ADOLESCENT DRUG USERS: THE JUSTICE SYSTEM IS MISSING AN IMPORTANT OPPORTUNITY

A significant number of youth and young adults who use drugs have fallen through the cracks of our juvenile and adult justice systems in terms of receiving any meaningful services. The situation is due to a number of factors, including the reliance on adolescent self reporting utilized by most of the research, the failure of justice and other systems to routinely assess youth for either current drug use or indicia of drug use (e.g., "resiliency" or "protective" factors), and confidentiality and other restrictions pertaining to access to juvenile justice system information. Yet, retrospective reviews of drug use patterns for adults in the criminal justice system make it clear that drug use is beginning for most of these offenders during adolescence or before. This article urges (1) juvenile courts to develop mechanisms for systematically screening youth who come into the system for drug use and/or propensities for drug use and (2) adult courts to embark on similar strategies and to develop adolescent tracks that would be geared to providing the services these youth (despite their chronological age) need and would otherwise not receive in the adult system.     

FAMILY GROUP CONFERENCING AND CHILD PROTECTION MEDIATION: ESSENTIAL TOOLS FOR PRIORITIZING FAMILY ENGAGEMENT IN CHILD WELFARE CASES

Family group conferencing (FGC) and child protection mediation maximize family engagement in child welfare cases by prioritizing families' roles in discussions and decisions. This article examines how FGC helps professionals to focus on family and community strengths, encourages family engagement, and provides targeted case plans for families and timely, permanent placements for children. It explores how courts and agencies use these interventions to empower families to contribute to resolutions in ways that are not possible in traditional litigation processes. These complementary processes help children and families by providing forums where families are allowed to make informed choices and take an active role in creating plans for their future.     

WHAT WE KNOW NOW: FINDINGS FROM DEPENDENCY MEDIATION RESEARCH

After approximately 15 years of research on court-based dependency mediation programs, answers have emerged for many, but not all, of the questions that surround dependency mediation. This article explores what has been learned about court-based dependency mediation through research and what new and persisting questions remain. The article reviews empirical studies of child protection mediation. The topics considered include what we have learned about the organization and structure of mediation programs, what have we learned about settlement in mediation, and whether there are benefits to mediation beyond the mere fact that settlements are reached.     

不方便法院原则在中国的适用

不方便法院原则是英美法系国家采纳的一项拒绝管辖权的基本原则。我国引入不方便法院原则将有利于国际司法协助,有利于降低诉讼成本。在我国适用该原则应具备一定的条件,即我国法院对案件具有管辖权,案件的处理结果与我国利益关系不大,必须存在一个替代法院且由替代法院审理案件更为方便等。不方便法院原则适用程序的启动必须以被告人提出申请为前提,同时被告须承担举证责任,最后我国法院应采用裁定驳回原告的起诉。     

法官庭外调查权的合理性质疑

法官庭外调查权是职权主义诉讼模式的一个重要特征 ,我国修改后的刑事诉讼法对此进行了保留。但是 ,由于它混淆了侦查与审判的职能 ,违背了诉审分离的原则 ,破坏了法官的中立形象 ,损害了审判的公正 ,给诉讼理论和司法实践都造成了混乱 ,因此 ,建议取消法官的庭外调查权 ,相应地完善有关的配套措施。     

民事诉讼模式的转换和我国诉讼和解制度的构建

我国正在进行的民事司法改革涉及民事诉讼模式由职权主义向当事人主义的转换和新的诉讼运行机制的确立。目前我国调审合一、法官主导的法院调解制度具有浓厚的职权主义色彩 ,不能适应社会经济发展的需要也不利于民事诉讼目的的实现。为此 ,有必要建立与当事人主义模式相适应的诉讼和解制度。     

The Juvenile Justice Reform Act of 2018: Updating the Federal Approach to Youth Involved,and At‐Risk of Becoming Involved,in the Juvenile Justice System

On December 21, 2018, the Juvenile Justice Reform Act was signed into law, marking the first update in 16 years to the Juvenile Justice and Delinquency Prevention Act of 1974, as amended. The reforms reflect much of the knowledge that has been gained through research and science over the past decade and strengthen the Act’s core protections for youth in the juvenile justice system. The changes also expand the Office of Juvenile Justice and Delinquency Prevention’s role in research, and technical assistance, and provide for additional oversight for related programs.     

The Santa Clara County Greenbook Story: From Theory to Transformation

This article is an overview of the past 20 years, from a judicial perspective, of how a discreet selection of Greenbook recommendations were implemented in Santa Clara County, California. This historical overview shows that it is possible to take a guidebook written by national experts from many jurisdictions and tailor the intervention to a particular location with the assistance of local leadership. We applied a theoretical framework to government agency interventions and to the very real needs of families, and that process resulted in a profound transformation of practice.     

Mental illness in the eyes of the law: examining perceptions of stigma among judges and attorneys

In response to the increasing numbers of mentally ill persons placed under the care of correctional institutions, community-based diversion programs have been established to address the unique needs and challenges of this vulnerable population. Given that legal personnel may serve as gatekeepers in placement decisions, and the lack of existing research examining their attitudes toward offenders with mental illness, the present study aimed to evaluate perceptions of dangerousness and treatment need among a sample of judges, prosecutors, and public defenders across the state of Mississippi. While controlling for age, results of a factorial MANCOVA revealed that public defenders, relative to both judges and prosecutors, endorsed more compassionate attitudes about defendants with mental illnesses. Furthermore, political ideology did not significantly influence attitudes toward mentally ill offenders. While judges and prosecutors endorsed more negative stereotypes about mental illness and perceived mentally ill defendants as a greater risk to the community, mean scores across groups suggested moderately positive attitudes overall. Study limitations, implications for correctional mental health providers, and directions for future research are discussed.