Procedural justice and the judge–probationer relationship in a co-occurring disorders court

Although a considerable amount of research has been conducted on treatment-based courts, there is little quantitative evidence that describes the relationship between the judge and the probationer. The present study examines perceptions of the judge–probationer relationship (JPR), procedural justice, and outcome satisfaction within a co-occurring disorders court (CODC) in Orange County, California. Based on interview and survey data from a sample of probationers within the CODC (n = 24), this article argues that perceptions of procedural justice are linked to perceptions of relationship quality between the judge and probationer. Analysis of the data found that probationers in the CODC have very positive views of their relationships with the judge, and elements of relationship quality are significantly linked with perceptions of procedural justice. Procedural justice is also a predictor of satisfaction with outcome in this sample. The results show promise that procedural justice and the quality of the judge–probationer relationship can positively affect probationers with co-occurring disorders in specialty courts.     

The importance of ethics in the law curriculum: essential or incidental?

Recently, the debate as to whether ethics should be a compulsory requirement of a law degree was refuelled when the English and Welsh Legal Education Training Review (LETR) recommended that professional ethics should be primarily addressed in vocational Legal Services and Education Training programmes and that learning outcomes in the academic curriculum should include reference to morality and the law, the values supporting the legal system and their connection to the role of lawyers. This debate is also occurring in other jurisdictions. In Australia the debate is focused on the proposal that ethics be removed as a compulsory subject in the law degree. This proposal has raised a concern that law students will be denied the opportunity to develop as ethically competent lawyers. This paper argues for the continuation of ethics as a core component of a law degree and evidences the model used for the teaching of ethics in the law degree at the University of Technology Sydney in support of our argument. The background to the model is examined to highlight the significance of student feedback and ongoing curriculum review, including the alignment of parallel pedagogical factors. This model serves as an example of not only why ethics should be core to a law degree but, in order to provide graduates who are ethical and reflective practitioners, why ethics should be pervasively taught throughout the degree and supported by an introductory and capstone presence.     

Banking sector reforms in Nigeria: legal implications for the banker–customer relationship

In 2005, the Central Bank of Nigeria introduced a programme of reforms which created a new minimum paid‐up capital for all banks, from two billion Naira to 25 billion Naira; with a compliance deadline of 31 December 2005. This reduced the number of banks operating in Nigeria from 89 to what is now the 25 mega banks. However, the process equally threw up a major legal issue in terms of the impact on the bank‐customer relationship. This article analyses the new reforms, their implications for the banker–customer relationship and concludes with proposals towards better achieving the objectives of the reforms.     

The Case of the “Offering of Life” in the Causes for Canonization of Catholic Saints: The Threshold of Self-Sacrifice

International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique - Catholic legal and doctrinal tradition defined two main cases for the canonization of saints:...     

The importance of dark adaptation for forensic examinations; an evaluation of the Crime-lite Eye™

Forensic practitioners are recommended to dark adapt their eyes prior to conducting evidential searches in the dark. The dark adaptation process remains poorly standardised across the discipline, with little quantified regarding the benefits of such preparative steps. Herein, we report the findings of a study that recruited 50 participants to assess the effectiveness of the Crime-lite Eye?, a darkness adaptation device developed to assist forensic practitioners both in the laboratory and in field. Participants were tasked with searching for the fluorescent signatures left by reaction of 1,8-diazafluoren-9-one (DFO) with amino acids, in a manner akin to the fluorogenic fingerprint treatment of porous evidence. Using an Epson Stylus Photo R265 inkjet printer, ink cartridges were filled with alanine solutions of various concentrations, allowing different motifs to be printed onto copy paper and subsequently developed using DFO. Participants searched for this ‘evidence’ both with and without dark adapted vision. On average, participants were able to locate and correctly recognise 16% more evidence once dark adapted using the Crime-lite Eye?.The increase in evidence located by participants once dark adapted suggests that crime scene officers should be dark adapting in order to visualise as much as possible. The time taken to dark adapt, 10?min on average during this study, is not excessively long, and should not significantly slow the investigation.     

