IsTeen Court effective for repeat offenders? A test of the restorative justice approach

Teen Courts are an effective judicial alternative for many youth offenders. The majority of youth courts deal solely with first-time offenders. However, repeat offenders are at a greater risk for future crime. Is Teen Court effective with more experienced offenders? In this study, the authors examine the outcomes of 26 Whatcom County Teen Court offenders with at least one prior conviction. The sentence completion rate was higher and the recidivism was lower for the Teen Court offenders when compared with a sample of first-time Court Diversion offenders. This objective evidence of program success is augmented by an offender's perspective on his or her court experience. These perspectives as well as the continued voluntary involvement with Teen Court are discussed in relation to empowerment theory.     

An Evaluation of a Delaware Teen Court

The Kent County Teen Court Program (teen court) provides sanctions for juvenile delinquency from a panel of a juvenile's peers rather than from a Family Court Judge. Part of the concept behind teen peer courts is that the sanction from one's peers carries more weight than sanctions from adults. The Delaware Criminal Justice Council (CJC) awarded a grant to Delaware ‐ Teen Courts, Inc. to support the operation of the Kent County Teen Court Program. The teen court program was designed to provide participants with hands‐on education in the judicial process, to create a sanction pro‐ gram that will not create a permanent record for a juvenile, and to foster, a sense of community responsibility in the program participants. The teen court program is an adult model teen court in which all of the judicial actors are juveniles with the exception of the judge. This article reflects the results of an evaluation on the Kent County Teen Court program's first two years of operation (Garrison, 2001).     

An Evaluation of Teen Court as a Juvenile Crime Diversion Program

Theories of procedural justice support the American legal system's search for a fair and effective means of diverting offenders from the juvenile court system. Teen Court programs, in which juvenile offenders are tried and sentenced by a jury of peers, are one of the latest developments in attempts to positively influence offenders and direct them free of crime. The present research found that participation in Teen Court increased offenders' legal knowledge and enhanced their attitudes toward some authority figures (i.e., the judge) and themselves to a greater extent than non‐offending juveniles. In addition, only 12.6 percent of juvenile offenders re‐offended within five months of their initial Teen Court involvement. Improved attitudes toward authority and self were associated with a lower incidence of recidivism. Overall, these results contribute to the growing literature indicating that Teen Court can be an effective juvenile crime diversion program. This article also discusses methodological issues for future program evaluations.     

Are Teen Courts An Answer to Our Juvenile Delinquency Problems?

Teen courts are being implemented across the country at a speed that surpasses the celerity with which research of program effectiveness can be performed. This study attempts to evaluate the effectiveness of the Dona Ana County, New Mexico, Teen Court by looking at the rate of recidivism for, program participants as well as possible influential factors upon the rate of recidivism. The subjects were 478 randomly selected participants who were traced though the Juvenile Probation and Parole Office to detect any referrals following teen court participation. The study found a recidivism rate of 25% between 1994 and 1998, which was affected by several factors, including gender, age, prior offenses, and program completion. The study was not a comprehensive evaluation, but it did reinforce the need for further research in the area.     

The impact of two Los Angeles County Teen Courts on youth recidivism: comparing two informal probation programs

Objective

This study sought to examine the impact of two Teen Courts operating in Los Angeles County, a juvenile justice system diversion program in which youths are judged by their peers and given restorative sentences to complete during a period of supervision.

Methods

A quasi-experimental design was used to compare youths who participated in Teen Courts (n = 112) to youths who participated in another diversion program administered by the Probation Department (the 654 Contract program) (n = 194). Administrative data were abstracted from the probation records for all youths who participated in these programs between January 1, 2012 and June 20, 2014. Logistic and survival models were used to examine differences in recidivism, measured as whether the minor had any subsequent arrest or arrests for which the charge was filed.

Results

Comparison group participants had higher rates of recidivism than Teen Court participants, after controlling for age, gender, race/ethnicity, and risk level. While the magnitude of the program effects were fairly consistent across model specifications (odd ratios comparing Teen Court [referent] to school-based 654 Contract ranging from 1.95 to 3.07, hazard ratios ranging from 1.62 to 2.27), differences were not statistically significant in all scenarios.

Conclusions

While this study provides modest support for the positive impact of Teen Court, additional research is needed in order to better understand how juvenile diversion programs can improve youth outcomes.

     

Gender differences in effects of teen courts on delinquency: A theory-guided evaluation

Teen Court (TC) is an innovative juvenile diversion program that has spread rapidly across the United States in recent years. Despite its popularity, rigorous research on TC effectiveness is lacking. This study used data from a recent randomized trial of the effectiveness of TCs to examine gender differences and mediators anticipated by labeling theory. The study found gender differences in the effect of TC on delinquency. TC was found to increase delinquency for males and to have no effect for females. Implications related to the findings are discussed.     

