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A Separation-of-Powers Model of U.S. Chief Justice Opinion Assignment 美国首席大法官意见分配的三权分立模式
IF 0.7 4区 社会学
Justice System Journal Pub Date : 2020-01-02 DOI: 10.1080/0098261X.2019.1707137
Siyu Li
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引用次数: 1
How Police Policies and Practices Impact Successful Crime Investigation: Factors That Enable Police Departments to “Clear” Crimes 警察的政策和做法如何影响成功的犯罪调查:使警察部门“清除”犯罪的因素
IF 0.7 4区 社会学
Justice System Journal Pub Date : 2020-01-02 DOI: 10.1080/0098261X.2020.1719246
Yung Hyeock Lee
{"title":"How Police Policies and Practices Impact Successful Crime Investigation: Factors That Enable Police Departments to “Clear” Crimes","authors":"Yung Hyeock Lee","doi":"10.1080/0098261X.2020.1719246","DOIUrl":"https://doi.org/10.1080/0098261X.2020.1719246","url":null,"abstract":"Abstract A nationwide survey of U.S. law enforcement agencies was conducted by Horvath et al. (2001) with an aim of describing comprehensive information about police practices and policies regarding the criminal investigation process. Using the survey results, this study explores whether and how police organizations vary in their ability to clear crimes by examining organizational policies and practices that can predict cleared crimes against persons and property. The study’s results reveal, contrary to the conclusions of the RAND Corporation’s landmark 1977 report on police criminal investigations, that certain organizational characteristics of “crime control” efforts, including the police department’s perceived importance of clearance rates, cold case units, detachment from the public, case screening methods, Automated Fingerprint Identification System ownership, the use of “team policing”, and members of task forces were effective, but that those with a more “due process” orientation such as education requirements for investigators and their supervisors, prosecutor consultation, and problems with prosecutors’ advice tended to inhibit the clearing of cases. Implications for the effectiveness of police organizational policies related to the criminal investigation process are discussed.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72963437","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
Letter from the Editor: Volume 40, Issue 4 编辑来信:第40卷，第4期
IF 0.7 4区 社会学
Justice System Journal Pub Date : 2019-10-02 DOI: 10.1080/0098261x.2019.1692462
Amy Steigerwalt
{"title":"Letter from the Editor: Volume 40, Issue 4","authors":"Amy Steigerwalt","doi":"10.1080/0098261x.2019.1692462","DOIUrl":"https://doi.org/10.1080/0098261x.2019.1692462","url":null,"abstract":"","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2019-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84630117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Strategic Sensationalism: Why Justices Use Emotional Appeals in Supreme Court Opinions 策略性哗众取宠:为什么法官在最高法院意见中使用情感上诉
IF 0.7 4区 社会学
Justice System Journal Pub Date : 2019-10-02 DOI: 10.1080/0098261X.2019.1672597
Christopher N. Krewson
{"title":"Strategic Sensationalism: Why Justices Use Emotional Appeals in Supreme Court Opinions","authors":"Christopher N. Krewson","doi":"10.1080/0098261X.2019.1672597","DOIUrl":"https://doi.org/10.1080/0098261X.2019.1672597","url":null,"abstract":"Abstract Why do justices use emotional appeals in their opinions? I explain this strategic decision using a theory based on conflict and audience. In non-salient cases, justices primarily speak to legal audiences. As cases become more salient, justices also cater to increasingly relevant non-legal audiences. This is especially true for dissenters, who seek to expand conflict and mobilize opposition through the use of emotional appeals when they find themselves in the losing coalition. My results confirm these expectations. They suggest that justices are engaged in a policy battle that does not end upon publication of Supreme Court opinions. Each coalition continues to fight for their position through the content of opinions they write, by playing to the strengths and biases of relevant audiences.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2019-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75871144","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
The Effectiveness of the ABA’s Efforts to Increase Defendant Notice of Collateral Consequences: A Survey of South Carolina Defense Attorneys 美国律师协会提高被告注意附带后果的有效性:对南卡罗来纳州辩护律师的调查
IF 0.7 4区 社会学
Justice System Journal Pub Date : 2019-09-14 DOI: 10.1080/0098261X.2019.1654949
Peter Leasure, John D. Burrow, Hunter M. Boehme, Gary Zhang
