009 highlights the following: Total expenditure rose to £1027.89 m in 2008/2009. In real terms the magistrates' courts figure rose by 17 per cent from 1998/1999 to 2003/2004 and by 31 per cent from 2005/2006 to 2008/2009. The Crown Court total increased by 10 per cent from 2005/2006 to 2008/2009. Capital expenditure increased very substantially from 2005/2006 to 2008/2009, with a rise of 271 per cent in the Crown Court figure. Employee expenditure for the magistrates' courts rose by 15 per cent from 1998/1999 to 2003/2004 but then declined by 8 per cent, whereas the Crown Court figure declined by 2 per cent from 2005/2006 to 2008/2009. Staff numbers have declined over the past three years by 12 per cent. The magistrates' courts have lost 1,088 staff, equivalent to 14 per cent of their staffing complement, and the Crown Court has lost 150 staff or 6 per cent. The volume of cases brought to the magistrates' courts has declined by 16 per cent since 1998. Meanwhile summary justice exercised by police and prosecutors in the form of cautions and `out-of-court' penalties has grown. Since 2005, cases brought to the Crown Court have increased by 17 per cent. Details: London: Centre for Crime and Justice Studies, 2010. 39p. Source: Internet Resource: Accessed October 8, 2010 at: http://http://www.crimeandjustice.org.uk/publication_download_form_1806.html Year: 2010 Country: United Kingdom URL: http://http://www.crimeandjustice.org.uk/publication_download_form_1806.html Shelf Number: 119891 Keywords: Costs of Criminal JusticeCourts |
Author: Diller, Rebekah Title: The Hidden Costs of Florida's Criminal Justice Fees Summary: Increasingly, states are turning to so-called “user fees” and surcharges to underwrite criminal justice costs and close budget gaps. In this report, we focus on Florida, a state that relies so heavily on fees to fund its courts that observers have coined a term for it – “cash register justice.” Since 1996, Florida added more than 20 new categories of financial obligations for criminal defendants and, at the same time, eliminated most exemptions for those who cannot pay. The fee increases have not been accompanied by any evident consideration of their hidden costs: the cumulative impacts on those required to pay, the ways in which the debt can lead to new offenses, and the costs to counties, clerks and courts of collection mechanisms that fail to exempt those unable to pay. This report examines the impact of the Florida Legislature’s decision to levy more user fees on persons accused and convicted of crimes, without providing exemptions for the indigent. Its conclusions are troubling. Florida relies heavily on fees to underwrite its criminal justice system and, at times, uses monies generated by fees to subsidize general revenue. In many cases, the debts are uncollectible; performance standards for court clerks, for example, expect that only 9 percent of fees levied in felony cases will be collected. Yet, aggressive collection practices result in a range of collateral consequences. Missed payments produce more fees. Unpaid costs prompt the suspension of driving privileges (and, relatedly, the ability to get to work). Moreover, collection practices are not uniform across the state. Court clerks have most of the responsibility. In some judicial circuits, the courts themselves take a more active role. At their worst, collection practices can lead to a new variation of “debtors’ prison” when individuals are arrested and incarcerated for failing to appear in court to explain missed payments. As most prisons and jails are at capacity, and unemployment and economic hardship are widespread, it is time to consider whether heaping more debt on those unable to afford it is a sensible approach to financing essential state functions. Details: New York: Brennan Center for Justice at New York University School of Law, 2010. 42p. Source: Internet Resource: Accessed October 11, 2010 at: http://www.brennancenter.org/page/-/Justice/FloridaF%26F.pdf?nocdn=1 Year: 2010 Country: United States URL: http://www.brennancenter.org/page/-/Justice/FloridaF%26F.pdf?nocdn=1 Shelf Number: 119919 Keywords: CourtsFinesSupervision FeesUser Fees |
Author: Kemp, Vicky Title: Transforming Legal Aid: Access to Criminal Defence Services Summary: With legal aid costs increasing significantly over recent years the previous Government and Legal Services Commission (LSC) had embarked on a programme of transforming the legal aid system. The intention of the reform programme was to control rising costs and to provide a sustainable legal aid scheme for the future. With the formation of the new Government in May 2010, reform of legal aid remains high on its agenda. Indeed, an internal policy assessment into legal aid is currently being undertaken with a view to developing proposals for reform of legal aid, on which views will be sought in the autumn. With legal aid reform having the potential to change the organisation of criminal defence services, the LSC had asked the Legal Service Research Centre (LSRC) to undertake a survey of users in the criminal justice system. Over 1,000 people were interviewed and asked about their choice and use of a solicitor. Interim findings were published by the LSRC in November 2008. These findings have helped to highlight potential barriers to legal advice. With a paucity of research having been undertaken recently into criminal legal aid, further research has been conducted in order to examine access to criminal defence services within the changing context of the wider criminal justice system. Details: London: Legal Services Research Centre, 2010. 145p. Source: Internet Resource: Accessed October 15, 2010, at: http://lsrc.org.uk/publications/TransformingCrimDefenceServices_29092010.pdf Year: 2010 Country: United Kingdom URL: http://lsrc.org.uk/publications/TransformingCrimDefenceServices_29092010.pdf Shelf Number: 119984 Keywords: CourtsCriminal DefenseLegal AidLegal Assistance to the Poor |
Author: Nugent-Borakove, M. Elaine Title: Exploring the Feasibilitiy and Efficacy of Performance Measures in Prosecution and Their Application to Community Prosecution Summary: How is success measured in prosecution? Is it conviction rates, the outcome of a single high profile case, a low number of plea bargains, or less crime? What information can prosecutors look to justify funding requests, respond to vague criticism of office performance, or to make management decisions? Until recently, prosecutors lacked any empirically-based guidance that adequately addressed the need for a menu of performance measures that can be used to answer these questions. In 2003, with funding from the National Institute of Justice and the Charles G. Koch Charitable Foundation, the American Prosecutors Research Institute (APRI), the research and development division of the National District Attorneys Association, began to tackle this issue by convening a group of experienced prosecutors, policymakers, economists, and academics to develop a performance measurement framework for prosecutors. The resulting Prosecution for the 21st Century performance measurement framework, shown in Exhibit 1, identifies measurable goals and objectives for prosecutors that are linked to a series of possible performance measures. Unlike previous attempts to define performance measures for prosecutors, the performance measurement framework is built upon a comprehensive set of goals and objectives that take into account the many different roles prosecutors undertake in their day-to-day activities. Both the traditional case processing and sanction setting roles form the foundation for the first goal to promote the fair, impartial, and expeditious pursuit of justice. Newer roles relating to more proactive problem-solving efforts and community-based prosecution are addressed largely in the second goal, to ensure safer communities. Finally, the idea of the prosecutor as a leader in the judicial system is the basis for the final goal to promote integrity in the prosecution profession and coordination in the justice system. The three goals are defined in a manner to capture the intended results of all the various functions of the local prosecutor—case processing, crime prevention and intervention, and the overall administration of justice—respecting the unique role of the prosecutor and accounting for the continual evolution of the prosecutorial function. Related to each of these goals is a series of objectives from which a menu of performance measures was generated. The framework is intended to provide a guide for performance measurement in prosecution that is tailorable to the unique situations of individual prosecutors’ offices but also broad enough to suggest appropriate measures for more large scale research on prosecution. The performance measures shown in the framework are intended to represent a menu of possible measures that an office might use depending on the office’s specific policies and practices. For example, if an office does not place defendants and/or offenders into treatment programs, measures related to placements in treatment programs would not be appropriate. Details: Alexandria, VA: National Prosecutors Research Institute, 2009. 82p. Source: Internet Resource: Accessed October 20, 2010 at: http://www.ncjrs.gov/pdffiles1/nij/grants/227668.pdf Year: 2009 Country: United States URL: http://www.ncjrs.gov/pdffiles1/nij/grants/227668.pdf Shelf Number: 120028 Keywords: Community ProsecutionCourtsPerformance MeasuresProsecution |
Author: Minnesota: Office of the Legislative Auditor Title: Evaluation Report: Public Defender System Summary: Public defenders fulfill a constitutional requirement. By representing people who cannot afford an attorney in criminal proceedings, public defenders can also help the judicial process operate more efficiently. However, budget cuts and growing workloads have raised concerns about the state’s public defender system. In response, the Legislative Audit Commission requested an evaluation. We found that the public defender system faces significant challenges. Workloads are too high, affecting both the ability of public defenders to represent clients and the operation of state courts. We offer several recommendations to improve the system, but options for significant change will require additional resources. Details: St. Paul, MN: Office of the Legislative Auditor, Program Evaluation Division, 2010. 76p. Source: Internet Resource: Accessed October 20, 2010 at: Year: 2010 Country: United States URL: Shelf Number: 120025 Keywords: CourtsLegal AidLegal Assistance to the PoorPublic Defenders |
Author: Leonardi, Cherry Title: Local Justice in Southern Sudan Summary: Since its establishment five years ago under the Comprehensive Peace Agreement (CPA), the Government of Southern Sudan (GoSS) has struggled to create a justice system that reflects the values and requirements for justice among the people of Southern Sudan. For both political and practical reasons, chiefs’ courts and customary law are central to this endeavor. A key question facing the GoSS is how to define the relationship between chiefs’ courts (and the ideas about law that they embody) and the courts of Southern Sudan’s judiciary, while ensuring equal access to justice and the protection of human rights. Policy discussions and recent interventions have focused on ascertainment, whereby the customary laws of communities (usually defined as ethnic groups) would be identified and recorded in written form, to become the basis for the direct application, harmonization, and modification of customary law. This report empirically analyzes the current dynamics of justice at the local level, identifying priorities for reform according to the expressed needs and perceptions of local litigants. Our findings are based on field research conducted from November 2009 to January 2010 in three locations in Southern Sudan: Aweil East, Wau, and Kajokeji. Details: Washington, DC: United States Institute of Peace, 2010. 94p. Source: Internet Resource: Peaceworks No. 66: Accessed October 20, 2010 at: http://www.swisspeace.ch/typo3/fileadmin/user_upload/pdf/KOFF/country_resources/Sudan_Platform/Local_Justice_in_Southern_Sudan.pdf Year: 2010 Country: Sudan URL: http://www.swisspeace.ch/typo3/fileadmin/user_upload/pdf/KOFF/country_resources/Sudan_Platform/Local_Justice_in_Southern_Sudan.pdf Shelf Number: 119973 Keywords: CourtsCriminal Justice SystemsHuman Rights |
Author: Morgan, Anthony Title: Evaluation of the Queensland Murri Court: Final Report Summary: There have been a variety of innovative court models introduced, piloted and implemented across Australia to improve the effectiveness of the criminal justice system in dealing with specific offender populations. Indigenous sentencing courts have been established in most Australian jurisdictions in order to reduce high rates of reoffending among Indigenous offenders and to provide a more culturally - appropriate criminal justice process for Indigenous Australians that increases the involvement and confidence of the Indigenous community in the courts. There are a growing number of evaluations investigating the operation and effectiveness of these court models. These are important because they can provide policymakers, judiciary and court partners with an evidence base upon which to make decisions regarding the expansion, improvement and development of both new and existing court programs. This report presents the findings from the Australian Institute of Criminology’s (AIC) comprehensive evaluation of the Queensland Murri Court, undertaken with the support and assistance of a range of stakeholders involved in the program. Details: Canberra: Australian Institute of Criminology, 2010. 158p. Source: Internet Resource: AIC Technical and Background Paper No. 39: Accessed October 25, 2010 at: http://www.aic.gov.au/documents/9/C/3/%7B9C3FF400-3995-472B-B442-789F892CFC36%7Dtbp039.pdf Year: 2010 Country: Australia URL: http://www.aic.gov.au/documents/9/C/3/%7B9C3FF400-3995-472B-B442-789F892CFC36%7Dtbp039.pdf Shelf Number: 120068 Keywords: CourtsIndigenous OffendersIndigenous Peoples |
Author: Great Britain. HM Crown Prosecution Service Inspectorate Title: Abandoned Prosecutions: An Audit of CPS Performance Relating to the Handling of Discharged Committals Summary: This report deals with the issue of discharged committals, which represent a category of case which is not brought to justice and as a consequence resources are wasted across the criminal justice system. The cost to the CPS of these abandoned prosecutions amounts to potentially more than £600,000 a year. The report outlines where CPS processes need to improve if valuable resources are to be used more efficiently. Details: London: HM Crown Prosecution Service Inspectorate, 2010. 33p. Source: Internet Resource: Accessed October 29, 2010 at: http://www.hmcpsi.gov.uk/documents/services/reports/AUD/HDC_audit_Oct10_rpt.pdf Year: 2010 Country: United Kingdom URL: http://www.hmcpsi.gov.uk/documents/services/reports/AUD/HDC_audit_Oct10_rpt.pdf Shelf Number: 120129 Keywords: CourtsProsecution |
Author: Byles, Dennis Title: Sentencing in the Koori Court Division of the Magistrates' Corut: A Statistical Report Summary: In 1991, the Royal Commission into Aboriginal Deaths in Custody reported that Indigenous people were significantly over-represented in police custody, prisons and juvenile detention centres. Following the Royal Commission’s recommendations, the Victorian Government resolved to put into place strategies to reduce the Indigenous custody rate. One such initiative, first piloted in 2002, was the establishment of the Koori Court Division of the Victorian Magistrates’ Court (‘the Koori Court’). Through the participation of Aboriginal Elders, Respected Persons and other members of the Indigenous community in the hearing process, the Koori Court aims to provide a more culturally relevant and inclusive sentencing process for Indigenous people charged with offences. This report uses newly available data for a statistical profile of accused persons appearing before the Koori Court. The report also covers the offences heard and sentencing outcomes. Details: Melbourne: Victoria Sentencing Advisory Council, 2010. 70p. Source: Internet Resource: Accessed November 4, 2010 at: http://www.sentencingcouncil.vic.gov.au/sites/sentencingcouncil.vic.gov.au/files/sentencing_in_the_koori_court_division_of_the_magistrates_court.pdf Year: 2010 Country: Australia URL: http://www.sentencingcouncil.vic.gov.au/sites/sentencingcouncil.vic.gov.au/files/sentencing_in_the_koori_court_division_of_the_magistrates_court.pdf Shelf Number: 120186 Keywords: CourtsIndigenous PeoplesSentencing (Australia) |
Author: Beranger, Boris Title: Reducing Indigenous Contact With the Court System Summary: This report examines the relationship between the number of Indigenous defendants appearing in the NSW Local Court and the rate of Indigenous recidivism. A simple model of the Indigenous recidivism process was developed and then used to simulate the effect of changes in the rate of Indigenous recidivism. It was found that reducing the rate of Indigenous recidivism is an effective way of reducing the over-representation of Indigenous defendants in court. A 20 per cent reduction in the rate of Indigenous re-appearance in the court system, for example, would reduce the ratio of Indigenous to non-Indigenous Local Court appearances from 1 in every 9.6 cases to 1 in every 18.6 cases. Efforts to reduce Indigenous over-representation in the criminal justice system should be focussed on offender rehabilitation and assistance in promoting compliance with court orders. Details: Sydney: NSW Bureau of Crime Statistics and Research, 2010. 4p. Source: Internet Resource: Bureau Brief, Issue Paper No. 54: Accessed December 10, 2010 at: http://www.bocsar.nsw.gov.au/Lawlink/bocsar/ll_bocsar.nsf/vwFiles/BB54.pdf/$file/BB54.pdf Year: 2010 Country: Australia URL: http://www.bocsar.nsw.gov.au/Lawlink/bocsar/ll_bocsar.nsf/vwFiles/BB54.pdf/$file/BB54.pdf Shelf Number: 120444 Keywords: CourtsIndigenous Peoples (Australia)ReconvictionRehabilitation |
Author: Australia. Senate Legal and Constitutional Affairs References Committee Title: Australia's Judicial System and the Role of Judges Summary: This report looks at Australia's judicial system and the role of judges. It includes the terms of reference related to the federal courts and covers procedures for the appointment and termination of judges, terms of employment, jurisdictional issues, and the judicial complaints handling system. Details: Canberra: The Senate, 2009. 136p. Source: Internet Resource: Accessed December 14, 2010 at: http://www.aph.gov.au/senate/committee/legcon_ctte/judicial_system/report/report.pdf Year: 2009 Country: Australia URL: http://www.aph.gov.au/senate/committee/legcon_ctte/judicial_system/report/report.pdf Shelf Number: 120495 Keywords: CourtsJudgesJudicial System (Australia) |