The role of information asymmetry in the market for university–industry research collaboration

This study concerns the market for research collaboration between industry and universities. It presents an analysis of the population of all Italian university–industry collaborations that resulted in at least one international scientific publication between 2001 and 2003. Using spatial and bibliometric analysis relating to scientific output of university researchers, the study shows the importance of geographic proximity in companies’ choices of university partner. The analysis also reveals inefficiency in the market: in a large proportion of cases private companies could have chosen more qualified research partners in universities located closer to the place of business.     

The impact of judge–defendant communication on mental health court outcomes

Previous research has shown that mental health courts have been successful in reducing the rates of recidivism among mentally ill offenders. However, none of these studies, to date, have examined exactly what aspects of the courts reduce these rates of recidivism and what makes them successful. The current study utilized a sample of 291 mentally ill criminal offenders participating in a mental health court to examine whether those participants who were addressed by and communicated with the judge had a reduction in recidivism rates and the severity of new charges in comparison to those who did not. The hypotheses regarding greater judge–defendant communication and recidivism were not supported. This suggests that communication in and of itself is not sufficient to reduce recidivism. Future research of a qualitative nature is essential to identify if the frequency, tone, and valence of the communication results in improved outcomes. In addition, these results may indicate a necessity for more stringent training and guidelines for the maintenance of Mental Health Courts. Results of the current study suggested differences between genders, such that females were spoken to by the judge more frequently than were men.     

How to improve china’s witness protection system: an evaluation on protection of witness in the amendment to the criminal procedure law of china

If the personal and property security of witnesses themselves and their family members could not be protected effectively, witnesses may be reluctant to testify, to present in court, or to give truthful testimony. However, the witness protection system provided by China’s legislation is porous, and the implementation of the current witness protection system in practice is not satisfactory, which causes the serious consequence that a witness is unwilling to testify or does not dare to be present in court. An important measure should be adopted to improve the witness protection system in providing practical and comprehensive protection for witnesses in China. The provisions on the protection of witnesses in the drafted amendment to the Criminal Procedure Law of the People’s Republic of China is more advanced than the current law, but still too simple and not enough, which cannot change the weak situation of protection of witnesses, and are needed to be strengthened in judicial interpretations after the drafted amendment is passed. Perfection of China’s witness protection system is necessary in practice, which is still dependent on the reform of the judicial system and the working mechanism in China even if the drafted amendment was passed afterwards. China shall apply the provisions in the UN Convention against Transnational Organized Crime and the UN Convention against Corruption Convention as a guide and absorb other countries’ and regions’ experience to improve its witness protection system, but the basic point is that it should be based on China’s realities, and localize the specific systems.     

The association between the offender–victim relationship,severity of offence and attribution of blame in mentally disordered offenders

Abstract

The aim of this research was to investigate the association between the offender–victim relationship, severity of violence and attribution of blame for a violent act. Data were collected from 65 male psychiatric inpatients from two secure units. Participants were divided into three groups according to how well they knew their victim: victim well-known, victim acquaintance and victim stranger. Violent acts were further ranked according to offence severity. Participants were administered the Quick Test (QT) and the Gudjonsson Blame Attribution Inventory (GBAI). Although there was a trend towards higher guilt attributions when the victim was well-known to the perpetrator, this relationship was complicated by the severity of the violent act. The most severe ranking of offence (i.e. murder/manslaughter) was most common in the offender group who knew their victim well. Furthermore, guilt-feeling attributions were highest in the most severe ranking of offence. The implications of these findings for assessment and intervention programmes are considered.     

Constitutionality of ‘bride price’ in Nigeria: echoes from the supreme court of Uganda

The practice of bride price is a distinctive and established feature of African customary law marriage. In Nigeria, the practice has received statutory and judicial approval. However, the recent decision of the Supreme Court of Uganda on the practice of bride price in Uganda has disturbed the assumption of its constitutionality. This article envisages legal and ideological influence; consequently, it examines the validity of the decision against the background of Nigerian constitutional law. It agrees to a nuanced change in the practice but argues that the change must be authentic and not dictated by Western liberal typology.     

