庭审改革后法庭布局重构之设想

关于如何实现庭审改革后所要达到的诉讼理念 ,我国公检法三家都从改变诉讼观念、提高业务素质去思考 ,而这是不全面的 ,还应从构置合理的法庭布局的角度去理解。构置合理的法庭布局与改变诉讼观念、提高素质是两个同等重要的概念 ,对法庭布局作合理的重构 ,应能起到积极的作用。在此基础上 ,提出重构设想。     

Behind the Mask of Method: Political Orientation and Constitutional Interpretive Preferences

Debate about how to best interpret the Constitution often revolves around interpretive methodologies (e.g., originalism or expansive interpretation). This article examines whether individuals’ political orientation influences the methodologies they prefer to use to interpret the Constitution. We study this proposed relationship using a survey of federal law clerks and an experimental study with college students. The survey results indicate that, compared to conservatives, liberal clerks prefer the current meaning or the most plausible appealing meaning of the constitutional text, while conservatives prefer the original meaning of the text. Liberal clerks also prefer to interpret the Constitution much more expansively. The second study manipulates the policy implications of expansive interpretation and finds this manipulation differentially affects liberals’ and conservatives’ expansiveness preferences.

PACT: A Collaborative Team Model for Treating High Conflict Families in Family Court

This article describes a court‐community model program for high conflict divorced families that is designed to reduce the level of inter‐parental conflict including: a) child exposure to inter‐parental conflict; and b) the frequency of re‐litigation over residential arrangements and parenting plans. The six‐session (16‐hour) program combines conflict resolution and group/community support. The program provides a “Personal Support Team” and “Personal Plan of Action” to help each parent control emotions and maintain agreement. The results of research conducted to explore the effect of the program on level of triangulation and inter‐parental conflict, as well as the frequency of re‐litigation over parenting plans, residential arrangements, and parenting time are reported.     

Rural Policy Assumptions and Policy Failure: The Case of the Re-establishment Grant

For 30 years successive Commonwealth governments have offered grants to encourage marginal farmers to quit farming. The grants have increased in generosity over time but there has only ever been a limited uptake of the program. This paper considers the assumptions policy-makers have made about farmers' behaviour in formulating these programs and compares these with sociological evidence about farmers' incentive structures. This case study provides an example of how the failure to take account of a sufficiently broad range of values when formulating policy can undermine policy objectives from the outset.     

PARENTING COORDINATION AND COURT RELITIGATION: A CASE STUDY

This case study explores the degree to which the number of court motions changed 1 year after parenting coordination was implemented with high-conflict co-parenting couples and examines the parents' demographic profile. Findings indicate a reduction of approximately 75% in child-related court filings, as well as a 40% decrease in other motions, resulting in a decrease of 50% in all motions filed, thus saving these once high-conflict couples, and the court, significant time and resources. The diverse demographic profile illuminates training and research implications regarding the use of parenting coordination as an intervention for high-conflict co-parenting couples.     

An evaluation of the Enhanced Thinking Skills (ETS) programme with mentally disordered offenders in a high security hospital

Purpose. Further to evidence of the successful application of cognitive skills programmes with offenders in HM prison service, the Enhanced Thinking Skills (ETS) training course is now delivered in various secure forensic hospitals, and its usefulness with an offender patient population merits examination. Our aim was to evaluate the impact of ETS using measures designed to capture change in key areas targeted by the course, and a more global measure of mental well‐being. Methods. Offender patients (N = 83) referred for ETS between 2001 and 2006 via a wider groupwork service within a high security hospital were administered questionnaires before and after the training course, which was minimally adjusted to meet the needs of the patient population. Attendance rates, including ‘drop‐out’ (completion of 10 or less sessions) were recorded. Demographics by subgroup (completers vs. non‐completers), and the clinical significance of any changes endorsed by participants post‐group were examined. Results. ETS completers were significantly more likely than non‐completers to endorse changes in thinking style (e.g. a reduction in post‐course scores). Significant differences were observed at both the group and individual level in the direction of less externalization of blame, a slight increase in tolerance of frustration, an increase in social conformity, and improvement in critical reasoning skills. Furthermore there was a reduction in the endorsement of aggressive solutions to social problems. Conclusions. These findings demonstrate a significant short‐term impact of the course for mentally disordered offenders with regards change in aspects of their thinking style and enhancement of their social problem solving skills. This profile lends some support to the provision of ETS within secure hospital settings.