Author: Title: Reforming Afghanistan's Broken Judiciary Summary: Afghanistan’s justice system is in a catastrophic state of disrepair. Despite repeated pledges over the last nine years, the majority of Afghans still have little or no access to judicial institutions. Lack of justice has destabilised the country and judicial institutions have withered to near non-existence. Many courts are inoperable and those that do function are understaffed. Insecurity, lack of proper training and low salaries have driven many judges and prosecutors from their jobs. Those who remain are highly susceptible to corruption. Indeed, there is very little that is systematic about the legal system, and there is little evidence that the Afghan government has the resources or political will to tackle the challenge. The public, consequently, has no confidence in the formal justice sector amid an atmosphere of impunity. A growing majority of Afghans have been forced to accept the rough justice of Taliban and criminal powerbrokers in areas of the country that lie beyond government control. To reverse these trends, the Afghan government and international community must prioritise the rule of law as the primary pillar of a vigorous counter-insurgency strategy that privileges the protection of rights equally alongside the protection of life. Restoration of judicial institutions must be at the front and centre of the strategy aimed at stabilising the country. The Afghan government must do more to ensure that judges, prosecutors and defence attorneys understand enough about the law to ensure its fair application. Reinvigoration of the legal review process and the adoption of a more dynamic, coordinated approach to justice sector reform are critical to changing the system. Justice is at the core of peace in Afghanistan and international engagement must hew to the fundamental goal of restoring the balance of powers in government and confronting governmental abuses, past and present. Urgent action is also needed to realign international assistance to strengthen support for legal education, case management, data collection and legal aid. Legal institutions and legal elites have been deeply affected by the political paroxysms of more than three decades of conflict. The judiciary has been scarred by a legacy of political interference by both Afghan powerbrokers and external actors. Judicial independence has, as a result, been one of the main casualties of Afghanistan’s protracted war. The courts, for years, have suffered manipulation from an executive branch that has abused the law to fortify its position in the ongoing tussles between the secular and religious, the centre and periphery, the rich and poor. The Afghan government’s historic inability and persistent unwillingness to resolve conflicts between state codes, Islamic law and customary justice embedded in the legal culture have further destabilised the country. The critical leverage provided to fundamentalists in the constitution has concurrently had a deep impact on the evolution of legal institutions. The strong presidential system adopted under the 2004 constitution has only exacerbated the weakness of judicial institutions. The lack of a clearly defined arbiter of the constitution has undercut the authority of the Supreme Court and transformed the court into a puppet of President Hamid Karzai. Given the wide range of powers granted the president and lack of checks and balances in the system, it is unrealistic to expect change will come from his quarter. The international community, meanwhile, has done little to create incentives for political restraint and accountability within the executive. The National Assembly must, therefore, consider its options for triggering constitutional review either through convening a constitutional Loya Jirga, or grand assembly, or through the adoption of a constitutional amendment requiring the initiation of a full-scale review of the founding document by 2014. Friction between various stakeholders over the priority and content of rule of law reforms is blocking progress. There is a strong need to improve the legal review process by building capacity at the ministry of justice, with combined input from Afghan officials and expert international advisers. At the local level, the government and international community must deliver on the promise made at the 2007 rule of law conference in Rome to support better coordination between primary courts in the provinces and districts and high courts in Kabul. Dysfunction at the provincial level has long been a hallmark of a system unable to resolve tensions between its highly centralised organisation and the diffusion of the population across difficult and often inaccessible terrain. Over the years, the Afghan government and the international community have endeavoured to resolve this problem, most notably through the introduction of regional trainings for Afghan judges and prosecutors. This is not enough. After nearly a decade of financial pledges and promises, neither the government nor the international community have a full picture of the demand for legal services at the provincial and district level. Province-by-province assessments of the courts, attorney general’s office and ministry of justice, including a focused look at caseloads, settlement and conviction rates, shortages in personnel, materiel and infrastructure should be regularly conducted and made available to the public. Developing a concrete, dynamic understanding of deficits in the system is the first step toward crafting an effective strategy for reform. In its desperation to find quick fix solutions, the international community, and the U.S. in particular, has begun to look to the informal justice sector as a means to an undefined end. This is problematic for a number of reasons. While it is true that the use of traditional Afghan jirgas and shuras to resolve disputes, particularly in rural areas, is so widespread that it cannot be ignored, the current government is a long way from having the capacity to integrate the decisions of such councils into the formal system. Their multiplicity, the plurality of customs and the erosion of the social order during years of violent conflict have degraded the positive influence and real authority of such jirgas. Moreover, the exclusion of women from these informal judicial councils poses serious problems for the state’s constitutional obligation to defend the principle of equality under the law. International involvement in this sphere will do little to enhance rule of law in the near term and it may, indeed, sow more confusion over the state’s legal authority and the real objectives of coalition partners. The task of monitoring and evaluating such councils has meanwhile fallen to a private U.S. contractor with an uneven track record in implementing rule of law programs in this and other countries. Outsourcing a task as delicate as monitoring the complex politics of tribal justice to a contractor with limited knowledge of the region is to nobody’s benefit. The U.S. and its NATO allies must also acknowledge that stabilisation will depend as much on the legitimacy of state authority and re-establishment of the rule of law as it will on rebuilding Afghanistan’s police and military. To restore its legitimacy, the Afghan government will have to work much harder to eliminate corruption, ensure fair trial standards and curtail arbitrary detentions. Extrajudicial actions by the U.S. and its coalition partners against Afghan citizens have also distorted the justice system and are fuelling the insurgency. U.S. and NATO actions must conform to national and international laws, including an end to arbitrary detentions. There should be no expectation that Afghan officials and institutions will realign the justice system to conform to international norms until U.S. and NATO allies adjust their own policies and practices. The report ends with a number of recommendations. Details: Brussels: International Crisis Group, 2010. 39p. Source: Internet Resource: Asia Report No. 195: Accessed December 16, 2010 at: http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/195%20Reforming%20Afghanistans%20Broken%20Judiciary.ashx Year: 2010 Country: Afghanistan URL: http://www.crisisgroup.org/~/media/Files/asia/south-asia/afghanistan/195%20Reforming%20Afghanistans%20Broken%20Judiciary.ashx Shelf Number: 120534 Keywords: CourtsCriminal Justice Systems (Afghanistan)JudgesJudiciary |
Author: New South Wales. Parliament. Legislative Council. Standing Committee on Law and Justice Title: Inquiry Into Judge Alone Trials Under s.132 of the Criminal Procedure Act 1986 Summary: This inquiry into judge alone trials under section 132 of the Criminal Procedure Act 1986 was commenced after the Attorney General requested that the Committee consider a proposal to amend the Act so as to allow either party in criminal proceedings to apply to the court for trial by judge alone, without a requirement that the prosecution consents to the application, with the decision to be made by the court based on the interests of justice. The terms of reference for the Inquiry outlines the proposed model which the Committee, with the assistance of stakeholders, has considered. The proposed model for judge alone trials shifts the application and decision making process from the Office of the Director of Public Prosecution (ODPP) to the courts. This shift is most significant in instances where the accused applies for a judge alone trial and the prosecution does not consent. In this situation it is the court that would determine the application on the basis of an 'interests of justice' test. This shift in decision making power from the ODPP to the court evoked much discussion amongst Inquiry participants, with a clear dichotomy of views emerging during the Inquiry. On balance, and after much deliberation, the Committee has concluded that the proposed model for judge alone trials provides a fair and transparent system for both the accused and the prosecution to apply for a judge alone trial. Our careful consideration of the model has, however, led us to identify three areas where the model can be improved. These areas relate to the need for the accused to provide informed consent to applications for judge alone trials, raising the threshold in the jury tampering exception, and ensuring that the 'interests of justice' test includes an inclusive, not exhaustive, list of factors for the courts to consider in determining applications for a judge alone trial. The Committee considers that, subject to our recommended changes, the proposed model will provide a transparent and equitable method of applying for, and determining, applications for judge alone trials. While the Committee has supported the proposed model for judge alone trials, this should not be taken as support for judge alone trials as a replacement for jury trials. The Committee believes that both modes of trial have an essential role to play in our criminal justice system. Details: Sydney: The Committee, 2010. 113p. Source: Internet Resource: Report no. 44: Accessed December 23, 2010 at: http://www.parliament.nsw.gov.au/prod/parlment/committee.nsf/0/8532dcbfa13afcc7ca2577d400826cd1/$FILE/101108%20Final%20Report.pdf Year: 2010 Country: Australia URL: http://www.parliament.nsw.gov.au/prod/parlment/committee.nsf/0/8532dcbfa13afcc7ca2577d400826cd1/$FILE/101108%20Final%20Report.pdf Shelf Number: 120627 Keywords: CourtsCriminal Procedure (Australia)Criminal TrialsJudges |
Author: Bertrand, Lorne D. Title: Juror Stress Debriefing: A Review of the Literature and an Evaluation of a Yukon Program Summary: In 2005, the Yukon Department of Justice received funding from Justice Canada to set up a pilot project to research the jury experience in the Yukon during the course of homicide trials that were expected to take place during the following two years. The intent of the project was to evaluate the effectiveness of providing jury debriefing sessions in mitigating stress that jurors may experience as a result of serving on these juries. The study would contribute to the modernization of the justice system in the north and in small communities by providing valuable information about the impact on jurors of the experience of being involved in long and complex trials. The project examined the stresses that Canadian jurors experience when they sit on trials that are lengthy, complex and that contain large volumes of information that may often be disturbing. It considered what kinds of assistance might be appropriate to debrief juries so that they could deal effectively with emotionally distressing information to which they were exposed during the course of the trial. The project also examined the particular stresses that inhabitants of small communities with a significant Aboriginal population experience as a result of sitting on juries in those communities. A further aspect of the project was to look at the limits of doing research on juries in Canada given the restrictions set out in s. 649 of the Criminal Code of Canada. Details: Calgary, Alberta: Canadian Research Institute for Law and the Family, 2008. 100p. Source: Internet Resource: Accessed March 8, 2011 at: http://people.ucalgary.ca/~crilf/publications/Jury_Stress_Final_Report.pdf Year: 2008 Country: Canada URL: http://people.ucalgary.ca/~crilf/publications/Jury_Stress_Final_Report.pdf Shelf Number: 120886 Keywords: CourtsJuriesJurors (Canada)Trials |
Author: Victorian (Australia) Auditor General Title: Problem-Solving Approaches to Justice Summary: This audit examined whether the Neighbourhood Justice Centre (NJC) at Collingwood and the Court Integrated Services Program (CISP) at the Magistrates' Court's Melbourne, Sunshine and Latrobe Valley sites are reducing reoffending of participants and achieving client and community outcomes. The audit also assessed whether the two programs were based on sound evidence and whether the Department of Justice (the department) and the Magistrates' Court (the court) have effectively managed the programs. While CISP demonstrably reduced reoffending for offenders selected for an evaluation, definitive conclusions cannot yet be made for NJC. This is primarily because the NJC's evauation could only rely on the small number of offenders who had completed the program. The department's public reporting of both programs has not fairly represented the findings from the evaluations. Data collection and analysis also need to be addressed to improve the ability of future program evaluation in this area. While the department developed both programs based on solid evidence and research, its funding submissions could have been clearer about the programs' objectives and performance indicators. The department successfully managed NJC’s implementation overall. In the early implementation of CISP, the performance of the department and the court was mixed. Problems, such as the lack of consultation with the court and inadequate governance arrangements, delayed the CISP's launch. Since the initial difficulties, the court has managed CISP effectively. Details: Melbourne: Victorian Government Printer, 2011. 50p. Source: Internet Resource: Accessed April 21, 2011 at: http://download.audit.vic.gov.au/files/20110406-Justice.pdf Year: 2011 Country: Australia URL: http://download.audit.vic.gov.au/files/20110406-Justice.pdf Shelf Number: 121468 Keywords: CourtsNeighborhood Justice CentersRecidivismReoffending (Australia) |
Author: Great Britain. Law Commission Title: Expert Evidence in Criminal Proceedings in England and Wales Summary: This project addressed the admissibility of expert evidence in criminal proceedings in England and Wales. In a criminal trial, a jury or magistrates' court is required to determine disputed factual issues. Experts in a relevant field are often called as witnesses to help the fact-finding body understand and interpret evidence with which that body is unfamiliar. The current judicial approach to the admissibility of expert evidence in England and Wales is one of laissez-faire. Too much expert opinion evidence is admitted without adequate scrutiny because no clear test is being applied to determine whether the evidence is sufficiently reliable to be admitted. This problem is exacerbated in two ways: •First, because expert evidence (particularly scientific evidence) will often be technical and complex, jurors will understandably lack the experience to be able to assess the reliability of such evidence. There is a danger that they may simply defer to the opinion of the specialist who has been called to provide expert evidence. •Secondly, in the absence of a clear legal test to ensure the reliability of expert evidence, advocates do not always cross-examine experts effectively to reveal potential flaws in the experts' methodology, data and reasoning. Juries may therefore be reaching conclusions on the basis of unreliable evidence. This conclusion is confirmed by a number of miscarriages of justice in recent years. Details: London: The Stationery Office, 2011. 219p. Source: Internet Resource: HC 829: Accessed May 4, 2011 at: http://www.justice.gov.uk/lawcommission/docs/lc325_Expert_Evidence_Report.pdf Year: 2011 Country: United Kingdom URL: http://www.justice.gov.uk/lawcommission/docs/lc325_Expert_Evidence_Report.pdf Shelf Number: 121612 Keywords: CourtsCriminal EvidenceExpert Witnesses (U.K.)Trials |
Author: Ingram, Matthew C. Title: Justiciabarómetro: Survey of Judges, Prosecutors, and Public Defenders in Nine Mexican States Summary: The Justiciabarómetro: Judicial Survey is a timely study of the judges, prosecutors, and public defenders that operate Mexico’s criminal justice system. The study’s results shed new light on both the current state of the administration of justice in Mexico and the sources of support for and resistance to the sweeping judicial reforms initiated by the administration of Mexican President Felipe Calderón in 2008. Among the key findings are the following: • General satisfaction with compensation, but frustration with workload varies: Judges, prosecutors, and public defenders appear to be generally satisfied with the levels of compensation they receive, though frustration with salary and workload vary by state. • Experience and merit drives professional advancement, but some see politics: Most respondents agreed that experience and training are a primary basis for employment and promotion, a significant portion of respondents feel that political contacts also play a role. • Despite respect for legality, some tolerance of unlawful behavior for justice: Regarding lawful behavior, there was widespread agreement that “illegal conduct” is unacceptable, even if no one gets hurt. However, one in four respondents —28.2%— were willing to tolerate occasional illegalities in the pursuit of justice. • Judges and defenders tend to see prosecutors as lacking in competency and integrity: While all respondents tended to have a high opinion of the professional competency and integrity of judges and public defenders, prosecutors were viewed as less competent and trustworthy by their colleagues in other professions. • Public defenders are more critical of procedure efficiency and perceive more violations of due process than judges and prosecutors: There were significant differences judges and prosecutors, on the one hand, and public defenders, on the other regarding the efficiency of the criminal justice system. Also, judges and prosecutors tend to believe that violations of due process —such as forced confessions— are very rare or never used, while public defenders are much more likely to disagree. • New judicial reforms seen by some ineffective, a result of foreign influence, and unlikely to reduce crime. Respondents were split on the effectiveness and efficiency of Mexico’s traditional criminal justice system, on whether that system was deliberately discredited to make way for the 2008 judicial reform, on whether foreign interests were behind the new judicial system, and whether judicial reform will reduce criminality. • Even so, new criminal procedures are generally well regarded, especially in states still awaiting reform. Still, the provisions included in the 2008 reforms —introducing oral, adversarial criminal procedures— were well regarded, particularly in states where they had not yet taken effect; the most significant reservations tended to register among respondents from states that had already adopted the reforms for some time. Many respondents are optimistic that it will improve efficiency and reduce corruption in the judicial system. Details: San Diego: Justice in Mexico Project, University of San Diego Trans-Border Institute, 2011. 136p. Source: Internet Resource: Accessed June 27, 2011 at: http://justiceinmexico.files.wordpress.com/2010/07/justiciabarometro-judicial-survey.pdf Year: 2011 Country: Mexico URL: http://justiceinmexico.files.wordpress.com/2010/07/justiciabarometro-judicial-survey.pdf Shelf Number: 121865 Keywords: Administration of JusticeCorruptionCourtsCriminal Justice Systems (Mexico)JudgesProsecutorsPublic Defenders |
