THE SELF‐REPRESENTED LITIGANT: IMPLICATIONS FOR THE BENCH AND BAR

It is widely accepted that the number of self‐represented litigants has skyrocketed nationwide, especially in family law cases. Although nationwide comprehensive data on the number of self‐represented litigants do not exist, anecdotal evidence supports the belief that self‐representation is increasing. The challenge for courts and the entire legal profession is how to respond. Most observers in Indiana would agree that the traditional model of family law litigation—both spouses represented by lawyers settling their disputes before a judge—is no longer the norm in family law cases. Judges face a dilemma: assisting a self‐represented litigant to level the playing field against a represented party is seen by many as violating impartiality, even if the assistance is rendered to create a just result. In an effort to address the situation, the Indiana Supreme Court created the Pro Se Advisory Committee in April 2001. This article explores the long‐range implications of the issue of self‐represented litigants on Indiana's court system in hope that it will provide some insight for other jurisdictions. The first part of the article addresses the numbers of self‐represented litigants by tracking growth or declines in self‐represented cases and assessing whether there are any pockets of self‐represented litigants geographically or in certain case types. The second part of the article puts Indiana into context with the rest of the nation and reviews national trends. The third section reviews Indiana's response to self‐represented litigants over the last decade. The fourth section reviews current and ongoing projects in Indiana. The article concludes that the issue of self‐represented litigants will not fade away and that the challenge that guides the legal profession is how we provide equal access to justice for all who enter our courthouses.     

European national news

This article tracks developments at the national level in key European countries in the area of IT and communications and provides a concise alerting service of important national developments. It is co-ordinated by Herbert Smith Freehills LLP and contributed to by firms across Europe. This column provides a concise alerting service of important national developments in key European countries. Part of its purpose is to complement the Journal's feature articles and briefing notes by keeping readers abreast of what is currently happening “on the ground” at a national level in implementing EU level legislation and international conventions and treaties. Where an item of European National News is of particular significance, CLSR may also cover it in more detail in the current or a subsequent edition.     

Evidence on voter preferences from unrestricted choice referendums

From 1939 to 1968 Florida used a unique referendum system to set property tax rates for public school operating expenditures at the median millage rate selected by voters. These referendums revealed the entire distribution of voter preferences, which is not possible in the standard up or down referendum. We are the first to use the Florida referendum data. The form of the ballot played an important role in how people voted. Voting machine elections were much more likely than paper ballots to result in rejections of the recommendations of school boards, and produced much greater dispersion of expressed preferences.     

Running the Xiamen Marathon

In early January,I arrived in Xiamen alone,determined to run my first marathon.After pounding countless km on the Beijing streets and sidewalks bordering Tsinghua University,where I’m enrolled as a Master’s student in journalism,I knew I was ready.Originally,my plan was to run the Beijing Marathon in October.     

SCAN is largely driven by 12 criteria: results from sexual abuse statements

Scientific Content Analysis (SCAN) is increasingly used by investigative authorities to evaluate the credibility of statements made by witnesses and suspects. SCAN, however, lacks a well-defined list of criteria, and does not involve a standardised scoring system. In the current study, we investigated which SCAN criteria are represented in actual statements. To this end, we analysed 82 sexual abuse cases of the Dutch police in which SCAN had been applied. Two independent coders scored the presence of various SCAN criteria in the: (1) written statements from victims, suspects, and witnesses; and also looked at the (2) recommendations for follow-up investigations that were derived from SCAN. Results showed that SCAN is primarily driven by 12 criteria. Results also indicated a low inter-rater agreement for most SCAN criteria, suggesting SCAN is insufficiently developed as a forensic tool. Still, the 12 criteria can be used as a starting point for future research on their psychometric properties.     

The impact of interpersonal style on aggression and treatment non-completion in patients with personality disorder admitted to a medium secure psychiatric unit

Abstract

The aim of this study was to examine the impact of interpersonal style and psychopathy on treatment non-completion and aggressive behaviour. Participants were patients with personality disorder admitted for treatment to a structured group program operating within a medium secure psychiatric hospital. Assessment of personality disorder and psychopathy occurred prior to admission. Interpersonal style was assessed on admission with the Impact Message Inventory (IMI), a self-report transactional inventory. Files were subsequently reviewed to determine whether patients were aggressive during their hospital stay and whether they were prematurely expelled from the unit and therefore did not complete treatment. Results showed that patients who completed treatment were more nurturing and help-seeking. Aggressive patients were more competitive and dominant. Psychopathy did not differentiate treatment completers from non-completers or aggressive from non-aggressive patients. Clinical implications and opportunities for further research are explored.     

The Global Trade in Live Cetaceans: Implications for Conservation

Cetaceans—small whales, dolphins and porpoises—have long been popular performers in oceanaria. Captive cetaceans have also been used for research and employed in military operations. In some jurisdictions cetacean display facilities have been phased out or prohibited, and in the US and Hong Kong a high proportion of the whales and dolphins now in captivity have been captive-bred. A large, growing and increasingly opportunistic trade in dolphins and small toothed whales nevertheless exists, its centres of supply having shifted away from North America, Japan, and Iceland to the Russian Federation and developing nations in Latin America, the Caribbean, West Africa, and Southeast Asia. Demand for live captures is being driven by: a new wave of traditional-type oceanaria and dolphin display facilities, as well as travelling shows, in the Middle East, Asia, Latin America, and the Caribbean; increasingly popular programs that offer physical contact with cetaceans, including the opportunity to feed, pet, and swim with them; and the proliferation of facilities that offer ‘dolphin assisted therapy’ to treat human illness or disability. Rigorous assessment of source populations is often lacking, and in some instances live capture is adding to the pressure on stocks already at risk from hunting, fishery bycatch, habitat degradation, and other factors. All too often, entrepreneurs appear to be taking advantage of lax (or non-existent) regulations in small island states or less developed or politically unstable countries to supply the growing global demand for dolphins and small whales. The regulation of trade in live cetaceans under CITES is fraught with problems, not least the poor quality of reporting and the lack of a rigorous mechanism for preparation, review, and evaluation of non-detriment findings.