EARLY NEUTRAL EVALUATIONS: APPLICATIONS TO CUSTODY AND PARENTING TIME CASES PROGRAM DEVELOPMENT AND IMPLEMENTATION IN HENNEPIN COUNTY,MINNESOTA

A program to apply Early Neutral Evaluation (ENE), a confidential, settlement‐oriented and accelerated alternative dispute resolution technique, to child custody and parenting time cases has been cooperatively developed by Hennepin county Family Court Services and the Minnesota Fourth Judicial District Family Court. Parties are referred by the court to a male/female team of experienced neutral evaluators for early feedback on the probable outcome of a full evaluation and an opportunity to negotiate a settlement. It has proven to be a highly successful program in its first 2 years, with the majority of cases reaching an early settlement. The ENE program reduces the stress and expense of custody disputes for clients, expedites judicial case management, maximizes Family Court Services staff efficiency, and focuses subsequent evaluations on critical issues.     

A Detailed Cost Evaluation of a Juvenile Drug Court that Follows the Juvenile Drug Court Model (16 Strategies)

Although juvenile drug courts (JDCs) have now been in operation for 17 years, there is still no definitive appraisal as to this model's cost effectiveness and in particular, no detailed cost analysis of a JDC program following the 16 strategies until this one. The cost data presented in this paper build on the process and outcome evaluations performed on the Clackamas County Juvenile Drug Court (CCJDC). The criminal justice costs incurred by participants in drug court are compared with the costs incurred by eligible non‐participants. CCJDC participants had far more positive outcomes than those who did not participate in the program. In the two years after drug court entry, CCJDC participants cost the taxpayers $961 less per participant than similar individuals who did not attend the drug court program.     

South Africa: highest court orders government to provide antiretrovirals to prevent mother-to-child transmission

On 5 July 2002, South African treatment activists won a significant victory when the Constitutional Court ordered the South African government to make the antiretroviral drug nevirapine available in public hospitals and clinics for the purposes of preventing mother-to-child transmission of HIV. The Court also ruled the government has a constitutional obligation to implement a program to realize the right of pregnant women and their newborn children to access health services to prevent transmission.     

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.     

建立和完善案例指导制度的几个问题

第一个问题,我觉得在谈案例指导制度的时候,应当弄清楚什么是案例制度,也就是案例制度的概念,我个人理解。最高人民法院“二五”改革纲要里面讲的案例是经最高人民法院认可,并且在最高人民法院公报上发布的、对审理同类案件具有参照借鉴作用的、已经发生法律效力的判决。     

Mental health, gender, and drug court completion

Drug-involved offenders report high rates of mental health problems that can negatively impact criminal justice outcomes. Yet, relatively little attention has been given to the mental health issues of drug court offenders. Therefore, this study examined 449 participants in a Delaware drug court and investigated relationships between mental health, gender, and program completion. Bivariate results indicated that gender was related to both mental health status and completion status. Multivariate findings revealed that two indicators of mental health, depression and being prescribed drugs for a psychological or emotional problem, were significant predictors of drug court completion. Policy implications include assessing the mental health status of all drug court participants at program entry so that services can be provided which aim to improve offender health and increase the likelihood of successful program outcomes. Drug courts must better meet the needs of participants with co-occurring disorders if they are to remain an effective and viable criminal justice intervention. This research was supported by grant RO1 DA12424 “Drug Court Offenders in Outpatient Treatment,” by the National Institute on Drug Abuse.     

Fatal intravenous fentanyl abuse: four cases involving extraction of fentanyl from transdermal patches

The transdermal fentanyl system delivers a specific dose at a constant rate. Even after the prescribed application time has elapsed, enough fentanyl remains within a patch to provide a potentially lethal dose. Death due to the intravenous injection of fentanyl extracted from transdermal patches has not been previously reported. We present 4 cases in which the source of fentanyl was transdermal patches and was injected. In all of these cases, the victim was a white male who died at home. Case 1 was a 35-year-old with no known history of drug use, who was found by his wife on the floor of his workshop. Police recovered a fentanyl patch, needle, and syringe at the scene. Case 2 was a 38-year-old with a known history of drug use whose family claimed that he was in a treatment program that used fentanyl patches for unknown reasons. His brother found him dead in bed, and law enforcement officers found a hypodermic needle beside the body; a ligature around his left hand, and apparent needle marks between his first and second digits were also noted. Case 3 was a 42-year-old with a recent attempted suicide via overdose who was found dead at his home. An empty box of fentanyl patches, Valium, Ritalin, and 2 syringes were found at the scene. Case 4 was a 39-year-old found by his mother, who admitted to removing a needle with attached syringe from the decedent's arm. Medications at the scene included hydrocodone, alprazolam, zolpidem, and fentanyl patches. All reported deaths were attributed to fentanyl intoxication, with blood concentrations ranging from 5 to 27 microg/L.     