Author: Ingram, Matthew C. Title: Assessing Mexico's Judicial Reform: Views of Judges, Prosecutors, and Public Defenders Summary: Assessing Judicial Reform in Mexico highlights the findings of a recent Justiciabarómetro survey of 276 judges, prosecutors, and public defenders working in Mexico’s criminal justice system from October to December 2010. The full report is available at www. justiceinmexico.org. This special report summarizes respondants’ attitudes regarding the workings of the Mexican criminal justice system, as well as the sweeping judicial reforms approved by Mexico’s Congress in 2008. Among the key findings highlighted in this report are the following: • Frustration with workload varies by state and profession: Judges, prosecutors, and public defenders appear to be generally satisfied with the levels of compensation they receive, though frustration with salary and workload vary by state. • General support for the traditional Mexican legal system remains strong: More than half of the respondents —especially judges— indicated that Mexico’s traditional inquisitorial system was both efficient and effective, and at least a third feel that the traditional system was disparaged by a deliberate, negative campaign designed to promote a shift to the new adversarial system. • Public defenders are more critical of the traditional system than others: There were significant differences between judges and prosecutors, on the one hand, and public defenders, on the other, regarding the efficiency of the criminal justice system. Also, judges and prosecutors tend to believe that violations of due process —such as forced confessions— are very rare or never used, while public defenders are more likely to strongly disagree. • There is significant skepticism about recent judicial reforms. Our findings suggest that there lingering concerns about reform efforts, above all among those who are currently attempting to work within the new oral, adversarial system. Respondents were split on whether judicial reform will reduce criminality, and a significant proportion feel that the reforms were the result of pressure by foreign governments and organizations. • Even so, there is hope that recent reforms will improve the justice system. Despite the concerns we find, the provisions included in the 2008 reforms —introducing oral, adversarial criminal procedures— were generally well regarded, particularly in states where they had not yet taken effect. While there are significant reservations in states that have already adopted the reforms for some time, many respondents are optimistic that they will ultimately help to improve efficiency and reduce corruption in the judicial system. Details: San Diego: Justice in Mexico Project, University of San Diego Trans-Border Institute, 2011. 38p. Source: Internet Resource: Accessed June 27, 2011 at: http://justiceinmexico.files.wordpress.com/2010/07/tbi-assessing-judicial-reform1.pdf Year: 2011 Country: Mexico URL: http://justiceinmexico.files.wordpress.com/2010/07/tbi-assessing-judicial-reform1.pdf Shelf Number: 121866 Keywords: Administration of JusticeCorruptionCourtsCriminal Justice Systems (Mexico)JudgesJudicial ReformProsecutorsPublic Defenders |
Author: Corrigan, James Title: Use of Legal Services by the Criminal Justice System Summary: The criminal justice system is the largest purchaser of legal services in the public sector. Over the three year period 2007-10, the cost of criminal legal aid was £155 million. The cost of the Public Prosecution Service (PPS) was £106 million. In addition the legal services necessary to support the operational and corporate activities of other justice organisations was £36 million over the same period. The purpose of the inspection was to assess the manner in which legal services were identified and resourced, determine the breakdown of legal expenditure and review procurement arrangements for external legal services. The inspection did not consider criminal legal aid in detail as this has recently been subject to work by the Northern Ireland Audit Office. The inspection report has identified a number of changes required regarding the ways in which legal services are provided. In particular the purchasing of legal services lacks the discipline used and expected for other professional services. Standard competitive arrangements are embryonic (used mainly for the services of solicitors) with costs determined by a range of different fee structures which have lacked transparency and predictability. Many justice organisations were unaware of the actual costs until completion of the work and this can exceed the original estimates. This practice is generally considered unacceptable in other commercial environments, where the supplier of a service would be expected to provide an estimate of the costs of service provision and to justify and explain variations from these estimates. The inspection report also highlighted the differential payments made to defence and prosecution counsel. There is a need to develop a common approach to achieve a convergence between the level of prosecution and legal aid fees. A significant and sustained improvement in value for money across the justice system requires a more co-ordinated and consistent approach by public sector buyers. The current fragmented approach linked to a plethora of different fee arrangements/schemes for different types of services (for example, criminal legal aid, civil work, prosecution and defence work) has hindered progress. The Department of Justice (DoJ) is best placed to take the lead in this regard. Details: Belfast: Criminal Justice Inspection Northern Ireland, 2011. 60p. Source: Internet Resource: Accessed June 29, 2011 at: http://www.cjini.org/CJNI/files/50/503670ba-f0a8-4fc8-9842-725c09c0100e.pdf Year: 2011 Country: United Kingdom URL: http://www.cjini.org/CJNI/files/50/503670ba-f0a8-4fc8-9842-725c09c0100e.pdf Shelf Number: 121895 Keywords: CourtsCriminal Justice SystemLegal Services (Northern Ireland)Prosecution |
Author: Decker, Klaus Title: Improving the Performance of Justice Institutions: Recent Experiences from Selected OECD Countries Relevant for Latin America Summary: Justice sector institutions across the world face the challenge of delivering better services to those seeking justice. The courts in a number of member countries of the Organization for Economic Cooperation and Development (OECD) have undergone large scale reform programs incorporating both performance-based approaches of New Public Management (NPM), as well as private sector practices. Terms such as client satisfaction, cost-benefit analysis, total quality management and performance evaluation, which originated in the private sector, are now increasingly applied to justice institutions in more advanced OECD countries-- and other countries beginning to follow suit. For almost two decades, justice authorities in OECD countries have been trying to improve the performance of their courts. Some have had more success than others. The wealth of experience that has been generated about how (and how not) to approach court performance can be shared with others for cross-country learning. In recent years, the focus of reforms has increasingly shifted from approaches focusing on narrow quantitative efficiency to those focusing on managing quality. Radical changes have also taken place in the organizational cultures of justice institutions in order to steer them towards providing better services for the citizens and society as a whole. Justice reformers in Latin America should not be surprised to find that some OECD countries are still struggling to respond to the same issues they face. Justice institutions generally have a complex setup in which the dysfunctions of a single agency can generate externalities that quickly impact the performance of other agencies, with the latter having little or no ability to correct those externalities. However, in designing their own solutions, Latin American reformers may find the experience of OECD countries which are facing similar challenges to be a useful reference. In the same way that legal reforms cannot simply be transplanted from one country into another, any lessons learned from OECD countries should be carefully adapted to the particularities of Latin American justice institutions which have a different history and reflect different social and economic contexts. Perhaps the most important lessons to be learned from OECD countries are those that may help avoid generating unmanageable expectations or raising the bar too high. This paper presents a selection of experiences from OECD countries in managing justice institutions which are the most relevant for performance improvement of their counterparts in Latin America. The scope of the paper is mostly limited to the courts, but comprises all types of courts: specialized courts as well as courts of general jurisdiction, civil as well as criminal and administrative courts, first instance as well as appellate and supreme courts. Issues of legal reform, judicial training, alternative dispute resolution or access for the poor are not considered in this paper. Details: Washington, DC: The World Bank, 2011. 146p. Source: Internet Resource: Accessed June 29, 2011 at: http://siteresources.worldbank.org/INTECA/Resources/librojusticiaING-cian.pdf Year: 2011 Country: International URL: http://siteresources.worldbank.org/INTECA/Resources/librojusticiaING-cian.pdf Shelf Number: 121950 Keywords: Court Reform (Europe and Latin America)CourtsCriminal Justice Reform |
Author: Korber, Dorothy Title: ‘ A Courtroom Unlike Any Other’ Santa Clara County’s Parolee Reentry Court is a Case Study in Reducing Prison Recidivism Summary: The judge ran through his afternoon calendar at a sprinter’s pace. More than 50 cases cycled through the court in three hours – all of them parolees with a violation. Dirty drug tests. Missed appointments. New crimes. Such lapses normally would have sent them straight back to state prison. But today, instead of a prison cell, they are in Judge Stephen Manley’s crowded, bustling San Jose courtroom. This is Santa Clara County’s Parolee Reentry Court, where high-risk offenders get a second chance at redemption. If it works, everybody wins: the parolee rebuilds his life, his community is safer, and taxpayers save the thousands of dollars it would cost to return him to prison. If it fails, he is one more statistic in California’s dismal recidivism rate. California has the worst record in the nation for re-incarcerating parolees, with nearly 70 percent returning to prison within three years of release. To address this problem, in 2009 the Legislature passed Senate Bill x3 18, which created a pilot program testing whether a drug-court model can reduce recidivism. Santa Clara is one of six counties participating in the pilot. The aim of these Parolee Reentry Courts is to stop the swinging prison door. Details: Sacramento: California Senate Office of Oversight and Outcomes, 2011. 22p. Source: Internet Resource: Accessed July 14, 2011 at: http://www.momentumformentalhealth.org/document.doc?id=39 Year: 2011 Country: United States URL: http://www.momentumformentalhealth.org/document.doc?id=39 Shelf Number: 122054 Keywords: Alternatives to IncarcerationCourtsParoleParole SupervisionParolees (California)RecidivismReentry |
Author: Gelb, Karen Title: Predictors of Confidence: Community Views in Victoria Summary: This report is the fourth in a series1 on community views about crime, courts and sentencing. It presents evidence about the predictors of confidence in the courts and sentencing in a random sample of 1,200 Victorians. This report shows that members of the Victorian public are moderately confident in their courts and in judges’ ability to impose appropriate sentences. Some people are more confident than others, with several factors underlying confidence in the courts and sentencing. People who are less punitive, who are more accepting of information presented by the media and who do not perceive crime to be increasing have the highest levels of confidence in the courts and sentencing. Higher levels of confidence are also evident among those with a higher income and younger respondents. The prominence of the attitudinal factors highlights the connections among confidence in sentencing, punitiveness and knowledge of crime. These connections have implications for the ways in which the courts and the criminal justice system more generally tackle the question of public confidence. Public confidence in the criminal justice system is a high priority for governments in many western countries, with public education and information campaigns, court media liaison officers, accessible websites, large national conferences and public surveys all contributing to efforts to promote confidence in the administration of justice. Understanding the drivers of confidence in the courts and sentencing is another important facet of these efforts. With greater understanding come greater opportunities for developing initiatives to improve public confidence. Given the strong constellation of factors identified in this report, any attempt to improve public confidence in the courts will, of necessity, need to consider levels of public punitiveness and people’s perceptions of crime as well. Details: Melbourne: Sentencing Advisory Council, 2011. 24p. Source: Internet Resource: Sentencing Matters: Accessed September 2, 2011 at: http://sentencingcouncil.vic.gov.au/sites/sentencingcouncil.vic.gov.au/files/predictors_of_confidence_community_views_in_victoria_0.pdf Year: 2011 Country: Austria URL: http://sentencingcouncil.vic.gov.au/sites/sentencingcouncil.vic.gov.au/files/predictors_of_confidence_community_views_in_victoria_0.pdf Shelf Number: 122621 Keywords: CourtsPublic OpinionPunishmentSentencing (Australia) |
Author: Gelb, Karen Title: Predictors of Confidence: Community Views in Victoria Summary: This report is the fourth in a series1 on community views about crime, courts and sentencing. It presents evidence about the predictors of confidence in the courts and sentencing in a random sample of 1,200 Victorians. This report shows that members of the Victorian public are moderately confident in their courts and in judges’ ability to impose appropriate sentences. Some people are more confident than others, with several factors underlying confidence in the courts and sentencing. People who are less punitive, who are more accepting of information presented by the media and who do not perceive crime to be increasing have the highest levels of confidence in the courts and sentencing. Higher levels of confidence are also evident among those with a higher income and younger respondents. The prominence of the attitudinal factors highlights the connections among confidence in sentencing, punitiveness and knowledge of crime. These connections have implications for the ways in which the courts and the criminal justice system more generally tackle the question of public confidence. Public confidence in the criminal justice system is a high priority for governments in many western countries, with public education and information campaigns, court media liaison officers, accessible websites, large national conferences and public surveys all contributing to efforts to promote confidence in the administration of justice. Understanding the drivers of confidence in the courts and sentencing is another important facet of these efforts. With greater understanding come greater opportunities for developing initiatives to improve public confidence. Given the strong constellation of factors identified in this report, any attempt to improve public confidence in the courts will, of necessity, need to consider levels of public punitiveness and people’s perceptions of crime as well. Details: Melbourne: Sentencing Advisory Council, 2011. 24p. Source: Internet Resource: Sentencing Matters Series: Accessed September 6, 2011 at: http://sentencingcouncil.vic.gov.au/sites/sentencingcouncil.vic.gov.au/files/predictors_of_confidence_community_views_in_victoria_0.pdf Year: 2011 Country: Australia URL: http://sentencingcouncil.vic.gov.au/sites/sentencingcouncil.vic.gov.au/files/predictors_of_confidence_community_views_in_victoria_0.pdf Shelf Number: 122648 Keywords: CourtsPublic OpinionPunishmentSentencing (Australia) |