{"title":"The Effectiveness of the ABA’s Efforts to Increase Defendant Notice of Collateral Consequences: A Survey of South Carolina Defense Attorneys","authors":"Peter Leasure, John D. Burrow, Hunter M. Boehme, Gary Zhang","doi":"10.1080/0098261X.2019.1654949","DOIUrl":"https://doi.org/10.1080/0098261X.2019.1654949","url":null,"abstract":"Abstract Recognizing the negative impacts of collateral consequences of conviction, the American Bar Association published advisory standards and other online compendium resources aimed at increasing defendant notice of such consequences before pleading guilty. However, no study has explored defense attorney awareness of these efforts or their perceived effectiveness. The current study fills this gap with a survey of South Carolina criminal defense lawyers. Results indicate that the majority of respondents felt that non-binding standards were ineffective, and most were unaware of an ABA standard aimed at increasing notice of collateral consequences. Further, a significant number of respondents were unaware of electronic sources that provided comprehensive lists of collateral consequences. These results indicate that non-binding standards may not be effective at changing attorney practices with regard to providing notice of collateral consequences. Jurisdictions may need to consider implementing binding standards and additional training meant to educate defense attorneys about the availability of electronic legal source material that provides comprehensive lists of collateral consequences.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2019-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79926786","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Succession, Opportunism, and Rebellion on State Supreme Courts: Decisions to Run for Chief Justice 州最高法院的继承、机会主义和反叛:竞选首席大法官的决定
IF 0.7 4区 社会学
Justice System Journal Pub Date : 2019-09-03 DOI: 10.1080/0098261X.2019.1654948
Richard L. Vining, Teena Wilhelm, E. Wanless
{"title":"Succession, Opportunism, and Rebellion on State Supreme Courts: Decisions to Run for Chief Justice","authors":"Richard L. Vining, Teena Wilhelm, E. Wanless","doi":"10.1080/0098261X.2019.1654948","DOIUrl":"https://doi.org/10.1080/0098261X.2019.1654948","url":null,"abstract":"Abstract We examine decisions to seek promotion on state courts of last resort, focusing on the conditions when an associate justice will run for the position of chief justice. We analyze data including all chief justice elections from 1990 to 2014 in the states that elect this position. We construct a taxonomy of associate justices who seek the chief justice position, then use regression analysis and postestimation techniques to better understand these choices. Our findings indicate that judicial actors who seek electoral promotion are strategic and motivated by ideological preferences rather than institutional features or raw ambition.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2019-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90731452","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Court Curbing in the State House: Why State Legislators Attack Their Courts 州议会中的法院限制:为什么州议员攻击他们的法院
IF 0.7 4区 社会学
Justice System Journal Pub Date : 2019-08-20 DOI: 10.1080/0098261X.2019.1650678
Keith Blackley
{"title":"Court Curbing in the State House: Why State Legislators Attack Their Courts","authors":"Keith Blackley","doi":"10.1080/0098261X.2019.1650678","DOIUrl":"https://doi.org/10.1080/0098261X.2019.1650678","url":null,"abstract":"Abstract Legislative proposals that attack or curb state supreme courts are often introduced in state legislatures. However, the causes of state court curbing legislation have not been systematically analyzed. This article seeks to expand on existing knowledge of court curbing by examining what causes some U.S. state legislators to introduce court curbing bills. I develop a theoretical argument that court curbing is driven by court–legislator ideological distance and legislator electoral security. I demonstrate that legislators who are ideologically distant from their state supreme court and electorally secure introduce the most court curbing legislation.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2019-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77269465","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
The Diffusion of Collaborative Justice: The Politics of Learning in the Development of Drug Courts 协同司法的扩散:毒品法院发展中的学习政治
IF 0.7 4区 社会学
Justice System Journal Pub Date : 2019-07-03 DOI: 10.1080/0098261X.2019.1643269
Maxwell Mak, J. Rutledge
