Improving Juvenile Dependency Case Timeliness Through Use of the One Family,One Judge Model

Motivated by the timelines set forth by the Adoption and Safe Families Act of 1997, courts are working toward moving cases safely and expeditiously through the juvenile dependency court system. One strategy to improve timeliness is the implementation of a one family, one judge (OFOJ) model. This study examines the effects of OFOJ implementation on timeliness of case processing. Implementation of the OFOJ model showed a trend toward improved timeliness. Post‐OFOJ cases were quicker to reach case closure than pre‐OFOJ cases. Every additional judge on the case increased time to permanency (i.e., case closure) by 31 days, which means children are spending one additional month in care per judge. Resolving cases quicker could improve the courts' ability to meet statutory timelines, and could lead to better outcomes for children and families.     

Have Federal Sentencing Guidelines Reduced Severity? An Examination of One Circuit

Congress intended to make the sentencing process less discretionary and more equitable for similarly situated defendants when it passed the U.S. Sentencing Reform Act of 1984. Sentencing guidelines were devised to promote these changes. After more than a decade of implementation, however, little is known about the impact of the new policy. This paper examines sentences given between 1993 and 1994 in one federal circuit in an effort to determine whether this policy instrument has achieved success. The theoretical model of a rational case processing system (Gottfredson and Gottfredson, 1980) is used to guide the interpretation of our findings and the recommendations we offer for improvements.     

A simulation model of pretrial felony case processing: A queuing system analysis

Case processing tends to be examined with data analysis or evaluation designs. Both limit our understanding of how case processing as a whole operates and how its parts relate to each other. This article suggests queue simulation modeling as a method for dealing with these issues. We report here the initial development and analysis of a queuing model of arraignment to trial assignment. Conceptualizing on the basis of court functions and empirical findings, rather than institutional structures, we conceive a five-stage pretrial process. Using case-level, rather than system-level data, we construct a single-server, multiphase queuing model and use the model to simulate the behavior of a pretrial case processing system. Simulations show the strong impact of the final phase (trial assignment) on the entire system and that most of this impact is delay rather than service. The system is then analyzed using a factorial design that systematically alters model parameters thought to be important determinants of performance. Simulations are run for each possibility in the design, and analysis of variance is used to examine results. Analysis confirms prior results concerning final phase impact and points specifically to the import of phase capacity and exit rate. The utility of modeling is considered by suggesting some policy implications of the results for judicial staffing and behavior.     

Civil Cases and Society: Process and Order in the Civil Justice System

It is not an exaggeration to say that we live in an era preoccupied with the problems and challenges of obtaining justice in civil cases. Concerns expressed about the civil justice system range from warnings that civil court dockets are clogged by disputants too litigious for their own good to complaints that the legal system is used too rarely in civil cases.
The authors approach their analysis with a sense that this subject area is in need of more and better theory. It is an unfortunate fact that discussions of civil justice—and suggestions for reform—have been marked by contradiction and confusion and have been engrossed with small matters that tend to obscure from view the system as a whole.
The first part of this essay focuses on what the civil justice system is and does. It presents a five-stage model of civil case processing and examines relationships between this model and the criminal justice system. The second part of the essay considers this model in a broader context. Here the authors examine two paradigms of civil case processing and their implications for the implementation of legal norms and the pursuit of justice in society.     

Case Processing Times in Three Courts

The time it takes a court to process its cases, a critical aspect of court performance, varies widely from case to case, from court to court, and within a given court as the court and its environment change over time. The sources of this variation, however, have remained largely obscure.
This paper examines the structural and case-level influences on processing times in three criminal courts experiencing structural changes, including a number of administrative reforms designed to reduce processing times. We find both similarities and differences between courts, but in general both many structural arrangements and many case characteristics affect processing times, with some case characteristics having different effects under different structural arrangements, and some structural arrangements affecting different sorts of cases differently. We conclude with a discussion of implications for court management.     

Probability of exceeding a given prison population size

The infinite server, steady state, queueing system with exponential arrival and general service times is proposed as a model for determining the probability of exceeding a given inmate population level in prisons in the United States. This model is also applied to the case in which the average time served is disaggregated into categories and their relative proportions or frequencies of occurrence are known.     