Author: The World Bank. Poverty Reduction and Economic Management Unit, Europe and Central Asia Region Title: Kyrgyz Republic Judicial System Diagnostic: Measuring Progress and Identifying Needs Summary: The Joint Country Support Strategy for the Kyrgyz Republic (2007-2010) (JCSS), extended in 2008 to cover the period 2009-2011, identified the weak and inefficient Kyrgyz legal and judicial system as contributing to a poor business environment and weak governance. As a result, JCSS partners identified comprehensive judicial reform as a program focus and a goal of the JCSS (Goal 2.5: Legal Reform) which was enlarged to include independence for the judicial budget. As part of the JCSS, the World Bank program included the preparation of a judicial reform study. In order to implement this program, the World Bank and the Swiss Agency for Development and Cooperation (SDC) agreed to fund this Judicial System Diagnostic conducted by a World Bank Diagnostic Team complemented by international experts in specific sectors. The Diagnostic’s objective is to provide an analysis of the institutional and operational issues and obstacles that constrain the functioning of Kyrgyzstan’s legal and judicial system. The Diagnostic provides recommendations for overcoming key constraints both at the policy and the implementation levels. The Kyrgyz Government’s Country Development Strategy 2007 -2010 (CDS), updated in 2008 for the period 2009-2011, describes the judicial system as one of the weakest constituents of public administration and aims to reform the system in order to improve its effectiveness and independence. The CDS also attaches a prominent role to improving the judicial system in order to combat corruption and the operation of the shadow economy. Where laws are not working, where entrepreneurs and investors do not trust the courts to enforce contract rights or judicial protection of property rights, it is more profitable for them to work in the shadow economy with its established traditions and mechanisms or to avoid investing in Kyrgyzstan at all. As recently as August 2009, the World Bank and European Bank for Reconstruction and Development found that 42 percent of firms operating in Kyrgyzstan, across a broad spectrum of sectors and sizes, felt that the Kyrgyz court system was a problem for doing business in Kyrgyzstan. This was an increase of 4 percent over the results in 2005 and was greater than the regional average for Europe and Central Asia and for the Southern CIS countries. According to the World Economic Forum’s Global Competitiveness Report 2009- 2010 the Kyrgyz Republic fares poorly when international business executives were asked to rate the efficiency of the Kyrgyz judicial system in resolving private business disputes; the Kyrgyz system rated 125 out of 133 countries, reflecting a score of 2.6 on a seven point scale. ES3. In the aftermath of the global financial crisis, the focus on the competitiveness of the Kyrgyz Republic’s investment climate has only heightened. As countries look for ways to attract trade and investment, the ability of their judicial system to resolve commercial disputes in a fair, quick and cost-effective manner and offer secure protection of property rights can be a key attraction or a harmful obstacle in the eyes of newly-risk adverse domestic and foreign businesses and investors. A focus on the impact of the Kyrgyz Republic’s judicial system and the rule of law on the investment climate should have been the responsibility of the Central Agency for Development, Investment and Innovation created in 2009 within the Institute of the President (CADII), as it was charged with formulating policies to improve Kyrgyzstan’s business and investment environment and the formulation of national economic development strategies and programs. The CADII was eliminated when state authority passed to the Temporary Government on April 7, 2010 as a result of public unrest. Fulfilling this function will now require the Supreme Court and Judicial Council, in conjunction with the Government, to identify weaknesses in the Kyrgyz judicial system and develop strategies to overcome and address them. The World Bank and SDC believe that this Judicial System Diagnostic will be a useful input as the judicial leadership and the Government undertake to develop the programs and projects necessary to improve the Kyrgyz judicial system. Details: Bishkek: Kyrgyz Republic Country Office, The World Bank, 2011. 98p. Source: Internet Resource: Report No. 61906-KG: Accessed September 20, 2011 at: http://siteresources.worldbank.org/INTECA/Resources/KGJudicialDiagnosticENG2011.pdf Year: 2011 Country: Kyrgyzstan URL: http://siteresources.worldbank.org/INTECA/Resources/KGJudicialDiagnosticENG2011.pdf Shelf Number: 122790 Keywords: CourtsCriminal Justice SystemsJudicial System (Kyrgyz Republic) |
Author: Gogia, Giorgi Title: Administrative Error: Georgia’s Flawed System for Administrative Detention Summary: Georgian authorities have used the Code of Administrative Offenses in recent years to lock up protestors and activists at times of political tension. The code allows for a person to be imprisoned for up to 90 days for certain administrative offenses, or misdemeanors. However, as this report describes, the code lacks due process and fair trial protections required for punishment of this severity. It does not explicitly require that police promptly inform defendants of their rights or give reasons for their detention. Detainees are often not allowed to contact their families, and if retained, lawyers often have difficulties in finding detainees in custody. Nor do detainees enjoy fair trial rights in court. Trials are often perfunctory, rarely last more than 15 minutes, and judicial decisions often rely exclusively on police testimonies. If lawyers are present, they lack time to prepare an effective defense. Lawyers and their clients also face obstacles exercising the right to appeal. Those handed terms of administrative imprisonment serve sentences in temporary detention isolators not intended for long-term occupancy, where conditions often fall short of international standards. As a party to both the International Covenant on Civil and Political Rights and the European Convention on Human Rights, Georgia should ensure full due process protections for administrative defendants, particularly with regard to the right to notify a third party about detention, the right to lawyer of one’s choosing, and the right to a fair trial. Details: New York: Human Rights Watch, 2012. 43p. Source: Internet Resource: Accessed January 10, 2012 at: http://www.hrw.org/sites/default/files/reports/georgia0112ForUpload.pdf Year: 2012 Country: Georgia URL: http://www.hrw.org/sites/default/files/reports/georgia0112ForUpload.pdf Shelf Number: 123550 Keywords: Administrative Detention (Georgia)CourtsDetentionHuman RightsMisdemeanorsPunishmentTrials |
Author: Pennsylvania. Supreme Court. Committee on Racial and Gender Bias in the Justice System Title: Rinal Report of the Pennsylvania Supreme Court Committee on Racial and Gender Bias in the Justice System Summary: This report reviews several areas of the criminal justice system in Pennsylvania in regards to racial and gender bias. Among the areas reviewed were: litigants with limited-English proficiency, employment practices within the courtroom workgroup, perceptions of bias by the courtroom workgroup, juvenile justice, and the death penalty. Along with an indepth analysis of several areas of the system, the report provides specific recommendations for reform. Details: Harrisburg, PA: Pennsylvania Supreme Court, 2003 549p. Source: Internet Resource: Accessed January 19, 2012 at: http://www.courts.state.pa.us/NR/rdonlyres/EC162941-F233-4FC6-9247-54BFE3D2840D/0/FinalReport.pdf Year: 2003 Country: United States URL: http://www.courts.state.pa.us/NR/rdonlyres/EC162941-F233-4FC6-9247-54BFE3D2840D/0/FinalReport.pdf Shelf Number: 123672 Keywords: BiasCourtsCriminal Justice ReformCriminal Justice Systems (Pennsylvania)DiscriminationGenderRacial Disparities |
Author: Weatherburn, Don Title: Uses and abuses of crime statistics Summary: Large sections of the media habitually distort, misrepresent and exaggerate the facts on crime, argues this paper. Between 2000 and 2009, the Australian national murder rate fell by 39 per cent, the national robbery rate fell by 43 per cent, the national burglary rate fell by 55 per cent, the national motor vehicle theft rate fell by 62 per cent and all forms of other theft fell by 39 per cent. Australia is now into its 11th straight year of falling or stable crime rates. Property crime rates in some States are lower than they’ve been in more than 20 years. You might think this a cause for celebration but the vast majority of Australians still think crime is going up. The reason for this is fairly clear. Most people get their information about crime from the media—and large sections of the media habitually distort, misrepresent and exaggerate the facts on crime. The abuse of crime statistics is so common it has in some quarters engendered great skepticism about them. The saying there are ‘lies, damned lies and statistics’ is probably nowhere more frequently uttered than in the context of crime statistics. Yet whether we like them or not, crime statistics are here to stay. We have to make judgments about the prevalence of crime, about trends in crime, about the distribution of crime and about the impact of Government efforts to prevent and control crime. We cannot base these judgments on personal experience and anecdote. They have to be based on statistical information. The challenge facing those who produce and use crime statistics is how to do so in a way which is not misleading and which helps rather than hinders our understanding of crime. This bulletin is designed to help those unfamiliar with crime statistics to understand their uses and abuses. Details: Australia: NSW Bureau of Crime Statistics and Research, 2011. Source: Crime and Justice Bulletin No. 153. Internet Resource: Acceessed on January 22, 2012 at http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/CJB153.pdf/$file/CJB153.pdf Year: 2011 Country: Australia URL: http://www.bocsar.nsw.gov.au/lawlink/bocsar/ll_bocsar.nsf/vwFiles/CJB153.pdf/$file/CJB153.pdf Shelf Number: 123729 Keywords: CourtsCrime StatisticsMediaVictimization Surveys |
Author: Lanham, Honor Title: Walk the Plank: Somali Pirates and International Law Summary: The perception of pirates as loveable rogues and swashbuckling sailors is a fanciful one. In reality, the piratical acts currently occurring off the coast of Somalia and in the Gulf of Aden present a major economic, humanitarian and security challenge to the global community. This is evidenced in the unprecedented international naval response. Currently, a naval coalition led by the United States of America (USA) and comprised of vessels and air support supplied by the European Union (EU), North Atlantic Treaty Organisation (NATO), India, China, Japan and Russia, amongst others, is patrolling affected sea tracts in the Horn of Africa. The upsurge in piracy and overwhelming naval response has thrown into stark relief the current international law framework governing piracy. Customary international law of the sea was codified in the 1982 United Nations (UN) Convention on the Law of the Sea (UNCLOS) referred to as “a constitution for the oceans.” With regard to a comprehensive definition of piracy, UNCLOS adopted the existing definition found in the 1958 UN Convention on the High Seas (UNCHS). That definition applies to both private ships and aircraft. While the inclusion of aircraft in the definition of piracy amounts to a progressive expansion of international law in this area, for the purposes of this dissertation, discussion shall solely focus on ships. The most distinctive aspect of the definition of piracy is that it is an offence confined to the high seas and thus outside the jurisdiction of any state. As well as defining piracy at international law, UNCLOS establishes enforcement and interdiction powers for the suppression of piracy and accordingly is the single most important international legal document in this area. Piracy was the first offence criminalised at international law and thus “inaugurates international criminal law.” It must be considered as distinct from any offence of piracy occurring in territorial waters recognised by domestic law. Part one of chapter one explores the historical development of the international crime of piracy and in particular the political interests which have determined its enforcement. Part two of chapter one establishes the extent of the Somali piracy epidemic. The serious economic, humanitarian and security threat piracy poses justifies current naval efforts and the need to support these efforts through the progressive development of international law which has occurred over the last 18 months. Chapter two traverses the key elements of the definition of piracy found in Art 101 of UNCLOS. It highlights controversy over the limited nature of that definition and justifies those limitations by reference to the historical antecedents of the offence of piracy. Importantly, this chapter highlights the fact that piracy should not be used as a vehicle to counter deficiencies in other areas of international law, namely terrorism. In chapter three, novel international and regional responses to piracy are assessed. In terms of international responses, in 2008 the UN Security Council (UNSC) began to respond to the challenges naval vessels were experiencing in suppressing piracy due to the limited nature of enforcement powers under UNCLOS. In particular, the UNSC has extended the ability of naval vessels to pursue pirates into territorial waters. The other notable international response is the use of bilateral prosecution agreements under which detained pirates are handed to Kenya for the purposes of prosecution. Finally, chapter three evaluates the Code of Conduct Concerning the Repression of Piracy and Armed Robbery Against Ships in the Western Indian Ocean and the Gulf of Aden established in January 2009 to coordinate regional responses to piracy. Having considered the origins of piracy, definitional issues and novel modern responses, chapter four proposes the establishment of an international piracy court. While UNCLOS defines piracy at international law, it is the responsibility of states to implement appropriate domestic laws which provide for the prosecution and sentencing of pirates. Empirically, states can be said to have failed in this respect. The inability and unwillingness of states to prosecute piracy, coupled with the highly questionable practice of handing states to Kenya for prosecution, justifies the creation of a specialised court. Details: New Zealand: University of Otago, 2009. 72p. Source: Bachelor of Laws Dissertation: Internet Resource: Accessed February 11, 2012 at http://www.otago.ac.nz/law/oylr/2009/Honor_Lanham.pdf Year: 2009 Country: International URL: http://www.otago.ac.nz/law/oylr/2009/Honor_Lanham.pdf Shelf Number: 124090 Keywords: Administration of JusticeCourtsInternational CrimeInternational LawMartitime SecurityPiracy (Somalia) |
Author: Judicial Council of California. Administrative Office of the Courts Title: Effective Court Practice for Abused Elders: A Report to the Archstone Foundation Summary: This report is the product of a two-year research grant awarded to the Administrative Office of the Courts, Center for Families, Children & the Courts, by the Archstone Foundation under its Elder Abuse and Neglect Initiative. The objectives of the study were to identify courts that have adopted a specialized response to elder abuse, document innovative and effective practices in handling elder abuse cases, and assess the needs of abused and neglected elders who come before the courts. The overall goal of the study was to gather and disseminate information to help courts improve the quality of justice for elderly victims who come before the courts. Because elder abuse appears in the courts under the guise of many different case types, this study takes a broad view of elder abuse in the court context, examining issues and court programs related to probate conservatorship, restraining order (elder and dependent adult abuse, domestic violence, or civil harassment), family law, criminal, unlawful detainer, and other civil matters. Because the timing of this project coincided with information gathering and development of recommendations by the Judicial Council’s Probate Conservatorship Task Force, the project team chose to place somewhat less emphasis on issues related to probate conservatorship, to both minimize redundancy in reports and avoid overburdening the courts with requests for information or study participation. The study also views the specialized response to elder abuse with a wide lens, exploring initiatives not directly court-related, but with a potential impact on the courts or highlighting a key partnership. The research design called for the identification of four “study courts” that had implemented or were interested in implementing some kind of specialized response to elder abuse. The study courts were identified through publicizing the study and the opportunity to participate in Court News Update, review of Administrative Office of the Courts (AOC) project documents and discussions with AOC colleagues, and referrals from professional contacts. The four courts selected for participation in the study represent the following counties: Alameda, Orange, San Francisco, and Ventura. Site visits to those counties included semistructured interviews with a variety of court personnel and justice partners, observation and documentation of court and program operations, and court file reviews. To supplement the in-depth examination of initiatives in the four courts, the study included a statewide survey on the court response to elder abuse and incorporated other available and relevant statewide data. In addition to the following report, which includes an overview of elder abuse issues and highlights court programs and initiatives to address them, the other major product of this study was the development of a basic elder abuse curriculum for the courts, developed by Candace J. Heisler, J.D., a retired assistant district attorney with extensive expertise in domestic violence and elder abuse issues. The primary audience for this curriculum is judicial officers, but a variety of court staff will benefit from it, as well. The curriculum is included in the PowerPoint presentation entitled Elder Abuse: An Overview for the California Courts on the enclosed CD. The CD also contains report appendixes (more detailed write-ups of data collection efforts, statistical profiles for the study counties, and data collection instruments) and a list of key resources for the courts on elder abuse, including links to Web sites, where available. Chapter 1 of this report provides an overview of the elderly population and elder abuse, including issues for the community as a whole and for the courts specifically. Chapter 2 reviews national, state, and local programs and initiatives developed in response to elder abuse, as well as trends that are likely to have an impact on agencies that serve abused elders. Chapter 3 highlights what is known about elder abuse in the courts at the state level, including a review of the results of the statewide survey on the court response to elder abuse. Chapter 4 describes the elder abuse initiatives adopted by the four study courts, highlights issues faced by the courts and community in serving elder abuse victims, and provides some background data on elders in the county and elder abuse in the court. Chapter 5 summarizes the types of specialized programs or initiatives in which courts could become involved to better respond to elder abuse; it draws on examples from the study courts as well as other significant national initiatives. Details: San Francisco: Judicial Council of California, Administrative Office of the Courts, Center for Families, Children & the Courts, 2008. 75p. Source: Internet Resource: Accessed March 24, 2012 at http://www.courts.ca.gov/documents/EffectiveCourtAbusedEldersMain.pdf Year: 2008 Country: United States URL: http://www.courts.ca.gov/documents/EffectiveCourtAbusedEldersMain.pdf Shelf Number: 124733 Keywords: Court ProceduresCourtsElder Abuse |