{"title":"The Diffusion of Collaborative Justice: The Politics of Learning in the Development of Drug Courts","authors":"Maxwell Mak, J. Rutledge","doi":"10.1080/0098261X.2019.1643269","DOIUrl":"https://doi.org/10.1080/0098261X.2019.1643269","url":null,"abstract":"Abstract We investigate the creation of county-level drug courts in California, Florida, and New York and seek to answer the following questions: (1) what conditions are necessary for the adoption of institutional innovations by the judiciary; and (2) what conditions will encourage or deter the spread of these innovations? We find that preconditions against these alternative approaches can be overcome through the diffusion mechanism of learning and demonstrate that policy diffusion is most important when viewed as having a conditional relationship with institutional and political context. When viewed as a dynamic relationship, we also find that diffusion mechanisms do not operate only in a positive direction and, instead, can work to mitigate or amplify government opposition to changes in judicial approaches.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88441502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Power Dynamics in Supreme Court Oral Arguments: The Relationship between Gender and Justice-to-Justice Interruptions 最高法院口头辩论中的权力动力学:性别与正义对正义干扰之间的关系
IF 0.7 4区 社会学
Justice System Journal Pub Date : 2019-07-03 DOI: 10.1080/0098261X.2019.1637309
Adam D. Feldman, Rebecca D. Gill
{"title":"Power Dynamics in Supreme Court Oral Arguments: The Relationship between Gender and Justice-to-Justice Interruptions","authors":"Adam D. Feldman, Rebecca D. Gill","doi":"10.1080/0098261X.2019.1637309","DOIUrl":"https://doi.org/10.1080/0098261X.2019.1637309","url":null,"abstract":"Abstract We examine how gendered norms of professional speech affect the ability of female Supreme Court justices to exercise power in oral argument. In this unique dialogue setting, the justices vie for chances to speak. We argue that gender is an embedded characteristic of oral arguments, and implicit assumptions about gender roles lead to disparities in the balance of authority on the Court. Our results show that women are interrupted more than men, which compromises their ability to achieve their goals during oral arguments. This inequity is compounded by the fact that interruptions of female justices by male justices are associated with lower word counts for the interrupted female justices in ways that interruptions by other women are not. The results corroborate conversational and power dynamics previously explored by sociolinguists, but also extend those findings to accommodate the characteristics of more formal, high-stakes discussions involved in the creation of public policy.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85350912","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 7
From a Performance Measure to a Performance Evaluation Tool: Conceptual Development of the Equity and Inclusion Assessment Tool (EIAT) 从绩效衡量到绩效评估工具:公平与包容评估工具(EIAT)的概念发展
IF 0.7 4区 社会学
Justice System Journal Pub Date : 2019-07-03 DOI: 10.1080/0098261X.2019.1656421
Fred L. Cheesman, Kathryn J. Genthon, Douglas B. Marlowe
{"title":"From a Performance Measure to a Performance Evaluation Tool: Conceptual Development of the Equity and Inclusion Assessment Tool (EIAT)","authors":"Fred L. Cheesman, Kathryn J. Genthon, Douglas B. Marlowe","doi":"10.1080/0098261X.2019.1656421","DOIUrl":"https://doi.org/10.1080/0098261X.2019.1656421","url":null,"abstract":"Abstract Drug courts provide what is often a final opportunity for justice-involved persons suffering from substance use disorders to avoid the criminogenic effects of incarceration and the severe health threats associated with substance use, including death. All persons must be provided the same opportunity to participate and succeed in these courts, regardless of their race, ethnicity, assigned gender at birth, age, gender identity and sexual orientation. Research evidence indicates that disparities in drug court processing based on demographic characteristics of participants may be widespread, contrary to most concepts of fairness, particularly those espoused by the National Association of Drug Court Professionals (NADCP). The Equity and Inclusion Assessment Tool (EIAT) described in this article is designed to assist drug courts to determine whether equivalent access to drug court and equivalent retention in drug court exist among all ethnic, racial, and gender groups. This article describes how the EIAT emerged from earlier work by NCSC with a number of states to develop a performance measure that assessed Access and Fairness in drug courts by comparing the demographic characteristics of drug court referrals to drug court admissions, and admissions to exits.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2019-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82686351","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
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