Enhancing Justice


Book Description

This book helps explain how many who pride themselves on being fair can be part of a system which is widely seen as unfair by those who have historically been victims of bias and prejudice. The central focus of the book is on the different approaches that courts can use to lessen the impact of implicit bias by "breaking the bias habit."




Enhancing the Rule of Law through the International Court of Justice


Book Description

What is the current role of the International Court of Justice in contributing to the rule of law in the international community, and which future developments might enable it to have an even greater impact? These questions are explored in Enhancing the Rule of Law through the International Court of Justice, edited by Judge Giorgio Gaja and Jenny Grote Stoutenburg, Associate Legal Officer at the Court. Resulting from a conference celebrating the centenary of the Peace Palace in The Hague, the volume brings together contributions from Judges of the Court, eminent scholars and "new voices". With contributions by: Ronny Abraham, Mohamed Bennouna, Antônio A. Cançado Trindade, Giorgio Gaja, Christopher Greenwood, Mariko Kawano, Marcelo Kohen, Chehrazad Krari-Lahya, Rosa Möhrlein, Hugh Thirlway, and Andreas Zimmermann




Educating Judges: Towards Improving Justice


Book Description

What the experts said about ‘Educating Judges’: • ‘A comprehensive review of judicial education ... an extremely valuable work.’ - Sir Anthony Mason, Chief Justice of Australia • ‘Truly a seminal work which sets the best practice for the field.‘ - Dr Charles Ericksen, Vice-President, NCSC, USA • ‘A most masterly survey of the field.’ - Professor Martin Partington, Judicial Studies Board, England • ‘Thorough, well argued and comprehensive; offers substantial insight at many points.’ - Professor John K. Hudzik, Director, JERITT, USA • ‘A substantial piece of work ... and a significant contribution.’ - Professor Peter Sallmann, Executive Director, AIJA, Australia • ‘Sophisticated and mature treatment of a vital area of public education.’ - Emeritus Professor J. E. Thomas, University of Nottingham, England • ‘Invaluable ... contains a wealth of material and references’ - Judge John Goldring, Dean of Law, University of Wollongong, Australia About this Second Edition: 2015 Brill|Nijhoff is delighted to republish Educating Judges, the seminal monograph in the field of judicial education. First published in 1996, this book enables judicial educators to develop a more effective pedagogy by focusing on the distinctive learning needs, styles and preferences of judges, and deepening understanding of judges as learners. Much has happened since then. Over the past twenty years, judicial education has grown very substantially around the world in both size and sophistication. It is now well established in many countries and is seen as an essential component of modern concepts of justice. In addition to providing new entrants an opportunity to read this classic text, this second edition enables readers to gauge what has happened – or not – in the world of judicial education over the past two decades. This new edition reports on the findings of the first ever survey conducted of leading judicial educators around the world. In doing so, it examines the state of judicial education across a range of issues, including: • significant recent developments, • major institutional issues and challenges, • trends in professionalizing the practice, • evolving goals, curricula, methodologies and approaches, • building knowledge through research, evaluation and networks, • impact and applications of information technology; • use of judicial training in official development assistance; and • how globalisation is affecting the education of judges.




Coordinating the Criminal Justice System


Book Description

This guide was developed to assist students, professors, executives of local criminal justice systems, and appointed and elected officials of general government to have a better understanding on how the criminal justice system should function. It may also be of special interest to citizens and public officials who sense that more collaboration and coordination is needed to enhance criminal justice decision making which, in turn, will have a positive impact on local criminal justice systems. Leslie J. Smith advocates that the performance of the criminal justice system should be measured in terms of achieving the goals and objectives of each component collectively. Although the legislative, judicial, and executive branches of the U.S. government are constitutionally independent and not required to engage in any coordinated planning activities, these requirements should not lead to poor performance. It is essential to promote positive government through increased collaboration by identifying philosophical principles that will promote the participation of citizens, law enforcement, judiciary, prosecution, corrections, victims, treatment providers, and educators in the development of strategies to prevent, reduce and control crime. There are approximately twenty states throughout the United States that have fostered criminal justice collaborations of this type. The key to accomplishing this objective is effective leadership. This approach is growing in popularity and this book will assist in the further development of this strategy. This guide provides a step-by-step strategy that simplifies the aforementioned issues. It will be especially advantageous for newly appointed criminal coordinators, planners, and others that are charged with creating a hands-on approach to coordinating their local criminal justice processes. Above all, as criminal justice presses forward to the future, the guide will assist in "bridging the gap" between traditional and contemporary approaches to criminal justice plann




Judging Statutes


Book Description

In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.




Pedagogical Partnerships


Book Description

Pedagogical Partnerships and its accompanying resources provide step-by-step guidance to support the conceptualization, development, launch, and sustainability of pedagogical partnership programs in the classroom and curriculum. This definitive guide is written for faculty, students, and academic developers who are looking to use pedagogical partnerships to increase engaged learning, create more equitable and inclusive educational experiences, and reframe the traditionally hierarchical structure of teacher-student relationships. Filled with practical advice, Pedagogical Partnerships provides extensive materials so that readers don't have to reinvent the wheel, but rather can adapt time-tested and research-informed strategies and techniques to their own unique contexts and goals.







Out-of-Control Criminal Justice


Book Description

This book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.




Strengthening the National Institute of Justice


Book Description

The National Institute of Justice (NIJ) is the nation's primary resource for advancing scientific research, development, and evaluation on crime and crime control and the administration of justice in the United States. Headed by a presidentially appointed director, it is one of the major units in the Office of Justice Programs (OJP) of the U.S. Department of Justice. Under its authorizing legislation, NIJ awards grants and contracts to a variety of public and private organizations and individuals. At the request of NIJ, Strengthening the National Institute of Justice assesses the operations and quality of the full range of its programs. These include social science research, science and technology research and development, capacity building, and technology assistance. The book concludes that a federal research institute such as NIJ is vital to the nation's continuing efforts to control crime and administer justice. No other federal, state, local, or private organization can do what NIJ was created to do. Forty years ago, Congress envisioned a science agency dedicated to building knowledge to support crime prevention and control by developing a wide range of techniques for dealing with individual offenders, identifying injustices and biases in the administration of justice, and supporting more basic and operational research on crime and the criminal justice system and the involvement of the community in crime control efforts. As the embodiment of that vision, NIJ has accomplished a great deal. It has succeeded in developing a body of knowledge on such important topics as hot spots policing, violence against women, the role of firearms and drugs in crime, drug courts, and forensic DNA analysis. It has helped build the crime and justice research infrastructure. It has also widely disseminated the results of its research programs to help guide practice and policy. But its efforts have been severely hampered by a lack of independence, authority, and discretionary resources to carry out its mission.




Reforming Juvenile Justice


Book Description

Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.