Author: Porter, Rachel Title: What Makes a Court Problem-Solving? Universal Performance Indicators for Problem-Solving Justice Summary: This report identifies a set of universal performance indicators for specialized “problem-solving courts” and related experiments in problem-solving justice. Traditional performance indicators related to caseload and processing efficiency can assist court managers in monitoring case flow, assigning cases to judges, and adhering to budgetary and statutory due process guidelines. Yet, these indicators are ultimately limited in scope. Faced with the recent explosion of problemsolving courts and other experiments seeking to address the underlying problems of litigants, victims, and communities, there is an urgent need to complement traditional court performance indicators with ones of a problem-solving nature. With funding from the State Justice Institute (SJI), the Center for Court Innovation conducted an investigation designed to achieve three purposes. The first was to establish a set of universal performance indicators against which to judge the effectiveness of specialized problem-solving courts, of which there are currently more than 3,000 nationwide. The second purpose was to develop performance indicators specific to each of the four major problem-solving court models: drug, mental health, domestic violence, and community courts. The third purpose was to assist traditional court managers by establishing a more limited set of indicators, designed to capture problem-solving activity throughout the courthouse, not only within a specialized court context. Details: New York: Center for Court Innovation; Sacramento: Judicial Council of California, 2010. 75p. Source: Internet Resource: Accessed April 28, 2012 at http://www.courtinnovation.org/sites/default/files/What_Makes_A_Court_P_S.pdf Year: 2010 Country: United States URL: http://www.courtinnovation.org/sites/default/files/What_Makes_A_Court_P_S.pdf Shelf Number: 125093 Keywords: CourtsEvaluative StudiesProblem Solving Courts |
Author: Paralegal Advisory Service Institute Title: Access to Legal Aid in Criminal Justice Systems in Africa: Survey Report Summary: The aim of this survey is to provide a snapshot of access to legal aid in Africa. The purpose is to provide practitioners and policymakers with accurate and contemporary data to inform the development of legal aid strategies. The survey was conducted as part of the implementation of Economic and Social Council resolution 2007/24, entitled “International cooperation for the improvement of access to legal aid in criminal justice systems, particularly in Africa”. The laws governing legal aid recognize a lawyer-centred model. However, the numbers of practising lawyers in African countries are low in proportion to the overall population. Further, the large majority of these lawyers reside in urban areas, whereas the majority of the population live in rural or peri-urban areas. Thus, most people live outside of the reach of lawyers who can provide them with legal aid services. While the laws respect a right to legal aid, State budget allocations to legal aid are minimal in many countries. Access to legal aid is not available at all stages of the criminal justice process. It is particularly rare at police stations and is only sometimes available in prisons and in the lower courts. There is an absence of any national strategy to provide people with “primary justice” services in the same way as there is, for instance, to provide primary health-care services. A “patchwork” of non-State actors operating individually, or in some cases in networks, provides supplementary services. The consequences of this situation are several. On the “supply” side, the absence of a mechanism to push cases through the criminal justice system contributes to delays in the process and increasing case backlogs in the courts, as well as to high remand populations in prison. This contributes significantly to prison overcrowding, which is a problem in many African countries. On the “demand” side, the absence of affordable legal aid services increases poor people’s sense of social exclusion and powerlessness. Traditional dispute resolution mechanisms become, by default, the only option for most people, in particular in rural areas. Details: Vienna: UNODC, 2012. 82p. Source: Internet Resource: Accessed May 3, 2012 at: http://www.ipjj.org/fileadmin/data/documents/reports_monitoring_evaluation/UNODC_AccessToLegalAidinAfricaSurveyReport_2011_EN.pdf Year: 2012 Country: Africa URL: http://www.ipjj.org/fileadmin/data/documents/reports_monitoring_evaluation/UNODC_AccessToLegalAidinAfricaSurveyReport_2011_EN.pdf Shelf Number: 125148 Keywords: Assistance to the PoorCourtsCriminal Justice Systems (Africa)LawyersLegal Aid |
Author: Redpath, Jean Title: Failing to Prosecute? Assessing the State of the National Prosecuting Authority in South Africa Summary: The National Prosecuting Authority (NPA) is pivotal not only in the criminal justice system, but also in the proper functioning of South Africa’s democracy. This monograph focuses on the independence, accountability and performance of the NPA in relation to its core function of prosecution. The monograph finds that the prosecutorial decision to decline to prosecute is both specifically and systematically exercised to such an extent that proportionally fewer cases are placed on the court roll each year and fewer still are brought to trial. The best indication of this is that the number of verdicts and the number of persons sentenced to prison show a general decline. It concludes that this tendency to decline to prosecute is currently the central malaise affecting the NPA. In South African law, where a prima facie case exists, a duty to prosecute arises unless a compelling reason exists to decline to prosecute. Under a constitutional order such as the one that pertains in South Africa, the exercise of all public power is constrained by the principle of legality and the provisions of the Constitution. Yet the NPA has maintained that it has an unfettered discretion not to prosecute, which discretion is not generally subject to judicial review. The monograph finds no evidence that the tendency to decline to prosecute is a function of lack of resources. Prosecutor and staff numbers have steadily increased since the establishment of the NPA, but efficiency per prosecutor in terms of cases prosecuted has declined. Nor does analysis of the evidence support the idea that the failure to prosecute is a function of pressure beyond the optimal level in terms of cases referred by the South African Police Service (SAPS). On the contrary, the evidence suggests that the NPA is operating at below optimal load. Various legislative and other impediments affecting its performance are identified. It concludes that the primary factor affecting the credibility and performance of the NPA is the inappropriate exercise of the discretion not to prosecute, most powerfully evident in the hands of the national director, who has a constitutionally sanctioned power of veto over the decisions of prosecutors under him. This veto has been exercised (or not exercised) with consequences that continue to cast doubt on the independence and impartiality of the NPA. This in turn affects internal morale and external public confidence. The monograph recommends an overhaul of prosecutorial policy in order appropriately to delineate the circumstances under which the discretion to decline to prosecute should be exercised. Measures to assist the speedy resolution of cases should be mandated by Parliament and innovative means of increasing the number of appropriate resolutions of cases should be introduced. Performance reporting should determine optimal prosecutor workloads and there should be a focus on professional development to achieve the optimal throughput of cases. Details: Pretoria, South Africa:Institute for Security Studies, 2012. 108p. Source: Internet Resource: ISS Monograph Number 186: Accessed July 9, 2012 at: http://www.issafrica.org/uploads/Mono186Full.pdf Year: 2012 Country: South Africa URL: http://www.issafrica.org/uploads/Mono186Full.pdf Shelf Number: 125514 Keywords: CourtsProsecution (South Africa)Prosecutors |
Author: Hayes, David Title: The Experiences of Young Witnesses in Criminal Proceedings in Northern Ireland Summary: In April 2010, the Department of Justice commissioned a research team from Queen's University Belfast and the NSPCC to undertake a study on the experiences of young witnesses giving evidence in courts in Northern Ireland in order to inform policy and practice in this jurisdiction. The methodology for the research involved structured interviews with young prosecution witnesses who received a service from the NSPCC’s Young Witness Service (YWS) and their parent/carer, analysis of referral forms completed by YWS staff in relation to the young witnesses who participated in the study and a survey of all YWS volunteers and Children’s Services Practitioners (CSPs). The report of the findings provides a useful insight into the views of young people and also makes a series of recommendations for improving current processes and provisions. Details: Belfast; Northern Ireland Department of Justice, 2011. 74p. Source: Internet Resource: Accessed July 11, 2012 at: http://www.dojni.gov.uk/index/statistics-research/stats-reseach-publications/the_expierences_of_young_witnesses_in_criminal_proceedings_in_northern_ireland.pdf Year: 2011 Country: United Kingdom URL: http://www.dojni.gov.uk/index/statistics-research/stats-reseach-publications/the_expierences_of_young_witnesses_in_criminal_proceedings_in_northern_ireland.pdf Shelf Number: 125540 Keywords: Child Witnesses (Northern Ireland)CourtsCriminal Proceedings |
Author: Warren, Roger K. Title: Using Offender Risk and Needs Assessment Information at Sentencing: Guidance for Courts from a National Working Group Summary: During the last two decades, substantial research has demonstrated that the use of certain practices in criminal justice decision making can have a profound effect on reducing offender recidivism. One of these practices is the use of validated risk and needs assessment (RNA) instruments to inform the decision making process. Once used almost exclusively by probation and parole departments to help determine the best supervision and treatment strategies for offenders, the use of RNA information is expanding to help inform decisions at other points in the criminal justice system as well. The use of RNA information at sentencing is somewhat more complex than for other criminal justice decisions because the sentencing decision has multiple purposes— punishment, incapacitation, rehabilitation, specific deterrence, general deterrence, and restitution—only some of which are related to recidivism reduction. This document provides guidance to help judges and others involved in the sentencing decision understand when and how to incorporate RNA information into their decision making process. The Guide begins with a discussion of why courts should consider the use of RNA information in their sentencing decisions, reviews the principles of a research- or evidence-based approach to sentencing, identifies other uses of risk assessments not covered in the Guide, and offers a set of Guiding Principles for incorporating RNA information into the court’s sentencing decisions. The Guide and its Principles are the result of the deliberations of a National Working Group on Using Risk and Needs Assessment Information at Sentencing, interviews with practitioners in jurisdictions that have or are considering using RNA information at sentencing, and a review of relevant literature. The National Working Group offers the Guide as a starting point for courts using offender assessment information with the understanding that its advice will continue to be refined as new research and lessons from the field expand current knowledge. Details: Williamsburg, VA: National Center for State Courts, 2011. 48p. Source: Internet Resource: Accessed July 20, 2012 at: http://www.ncsc.org/~/media/Files/PDF/Services%20and%20Experts/Areas%20of%20expertise/Sentencing%20Probation/RNA%20Guide%20Final.ashx Year: 2011 Country: United States URL: http://www.ncsc.org/~/media/Files/PDF/Services%20and%20Experts/Areas%20of%20expertise/Sentencing%20Probation/RNA%20Guide%20Final.ashx Shelf Number: 125709 Keywords: CourtsJudges, Decision MakingOffender Risk AssessmentSentencing |
Author: Berk, Seda Kalem Title: “Access to Justice” in Turkey: Indicators and Recommendations Summary: The concept of “access to justice” started to become popular in the literature of law in Turkey during the 2000s. One can argue that this might be due to different legal and political reasons and coincides with the acceptance of Turkey’s candidacy for full membership to the European Union. In this context, the justice policies that could be developed from the perspective of “access to justice” will carry importance in the purpose of ensuring that everyone in the society is able to effectively benefit from the justice services. The other front of the matter concerns more directly the legal field. The main themes in this field are defined by the constitutions under headings, such as the protection of fundamental rights and freedom and the right to legal remedy, etc. Traditionally, these headings are included under the study area of the discipline of “procedural law” in modern law systems. However, from a traditional viewpoint of law, even if the abovementioned concepts are included in constitutions, it is also possible to assert that the viewpoint focusing on the technique, style and procedure of the procedural law is always more in the foreground in applications concerning this matter. In human rights law, particularly with the developments taking place in the second half of the 20th century, it can be said that the traditional definition and implementation framework of procedural law has broken with the acknowledgement of the right to fair trial and other related rights, and the efforts for the protection of these rights. Within the context of human rights law, it is essential that a right is granted, protected and exercised, and its development is monitored. This axis, which expresses different functional phases, can be explained with one concept: empowerment. Of course, this is a concept that expresses the empowerment of the subject of the right. In other words, this situation expresses the logic in protecting the rights of a legal person (be it a real or juridical entity) through the law. Establishing the concept of “access to justice” based on the “empowerment” approach will also be one of the important legal, political and social instruments of transition from the traditional to a redefined procedural law that is under the effect of the human rights law. This study by Seda Kalem Berk, titled “Access to Justice” in Turkey: Indicators and Recommendations, can be regarded as the analysis of an impact assessment that is capable of covering all the phases of the abovementioned development and re-definition axis. With this outlook, I can even say that it is an analysis from a social sciences lens, scrutinizing the domain of exercising “the right to legal remedy” and other factors affecting it in Turkey. On the other hand, this study is also an exemplary contribution in terms of the academic change demonstrating itself with social scientists starting to work alongside jurists in areas concerning the law. The author examines the situation of access to justice in Turkey through the cross-sections opened by the headings “Legal Aid”, “Access to Information”, “Interpretation in Courts”, and “Electronic Case Filing.” In a sense, this represents an analysis of the “right to legal remedy” in present-day Turkey and in view of the current social, economic and technological development. In other words, these four headings specify the mechanisms and instruments which should be discussed within the context of the “right to legal remedy” in Turkey and the determination and empowerment of the positions of those who will be accepted as the subjects of these and other connected rights. With this aspect, the study should be read as an analysis into one of the major structural elements of the policy area called “justice reform” or “judicial reform”, that calles for a human-focused approach. Details: Istanbul: Turkish Economic and Social Studies Foundation (TESEV), 2011. 58p. Source: Internet Resource: Accessed July 24, 2012 at: http://www.isn.ethz.ch/isn/Digital-Library/Publications/Detail/?ots591=0c54e3b3-1e9c-be1e-2c24-a6a8c7060233&lng=en&id=135218 Year: 2011 Country: Turkey URL: http://www.isn.ethz.ch/isn/Digital-Library/Publications/Detail/?ots591=0c54e3b3-1e9c-be1e-2c24-a6a8c7060233&lng=en&id=135218 Shelf Number: 125758 Keywords: CourtsCriminal Justice ReformCriminal Justice SystemsJudicial Reform (Turkey) |
Author: Mahoney, Barry Title: The Ventura Day Fine Pilot Project: A Report on the Planning Process and the Decision to Terminate the Project, With Recommendations Concerning Future Development of Fines Policy Summary: A day-fine is a monetary sanction that can be used as a sentence in criminal cases. Initially developed in Europe, the day fine is based on a simple concept: that punishment by a fine should be proportionate to the seriousness of the offense and should have similar impact—in terms of economic "sting"—upon persons with differing financial resources. Thus, day fine amounts are typically set through a two-step process that determines the severity of the punishment separately from assessment of a specific dollar amount. First, the number of day-fine units for the offense for which the defendant has been convicted is determined, by reference to a scale that ranks offenses according to their gravity. Second, the amount of the fine is determined by multiplying the number of day fine units by a portion of the defendant's net daily income. By contrast, fines in most American courts are typically set on a "tariff" basis— i.e., imposition of a single fixed amount (or an amount that is within a narrow range), based solely on the perceived seriousness of the offense. Under a tariff fine system, there is little or no variance in fine amount to take into account an offender's income level or assets. The result, according to critics of the tariff system, is that fines are all too frequently set at amounts that are too high for poor defendants to pay yet too low to be a meaningful punishment or deterrent for affluent offenders. In 1991 the California Legislature enacted a statute authorizing In 1991 the California Legislature enacted a statute authorizing the California Judicial Council to establish a pilot program in one county, to test the feasibility of using day fines as a sanction for misdemeanor offenses. In enacting this law, the Legislature [F]ine punishment should be proportionate to the severity of the offense but equally impact individuals with differing financial resources . . . . [T]he implementation of a pilot program in California which is designed to use a [day-fine system similar to those used in Sweden, West Germany, and, experimentally, in Staten Island, NY and Phoenix, AZ)] would serve as a test for a fairer method in California of dispensing criminal justice and as a program which could possibly help alleviate the presently overcrowded conditions of our county jails. For more than a year following enactment of the authorizing legislation, no court could be found that was willing to undertake the project. Then, in the spring of 1993, state-level judicial leaders asked the judges of the Ventura Municipal Court to consider becoming the pilot court. The judges agreed, contingent upon approval by the County's Board of Supervisors. On April 27, 1993 the Board of Supervisors voted to approve the project with one important proviso—assurance by the state that participation in the project would not result in a loss of revenue to the county. Initial planning of the project began in June 1993, and involved a broad range of policymakers and practitioners involved in the administration of criminal justice in Ventura County. By mid-1994, basic plans for implementation of the project had been developed and the California legislature had amended the authorizing legislation to address a number of issues identified during the first year of the planning process. A target date of January 19, 1995, was set for initial implementation of the project. During the fall of 1994, however, detailed planning for implementation came to a sudden halt and funding earmarked for assistance in implementation was placed on hold. Early in 1995, the pilot project was officially terminated. This report has three main purposes: (1) to describe the sixteen month Phase I planning process (June 1, 1993-September 30, 1994); (2) to examine the reasons why the project was terminated; and (3) to assess what has been learned from this experience and develop recommendations concerning future development of policy with respect to the use of fines as criminal sanctions. declared that: Details: Denver, CO: The Justice Management Institute, 1995. 79p. Source: Internet Resource: Accessed July 25, 2012 at: http://www.jmijustice.org/publications/ventura-day-fine-project-final-report-may-1995 Year: 1995 Country: United States URL: http://www.jmijustice.org/publications/ventura-day-fine-project-final-report-may-1995 Shelf Number: 125780 Keywords: CourtsDay FinesFines (California)Punishment |
