编辑来信-第42卷,第1期

IF 0.7 4区 社会学 Q3 Social Sciences
Amy Steigerwalt
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引用次数: 0

摘要

欢迎阅读《司法系统杂志》第42卷第一期。《JSJ》是由国家法院中心和劳特利奇出版社(Taylor & Francis)合作出版的。《华尔街日报》致力于为涉及政府第三部门的无数问题的创新社会科学研究提供一个出口。关于JSJ的信息,包括杂志的目标和范围以及手稿提交说明,可以在我们的网站上找到:http://www.tandfonline.com/ujsj。稿件提交完全通过ScholarOne系统在线处理,提交稿件的直接链接为http:// mc.manuscriptcentral.com/ujsj。引领我们2021年的第一期,泰勒·基德(加州大学欧文分校)探讨了“对检察官和辩护律师的隐性和显性态度”。基德调查了潜在陪审员如何看待检察官和辩护律师这两个刑事司法系统中不可或缺的角色,以及这些观点如何影响审判决定。重要的是,基德区分了显性偏见和隐性偏见,并发现两者都很重要。最值得注意的是,基德发现,在证据最模糊的情况下,内隐偏见的影响最大,因此潜在的态度有更多的机会出现。本期的其他三篇研究文章将美国的范围留给了其他国家的法院。我们从本杰明·布里克(Benjamin Bricker)(南伊利诺伊大学)关于“共识决策:审判和司法审议的比较分析”的文章开始海外探索。布里克对欧洲法院进行了比较研究,以了解法官如何在不同场合达成共识。通过对法官和书记员的访谈,以及对欧洲宪法法院判决的原始数据集的分析,布里克发现,案件的复杂性显著影响共识结果的可能性。接下来,我们将在Caio Castelliano(巴西利亚大学)、Peter Grajzl(华盛顿和李大学)、Andre Alves(巴西总检察长办公室)和Eduardo Watanabe(巴西利亚大学)合著的《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》一书中对巴西法院进行考察。这组作者以巴西为例研究了法院的制度结构和程序——包括法院专业化的形式——如何影响案件的持续时间。他们发现,某些形式的专业化,而不是其他形式的专业化,可以导致更快的案件裁决,为全球法院提供重要的见解。在我们的最后一篇研究文章中,Elisa Fusco(罗马大学)、Martina Laurenzi(意大利大学)和Bernardo Maggi(罗马大学)探讨了“意大利司法系统的审判时长:宏观领域的效率分析”。意大利法律体系的特点是法官比大多数欧洲国家都多,但案件审理时间也更长。两位作者调查了这种现实存在的原因,以及如何实现更高的效率——从而更快地伸张正义。再一次,他们的发现也为远在意大利境外的司法系统提供了潜在的教训。最后,我们以两个有趣的法律注释结束。首先,Gbemende Johnson(汉密尔顿学院)回顾了美国最高法院最近对美国鱼类和野生动物管理局诉塞拉俱乐部案的判决。这一决定对那些根据《信息自由法》向联邦政府寻求信息的组织和个人,以及政府机构都具有重要意义
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Letter from the Editor -Volume 42, Issue 1
Welcome to the first issue of Volume 42 for the Justice System Journal. JSJ is published under an arrangement between the National Center for State Courts and Routledge (Taylor & Francis). The Journal’s commitment is to providing an outlet for innovative, social scientific research on the myriad of issues that pertain to the third branch of government. Information about JSJ, including the Journal’s Aims & Scopes as well as instructions for manuscript submissions, can be found at our website: http://www.tandfonline.com/ujsj. Manuscript submissions are processed solely online through the ScholarOne system, and the direct link to submit a manuscript is http:// mc.manuscriptcentral.com/ujsj. Leading off our first issue of 2021, Taylor Kidd (University of California, Irvine) explores “Implicit and Explicit Attitudes Toward Prosecutors and Defense Attorneys.” Kidd investigates how potential jurors view both prosecutors and defense attorneys, two integral players in the criminal justice system, and then how those views may influence trial decisions. Importantly, Kidd distinguishes between explicit and implicit biases and finds both matter. Most notably, Kidd finds that implicit biases are most consequential in cases where the evidence is most ambiguous and so underlying attitudes have more opportunity to emerge. The other three research articles in this issue leave the bounds of the U.S. to examine courts in other countries. We begin our overseas exploration with Benjamin Bricker’s (Southern Illinois University) piece on “Consensus Decision Making: A Comparative Analysis of Judging and Judicial Deliberations.” Bricker conducts a comparative study of European courts to understand how judges reach consensus in different forums. Through both interviews with judges and clerks, as well as an analysis of an original dataset of European constitutional court decisions, Bricker finds that case complexity significantly influences the likelihood of consensus outcomes. We next move to an examination of Brazilian courts in “Adjudication Forums, Specialization, and Case Duration: Evidence from Brazilian Federal Courts,” by Caio Castelliano (University of Brasilia), Peter Grajzl (Washington and Lee University), Andre Alves (Office of the Attorney General, Brazil), and Eduardo Watanabe (University of Brasilia). Using Brazil as a case study, the authors investigate how court institutional structures and processes – including forms of court specialization – can influence case durations. They find that certain forms of specialization, but not others, can lead to faster case adjudications, providing important insights for courts across the globe. In our final research article, Elisa Fusco (University of Rome La Sapienza), Martina Laurenzi (Logista Italia), and Bernardo Maggi (University of Roma La Sapienza) explore “Length of Trials in the Italian Judicial System: An Efficiency Analysis by Macro-Area.” The Italian legal system is marked by both more judges than most European countries, but also longer case durations. The authors investigate both why this reality exists, and also how greater efficiency – and thus faster time to justice – may be achieved. Once again, their findings also provide potential lessons for judicial systems located well beyond Italy’s borders. Last, we end with two intriguing Legal Notes. First, Gbemende Johnson (Hamilton College) reviews the US Supreme Court’s recent decision in US Fish and Wildlife Service v. Sierra Club. This decision has important implications both for organizations and individuals that seek information from the federal government under the Freedom of Information Act, as well as for
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来源期刊
CiteScore
0.90
自引率
14.30%
发文量
29
期刊介绍: The Justice System Journal is an interdisciplinary journal that publishes original research articles on all aspects of law, courts, court administration, judicial behavior, and the impact of all of these on public and social policy. Open as to methodological approaches, The Justice System Journal aims to use the latest in advanced social science research and analysis to bridge the gap between practicing and academic law, courts and politics communities. The Justice System Journal invites submission of original articles and research notes that are likely to be of interest to scholars and practitioners in the field of law, courts, and judicial administration, broadly defined. Articles may draw on a variety of research approaches in the social sciences. The journal does not publish articles devoted to extended analysis of legal doctrine such as a law review might publish, although short manuscripts analyzing cases or legal issues are welcome and will be considered for the Legal Notes section. The Justice System Journal was created in 1974 by the Institute for Court Management and is published under the auspices of the National Center for State Courts. The Justice System Journal features peer-reviewed research articles as well as reviews of important books in law and courts, and analytical research notes on some of the leading cases from state and federal courts. The journal periodically produces special issues that provide analysis of fundamental and timely issues on law and courts from both national and international perspectives.
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