Juvenile Shackling Reform: The Judicial Role in Ensuring Trauma‐Informed Courts and Why States Are Rethinking Restraints

In juvenile courts around the country, youth are routinely shackled, without any evidence that these young people are a danger to anyone or likely to attempt flight. A number of states are moving away from this practice. Shackling reform initiatives are motivated by constitutional issues, emerging science around adolescent development, and a growing recognition of the need for trauma‐informed, evidence‐based courts. Judges are ultimately responsible for safeguarding the rights of the young people who appear in court, and must uphold the dignity of the courtroom. A review of jurisdictions that have adopted limits on juvenile shackling shows that these policies have not resulted in breaches of safety.     

案外人异议之诉研究

2007年修改的民事诉讼法通过赋予案外人以提起诉讼的方式对执行行为可能侵犯其实体权益的情形予以救济,确立了案外人异议之诉的独立性,恢复了案外人异议的实体性本质。为了实现案外人异议之诉的价值,有必要在当事人、诉讼请求、管辖法院等诉讼构造以及当事人诉权的限制上实行与一般民事诉讼不相一致的独特制度。