Author: Booth, Lucy Title: North Liverpool Community Justice Centre: Analysis of Re-offending Rates and Efficiency of Court Processes Summary: Based on Community Justice principles, the North Liverpool Community Justice Centre (NLCJC) brings together a range of criminal justice agencies as a one-stop-shop for tackling offending in the local area. Adding to the findings from previous evaluations of the NLCJC, this evaluation assessed the impact the court had on re-offending and the efficiency of court processes. Though the NLCJC had no impact on re-offending rates, breach rates among offenders receiving court orders there were higher than elsewhere. The efficiency findings were mixed, providing evidence of both positive and negative performance at the court. Details: London: Ministry of Justice, 2012. 54p. Source: Internet Resource: Ministry of Justice Research Series 10/12: Accessed july 25, 2012 at: http://www.justice.gov.uk/downloads/publications/research-and-analysis/moj-research/liverpool-community-centre.pdf Year: 2012 Country: United Kingdom URL: http://www.justice.gov.uk/downloads/publications/research-and-analysis/moj-research/liverpool-community-centre.pdf Shelf Number: 125781 Keywords: Community Justice Centers (U.K.)CourtsNeighborhood Justice CentersRe-OffendingRecidivism |
Author: Charles, Corrine Title: Special Measures for Vulnerable and Intimidated Witnesses: Research Exploring the Decisions and Actions Taken by Prosecutors in a Sample of CPS Case Files Summary: Victims and witnesses play a central role in the prosecution process. The CPS relies on the evidence of victims and witnesses to deliver successful prosecutions and ensure justice is done. Some victims and witnesses may have particular difficulties attending court and giving evidence due to their age, personal circumstances, fear of intimidation or because of their particular needs. This was recognised in the Youth Justice and Criminal Evidence Act 1999 (‘YJCEA 1999’), which provides a range of special measures which the court can direct in order to assist ‘vulnerable and intimidated’ witnesses to give their best evidence in court. The measures include: § Giving evidence behind a screen positioned around the witness box; § Giving evidence by a live TV link from a room outside the courtroom; § Giving evidence in private by clearing the courtroom of members of the public; § Removal of wigs and gowns by judges and lawyers; § Use of video-recorded interviews as evidence in chief; § Examination of the witness through a Registered Intermediary; and § The provision of aids to communication such as through a computer or other device to communicate when giving evidence. Vulnerable witnesses are defined by the YJCEA 1999 as all child witnesses (under 18) and any witness whose quality of evidence is likely to be diminished because they are suffering from a mental disorder (as defined by the Mental Health Act 1983); have a significant impairment of intelligence and social functioning (including learning disability); or have a physical disability or disorder. Intimidated witnesses are defined as those suffering from fear or distress in relation to testifying in the case. Although a vulnerable or intimidated witness might be eligible for special measures, the measures will not automatically be available at the trial. An application for special measures must be made to the court by a prosecutor, on behalf of the witness, and must be made within set time limitations. While a number of positive impacts for vulnerable and intimidated witnesses have been demonstrated since the introduction of special measures, the research evidence also highlights a number of areas where special measures do not work as well as they might. Recurrent themes that are pertinent to the role of the prosecutor in seeking special measures include: § Vulnerable and intimidated witnesses are not always identified at the earliest opportunity; § Victim and witness needs are not always considered by the CPS at the charging stage; § Where a vulnerable or intimidated witness has been identified in a case, the police and the CPS rarely hold an ‘early special measures discussion’ to assist case progression; § Prosecutors infrequently hold ‘special measures meetings’ with vulnerable or intimidated witnesses to discuss matters; and § Applications for special measures are often made late. Evidently, there are some concerns regarding the effective use of special measures. In this context, the present research was commissioned to provide further insight into a number of these issues; focusing in particular on areas where the CPS has a direct role and responsibility. The research aimed to identify aspects for improvement or greater effectiveness for prosecutors in relation to their role in the special measures process. It focused on three areas of concern: § Identification of the need for special measures; § Communication with the police and with witnesses regarding special measures; and § The timeliness of special measures applications. The research also looked at the quality of special measures applications and whether the measure(s) sought were appropriate to the needs of witnesses. The outcomes of applications were also considered to understand the reasons why any had not been granted by the court. Details: London: Crown Prosecution Services, 2012. 90p. Source: Internet Resource: Accessed September 12, 2012 at: http://www.cps.gov.uk/publications/research/cps_research_on_special_measures.pdf Year: 2012 Country: United Kingdom URL: http://www.cps.gov.uk/publications/research/cps_research_on_special_measures.pdf Shelf Number: 126303 Keywords: CourtsProsecutorsVictims of CrimesWitness IntimidationWitnesses (U.K.) |
Author: Orr, Kate Skellington Title: Perceptions of Summary Criminal Justice in Scotland Summary: In July and August 2011, three deliberative research workshops were held with members of the public in Scotland: one each in Ayr, Livingston and Aberdeen. This was part of a wider evaluation to explore the impact of Summary Justice Reforms (SJR) on victims and witnesses, as well as to gauge public perceptions of the summary justice system, and the reforms overall. This report focuses specifically on participant’s understanding, perceptions and expectations of the Summary Criminal Justice System in Scotland; how people view justice per se; and what could be done to improve or maximise public confidence in the system. The research found that there was limited and often inaccurate knowledge of the criminal justice system in Scotland among participants in this research. Participants did, however, want to know more about the system and there was a desire for fewer barriers to information, including the removal of jargon in the system, to make it more accessible. Participants wanted to see greater respect for victims and witnesses in the system, including better treatment at court and the receipt of case progress information at all stages of the justice process. The public court experience was perceived to be intimidating and not easy to understand, and this was compounded by perceptions that professionals working within the court system (including defence and prosecution agents) were unsympathetic to how daunting the experience may be for members of the public. Participants perceived the current system to treat the accused better than victims and witnesses, and believed that the court and prison system was not taken seriously by some offenders. Views on sentencing were complex. Community sentences and community payback were generally well supported by all participants as a means of delivering ‘visible justice’, which directly benefited those affected by the crimes. Views on custodial sentences were more varied with views expressed that while prison sentences needed to be imposed in a fair and consistent manner, they also needed to be sufficiently tough that offenders would be deterred from committing further crimes. Restoring and improving social values of respect for justice and authority overall was seen as a key underlying challenge to improving public confidence in the future. There was no suggestion, however, that responsibility for this should necessarily sit with the justice system. Details: Edinburgh: Scottish Government Social Research, 2012. 55p. Source: Internet Resource: Accessed November 26, 2012 at: http://www.scotland.gov.uk/Resource/0040/00405883.pdf Year: 2012 Country: United Kingdom URL: http://www.scotland.gov.uk/Resource/0040/00405883.pdf Shelf Number: 127004 Keywords: CourtsCriminal Justice SystemPublic OpinionSentencingSummary Criminal Justice (Scotland)Victims of CrimesWitnesses |
Author: Jeffries, Samantha Title: Indigenous Disparity in Lower Court Imprisonment Decisions: A Study of Two Australian Jurisdictions, 1998 to 2008 Summary: This paper reports findings from statistical analyses of Indigeneity and lower court sentencing in New South Wales and South Australia from 1998 to 2008. The aim was to explore the probability of Indigenous versus non-Indigenous defendants receiving a prison sentence over time, while controlling for other key sentencing determinates (ie sex, age, criminal history, seriousness of current offence, plea, bail status). Across the study period, results generally showed that Indigenous offenders were more likely to receive a prison term than similarly situated non-Indigenous offenders. However, the pattern of disparity over time differed by jurisdiction. In New South Wales, Indigenous offenders were more likely to receive a prison sentence throughout the entire period. By contrast, in the South Australian lower courts, disparity was found to have increased, with earlier years showing parity and leniency, before a trend towards a greater likelihood of a prison sentence for Indigenous offenders. Focal concerns theory is used to provide a possible explanation for the study's finding of Indigenous lower court sentencing disparity. Details: Canberra: Australian Institute of Criminology, 2012. 6p. Source: Internet Resource: Trends & Issues in Crime and Criminal Justice no. 447: Accessed January 24, 2013 at: http://www.aic.gov.au/publications/current%20series/tandi/441-460/tandi447.html Year: 2012 Country: Australia URL: http://www.aic.gov.au/publications/current%20series/tandi/441-460/tandi447.html Shelf Number: 127392 Keywords: AboriginalsCourtsIndigenous Peoples (Australia)Racial DisparitiesSentencing Disparities |
Author: Northern Ireland. Criminal Justice Inspection Title: The Use of Early Guilty Pleas in the Criminal Justice System in Northern Ireland Summary: Facilitating an offender who fully admits their guilt to be fast tracked through the criminal justice process should be relatively straightforward. Unfortunately, that is not always the case with significant numbers of pleas being entered late in the process as this inspection clearly shows. Entering an early guilty plea and getting the case to court for hearing and disposal has become a complex and protracted process. While we fully appreciate the right of an accused person to plead as they wish, more needs to be done to ensure that those who want to plead guilty are encouraged and facilitated to do so. The Department of Justice (DoJ), the police, prosecution and court service realise the benefits that can be achieved for victims, witnesses and offenders and have taken significant steps to try to move this issue in the right direction. Getting this right has the potential to lessen the impact on victims, deal with the offending behaviour sooner, save money and reduce the pressures on the courts and the judiciary. We accept that it will take a joint approach to improve the current situation and it is clear that the Minister of Justice and the Department are focussed on the critical issues of: • changes to criminal legal aid payments; • the development and delivery of a co-ordinated criminal justice wide early guilty plea scheme; and • other legislative reform including committals and statutory case management (which we have recommended on previous occasions). This report makes two strategic recommendations for the DoJ and a number of operational recommendations for criminal justice agencies to facilitate the progress of this important issue. Details: Belfast: Criminal Justice Inspection Northern Ireland, 2013. 77p. Source: Internet Resource: Accessed February 15, 2013 at: http://www.cjini.org/CJNI/files/6b/6bf65923-3cab-4dee-a2a3-717cee809e80.pdf Year: 2013 Country: United Kingdom URL: http://www.cjini.org/CJNI/files/6b/6bf65923-3cab-4dee-a2a3-717cee809e80.pdf Shelf Number: 127626 Keywords: CourtsGuilty Pleas (Northern Ireland)Offenders |
Author: International Crisis Group Title: Trial by Error: Justice in Post- Qadhafi Libya Summary: There are many necessary cures to Libya’s pervasive insecurity, but few more urgent than repairing its judicial system. Qadhafi-era victims, distrusting an apparatus they view as a relic, take matters in their hands; some armed groups, sceptical of the state’s ability to carry out justice, arbitrarily detain, torture or assassinate presumed Qadhafi loyalists; others, taking advantage of disorder, do violence for political or criminal aims. All this triggers more grievances, further undermining confidence in the state. Breaking this cycle requires multi-pronged action: delivering justice to former regime victims by reforming the judiciary and kick-starting transitional justice; screening out ex-regime loyalists guilty of crimes while avoiding witch-hunts; and reining in armed groups, including those operating under a state umbrella. Unless there is a clear message – the justice system is being reformed; no violence or abuse, done in the past by Qadhafi-era officials or in the present by armed groups will be tolerated – there is a real risk of escalating targeted assassinations, urban violence and communal conflicts. It has been well over a year since Qadhafi’s regime was ousted and still there is no functioning court system in many parts of the country, while armed groups continue to run prisons and enforce their own forms of justice. The severe deficiencies of the current judicial system are rooted, first and foremost, in the failings of the one that, in principle, it has replaced. Under Qadhafi, the judiciary suffered from politicisation of appointments, rampant corruption and the use of extrajudicial means to target political opponents. Four decades of such arbitrary justice served as a burdensome backdrop to the new government’s efforts; faced with a choice between summarily dismissing judicial officers who served under Qadhafi or gradually screening them one-by-one, the new authorities so far have opted for the latter. While this was the right decision, it has contributed to public scepticism regarding the scope of change. The situation has been complicated by the proliferation of armed groups. Distrustful of the Qadhafi-era judiciary and police, frustrated by the slow pace of trials against former officials, facing state security forces in disarray and emboldened by their new power, so-called revolutionary brigades – and, at times, criminal gangs posing as such – have been operating above the law, hindering the work of investigators and judges. They all at once assume the roles of police, prosecutors, judges and jailers. Armed brigades create investigation and arrest units; draft lists of wanted individuals; set up checkpoints or force their way into people’s homes to capture presumed outlaws or people suspected of aiding the former regime; and, in some cases, run their own detention facilities in their own headquarters, isolated farms or commandeered former state buildings. Thousands of individuals are in their hands, outside the official legal framework and without benefit of judicial review or basic due process. Assassinations and growing attacks against government security forces have further darkened the picture. This has all the hallmarks of a vicious cycle: impatience with the pace of justice and overall mistrust embolden armed groups; their increased activism undermines the state’s ability to function, including on matters of law and order; and this in turn vindicates the armed groups’ claim that it is their duty to fill the vacuum. Details: Brussels: International Crisis Group, 2013. 53p. Source: Internet Resource: Middle East/North Africa Report N°140: Accessed April 18, 2013 at: http://www.crisisgroup.org/~/media/Files/Middle%20East%20North%20Africa/North%20Africa/libya/140-trial-by-error-justice-in-post-qadhafi-libya.pdf Year: 2013 Country: Libya URL: http://www.crisisgroup.org/~/media/Files/Middle%20East%20North%20Africa/North%20Africa/libya/140-trial-by-error-justice-in-post-qadhafi-libya.pdf Shelf Number: 128416 Keywords: CourtsCriminal Justice ReformCriminal Justice Systems (Libya)Judicial Systems |
Author: Anwar, Shamena Title: The Role of Age in Jury Selection and Trial Outcomes Summary: This paper uses data from 700 felony trials in Sarasota and Lake Counties in Florida from 2000-2010 to examine the role of age in jury selection and trial outcomes. The results imply that prosecutors are more likely to use their peremptory challenges to exclude younger members of the jury pool, while defense attorneys exclude older potential jurors. To examine the causal impact of age on trial outcomes, the paper employs a research design that isolates the effect of the random variation in the age composition of the pool of eligible jurors called for jury duty. Consistent with the jury selection patterns, the empirical evidence implies that older jurors are significantly more likely to convict. Results are robust to the inclusion of broad set of controls including county, time, and judge fixed effects. These findings imply that many cases are decided differently for reasons that are completely independent of the true nature of the evidence in the case – i.e., that there is substantial randomness in the application of criminal justice. Details: Durham, NC: Duke University, 2013. 40p. Source: Internet Resource: Economic Research Initiatives at Duke (ERID) Working Paper No. 146: Accessed May 29, 2013 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2266613 Year: 2013 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2266613 Shelf Number: 128846 Keywords: CourtsFeloniesJurorsJury SelectionTrials |
