Justice System Journal最新文献_第7页

Learning to Speak Up: Acclimation Effects and Supreme Court Oral Argument 学习大声说话:适应效应和最高法院口头辩论

IF 0.7 4区社会学

Justice System Journal Pub Date : 2021-02-09 DOI: 10.1080/0098261X.2021.1881668

Rachael Houston, Siyu Li, T. Johnson

引用次数: 0

As She Was Saying: The Role of Gender and Narratives in Oral Argument Amicus Success 正如她所说:性别和叙事在口头辩论中的作用

IF 0.7 4区社会学

Justice System Journal Pub Date : 2021-02-05 DOI: 10.1080/0098261X.2020.1869631

Shane A. Gleason, Diana K. Ivy

{"title":"As She Was Saying: The Role of Gender and Narratives in Oral Argument Amicus Success","authors":"Shane A. Gleason, Diana K. Ivy","doi":"10.1080/0098261X.2020.1869631","DOIUrl":"https://doi.org/10.1080/0098261X.2020.1869631","url":null,"abstract":"Abstract Attorney success at oral arguments is related to compliance with gender norms, subtle expectations about how men and women should speak and act in a host of contexts. While oral arguments are typically between two attorneys, amici curiae are present in a significant minority of cases. Amici, often representing the federal government, lend credibility to their endorsed attorney and complement the argument. Much like arguments for attorneys representing the petitioner and respondent, we contend amici oral argument success is tied to the performance of gender. However, while attorneys for the petitioner and respondent are more successful when adhering to gender norms, amici success is tied to mimicry of the gender norms associated with the endorsed attorney. Thus, a female attorney supporting a male attorney will be more successful if she utilizes male gender norms. Drawing on communication literature, we argue this is because endorsed attorneys and their amici collectively construct a narrative. By arguing first, the endorsed attorney sets gender norm expectations which the amicus then matches via mimicry. We find support for this argument via a quantitative textual analysis of oral amicus arguments from the 2004–2016 terms. While our results add a new wrinkle to our understanding of gender at oral arguments, they also raise normative concerns. Whereas previous work indicates women must balance gender and professional norms, our results suggest that it is not just women who are held to this double standard, but also the men who support them. This compounds concerns about how effectively women can participate as counsel at the Supreme Court.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-02-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84514180","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

Judges’ Race and the Voting Rights Act: Perceived Expertise in Three-Judge District Court Panels 法官种族与投票权法案:由三名法官组成的地区法院小组的感知专长

IF 0.7 4区社会学

Justice System Journal Pub Date : 2021-01-29 DOI: 10.1080/0098261X.2021.1881666

Maxwell Mak, Andrew H. Sidman, V. Palmeri, Nico Denise, Ruben Huertero

{"title":"Judges’ Race and the Voting Rights Act: Perceived Expertise in Three-Judge District Court Panels","authors":"Maxwell Mak, Andrew H. Sidman, V. Palmeri, Nico Denise, Ruben Huertero","doi":"10.1080/0098261X.2021.1881666","DOIUrl":"https://doi.org/10.1080/0098261X.2021.1881666","url":null,"abstract":"Abstract Work on the Courts of Appeals has found that judges adjust their behavior based on the judges with whom they serve. These “panel effects” are traditionally described in terms of preferences, with the effect of a judge’s ideology conditioned by the preferences of other judges on the panel. Additionally, prior work has observed panel effects based in demographic diversity. The theoretical argument offered by this work is that white, male judges learn from the personal experiences of their nonwhite and female colleagues, becoming more receptive to claims of discrimination. This learning is facilitated in the Courts of Appeals because of the repeated interactions of circuit court judges. What happens when collegiality based on repeated interactions is disrupted and deciding cases together happens only on a single case? This is the context of three-judge district court panels, which hear cases involving the Voting Rights Act. Decisions of these panels can be appealed directly to the Supreme Court, creating added pressure to make correct decisions, yet providing little opportunity for judges to learn from their colleagues. We find that race-based panel effects in this context are quite strong, but the mechanism through which they work is different than on circuit court panels. When serving with nonwhite judges, white judges appear to take their cue on how to vote from their nonwhite colleagues. Our results suggest that white judges in this context assume an expertise on the part of their nonwhite colleagues by virtue of their race. These findings potentially have important implications for the way we understand the effects of demographic diversity on judicial behavior.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2021-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90945076","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

Consensus Decision Making: A Comparative Analysis of Judging and Judicial Deliberations 共识决策:审判与司法审议的比较分析

IF 0.7 4区社会学

Justice System Journal Pub Date : 2020-12-17 DOI: 10.1080/0098261X.2020.1856738

Benjamin Bricker

引用次数: 0

Length of Trials in the Italian Judicial System: An Efficiency Analysis by Macro-Area 意大利司法制度的审判时长:一个宏观领域的效率分析