Analyzing approaches to internet jurisdiction based on a model of harbors and the high seas

The inherent cross-border nature of the internet has challenged the legal system for over two decades. In this paper we introduce a model in which the internet is approached as if it were the high seas, the harbor of origin, the harbor of destination, or a combination of these. This model is used to rephrase existing case law related to internet jurisdiction from an international law perspective, the US and the EU (in particular Germany and the Netherlands). The model helps to illuminate the positions taken by the parties and the judge, and to indicate possible alternative interpretations. In some cases a high seas approach would have made sense (Yahoo!), or more recently the Vacation Rental by Owner case about trademarks where registration in one country was deemed to have an effect everywhere a person had the trademark on his or her computer screen. In H&M v G-star the Dutch Supreme Court even established jurisdiction based on an infringing product that was not available in the city of the court but was to become available on the internet some time in the future. We do not take a position in this paper on what perspective, based on our model, is best, but make clear how to identify the possible arguments.     

An Examination of the Denver Drug Court: The Impact of a Treatment‐Oriented Drug‐Offender System

This paper reports on a retrospective study of the Denver Drug Court that was conducted to assess the court's impact on court processing, treatment matching, and offender recidivism. A sample of 300 offenders from the Denver Drug Court and drug offenders from two previous years prior to the drug court was obtained. Quasi‐experimental procedures were used to examine differences in measured variables across each offender cohort. Data for this study were collected from court records as well as through on‐line arrest records. This paper begins with an exploration of the organizational framework of the Denver Drug Court and the court's related treatment options. It also examines the extant literature on the effectiveness of drug courts. Analysis of the data indicates that the Denver Drug Court has reduced case processing time and it has slightly reduced the amount of time offenders spend in presentence confinement. Unlike previous studies of drug courts, this study attempted to examine the court's ability to match offenders to treatment needs. Analysis of the available data, although limited, suggests that offenders are being matched to appropriate levels of treatment. Finally, data analysis indicates no significant differences in revocation or rearrest rates. This article concludes with a discussion of the controversial nature of drug courts. Directions for future research are offered.     

Predicting juvenile delinquency: A review of correlates and a confirmation by recent research based on an integrated theoretical model

This study is an exploration of the effects of setting cases for trial in a court that permits jury trials for juveniles. Although few cases actually go to trial, cases set for trial have an impact on juveniles and the court. The study reported here is based on data from a study of 710 youths upon whom delinquency petitions were filed in a suburban court in 1980. Of these youths, 94 had cases set for trial and 7 actually went to trial.

The first part of the article gives a brief historical perspective on the juvenile right to jury trial, discusses why defense attorneys set cases to trial, and describes some of the difficulties in measuring the impact of jury trials. The second part reports on the impact of trial setting in “Suburban Court” on case outcomes and case processing time. A partial correlation analysis shows that there is no significant association between setting a case for trial and either adjudication or final disposition, even when other factors are held constant. Setting a case for trial has a significant association with long case processing times, however. Cases set for trial take almost twice as long as other cases to move from filing to adjudication.     

Fluvial transport of human remains in the lower Mississippi River

The Mississippi River has claimed many lives over the last several decades. A better understanding of the universal dynamics of its fluvial system can help direct the production of a predictive model regarding the transportation of human remains in the river. The model may then be applied to situations where the location and the identification of water victims are necessarily part of the recovery process. Results from the preliminary phase of a longitudinal project involving the transport of human remains in the Mississippi River are presented and represent the analyses of 233 case files of river victims. A provisional model for fluvial transport of human remains in the Mississippi River is proposed and examined. This model indicates that time in the river and distance a body travels are related. Such a model may assist in pinpointing entry location for unidentified human remains found in the river or on its banks. Further, it has the potential to provide local and regional law enforcement agencies, the United States Coast Guard, and other search and rescue organizations with primary search areas when someone is missing in the river. Other results from this study indicate that a relationship exists between the side of the river where victims enter the water and the side of the river where the remains are recovered. Finally, relationships are established between the length of time before recovery of the remains and state of preservation exhibited by those remains. A secondary benefit from this study is a database of river victims that can be used by a variety of different agencies.     

MI Implementation in Juvenile Justice: A Case Report

Motivational interviewing (MI) is a communication style focused on enhancing clients’ own motivation towards change. In the justice system MI has evidence to support that it enhances communication and change behaviors in youth. As most MI training is designed for healthcare settings training and implementation of MI must be adapted to fit the juvenile justice model. This includes both rehabilitation and restorative justice. Here we describe the details that allowed one county small county in Pennsylvania to roll out MI training and initial skills review in less than 6 months. The case reviews the details of planning, trainings, and timing of activities. We then discuss what elements of those details fit into a greater implementation plan that may be applied elsewhere. Four key elements were instrumental to implementation: 1) appreciation of JPO time constraints, 2) cost containment 3) using blending to enhance JPO flexibility with MI use, and 4) policies that normalize use of MI. This outline may assist other courts in their own implementation efforts.     