Abortion on demand in a post-Wade context: must the state pay the bills?

The legal issues involved with the application of the United States Supreme Court decisions in Roe v. Wade and Doe v. Bolton (1973) are reveiwed, particularly the question of whether an indigent pregnant woman now has the right to abortion on demand at public expense. The 2 decisions, based on the Fourteenth Amendment, established that a woman, in consultation with her physician, must be free to choose to terminate her pregnancy, at least in the first trimester. State laws are permitted only to regulate abortion procedures in the second trimester and may only regulate or proscribe abortion itself after the fetus becomes viable. The Court did not rule that indigents had a corollary right to the implementation of abortion, and thus free abortions do not appear to be constitutionally required. However, depending on the type of Medicaid coverage in which the individual state is participating, the medically indigent may receive Medicaid benefits for abortions, at least in the first trimester. Since Medicaid is voluntary for the state, it could drop out of the program entirely or the Congress could specifically exclude abortions from Medicaid coverage. Both actions appear unlikely, however, and abortions for medical reasons clearly seem to fall under Medicaid's purpose. Consequently, despite the Wade and Bolton decisions, the right to abortion is limited by the ability of indigents to pay for it. In the light of the serious complications of illegal abortion, it is concluded that legislators should insure the availability of legal abortions. Such a move would not in itself encourage abortions but would properly extend the right to abortion to all citizens.     

“进步”抑或“倒退”:美国民事起诉标准的最新实践及启示——以Twombly案和Iqbal案为中心

起诉标准是原告进入法院的钥匙,民事诉讼程序启动的门槛。半个多世纪以来,美国通知起诉标准深入人心,原告起诉不需主张具体事实。2007年,联邦最高法院在Twombly案中首次提出合理起诉标准,要求原告起诉应提出具体事实,实现对诉讼主张的论证从可能性到合理性的转变;2009年,Iqbal案将其适用于所有民事案件。合理起诉标准在美国的出现,虽具民事司法改革的必然性和制度价值选择的合理性,但也存在当事人难以接近司法和规避联邦法院管辖等困境,应通过设定合理的标准将其适用范围限定在复杂民事案件中。该标准对我国民事起诉条件的科学设定以及原告起诉事实的具体化等问题也具有启示意义。     

Treating Substance‐Abusing Parents: A Study of the Pima County Family Drug Court Approach

A geographical comparison‐group design was used to examine the effectiveness of the Pima County (Arizona) Court Assisted Treatment Services (CATS) program and its drug court intervention. The study compared the summary statistics for the volunteers to the family drug court (n=33) with a treatment‐refusal group (n=42) and a treatment‐as‐usual group (n=45) from a matched geographical area. The findings of this study indicate that the family drug court group had higher engagement and completion rates of residential treatment than was true of the other comparison groups. In addition, the volunteers to the family drug court group had fewer parental rights severed, a higher percentage of permanency decisions reached within one year, earlier permanency decisions, and a higher percentage of children placed with their parents. The implications of this study's findings for future evaluations of the components of a family drug court intervention are discussed.     

Some reflections on the duality of regime for software protection in the European Union

Although the framework for protection of computer programs has been established in the European Union more than two decades ago, it has not undergone any major changes. Opinions of Advocate General Yves Bot have convinced the Court to advance the concept of the plurality of copyright regimes applicable to software: source code, object code and documentation would be protected under the Software Directive, whereas interfaces, programming languages, data formats and software manuals are dealt with as literary works under the InfoSoc Directive. In SAS Institute v WPL, the Court also ruled that copyright in a computer program cannot be infringed where the lawful acquirer of the license neither decompiled the object code nor copied the source code of the computer program, but merely studied, observed and tested that program in order to reproduce its functionality in a second program. This ruling paves the way and acknowledges the reverse engineering efforts on the Old Continent.     

部分请求之本土路径

典型意义上的部分请求业已在本土出现。所谓重复应诉之累和重复审理之累并不真实或并不严重,部分请求甚至对被告有利。从诉讼标的论难以演绎出确定性结论。本土部分请求的诱因多是被告无足够的偿还能力,准许合理的部分请求是维护正义之需,一次性解决纠纷原则应该退后。原告在提出部分请求时应疏明正当理由,败诉即不可再诉。法院的审理重心应前置,以确保后续诉讼的快速处理。准许部分请求还将面临级别管辖、抵销等方面的问题。