Author: Corriher, Billy Title: Criminals and Campaign Cash: The Impact of Judicial Campaign Spending on Criminal Defendants Summary: As state supreme court campaigns become more expensive and more partisan, the fear of being portrayed as "soft on crime" is leading courts to rule more often for prosecutors and against criminal defendants. That is the disturbing finding of this Center for American Progress study, which explores the impact on the criminal justice system of the explosion in judicial campaign cash and the growing use of political attack ads in state supreme court elections, which have increased pressure on elected judges to appear "tough on crime." In carrying out this study, CAP collected data on supreme courts that, between 2000 and 2007, saw their first election in which the candidates and independent spenders spent more than $3 million. This includes high courts in Illinois, Mississippi, Washington, Georgia, Wisconsin, Nevada, and West Virginia. For each of these courts, CAP examined 4,684 rulings in criminal cases for a time period starting five years before a given state's first $3 million high court election and ending five years after that election. The findings reveal a clear trend: As campaign cash increased, the courts studied began to rule more often in favor of prosecutors and against criminal defendants. - The 2004 Illinois Supreme Court race broke judicial campaign spending records. As Illinois voters were bombarded with attack ads featuring violent criminals, the high court ruled in favor of the prosecution in 69 percent of its criminal cases - an 18 percent increase over the previous year. - Some states saw a sharp increase in rulings for the state just after their first elections in which spending reached $3 million. Mississippi's high court, for example, saw its first $3 million election in 2000 and some nasty political attack ads that same year. When the next judicial election rolled around two years later, in 2002, Mississippi's justices ruled against criminal defendants in 90 percent of the high court's criminal cases - a 20 percent increase from 2000. - After two politically charged races in 2007 and 2008, the Wisconsin Supreme Court's percentage of rulings for the state shot to 90 percent during the 2009 and 2011 election years. - The correlations were strongest in years that saw more ads produced and paid for by independent groups unaffiliated with the candidates - ads that tended to be more negative than those of the candidates. The one court in the study that saw no independent spending, the Nevada Supreme Court, did not exhibit a tendency to rule for the state during big-money elections. - The Washington and Georgia high courts saw a huge spike in independent spending in 2006, followed by a sharp decline. The percentage of rulings against criminal defendants in these courts also peaked in 2006 and then dropped precipitously as the campaign cash and attack ads disappeared. These results suggest that, just as judges are more likely to rule against criminal defendants as elections approach, state supreme courts are more likely to rule for the state as the amount of money in high court elections increases. These findings have important implications for the debates over reforming our criminal justice system. In the past 50 years, the U.S. government has cracked down on drug crimes and provided financial incentives for states to do the same. The so-called War on Drugs has resulted in over-incarceration and the growth of private prisons, which has given certain companies a financial incentive in maintaining this status quo. But as the financial cost of the nation's drug war has become clear, Americans are debating whether our punitive approach is working. The federal government is scaling back the use of harsh mandatory minimums, and some states, including Georgia, are experimenting with alternative sentencing. If reformers want to stop over-incarceration and ensure that criminal defendants are treated fairly, they must also speak out about the politicization of judicial elections and the tarring of judges as being soft on crime in attack ads, a practice that compels courts to rule for the state and against defendants. The enormous sums of money spent in recent judicial elections have fueled an increase in attack ads targeting judges. State supreme court candidates raised more than $200 million between 2000 and 2009 - two and a half times more than in the 1990s. A record $28 million was spent on television ads in 2012 high court elections, with half of this money coming in the form of independent spending, according to Justice at Stake and the Brennan Center for Justice. These independent spenders are more likely than the candidates' campaigns to run attack ads. Details: Washington, DC: Center for American Progress, 2013. 112p. Source: Internet Resource: Accessed November 7, 2013 at: http://www.americanprogress.org/wp-content/uploads/2013/10/CampaignCriminalCash-4.pdf Year: 2013 Country: United States URL: http://www.americanprogress.org/wp-content/uploads/2013/10/CampaignCriminalCash-4.pdf Shelf Number: 131575 Keywords: Campaign ContributionsCourtsCriminal Justice ReformJudges (U.S.)Judicial SystemSentencing |
Author: Farley, Erin J. Title: Improving Courtroom Communication: A Procedural Justice Experiment in Milwaukee Summary: Research indicates that litigants are more likely to leave court with a positive impression of their experience and to comply with court orders in the future when they perceive the court process as fair. This research underlines the importance of procedural justice. In court settings, procedural justice concerns the role of fair and respectful procedures and interpersonal treatment in shaping assessments of legal authorities and reactions to specific case outcomes. In 2011, with funding from the Bureau of Justice Assistance, the Center for Court Innovation and the National Judicial College launched a pilot demonstration project at the Milwaukee County Criminal Court with the goal of enhancing defendant perceptions of procedural justice by improving the oral, written, and nonverbal communication used by judges in the courtroom. In the initial months of the project, Center staff worked with a group of experts - judges, legal theorists, communications experts, and others - to develop a one-day training for judges and other court staff that aimed to improve courtroom communication practices. Seven Milwaukee judges from misdemeanor and felony courtrooms were recruited to participate in the demonstration (in addition to representatives from partner agencies such as the public defender's office and the district attorney's office), which involved attending the project training, then developing and implementing individualized action plans to improve their communication with defendants. This report presents research findings from a quasi-experimental evaluation of the demonstration project as well as an analysis of the specific types of perceptions, courtroom actors, and defendant characteristics that play a role in shaping dynamics associated with procedural justice. Details: New York: Center for Court Innovation, 2014. 88p. Source: Internet Resource: Accessed April 28, 2014 at: http://www.courtinnovation.org/sites/default/files/documents/Improving%20Courtroom%20Communication.pdf Year: 2014 Country: United States URL: http://www.courtinnovation.org/sites/default/files/documents/Improving%20Courtroom%20Communication.pdf Shelf Number: 132202 Keywords: Communications Court PersonnelCourt ProceduresCourtsCriminal DefendantsJudgesProcedural Justice |
Author: Elek, Jennifer K. Title: Can Explicit Instructions Reduce Expressions of Implicit Bias? New Questions Following a Test of a Specialized Jury Instruction Summary: Judges, lawyers, and court staff have long recognized that explicit, or consciously endorsed, racial prejudices have no place in the American justice system. However, more subtle biases or prejudices can operate automatically, without awareness, intent, or conscious control. Members of the court community are beginning to identify this subtler form of racial bias, or implicit racial bias, as a partial explanation for persistent racial disparities in the criminal justice system. In the absence of empirically vetted interventions, some judges have created and currently use their own specialized jury instructions in hopes of minimizing expressions of such bias in juror judgment. However, depending on how these instructions are crafted, they may produce unintended, undesirable effects (e.g., by increasing expressions of bias against socially disadvantaged group members among certain types of individuals, or by making jurors feel more confident about their decision(s) without actually reducing expressions of bias in judgment). To prevent the distribution and implementation of jury instructions that may do more harm than good, any instruction of this kind must be carefully evaluated. In the present study, the authors sought to examine the efficacy of one specialized implicit bias jury instruction. Mock jurors who received the specialized instruction evaluated the strength of the defenses case in subtly different ways from those who received a control instruction, but the instruction did not appear to significantly influence juror verdict preference, confidence, or sentence severity. Interestingly, the authors were unable to replicate with this sample the traditional baseline pattern of juror bias observed in other similar studies (c.f., Sommers & Ellsworth, 2000; Sommers & Ellsworth, 2001), which prevented a complete test of the value of the instructional intervention. Authors address several possible explanations for this failure to replicate, explore the possibility of shifts in cultural awareness and in the spontaneous correction for bias, and discuss implications for future work. Details: Williamsburg, VA: National Center for State Courts, 2014. 30p. Source: Internet Resource: Accessed July 1, 2014 at: http://www.ncsc-jurystudies.org/What-We-Do/~/media/Microsites/Files/CJS/What%20We%20Do/Can%20Explicit%20Instructions%20Reduce%20Expressions%20of%20Implicit%20Bias.ashx Year: 2014 Country: United States URL: http://www.ncsc-jurystudies.org/What-We-Do/~/media/Microsites/Files/CJS/What%20We%20Do/Can%20Explicit%20Instructions%20Reduce%20Expressions%20of%20Implicit%20Bias.ashx Shelf Number: 132584 Keywords: CourtsJurors Jury Instructions |
Author: Poole, Alana Title: Baraza Justice: A Case Study of Community Led Conflict Resolution in D.R. Congo Summary: Our Congolese partner Fondation Chirezi (FOCHI) has established a network of peace courts, or 'barazas', in war-torn eastern DR Congo. In 2014 we evaluated their impact, and found that lessons can be learned from this very cost effective and sustainable model, for other countries that suffer similar levels of violence. The use of peace courts in peacebuilding is not new and can be found in some form in many peacebuilding projects around the world, but it is often difficult to show the scale of its impact. What our evaluation shows is that peace courts are an important entry point for the international community, creating 'islands of peace' from which other peacebuilding activities can develop. In addition, FOCHI has developed an innovative approach to integrating women into the courts process. After first establishing a mixed-gender peace court supported by influential men, FOCHI then creates an all-female peace court to encourage women to bring cases of sexual and domestic violence. The impact has been significant, with over 50% of evaluation respondents citing female empowerment as a most significant change. Also noteworthy is the speed with which the Barazas have influenced attitudinal and behavioural change in the community. In a country which has suffered - and continues to suffer - the most atrocious violence, undoing the culture of violence is a huge challenge, yet there are clear findings that this is being achieved. In effect, what we see from this evaluation is a microcosm of peacebuilding processes - from violent conflict to prevention, and from early recovery to development, as communities contain violence and reduce conflict - through which they are able to mobilise themselves to lead their own development. As every community has different complexities, this genuine local leadership is required for the very nuanced responses needed, and this project shows how a common entry point can enable such leadership. The ability to rebuild the fabric of society (which this evaluation indicates is possible) is an extremely important achievement as a key foundation for sustainable peace: and by building resilience to violence, communities are better able to transcend periods of instability - a critical step along the fragile route to lasting peace. Details: New York: Peace Direct, 2014. 80p. Source: Internet Resource: Accessed July 7, 2014 at: http://www.peacedirect.org/wp-content/uploads/2014/04/Baraza-Justice.pdf Year: 2014 Country: Congo, Democratic Republic URL: http://www.peacedirect.org/wp-content/uploads/2014/04/Baraza-Justice.pdf Shelf Number: 132627 Keywords: Conflict ResolutionCourts |
Author: Law Library of Congress, Global Legal Research Center Title: Sentencing Guidelines: Australia, England and Wales, India, South Africa, Uganda Summary: Sentencing guidelines in the common law countries of Australia, England and Wales, India, South Africa, and Uganda vary significantly. England and Wales have a Sentencing Council that develops offense-specific guidelines that the courts must follow, while Uganda's Supreme Court has developed guidelines that are advisory only. In India and Australia, no formal guidelines exist and judges retain wide discretion in sentencing, but both countries have mechanisms in place to provide general guidance-in Australia through state legislation and in India through a series of court decisions that identify relevant sentencing factors. Details: Washington, DC: Law Library of Congress, 2014. 58p. Source: Internet Resource: Accessed September 25, 2014 at: http://www.loc.gov/law/help/sentencing-guidelines/sentencing-guidelines.pdf Year: 2014 Country: International URL: http://www.loc.gov/law/help/sentencing-guidelines/sentencing-guidelines.pdf Shelf Number: 133423 Keywords: CourtsJudicial Decision-MakingSentencing Guidelines |
Author: Worwood, Erin B. Title: Evaluation of Early Case Resolution (ECR): Final Report Summary: Early Case Resolution (ECR) Court pilot program was developed as a systemic approach to address challenges faced by the criminal justice system in Utah through a collaborative partnership of state and local agencies. By identifying lower level cases that were eligible for expedited processing, ECR Court aimed to: (1) increase the speed of processing for all cases filed in Third District Court; (2) provide the 'same justice sooner'; (3) provide criminal defendants with appropriate sentences and treatment services; and (4) reduce recidivism rates. Results from this three-year study of ECR Court indicate that: 1.Case processing time was decreased for criminal cases in Third District Court as a result of ECR and the procedural changes that accompanied its implementation. 2.ECR cases received differential sentences for similar types of crime, rather than the 'same justice sooner'. Even after controlling for group differences, ECR cases received more lenient sentences (e.g., lower supervision level, shorter probation length, fewer jail days) than non-ECR cases. 3.Although not lower risk on the LSI-R alcohol and drug domain, fewer ECR cases were ordered to complete substance use disorder (SUD)-related services at sentencing. The same trend was also observed at defendants' first post-sentencing hearings for non-compliance, where fewer ECR cases were ordered to complete SUD-related services, even though they were not less likely to have committed a drug or alcohol violation. 4.Although typically sentenced to shorter probation terms, ECR cases were more likely to be terminated unsuccessfully from probation and were terminated more quickly than non-ECR cases. ECR cases also recidivated more quickly and more often than non-ECR cases; however, the relationship between ECR participation and greater recidivism was reduced for some outcomes when risk to recidivate (as measured by the LSI-R) was included in the predictive model. Details: Salt Lake City: Utah Criminal Justice Center, University of Utah, 2014. 51p. Source: Internet Resource: Accessed May 28, 2015 at: http://ucjc.utah.edu/wp-content/uploads/ECR_FinalReport.pdf Year: 2014 Country: United States URL: http://ucjc.utah.edu/wp-content/uploads/ECR_FinalReport.pdf Shelf Number: 135796 Keywords: Case ProcessingCourtsPartnerships |
Author: John Jay College of Criminal Justice Title: The Summons Report: Trends in the issuance and disposition of summonses in New York City: 2003-2013 Summary: This report examines summonses issued in New York City from 2003-2013. The study offers an in-depth look at summons issuance patterns in the City's five boroughs and two community courts from data provided by the Office of Court Administration. In the decade covered by the report, about a half-million summonses were issued each year. Key findings include: -Overall, summonses are on the decline. This decline is driven by lower issuance rates among 16-17 year olds and 18-20 year olds, mainly for Disorderly Conduct. -On average for the past decade, roughly 2 in 5 summonses resulted in a Dismissal or an Adjournment in Contemplation of Dismissal. Only 1 out of 5 summonses resulted in a disposition of Guilty. -On average over the past decade, 36 percent of summonses resulted in the issuance of a warrant. The majority of these warrants were vacated and as of December 15, 2014, 14 percent of all summonses issued between 2003 and 2013 had an open warrant remaining. -There is substantial borough-level variation throughout the summons process, in patterns of issuance, charges, and dispositions. Details: New York: John Jay College of Criminal Justice, 2015. 96p. Source: Internet Resource: Accessed June 4, 2015 at: http://www.jjay.cuny.edu/sites/default/files/news/Summons_Report_DRAFT_4_24_2015_v8.pdf Year: 2015 Country: United States URL: http://www.jjay.cuny.edu/sites/default/files/news/Summons_Report_DRAFT_4_24_2015_v8.pdf Shelf Number: 135886 Keywords: Court SummonsesCourtsCriminal Procedure |
