Judges’ views on evidence of genetic contributions to mental disorders in court

This preliminary analysis assesses how judges view the use of behavioral genetics evidence on genetic influences to mental disorders in court. Twenty-one semi-structured interviews, analyzed using constant comparative analysis, were conducted with California trial court judges. Most judges reported the beneficial effects of this evidence being presented in court, particularly as a mitigating factor for sentencing. Yet some judges viewed it as an aggravating factor and expressed concerns about genetic privacy. Judges described initial reactions to being potentially presented with evidence on genetic influences to mental disorders as apprehension, curiosity, and sympathy. Judges also reported putting significant trust in experts on these issues. Findings suggest some judges are skeptical of this evidence, but largely open to its presentation. Sympathetic reactions may result in mitigating attitudes of some judges. As judges significantly trust experts, some judges could also be overly trusting of genetic evidence and expert opinion on these issues.     

Some determinants of internal judicial independence: A comparative study of the courts in Chile,Peru and Ecuador

This article explores the primary determinants of internal judicial independence in three Latin American countries. Considering the relative absence of research focused on this dimension of judicial life, this article is innovative in demonstrating how it is affected by two variables: the quality of judges' training and respect for their judicial careers as criteria for promotions or transfers. While these variables explain why some countries enjoy greater internal judicial independence than others, this article also shows – contrary to popular wisdom – that judicial activism does not have a strong influence on internal judicial independence. Conducting a comparison of the courts in Chile, Peru, and Ecuador using surveys and semi-structured interviews, this study also shows that judges' autonomy from politicians does not necessarily follow the same path as the lower-court judges' independence from their hierarchical superiors.     

专家证言、新科学理论与法官角色——以美国法中的Daubert标准为中心

在专家证言的可采性判断标准上,Daubert标准替代＂普遍接受＂标准成为发展方向。Daubert标准在赋予法官很大的自由裁量的同时,也赋予其艰巨的＂守门人＂角色。Daubert标准将决定权中心从专业界移至法官。Daubert标准对多种因素的弹性考量给新科学证据的可采性提供了机遇和可能,但是一切要取决于法官的自由裁量和＂守门人＂职责的履行。     

International Hague Network of Judges: Significance in Implementation of the 1980 and 1996 Hague Conventions on the Civil Aspects of International Child Abduction

The 1980 Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) provides for the prompt return to the country of habitual residence of children taken by a parent from one country to another. It was created to address the threshold problem in such cases, that is, which court should determine the rights of the parties involved. In a case under the Convention, the court's concern is which country is the country of habitual residence and practical aspects of the return to ensure the safety of the child and the taking parent. This article will discuss the formation of the International Hague Network of Judges (IHNJ), why it is crucial in the advancement of the Convention's goals, and, specifically, what it does to educate judges and facilitate communication between judges, and how the IHNJ can facilitate the return, including providing information on services, procedures, and protections offered in the countries of return.     

The Role,Benefits, and Concerns of Digital Technology in the Family Justice System

Digitalization is increasing across family justice systems around the world. What are the benefits? What will be the impact on professional practice and legal representation? What are the concerns for those who may be digitally disadvantaged? How much can justice itself become digital?     

审判委员会制度改革的思考及建议

我国审判委员会制度的"存"、"废"、"改"之争在法学界一直激烈地进行着.司法实践中,审判委员会制度所固有的一些弊端日益显现.最高人民法院"二五改革纲要"明确了要对审判委员会制度进行全面的改革,使争论统一到对审判委员会的改革和完善上来.针对这些弊端,应尽快修改人民法院组织法,通过完善三大诉讼舷法中的相关制度,力求给予这项传统的司法制度以新的科学含义.     

论经验型法官之重构

经验型法官对司法具有重要的价值和意义。基于传统的纠纷类型案件的需求而产生的经验型法官不适应现代民事诉讼发展的需要,而现在所提倡的专业型法官也并不是完全适应社会需求的。因此,需要对经验型法官进行重构,以适应社会发展和诉讼体制变革的需要。     

天眼与天平:中西司法者的图像和标志解读

中国与西方为其理想的司法者所造的形象各有不同。中国作为理想司法者标志的是铁面三眼的包公,而西方作为理想司法者标志的则是蒙眼持秤的女神。本文首先分析了司法的目的(追寻个案判决的妥当、同类案件判决的协和以及终极的社会理想),其次讨论了中西文化特质对于追寻此目的的方法所生的歧异(比较详细地阐述了中国为了追寻此目的,在理论、制度和实践方面的演变过程),然后谈到司法工作本质上的限制和司法者的功能,指出中西两种图像所表达的期望都有问题,应该加以修正。     

Hearing the Voice of the Child: Current Practice in Family Courts in Germany

German family courts have a long‐standing tradition of hearing the child's voice when proceedings affect the child. This article aims to provide an overview of the German procedural rules. The current role and practice of child hearings in family courts and the direct effects on the child are discussed in detail. The perceived benefits, challenges, and pitfalls are deliberated from the viewpoint of the psychological expert. Hearing the voice of the child in person is increasingly viewed as beneficial to the proceedings if the judges and other professionals involved possess the necessary qualifications and competence.     

The Views of Psychologists,Lawyers, and Judges on Key Components and the Quality of Child Custody Evaluations in Australia

This study aimed to understand the expectations of and the agreement between professional groups regarding the quality of single‐expert reports written by psychologists (known as child custody evaluations in the United States). 13 psychologists, 18 family lawyers, 26 children's lawyers, and 8 judges (N = 65) in New South Wales, Australia, rated the overall quality of reports and the quality of various components of them. Interprofessional congruence on importance ratings allowed key components to be derived. The results revealed that the overall quality of reports was rated positively, however, significant discrepancies were found between importance and quality ratings on the various components, indicating that reports fall short of expectations in many areas.