IF 0.7 4区社会学

Justice System Journal Pub Date : 2020-12-12 DOI: 10.1080/0098261X.2020.1852985

Elisa Fusco, Martina Laurenzi, B. Maggi

{"title":"Length of Trials in the Italian Judicial System: An Efficiency Analysis by Macro-Area","authors":"Elisa Fusco, Martina Laurenzi, B. Maggi","doi":"10.1080/0098261X.2020.1852985","DOIUrl":"https://doi.org/10.1080/0098261X.2020.1852985","url":null,"abstract":"Abstract In recent years, the Italian judicial system has been at the center of both the political debate and policy actions aiming at modifying the territorial structure and the organization of the courts as well as the procedural processes. The measures adopted concerned the reorganization of the magistrate’s career and the reform of judicial districts. Despite the several reforms, the Italian judicial system does not reach yet the European standards, principally for the so called magistrate-duration procedures binomial, according to which the number of magistrates is above the European average level and the time of legal trials is too long compared with most European countries. Hence, performance and efficiency are worthy of attention in this field. Here, the territorial displacement of efficiency for the Italian judicial districts is studied using a DEA approach followed by a spatial analysis consisting in a PCA for macro-area where the problem of long trials is taken into account. We assess on the geographical characterization of both productivity and expenses of the judicial sector and provide indications to improve efficiency according to the dimensions of the courts.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2020-12-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78776958","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

Adjudication Forums, Specialization, and Case Duration: Evidence from Brazilian Federal Courts 裁决论坛、专业化和案件持续时间:来自巴西联邦法院的证据

IF 0.7 4区社会学

Justice System Journal Pub Date : 2020-12-11 DOI: 10.1080/0098261X.2020.1854905

Caio Castelliano, Peter Grajzl, A. Alves, Eduardo Watanabe

{"title":"Adjudication Forums, Specialization, and Case Duration: Evidence from Brazilian Federal Courts","authors":"Caio Castelliano, Peter Grajzl, A. Alves, Eduardo Watanabe","doi":"10.1080/0098261X.2020.1854905","DOIUrl":"https://doi.org/10.1080/0098261X.2020.1854905","url":null,"abstract":"Abstract Exploring a large-scale case-level dataset from Brazilian federal courts, we offer empirical insight into the implications of the organizational structure and jurisdictional specialization of in-court adjudication forums for case duration, a measure of tribunal efficacy. Federal trial courts in Brazil are organized into offices, with each office further divided into a titled and a substitute judgeship. Random case assignment between judgeships within the offices and between same-jurisdiction offices within the courts facilitates the estimation of causal effects of different adjudicatory forums on case duration. Titled judgeships on average exhibit a modest efficacy advantage over substitute judgeships, although substitute judgeships are more efficacious than titled judgeships in some of the court offices. Case duration differences between same-jurisdiction offices can be considerable, an indication of inequities in recourse to justice. Estimates exploiting variation in court offices' jurisdictional specialization suggest that office specialization reduces case duration only if offices are either specialized with respect to procedure or fully specialized with respect to issue, or both. Partial specialization in issue does not exhibit an effect on case duration. Because specialization of in-court adjudication forums is a common organizational feature of many justice systems worldwide, our findings are relevant beyond Brazilian borders.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2020-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87399974","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

Implicit and Explicit Attitudes Toward Prosecutors and Defense Attorneys 对检察官和辩护律师的显性和隐性态度

IF 0.7 4区社会学

Justice System Journal Pub Date : 2020-12-09 DOI: 10.1080/0098261X.2020.1854904

T. Kidd

{"title":"Implicit and Explicit Attitudes Toward Prosecutors and Defense Attorneys","authors":"T. Kidd","doi":"10.1080/0098261X.2020.1854904","DOIUrl":"https://doi.org/10.1080/0098261X.2020.1854904","url":null,"abstract":"Abstract Research consistently finds that jurors bring preexisting attitudes and opinions, which can influence trial outcomes, into the courtroom. This research seeks to understand if juror decision-making is influenced by implicit and explicit perceptions of legal actor trustworthiness. Participants were recruited from Amazon’s Mechanical Turk online platform and were randomly assigned to read a summarized trial scenario and render a guilty or not guilty verdict. Two of the three trials differed according to presentation of “compromising” evidence by either the prosecution or the defense, with the third serving as a control condition. To establish if participants had trustworthy or untrustworthy implicit attitudes toward prosecutors or defense attorneys, participants completed an Implicit Association Test (IAT). Participants then reported their explicit attitudes toward prosecutors and defense attorneys, in addition to providing their demographic information and attitudes toward the criminal legal system. Results indicate that implicit and explicit biases, as well as certain socio-demographics, are associated with verdicts in the trial scenarios. However, in particularly ambiguous cases (control condition), preexisting implicit biases of legal actor trustworthiness appear to inform verdicts more than explicit attitudes. These results suggest that attorney reliance on explicit attitudes during voir dire may be more informative, except in cases in which the evidence for both the prosecution and defense is particularly ambiguous.","PeriodicalId":45509,"journal":{"name":"Justice System Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2020-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86002820","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 Impact of Retention Systems on Judicial Behavior: a Synthetic Controls Analysis of State Supreme Courts 保留制度对司法行为的影响:对州最高法院的综合控制分析

IF 0.7 4区社会学

Justice System Journal Pub Date : 2020-11-28 DOI: 10.1080/0098261X.2020.1843093

Kristen M. Renberg

引用次数: 2

The Public’s Influence on the U.S. District Courts in Discrimination Cases 公众对美国地方法院审理歧视案件的影响

IF 0.7 4区社会学

Justice System Journal Pub Date : 2020-11-16 DOI: 10.1080/0098261X.2020.1839822

Albert H. Rivero

引用次数: 0

Race, Context, and Judging on the Courts of Appeals: Race-Based Panel Effects in Death Penalty Cases 种族、背景和上诉法院的判决:死刑案件中基于种族的专家组效应

IF 0.7 4区社会学

Justice System Journal Pub Date : 2020-11-11 DOI: 10.1080/0098261X.2020.1839823

Jonathan P. Kastellec

引用次数: 1