The Data Protection (Amendment) Act, 2003: the Data Protection Directive and its implications for medical research in Ireland

Directive 95/46/EC on the Protection of Individuals with regard to the Processing of Personal Data and on the Free Movement of Such Data has been transposed into national law and is now the Data Protection (Amendment) Act, 2003. The Directive and the transposing Act provide for new obligations to those processing data. The new obligation of primary concern is the necessity to obtain consent prior to the processing of data (Article 7, Directive 95/46/EC). This has caused much concern especially in relation to 'secondary data' or 'archived data'. There exist, what seem to be in the minds of the medical research community, two competing interests: (i) that of the need to obtain consent prior to processing data and (ii) the need to protect and foster medical research. At the same time as the introduction of the Act, other prior legislation, i.e. the Freedom of Information Act, 1997-2003, has encouraged candour within the doctor-patient relationship and the High Court in Ireland, in the case of Geoghegan v. Harris, has promulgated the 'reasonable-patient test' as being the correct law in relation to the disclosure of risks to patients. The court stated that doctors have a duty to disclose all material risks to patients. The case demonstrates an example of a move toward a more open medical relationship. An example of this rationale was also recently seen in the United Kingdom in the House of Lords decision in Chester v. Afshar. Within the medical research community in Ireland, the need to respect the autonomy of patients and research participants by providing information to such parties has also been observed (Sheikh A. A., 2000 and Irish Council for Bioethics, 2005). Disquiet has been expressed in Ireland and other jurisdictions by the medical research communities in relation to the exact working and meaning of the Directive and therefore the transposing Acts (Strobl et al). This may be due to the fact that, as observed by Beyleveld "The Directive makes no specific mention of medical research and, consequently, it contains no provisions for medical research as an explicitly delineated category." (Beyleveld D., 2004) This paper examines the Irish Act and discusses whether the concerns expressed are well-founded and if the Act is open to interpretation such that it would not hamper medical research and public health work.     

Reconciling Accountability and Fiscal Prudence? A Case Study of the Budgetary Role and Impact of the German Parliament

Based on a case study, this article argues that the goals of accountability and fiscal prudence can be reconciled in the context of the parliamentary budget process. It captures the institutional setting for the budgetary work of the German parliament, in legal, organisational and procedural terms and with regard to its resources. The article then provides an assessment of the budgetary impact of the legislature against the goals of public expenditure management: aggregate fiscal discipline, allocative efficiency, and operational efficiency. The conclusion indicates that some standard arguments cannot explain why the budgetary work of parliament in this case has tended to result in lower deficits and improved public expenditure management. Rather, it is argued, a system that allows for parliament to buy into the overall budgetary aims and policies of the government through a co-operative process facilitates the reconciliation of accountability and fiscal prudence. At the same time, there is scope to refine the public expenditure management model for its application to the comparative study of the budgetary outcomes of legislative behaviour.     

Plan Evasion and Supply Instability in a Double-Track System

In the reforms of centrally planned economies (CPEs), variants of thedouble-track system as a transitional measure. While there have been somestudies of the system from the demand side, little effort has been spentby economists to analyze its consequences from the t supply side. Thispaper is an attempt to do so in a disequilibrium framework. We show thatgiven a particular form of plan evasion, it is possible for the plannedprice to affect output, a result which contrasts with that of a generalequilibrium model (Sicular, 1988). Moreover, quantum changes in supplycould take place, generating instability in the system. The model isextended into a two-product case, where we illustrate that supplyinstability may still take place. Some alleviating factors that reducefluctuations are then discussed.     

NAFTA本田汽车原产地规则案再探——兼论对中国区域合作的启示

北美自由贸易区在本田汽车原产地认定方面,强调了在像汽车这种由很多重要部件和次要部件经常在多数国家中组装而成的产品原产地问题的重要性。本田案件提出的根本问题在计算中如何衡量非本土材料在组件的本地含量,加工成本是否可以囊括在当地含量之内,进而通过重新定义的净成本方法解决该问题。该案对中国区域合作中海关在原产地认定方面也具有...     