The relationship between parents and adult children in the economic culture of rural Netherlands, 1880–1910

This study examines the complexity of contradictory interests in the relationship between parents and adult children among agricultural wage laborers in rural Netherlands about 1900. One important potential issue of conflict was the marriage of children. In the case of wage laborers, Hajnal's independent livelihood theory is not really helpful in explaining regional differences in age at marriage. Marriage is viewed as a problem of balance and competition between the livelihood problems of parents and children. Two main issues of wage laborers are dealt with: the help adult children give to elderly parents and the control of the earnings of unmarried adolescent and adult children by their parents. Regional variations in children's help and parental control are measured and explained using four independent variables: extent of property ownership by wage laborers, extent of their production for the market (and need for unpaid family labor), wage level, and percentage who belonged to traditional religions in the village. Statistical analysis suggests that the property of agricultural wage laborers was most important in explaining variation in parent–child relationships. Wage level and religion also showed considerable explaining power, particularly for wages earned by unmarried children.     

‘Criminal families’ and the court: co-offending in Amsterdam, 1897–1902

This article focuses on a specific aspect of the history of crime: co-offending (offending with one or more accomplices) in a family setting at the end of the nineteenth century. The aims of this article are to analyze how genders interacted in a criminal setting and to show a possible bias in the court's decision to prosecute ‘criminal families’, either in relation to the people involved or to the environment in which the crime was committed. This article also questions the relevance of the concept of the civilizing mission in a court setting towards ‘criminal families’ and compares it with the reality of the court's work. The study is based on the archives of Amsterdam's Arrondissementsgerecht between 1897 and 1902. This court was in charge of trying criminal offences committed in Amsterdam and its surrounding area (a semi-urban environment within a 25-kilometre radius) according to the 1886 Dutch code of laws. Urban and semi-urban co-offending criminal rates in Amsterdam and its surrounding area are compared, as well as gender patterns and class origins in relation to the crimes committed, in order to highlight a possible prejudice towards working-class offenders. The analysis reveals a high rate of co-offending in female criminality and more gender interactions in the urban environment. However, the results also show that, despite a general anxiety towards working-class families and rising crime rates, magistrates were not more inclined to prosecute them. The family situation was taken into account before trials, and semi-urban families were not treated more leniently than urban families.     

The role of justice in the North–South conflict in climate change: the case of negotiations on the Adaptation Fund

Justice, by and large, implies greater legitimacy and can persuade parties with conflicting interests to cooperate more closely on collective actions. Therefore, the aim of this article is to investigate the role that ethical arguments have played in restoring mutual trust between the developed and the developing countries in negotiations on the Kyoto Protocol Adaptation Fund and in transforming the patent failure of the Subsidiary Body for Implementation Bonn May 2006 meetings on its management into the encouraging success of the Nairobi December 2006 round. These meetings are analysed from the perspectives of procedural and distributive justice in order to interpret the negotiating dynamics and their outcomes. More specifically, procedural and distributive justice are, respectively, sought in the Bonn and Nairobi formal meetings through reference to, and the emergence of, principles and criteria of participation, recognition and distribution of power among Parties, and of Parties’ responsibility for, and vulnerability to, climate impacts.     

Does a therapeutic court context matter?: The likelihood of imprisonment for Indigenous and non-Indigenous offenders sentenced in problem-solving courts

A key aspect of the focal concerns perspective of sentencing is that time and information restrictions within the courtroom create the conditions under which perceptual shorthands may impact sentencing determinations. These shorthands are based stereotypes related to offender characteristics including minority group statuses (i.e. ethnicity, race, Indigenous status) (Steffensmeier et al., 1998). To date, sentencing scholars drawing on the focal concerns perspective have only considered the impact of minority group statuses on sentencing in the mainstream courts (Mitchell, 2005; Spohn, 2000). Utilizing multiple regression techniques the current paper explores the impact of Indigenous status on the decision to imprison in the problem solving courts of South Australia. Unlike the mainstream courts, sentencing determinations within the therapeutic problem-solving court environment involve a more extensive examination of offenders and their cases and by extension, perceptual shorthands should be less influential. Evidence supporting this argument is provided by the current research. Results show a direct relationship between Indigenous status and the likelihood of imprisonment, with leniency being extended to Indigenous offenders.     

