The age of sexual consent

In 1899 the age of sexual consent in some American jurisdictions was 9 years. It has ranged from 7 to 21 years and at present the range is from 11 to 18 years. The age selected seems to be an arbitrary matter, the product of legislative compromise. The age of sexual consent should not be so early that little protection is provided for a child. Conversely, it should not be so late that a man can be held for statutory rape when the "victim" is fully capable of informed consent and readily acquiesced to a proposal or even invited a sexual relationship.     

The Court for Sexual Offences: perceptions of the victims of sexual offences

This article explores the perceptions of sexual offence victims following their interaction with the Court for Sexual Offences in Bloemfontein, Free State, South Africa. The study primarily investigates these individuals' satisfaction with the degree to which the Court succeeds in providing more effective justice for victims and reduces secondary victimization during judicial proceedings. The respondents were generally positive with regard to their experiences with the Court. However, cases were still found to be slow in coming to trial. The treatment of the victims after their participation in the trials was found not to be of the same standard as that received before they testified. These findings point to potential changes to the current system to further enhance the Court's functioning and legitimacy amongst the people who make use of its services.     

Provisional Court Protection in Administrative Disputes in Europe: The Constitutional Status of Interim Measures Deriving from the Right to Effective Court Protection. A Comparative Approach

Abstract: Interim protection in remedies against the public administration has proved to be one of the key issues in today's justice. In effect, the slowness of judicial proceedings means that final judicial decisions cannot guarantee the rights and interests of the litigants any more, because those decisions arrive too late. Thus, effective judicial protection is at stake. On the other hand, public administrations have traditionally disposed of privileges, one of the most important of them being the so‐called executive character of administrative acts. The national debate on the equilibrium between both principles—effective judicial protection and the executive character of administrative acts—needs to be exported to the Community law context. Community law should therefore learn from national experiences, as other legal orders, such as the Spanish one, have done, turning to comparative law in order to improve their own model of interim protection.     

State Courts, the U.S. Supreme Court, and the Protection of Civil Liberties

Advocates of federalism, both in the United States and elsewhere, often cite the potential for enhanced protection of individual civil liberties as an emerging rationale for a federal system dividing governmental responsibilities between central and regional governments and central and regional judiciaries. Echoing this, some judicial officials and scholars, confronting an increasingly conservative U.S. Supreme Court, have called for state supreme courts to use the state constitutional grounds to preserve and increase the protections of the Bill of Rights. Using event count analysis, we examine state search-and-seizure cases for 1981 to 1993 to ascertain under what circumstances state courts would use this opportunity to eliminate Supreme Court review. We find that the relative ideological position of the state supreme courts and the U.S. Supreme Court often prevents, or does away with the need for, liberal courts to use the adequate and independent state grounds doctrine to expand the rights of criminal defendants and that state supreme court justices react more predictably in the assertion of constitutional protection law than the general consensus suggests.     

The Court for Sexual Offences: perceptions of the families of the victims of sexual offences

This article aims to evaluate the degree to which the Court for Sexual Offences in Bloemfontein, Free State, South Africa and associated auxiliary institutions meet the needs of the families of the victims of sex-crimes. The perceptions of 24 family members of victims were obtained. These individuals generally perceived the functioning of the Court and its auxiliary institutions in a positive light. However, perceptions of the time that cases took to come to trial and the standard of post-trial interaction between the Court and the families was not positive. A need for more effective victim-care at both social and psychological levels was identified. Future psycho-legal research possibilities in this largely neglected field are highlighted.     

Court evaluations of young children's testimony in child sexual abuse cases

Purpose

Prosecutors working with child sexual abuse (CSA) cases involving young children have raised concerns that reliability criteria from the Supreme Court of Sweden are holding children's testimony to impossible standards (e.g., expecting the child's testimony to be long, rich in detail and spontaneous). This study aimed to address these concerns by investigating how District Courts and Courts of Appeal employ said criteria in their testimonial assessments of young child complainants.

Methods

Court documents from District Courts (n = 100) and Courts of Appeal (n = 45) in CSA cases involving 100 children age 7 years and under were analysed with respect to the courts’ testimonial assessments.

Results

Testimonial assessments were more frequently referenced in acquitting verdicts and in cases with evidence of low corroborative value. Richness in detail was the most frequently used reliability criterion, followed by spontaneity. Most criteria were used in favour of the children's testimony. However, the length criterion was typically used against the reliability of the children's testimony.

Conclusions

Our findings confirm prosecutors’ concerns that criteria from the Supreme Court are frequently used in evaluations of young children's testimony. This is troublesome, as some criteria do not correspond to current research on young children's witness abilities. For example, compared to testimony given by older children or adults, testimony provided by a young child is typically not long or rich in detail. We encourage prosecutors to extend their own knowledge on young children's capability as witnesses and present this to the court.     

Jeremy Bentham and Equity: The Court of Chancery,Lord Eldon,and the Dispatch Court Plan

In 1929 Sir William Holdsworth argued that Jeremy Bentham wrote ‘the best criticism’ of Lord Mansfield’s attempts to ‘fuse’ law and equity that has ever been made. As the present article will show, Bentham was in fact in favour of a form of ‘fusion’ that consisted of the abolition of the procedural distinction between law and equity, the incorporation of the subject-matters ordinarily handled by equity courts into his Civil Code, and the inclusion of formal mechanisms to provide relief and to amend the law in his ideal constitution. In the immediate term, Bentham devised a series of ‘equity dispatch courts’ that would employ a summary method of procedure in order to clear the large backlog of Lord Eldon’s court of chancery. While he claimed that this project would be experimental and temporary, he often portrayed it as an avenue through which to instigate radical reform, and to eliminate entirely the need for separate systems of law and equity. However, it will be concluded that, with the exception of Henry Bickersteth, Bentham’s writings on equity gained little influence in the decades preceding the Supreme Court of Judicature Acts (1873–75), and achieved only a small circulation.     

Achieving Timely Permanency in Child Protection Courts: The Importance of Frontloading the Court Process

Timely permanency for foster children has been an unrealized goal in our nation's juvenile courts. The goal of timely permanency is a legal mandate, it serves the needs of families, it is consistent with evolving case management standards, it is required by the Canons of Judicial Ethics, and it serves the best interests of children. Judges must take a leadership role within their courts to reduce delays in child protection courts. Through a series of changes including legislation, court rules, case management techniques, and judicial control, timely permanency for foster children can be achieved.     

Juvenile Court Context and Detention Decisions: Reconsidering the Role of Race,Ethnicity, and Community Characteristics in Juvenile Court Processes

The relationship between race/ethnicity, community dynamics, and juvenile court processes has long been established. Prior research has relied on city‐ or county‐level measures of community characteristics (e.g., racial composition, poverty) to examine how racial groups are processed within juvenile courts. To date, no study has utilized finer scale measures of geographic areas to examine how characteristics of juveniles’ communities impact court decisions. By utilizing official juvenile court data from a city in the southwest, this study draws upon attribution theory to examine how economic and crime community‐level measures directly and indirectly influence detention outcomes. Findings reveal that the effect of race and ethnicity in detention outcomes varies across communities, and the effect of ethnicity in detention decisions is mediated by economic community‐level measures. The theoretical and policy implications of the study findings are discussed.