Catches to the right to be forgotten,looking from an administrative law perspective to data processing by public authorities

Public authorities process personal data. In most cases these data are processed because there is a legal obligation to do so, or because processing is necessary for the performance of a task carried out in the public interest. The right to be forgotten or to erasure will, in this situation, play a limited role in the protection of the rights of the individual. There is even a public interest in maintaining archives, thus in not forgetting. At the same time, the possibility exists that not forgetting might be more valuable for the protection of rights of data subjects then forgetting. In the case of data processing by public authorities, it is important that the processing is based on a law. A close watch should be held on the grounds that public authorities use to justify the processing. As the right to be forgotten will play a limited role in the protection of the rights of data subjects in the case of data processed by public authorities, it is important to emphasize the right of access and rectification of data. It is therefore essential that the controller is transparent to the public with regard to the processing of data.     

中国法学向何处去(下)——对苏力“本土资源论”的批判

1978年至2004年,中国法学在取得很大成就的同时也暴露出了它的问题,而它的根本问题就是未能为评价、批判和指引中国法制发展提供作为理论判准和方向的“中国法律理想图景”。这是一个没有中国法律理想图景的法学时代。据此,要对“中国为什么会缺失中国自己的法律理想图景”这个理论论题给出回答,并对中国法学这一时代进行“总体性”的反思和批判。较为具体地讲,采用经过界定的“范式”分析概念,对中国法学中四种不同甚或存有冲突的理论模式即“权利本位论”、“法条主义”、“本土资源论”和“法律文化论”进行了深入探究。中国法学之所以无力引领中国法制发展,实是因为它们都受一种“现代化范式”的支配,而这种“范式”不仅间接地为中国法制发展提供了一幅“西方法律理想图景”,而且还使中国法学论者意识不到他们所提供的不是中国自己的“法律理想图景”;同时,这种占支配地位的“现代化范式”因无力解释和解决因其自身的作用而产生的各种问题,最终导致了作者所谓的“范式”危机。正是在批判“现代化范式”的基础上,我们必须结束这个受“西方现代性范式”支配的法学旧时代,开启一个自觉研究“中国法律理想图景”的法学新时代。     

Hair-MAP: a prototype automated system for forensic hair comparison and analysis

This paper demonstrates the feasibility of the automation of forensic hair analysis and comparison task using neural network explanation systems (NNESs). Our system takes as input microscopic images of two hairs and produces a classification decision as to whether or not the hairs came from the same person. Hair images were captured using a NEXTDimension video board in a NEXTDimension color turbo computer, connected to a video camera. Image processing was done on an SGI indigo workstation. Each image is segmented into a number of pieces appropriate for classification of different features. A variety of image processing techniques are used to enhance this information. Use of wavelet analysis and the Haralick texture algorithm to pre-process data has allowed us to compress large amounts of data into smaller, yet representative data. Neural networks are then used for feature classification. Finally, statistical tests determine the degree of match between the resulting collection of hair feature vectors. An important issue in automation of any task in criminal investigations is the reliability and understandability of the resulting system. To address this concern, we have developed methods to facilitate explanation of neural network's behavior using a decision tree. The system was able to achieve a performance of 83% hair match accuracy, using 5 of the 21 morphological characteristics used by experts. This shows promise for the usefulness of a fuller scale system. While an automated system would not replace the expert, it would make the task easier by providing a means for pre-processing the large amount of data with which the expert must contend.     

个人信息流通利用的制度基础——以信息识别性为视角

《个人信息保护法》以信息主体同意为基础,构筑了个人控制的个人信息直接利用制度,但其是否为流通利用提供了通道仍存疑问。信息因其识别性能的差异,可区分为直接标识符、间接标识符和准标识符,三者给个人权益带来的危害风险不同。《个人信息保护法》规定的匿名化和去标识化本质上是针对特定数据集中信息识别风险的制度安排,能消除因信息本身识别性产生的风险,而很难消除基于识别分析的识别性产生的风险。因此,缺失针对“基于识别分析的识别性产生的风险”的措施,现行关于匿名化和去标识化的规范均不能支撑个人信息流通利用。去标识化需要改造成为“去直接标识符+识别控制”的受控去标识化制度,在防控个人信息识别风险的前提下,为个人信息流通利用提供制度保障,以最大化实现个人信息的社会价值。     

FAMILY COURT ASSESSMENT:Dissolution of Marriage in Florida—Preliminary Assessment Findings

To obtain the empirical data necessary for the development of an effective family court case management model, staff from Florida's Office of the State Courts Administrator undertook a comprehensive assessment of (a) the movement of dissolution of marriage cases through the court system, (b) the factors affecting case flow and time frames, and (c) the system's responsiveness to the families and children it serves. Findings from this study are guiding the Florida Supreme Court's Family Court Steering Committee in its efforts to design an effective case management system that includes intake and referral, differentiated case management and tracking, case monitoring, and alternative dispute resolution.