Rush-hour traffic: self-presentation of defendants in speedy traffic court cases

Much work examines self-presentation styles; however, little work explores how people present themselves in traffic court. Utilizing observatory research, we aim to better understand differences in physical presentation and demeanor in traffic court. Further, judges that work in traffic court were interviewed to see how they understood the importance of presentation of self. Data indicate that most of those who appear in traffic court aim to present themselves professionally and behave with respect while in court. This appears to be a wise decision because judges tended to think that presentation of self was an important variable in their courtroom and how they evaluated cases. Still, differences in presentation of self appeared in the courtroom especially with regard to dress – extremely casual to orange jumpsuits. Finally, we argue that while modern defendants aim to present professionally the overall ‘professional’ presentation of self, even in the courtroom, is casual dress.     

Democratic theory,the courts and the press

Powerful social forces block the transition from authoritarianism to democracy. Economic, political and social stability has not yet been achieved. The corporatist political and social structures have not been transformed to allow the vast majority to enjoy the basic necessities that ensure a life of dignity. Institutional structures of government, such as an independent judiciary, must be developed and stabilized. The rule of law and the guarantees of due process have to be consolidated and become an accepted, basic requirement of social interaction. Creating a specific kind of deliberative democracy based on the epistemic value of democratic decision making and discussion is the only way forward. This justificatory theory is more likely to allow for equal participation and rational discourse among all segments of the population. Objective information on important societal issues is a necessary prerequisite for such participation. This requires an independent press that adequately performs its democratic functions. Moreover, an independent judiciary has an indispensable role to play in this process, particularly in protecting the free flow of information to the people so that they can make informed choices on issues crucial to a democracy.     

Converging on Empathy: Perspectives on Baltimore City's Specialized Prostitution Diversion Program

This article explores perceptions of 17 women currently or formerly engaged in prostitution regarding Baltimore City's Specialized Prostitution Diversion program. Findings indicate that most perceive the program positively because they are in desperate need of services and because they hope it augurs the readiness of the criminal justice system to understand what leads them to engage in prostitution. Their desire to be treated like “human beings” in need of assistance, which undergirds requests for concrete services, reveals gendered understandings of responsibility and dependence that are compatible with problem-solving models of justice. It is therefore likely to resonate with criminal justice stakeholders.     

信用证欺诈法律救济的理论发展过程及其评述

信用证欺诈的频频发生,引起了人们关于对信用证欺诈的法律救济措施和法律救济理论的关注。本文重点论述了信用证欺诈法律救济理论及其发展的三个阶段,即:“禁止法院干预学说”阶段、“限制法院干预说”阶段和“法院依法救济说”阶段。本文还结合具体的案例对三个阶段的理论进行了具体和深入的分析。     

Judicial Career Incentives and Court Performance: An Empirical Study of the German Labour Courts of Appeal

This paper examines how the organization of a civil-law judiciary—the German labour court system—shapes court performance. It is argued that civil-law judiciaries can be considered as internal labour markets in which the main incentive derives from career opportunities. Resulting hypotheses are tested on data for nine German Labour Courts of Appeal (Landesarbeitsgerichte) over the period 1980–1998. Two performance measures are computed: the confirmation rate and a productivity measure. The confirmation rate captures how often decisions are upheld in an appeal at the Federal Labour Court. Court productivity is measured by a score derived via data envelopment analysis (DEA) and includes as outputs the number of finished cases and the number of published decisions. Regression analyses show: Courts employing more judges with a Ph.D. are more productive, but write decisions that are less often confirmed by the Federal Labour Court. Courts employing judges with higher ex ante promotion probabilities are less productive and write decisions that are less often confirmed.JEL Classification: J45, K31, M12     

出庭公诉的举证范围、原则及方式

刑事证据立法应为公诉方规定一个明确的举证范围 ,使不具备证据能力和证明力的证据被排除在庭审之外。同时 ,公诉方应围绕自己的控诉主张设置举证原则和举证方式 ,以顺利实现公诉的目的。     

法制现代化进程中的审判组织重构

审判组织改革是中国法制现代化进程的重要组成部分。探求其重构的实现模式 ,需要以体现审判组织的社会属性和社会功能为基本理念 ,对法院设置、审级制度、法院内部审判组织的结构 ,以及法院作为审判组织的整体运作机制等进行综合性的研究。在保持现有的四级法院构架的基础上 ,通过对各级法院职责的重新定位、调整审级制度、设立巡回法庭制度、理顺法院内部各职能部门间的关系等一系列措施来促进审判组织重构的多重价值目标的实现。     

Constrained, pragmatic pro-democratic appraising constitutional review courts in post-Soviet politics

This paper conceptualizes the behavior of higher courts in the politics of former Soviet republics and attempts to set up a framework for the study of democratic contributions by post-Soviet constitutional courts. Although political expediency is noted to be the central driving force behind the judges’ decisions in politically sensitive cases, as courts are subject to different constraints from quasi-autocratic executives, it is argued that constitutional review tribunals are generally pro-democratic in their political orientation and that they can become the allies of pro-democratic parties in transitional periods of elite change. To support this proposition, this paper proceeds from a series of theoretical arguments to empirical observation of judicial behavior in times of political uncertainty, the latter being a perfect test for probing the political orientation of the courts.     

Judicial Responses to Counter-Terrorism Law after September 11

The role of the courts is quite important, especially in the protection of individual rights and liberties. Many counter-terrorism policies implemented at the national level often infringe on these rights, and courts are the best line of defense against these violations of liberty. However, courts do not always rule in favor of liberty, sometimes ruling in favor of a strict government policy. This analysis seeks to explain the conditions that may lead courts to rule in favor of, or against, the government, arguing that political fragmentation is a potentially key factor in determining when particular case outcomes occur.     

Regulating Assisted Reproduction in Canada,Switzerland, and the USA: Comparing the Judicialization of Policy-Making

This article analyses the extent to which courts shape policies for assisted reproduction. While the USA is considered to be the most litigious country, Canada has observed a growing involvement of the courts from the 1980s onward, and Switzerland is characterized by a modest degree of judicialization. Based on national patterns, we would expect litigation and court impact to vary across these three countries. As the empirical analysis reveals, policy-process-specific variables such as the novelty of regulation, self-regulation by key stakeholders, and the policies in place better explain the variation in the judicialization of policy-making.