THE SHADOW OF THE COURT: THE GROWING IMPERATIVE TO REFORM ETHICAL REGULATION OF FORMER JUDGES

2018 ◽  
Vol 67 (3) ◽  
pp. 505-546
Author(s):  
Gabrielle Appleby ◽  
Alysia Blackham
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
Public Confidence ◽  
England And Wales ◽  
Ethics Regulation

AbstractIn recent years there has been a trend towards independent and more transparent ethical regulation for sitting judges, which is said to promote public confidence in the judicial institution, and reflect a move towards accountability and transparency as judicial values. However, regimes governing sitting judges largely fall away when the judge retires from the bench. Increasing longevity and rising numbers of former judges raise complex ethical regulation questions. Drawing on judicial ethics regimes in England and Wales, Australia, the United States and New Zealand, and instances where the conduct of former judges has reflected poorly on the integrity of the judiciary, this article argues that there are strong reasons for extending ethics regulation beyond judicial retirement. By reference to the principles that inform the rules regulating the conduct of sitting judges, we investigate the extent to which misconduct and disciplining regimes should extend to former judges, and whether there is a stronger role for soft instruments and more formalized processes for regulating former judges. In doing so, we propose a model for the development of ethical regulation for former judges.

Solitary Confinement across Borders

2019 ◽  
pp. 59-76
Author(s):  
Sharon Shalev
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
Prison System ◽  
Solitary Confinement ◽  
Management Units ◽  
England And Wales ◽  
Close Supervision ◽  
Recent Developments

This chapter looks at the use of solitary confinement in three jurisdictions where the author has conducted research: England and Wales, New Zealand, and the United States. It asks when and why prisoners are placed in solitary confinement in these jurisdictions, and what are the conditions of their confinement. The chapter's main focus is on the long-term use of solitary confinement as a tool for managing individuals classified and labeled as the most dangerous or troublesome in the prison system, including in New Zealand's Management Units and England and Wales’s Close Supervision Centres. Finally, it examines recent developments and asks what learning there might be for other jurisdictions.

scholarly journals The need for an intrusion upon seclusion privacy tort within English law

2017 ◽  
Vol 46 (4) ◽  
pp. 287-305
Author(s):  
John Hartshorne
Keyword(s):  
United States ◽  
New Zealand ◽  
Private Information ◽  
The United States ◽  
Law Reform ◽  
Canadian Province ◽  
England And Wales ◽  
The Creation ◽  
English Law

In the United States, New Zealand and the Canadian province of Ontario, recognition has been afforded to privacy torts remedying intrusions upon seclusion or solitude, and the creation of such a tort has also been recommended by the Australian Law Reform Commission. In England and Wales, recognition has so far only been afforded to a privacy tort remedying misuse of private information. This article considers the current prospects for the recognition of an intrusion upon seclusion tort within English law. It will be suggested that there is less necessity for such recognition following the apparent recent confirmation by the decisions in Gulati v MGN and Vidal-Hall v Google that misuse of private information claims may still be brought where there is no ensuing publication of wrongly acquired private information. Given that intrusions commonly result in the acquisition of private information, it will be suggested that many of the privacy interests protected by the intrusion torts in other jurisdictions may now therefore be protected in English law through a claim for misuse of private information.

Statutory Sentencing Reform in Israel: Exploring the Sentencing Law of 2012

2013 ◽  
Vol 46 (3) ◽  
pp. 455-479 ◽  
Author(s):  
Julian V Roberts ◽  
Oren Gazal-Ayal
Keyword(s):  
United States ◽  
New Zealand ◽  
The United States ◽  
Judicial Discretion ◽  
England And Wales ◽  
Sentencing Reform ◽  
Novel Approach ◽  
Sentencing Reforms ◽  
The Law

In 2012 the Knesset approved a new sentencing law. Israel thus became the latest jurisdiction to introduce statutory directions for courts to follow in sentencing. The approach of the United States to structuring judicial discretion often entails the use of a sentencing grid with presumptive sentencing ranges. In contrast, the Sentencing Act of Israel reflects a less prescriptive method: it provides guidance by words rather than numbers. Retributivism is clearly identified as the penal philosophy underpinning the new law, which takes a novel approach to promoting more proportionate sentencing. Courts are directed to construct an individualised proportionate sentencing range appropriate to the case in hand. Once this is established, the court then follows additional directions regarding factors and principles related to sentencing. Although other jurisdictions have placed the purposes and principles of sentencing on a statutory footing, this is the first such legislative declaration in Israel. The statute also contains a methodology to implement a proportional approach to sentencing as well as detailed guidance on sentencing factors. This article describes and explores the new Sentencing Act, making limited comparisons to sentencing reforms in other jurisdictions – principally England and Wales, New Zealand and the United States. In concluding, we speculate on the likely consequences of the law: will it achieve the goals of promoting more consistent and principled sentencing?