Author: Ransom, Sophie Title: Evaluation of the JusticeNet Self-Representation Service Pilot Summary: JusticeNet is an independent not-for-profit organisation that brokers pro bono legal assistance for low-income and disadvantaged South Australians and community organisations, predominantly for civil law matters. In September 2013, JusticeNet commenced a pilot Self-Representation Service, providing legal advice and discrete task assistance to eligible "litigants-in-person" in the civil jurisdiction of the Supreme Court of South Australia. The overall aim of the Service is to improve access to justice for disadvantaged litigants-in-person in the civil jurisdiction of the Supreme Court, while discouraging the commencement or continuation of unnecessary proceedings and encouraging the resolution of disputes through alternative means. The Office of Crime Statistics and Research at the South Australian Attorney-General's Department was contracted by JusticeNet to conduct an evaluation of the 12-month pilot project. A mixed-methods approach was used to conduct a process and outcome evaluation. The evaluation uses data from the following sources: - Service data recorded by JusticeNet; - Limited data about matters for which the Service has assisted, provided by the South Australian Supreme Court registry; - Feedback from clients recorded on client feedback forms after appointments at the Service; - Online surveys of court registry staff, volunteer students and volunteer solicitors; and - Semi-structured interviews with a JusticeNet representative, a courts registry staff member and a volunteer solicitor. Overall, the JusticeNet Self-Representation Service appears to be a well-run service that is valued by all involved with it, particularly the clients it is designed to assist. Despite some mostly minor process issues, the continuation of the Service is almost unanimously supported by all involved in the evaluation. Although based on data which is limited in terms of numbers and time, this evaluation indicates that the Service is successful in achieving its stated objectives. While difficult to quantify, the Service is likely to be making overall savings for the Supreme Court, particularly in terms of reducing workload of and demand on the registry staff, and in preventing the commencement or continuation of proceedings in relation to unmeritorious matters. The provision of basic legal advice and assistance to those who could not otherwise afford it has important benefits for self-represented litigants in terms of understanding their own rights under the law and enabling informed decision-making in relation to their matters, as well as improving the likelihood of just and fair outcomes in court for meritorious matters. The Service continues to face some challenges, particularly in relation to ongoing funding, IT issues and problems associated with the limited availability of the Service. If the Service continues, it will remain a valuable addition to the very limited range of legal services available to assist disadvantaged litigants with civil matters, and litigants-in-person in the Supreme Court civil jurisdiction. Details: Adelaide, SA: Office of Crime Statistics and Research, Policy, Projects and Technology Division, South Australian Attorney-General's Department, 2015. 43p. Source: Internet Resource: Accessed July 9, 2015 at: http://www.ocsar.sa.gov.au/docs/evaluation_reports/JusticeNet_SRS_Evaluation_Report.pdf Year: 2015 Country: Australia URL: http://www.ocsar.sa.gov.au/docs/evaluation_reports/JusticeNet_SRS_Evaluation_Report.pdf Shelf Number: 135973 Keywords: Assistance to the PoorCourtsIndigent DefenseLegal Aid |
Author: United States Sentencing Commission Title: Alternative Sentencing in the Federal Criminal Justice System Summary: January 2009 the United States Sentencing Commission issued a report, Alternative Sentencing in the Federal Criminal Justice System. The report analyzed data from the prior decade concerning the imposition of alternative sentences by federal courts. In particular, that report found "the proportion of federal offenders sentenced to alternatives . . . remained low and decreased slightly" during the prior decade. As a supplement to the 2009 publication, the Commission is releasing this new report, using data from 2005 through 2014, to examine more recent trends in the rates of alternative sentences using a methodology that expands that of the prior report. Notably, this new report updates the previous analysis to include federal sentencing data since the U.S. Supreme Court's December 2007 decision in Gall v. United States, which reinforced sentencing courts' discretion to vary below the sentencing ranges recommended by the Guidelines Manual. This current report examines how sentencing courts use their discretion to impose alternative sentences, specifically combinations of probation and confinement options that substitute for the full prison terms permitted by law. This analysis shows a continued decreasing trend in the imposition of alternative sentences and explores factors associated with the decrease. In examining these trends, this report demonstrates: - Alternative sentences were imposed for a small proportion of federal offenders, in part, as a result of the large number of federal offenders who were ineligible for such sentences due to convictions under certain statutes or their status as deportable aliens. - During the past ten years, rates of alternative sentences declined among U.S. citizen federal offenders who were eligible for such sentences despite 1) a steady overall increase in sentences below the guideline range due to downward departures or variances and 2) overall consistency in offense severity and criminal history among those offenders. - In recent years, the decrease in rates of alternative sentences for eligible offenders, in part, is a reflection of the Commission's 2010 amendment that expanded Zones B and C of the Sentencing Table. The amendment added to Zones B and C offenders whose sentencing ranges previously were in Zones C and D, thereby increasing the proportion of offenders eligible for alternatives. However, as to be expected, courts imposed alternatives for these more serious offenders less frequently than for offenders whose sentencing ranges otherwise were in Zones B and C. This has contributed to the decrease in the rate of alternative sentences for eligible offenders. - Alternative sentences were imposed at notably different rates for offenders in different race categories with White offenders receiving such sentences at higher rates than Black and Hispanic offenders. - During the past ten years, alternative sentences have been imposed at a consistently low rate among U.S. citizen offenders whose sentencing ranges were in Zone D of the Sentencing Table. Details: Washington, DC: U.S. Sentencing Commission, 2015. 34p. Source: Internet Resource: Accessed July 9, 2015 at: http://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-projects-and-surveys/alternatives/20150617_Alternatives.pdf Year: 2015 Country: United States URL: http://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-projects-and-surveys/alternatives/20150617_Alternatives.pdf Shelf Number: 135975 Keywords: Alternatives to IncarcerationCourtsPunishmentSentencing |
Author: Suggit, Daniel Title: Joining Forces: A partnership approach to effective justice - community-driven social controls working side by side with the Magistracy of the Northern Territory Summary: Community Courts began as a formal pilot project in 2005 within the NT Court of Summary Jurisdiction under the direction of the then Chief Magistrate, Hugh Bradley, and with funding and support from the Yilli Rreung ATSIC Regional Council. In 2008, the pilot was 'expanded' to program status through the NT Government's Closing the Gap of Indigenous Disadvantage: A Generational Plan of Action (2007), which provided a funding commitment of $2.1 million over 5 years: 2008-2012. A Requirement of this funding was for the Department to undertake an external evaluation of the 5 year program. It is understood that the evaluation was intended to be undertaken in the third or fourth year of the 5-year program. However, this evaluation was commissioned at the start of 2012 within the program's final 6 months. The methodology employed by the consultant includes: - Stakeholder consultation (refer: Appendix 1: List of Stakeholders consulted) - Observation of one community court (Youth Justice Court) at Alyangula Court House, Groote Eylandt on 10th May 2012 - Desktop research (refer: References) - Analysis of IJIS data in relation to Community Court pilot and program implementation, reoffending and breach of court orders Key limitations to the effectiveness of this review methodology have been: - Suspension of Adult Community Courts (2011): due to the suspension of Community Courts for adult offenders from 2011 (as detailed below), there was limited opportunity within the current project timeframe to observe this specialist court operation and moreover, to discuss the effectiveness of the program with all participating stakeholders. This particular limitation undoubtedly constrained the consultant's ability to interview Indigenous community participants in relation to this model of court delivery. - Data: the Community Court program objectives refer explicitly to two quantitative indicators of program success: a reduction in both rates of reoffending and breach of court orders. While these may have been both stated program objectives, there appears to have been no commitment to establishing a data analysis framework to monitor these objectives against mainstream outcomes over the past 5 years. It has been left to the consultant - with the patient and time-consuming assistance of NTG officers within and outside the Department - to define, collate, test and analyse the various datasets from scratch. While it is admirable to have identified quantitative measures within the list of original program objectives, it would have been helpful in terms of the program's implementation and subsequent improvement to have established at the outset a framework to monitor and analyse this data. Details: Melbourne: Swinburne University of Technology, 2016. 42p. Source: Internet Resource: Accessed September 22, 2016 at: http://apo.org.au/files/Resource/d_suggit_apo_joining_forces_report_sept_2016.pdf Year: 2016 Country: Australia URL: http://apo.org.au/files/Resource/d_suggit_apo_joining_forces_report_sept_2016.pdf Shelf Number: 145604 Keywords: Community CourtsCourtsJuvenile OffendersPartnershipsYouth Justice Courts |
Author: Sarel, Roee Title: Judicial Errors, Crime Deterrence and Appeals: Evidence from U.S. Federal Courts Summary: his paper seeks to empirically examine how the accuracy of a multi-tier adjudication system affects crime deterrence. An ongoing scholarly debate regarding the effects of judicial errors on deterrence provides mixed arguments, but the role of a multi-tier system - where errors can be corrected on appeal - has been mostly overlooked. Analyzing appeal results from U.S federal courts and corresponding crime rates, I find that error occurrence, reflected by affirmance rates, decreases deterrence. Error correction, conversely, entails a complex effect: reversals increase deterrence, but remands decrease deterrence; which implies a need for theoretical adjustment and judicial caution. Details: Frankfurt, Germany: Frankfurt School of Finance & Management gemeinntzige GmbH, 2016. 52p. Source: Internet Resource: Accessed May 16, 2017 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2739674 Year: 2016 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2739674 Shelf Number: 145485 Keywords: Appeals CourtsCrime Rates Deterrence Judicial Errors |
Author: Chemonics International Inc. Title: Changes for Justice Project: Final Report Summary: The Changes for Justice (C4J) Project was funded by the U.S. Agency for International Development (USAID) under Contract No. DFD-I-00-08-00070-00, a Task Order under the Encouraging Global Anticorruption and Good Governance Efforts (ENGAGE) Indefinite Quantity Contract (IQC) awarded to Chemonics International with a start date of May 12, 2010. The C4J contract effective end date was May 11, 2014, but the project received a cost extension until May 11, 2015. The C4J Project was based on several recent USAID efforts to support the bureaucratic reform processes of the Indonesian Supreme Court and the Attorney General's Office (AGO), including the Justice Sector Reform Program (JSRP) focused on the AGO, the Millennium Challenge Corporation (MCC)/USAID Indonesia Control of Corruption Project (ICCP), focused on the Supreme Court, and the Indonesia Anticorruption and Commercial Court Enhancement (In-ACCE) Project, focused on five first-instance general (district) courts with jurisdiction for commercial and anticorruption cases. C4J was designed to sustain those earlier projects' reforms, compare the knowledge and experiences of each, and deepen the reforms by improving management and increasing transparency and accountability within Indonesia's judicial and prosecutorial systems. The goals of the C4J Project were divided into three parts: Sustaining and Broadening Reforms in the Supreme Court (Component 1); Sustaining and Broadening Reforms in the Attorney General's Office (Component 2); and Special Initiatives (Component 3). Key activities included institutional reforms in human resources, budget and financial management, case management, information technology, education and training programs, and public services. Technical activities included development and launching of prosecution guidelines, a new prosecutorial code of conduct, a new certification program for judges on juvenile cases, and an integrated justice sector training program on combatting threats to biodiversity. Special Initiatives of the project under Component 3 included installation of public information desks, creation of Version 1 of a new case tracking system (CTS) in three pilot district courts during the first year of the project, and a new program to combat threats to biodiversity in three pilot districts, including district courts, district prosecutors' offices, and rural communities. These pilot programs proved to be an excellent model for testing, evaluating, and rolling out reforms. Details: Washington, DC: United States Agency for International Development, 2015. 130p. Source: Internet Resource: Accessed September 9, 2017 at: http://www.chemonics.com/OurWork/OurProjects/Documents/C4J%20Final%20Report.pdf Year: 2015 Country: Indonesia URL: http://www.chemonics.com/OurWork/OurProjects/Documents/C4J%20Final%20Report.pdf Shelf Number: 147179 Keywords: CourtsCriminal CourtsCriminal Justice ReformCriminal Justice SystemsPolitical Corruption |
Author: Human Rights Watch Title: "Caught in a Web": Treatment of Pakistanis in the Saudi Criminal Justice System Summary: Despite over a decade of reforms, the Saudi criminal justice system continues to trample over the rights of Saudi and non-Saudi defendants to due process and fair trials. The glaring defects in the criminal justice system are especially acute for the twelve million foreigners living in Saudi Arabia, over one-third of the country's total population, who face substantial challenges obtaining legal assistance and navigating Saudi court procedures. About 1.6 million Pakistanis, most of them foreign migrant workers, make up the second-largest migrant community in Saudi Arabia. "Caught in a Web" is based on interviews with Pakistani citizens detained and put on trial in Saudi Arabia in recent years, as well as family members of other Pakistani defendants. Pakistani detainees, former detainees, and their family members detailed the Saudi criminal justice system and Saudi courts' rampant due process violations, including long periods of detention without charge or trial, no access to legal assistance, pressure on detainees from the authorities to sign confessions and accept predetermined prison sentences to avoid prolonged arbitrary detention, and ineffective translation services for defendants. Some defendants reported ill-treatment and poor prison conditions. Due process violations were most consequential for defendants involved in serious cases such as drug smuggling and murder, which often carry the death penalty. Saudi Arabia executes more Pakistanis than any other foreign nationality annually, mostly for heroin smuggling. The report calls on the Saudi government to improve its legislation and practices to create real protections against arbitrary arrest, due process, and fair trial violations, and it calls on the Pakistani government to ensure that Pakistani detainees in Saudi Arabia have access to consular services and legal representation. Details: New York: HRW, 2018. 35p. Source: Internet Resource: Accessed March 16, 2018 at: https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0318_web.pdf Year: 2018 Country: Saudi Arabia URL: https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0318_web.pdf Shelf Number: 149486 Keywords: CourtsCriminal Justice SystemsDefendantsDiscriminationHuman Rights Abuses |
Author: Perlin, Michael Title: "She's Nobody's Child - The Law Can't Touch her at All": Seeking to Bring Dignity to Legal Proceedings Involving Juveniles Summary: Inquiries into a range of issues involving juveniles in the psychiatric hospitalization and criminal trial process reveal that, regularly, juveniles are subject to shame and humiliation in all aspects of the legal system that relate to arrest, trial, conviction, and institutionalization, shame and humiliation that are often exacerbated in cases involving racial minorities and those who are economically impoverished. We contextualize them into the juvenile justice system, and look specifically at how this is reflected in the case law. We then consider these findings through the filters of therapeutic jurisprudence and international human rights laws, concluding that these approaches best remediate the current state of affairs and infuse this system with badly‐needed dignity. Details: New York, 2016. 21p. Source: Internet Resource: Accessed September 14, 2018 at: https://onlinelibrary.wiley.com/doi/abs/10.1111/fcre.12324 Year: 2016 Country: United States URL: file:///C:/Users/AuthUser/Downloads/Perlin_et_al-2018-Family_Court_Review.pdf Shelf Number: 151529 Keywords: CourtsJuvenileJuvenile DelinquencyJuvenile Justice SystemMental HealthPsychiatric Health |
Author: Dumont, Robyn Title: 2017 Court Access and Fairness Survey Report Summary: This report summarizes the findings from the 2017 Maine Court Access and Fairness Survey, which asked survey participants to respond to a series of court "access" and "fairness" question. The survey was conducted in March 2017 by the Maine Statistical Analysis Center and was completed by 1,039 participants, all of who were visitors to various courthouses across the State of Maine. The survey results summarized in this report are part of ongoing efforts by the Maine Judicial Branch (MJB) to be responsive to the government and the public. Findings from this research were positive, reflecting court users' belief that courts are both accessible and fair. The majority of court users agreed or strongly agreed with survey statements affirming that courts are accessible (83%) and likewise agreed or strongly agreed with statement s affirming that they are fair (78%). Details: Portland: Maine Statistical Analysis Center, 2018. 72p. Source: Internet Resource: Accessed November 8, 2018 at: https://cpb-us-w2.wpmucdn.com/wpsites.maine.edu/dist/2/115/files/2018/05/2017_Court_Access_and_Fairness_Survey_Report-1tpod2e.pdf Year: 2018 Country: United States URL: https://cpb-us-w2.wpmucdn.com/wpsites.maine.edu/dist/2/115/files/2018/05/2017_Court_Access_and_Fairness_Survey_Report-1tpod2e.pdf Shelf Number: 153284 Keywords: Administration of JusticeCourt SystemCourts |