Framing and perceptions of stalking: the influence of conduct severity and the perpetrator–target relationship

Research has demonstrated that the way in which questions are presented (i.e. framed) has the capacity to influence responses to subsequent questions. In the context of stalking, perception research has often been framed in terms of whether or not particular behaviours constitute stalking. The current research investigates whether the framing of the opening question (question frame), conduct severity and the perpetrator–target relationship influence perceptions of stalking. Two studies employed experimental 3×3 independent factorial designs: one to examine question frame and conduct severity, the other to examine question frame and the perpetrator–target relationship. Participants in both studies (total N=449) were presented with vignettes and asked to answer six questions relating to the behaviour described. Question frame was found to impact on the classification of behaviour, with a greater proportion of participants indicating that the behaviour represented harassment or stalking rather than an illegal act. Consistent with previous research, conduct severity and the perpetrator–target relationship influenced perceptions of stalking. However, there was no evidence to suggest that the framing of the opening question influenced these perceptions. The implications of these findings for previous perception research are discussed.     

The Impact of the Registered Intermediary on Adults’ Perceptions of Child Witnesses: Evidence from a Mock Cross Examination

Registered intermediaries are communication specialists appointed to facilitate the communication of vulnerable witnesses participating in the criminal justice system in England and Wales. Intermediaries assess the vulnerable individual’s communication and provide recommendations to practitioners for how to obtain the individual’s ‘best evidence’ during police interviews and in court. The scheme was implemented nationally in 2008, but has not been subject to rigorous research. The aim of the current article is to provide an account on adults’ perceptions of the vulnerable individual when an intermediary assists their communication in court. In the present study 100 participants viewed a mock cross examination of a child witness either with or without an intermediary present. Participants rated the child’s behaviour and communication, and the quality of the cross examination, across a number of different variables. The age of the child was also manipulated with participants viewing a cross examination of a four or a 13 year old child. The results showed the children’s behaviour and the quality of the cross-examination were more highly rated when the intermediary was involved during cross-examination. The older child’s cross-examination was rated as more developmentally appropriate, however no other age differences or interactions emerged. The findings have positive implications for jury perceptions of children’s testimony when they are assisted by an intermediary in court, regardless of the age of the child witness. The success of the intermediary scheme in England and Wales may encourage the implementation of intermediaries internationally.     

Regulating government (’s share): the fifty-percent rule of the federal constitutional court in Germany

Some numbers in the political sphere seem to be chosen rather arbitrarily. One example might be the rule set out by the Second Senate of the German Federal Constitutional Court in 1995 that the overall tax load on assets must be limited to 50% of the yield on those assets. This rule was understood by many as a general principle for taxation. The article first sketches the socio-political climate under which the rule originated: a rise of neo-liberal thought met with the inability of the political institutions to reform the German welfare state with its ever-growing expenses. The Constitutional Court’s intervention is interpreted as a reaction to this stagnation in politics. An analysis from the perspective of Constitutional Law, however, reveals that the 50% rule cannot be convincingly based on the German Basic Law, and instead must be seen as a political move of the Court. But this move did not follow an economic rationality, either; for an optimal government’s share can only be determined in relation to the economic performance of a country and not by fixing it generally at a maximum of 50% of GDP. The demise of the 50% rule already began four years later. In 2006, finally, the Senate moved away from the individual rights-based approach of 1995 to a more general assessment, taking also into account an increasingly globalized tax competition. The reason for this clear-cut change in the Court’s jurisprudence can be found in a change of the socio-political and institutional parameters, thus witnessing to the effect of the political climate on court decisions. The analysis also shows that the rule was created and abandoned only on the basis of an “introverted” legal discussion, economic arguments hardly playing any role in the process. The new line of the Senate, however, might guarantee for a better integration of economic science into tax policy by exchanging fixed limits for a “discursive” model, demanding from the tax legislator better reasons for higher taxes.