Torts and Other Wrongs

2019 ◽  
pp. 1-26
Author(s):  
John Gardner
Keyword(s):  
United States ◽  
New Zealand ◽  
Common Law ◽  
Tort Law ◽  
The United States ◽  
Common Cause ◽  
England And Wales ◽  
The Common ◽  
The Law

This chapter focuses on the law of torts, not in the United States, but in other major common law jurisdictions (England and Wales, Canada, Australia, and New Zealand) in which tort cases are normally adjudicated by judges sitting without juries. It considers the so-called classical interpretation of the common law of torts by John Goldberg and Ben Zipursky, and how they tend to equivocate on an important point of law in a way that puts them at odds with some writers with whom they would do better to make common cause. It suggests that this equivocation is where the law of the United States parts company with the law in the rest of the common law world. The problem, an English lawyer might then teasingly say, is with American tort law rather than with the Goldberg and Zipursky rendition of it.

Comparing Serious Violent Crime in the United States and England and Wales

2017 ◽  
Author(s):  
Zelia Gallo ◽  
Nicola Lacey ◽  
David Soskice
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
New Zealand ◽  
Violent Crime ◽  
The United States ◽  
Comparative Data ◽  
England And Wales ◽  
Per Capita

This chapter shows how reasonably valid comparative data for violent crime in the United States and England and Wales can be derived. Comparative analysis of violent crime is hampered by a lack of reliable statistics, even between relatively similar countries, with doubts about existing studies suggesting that further comparative data are needed. Violent crime presents particular problems of variation in offense definition and recording practices. However, the data for the United States and England and Wales can be derived for the narrower category of serious violent crime. The chapter shows broadly that the incidence of serious violent crime per capita is between three and seven times as high in the United States as in England and Wales. This parallels the comparative data on homicide; existing comparisons with Canada and New Zealand lend further weight to the claim that levels of serious violence in the United States are distinctively high.

Effectiveness of Programs for the Prevention of Child Sexual Abuse

2020 ◽  
Vol 25 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Amaia Del Campo ◽  
Marisalva Fávero
Keyword(s):  
United States ◽  
Sexual Abuse ◽  
New Zealand ◽  
Critical Analysis ◽  
Prevention Programs ◽  
The United States ◽  
Sexual Abuse Prevention ◽  
Negative Effects ◽  
The United Kingdom ◽  
Methodological Considerations

Abstract. During the last decades, several studies have been conducted on the effectiveness of sexual abuse prevention programs implemented in different countries. In this article, we present a review of 70 studies (1981–2017) evaluating prevention programs, conducted mostly in the United States and Canada, although with a considerable presence also in other countries, such as New Zealand and the United Kingdom. The results of these studies, in general, are very promising and encourage us to continue this type of intervention, almost unanimously confirming its effectiveness. Prevention programs encourage children and adolescents to report the abuse experienced and they may help to reduce the trauma of sexual abuse if there are victims among the participants. We also found that some evaluations have not considered the possible negative effects of this type of programs in the event that they are applied inappropriately. Finally, we present some methodological considerations as critical analysis to this type of evaluations.

scholarly journals The use of mechanical restraint in Pacific Rim countries: an international epidemiological study

2020 ◽  
Vol 29 ◽  
Author(s):  
G. Newton-Howes ◽  
M. K. Savage ◽  
R. Arnold ◽  
T. Hasegawa ◽  
V. Staggs ◽  
...  
Keyword(s):  
United States ◽  
New Zealand ◽  
International Comparisons ◽  
The United States ◽  
Pacific Rim ◽  
Persons With Disabilities ◽  
Mechanical Restraint ◽  
The Pacific ◽  
Bed Days ◽  
Compare And Contrast

Abstract Aims The use of mechanical restraint is a challenging area for psychiatry. Although mechanical restraint remains accepted as standard practice in some regions, there are ethical, legal and medical reasons to minimise or abolish its use. These concerns have intensified following the Convention on the Rights of Persons with Disabilities. Despite national policies to reduce use, the reporting of mechanical restraint has been poor, hampering a reasonable understanding of the epidemiology of restraint. This paper aims to develop a consistent measure of mechanical restraint and compare the measure within and across countries in the Pacific Rim. Methods We used the publicly available data from four Pacific Rim countries (Australia, New Zealand, Japan and the United States) to compare and contrast the reported rates of mechanical restraint. Summary measures were computed so as to enable international comparisons. Variation within each jurisdiction was also analysed. Results International rates of mechanical restraint in 2017 varied from 0.03 (New Zealand) to 98.9 (Japan) restraint events per million population per day, a variation greater than 3000-fold. Restraint in Australia (0.17 events per million) and the United States (0.37 events per million) fell between these two extremes. Variation as measured by restraint events per 1000 bed-days was less extreme but still substantial. Within all four countries there was also significant variation in restraint across districts. Variation across time did not show a steady reduction in restraint in any country during the period for which data were available (starting from 2003 at the earliest). Conclusions Policies to reduce or abolish mechanical restraint do not appear to be effecting change. It is improbable that the variation in restraint within the four examined Pacific Rim countries is accountable for by psychopathology. Greater efforts at reporting, monitoring and carrying out interventions to achieve the stated aim of reducing restraint are urgently needed.

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