8. Remands before trial

2019 ◽  
pp. 236-266
Author(s):  
Liz Campbell ◽  
Andrew Ashworth ◽  
Mike Redmayne
Keyword(s):  
Procedural Justice ◽  
Equal Treatment ◽  
The Law ◽  
The Impact

The impact on the liberty of a defendant is an important issue and this chapter analyses remand decisions, scrutinizing the justifications for taking away liberty before trial. It also considers the law relating to remands as well as the treatment of unconvicted defendants, the treatment of victims and potential victims, procedural justice and remand decisions, and, finally, equal treatment in remand decisions. The principal focus in this chapter is on the court’s decision whether to remand on bail or in custody between first appearance and trial. Also discussed are the issues of principle raised by the law and practice.

Exploring the Relationship of Shared Race/Ethnicity With Court Actors, Perceptions of Court Procedural Justice, and Obligation to Obey Among Male Offenders

2016 ◽  
Vol 7 (1) ◽  
pp. 87-102 ◽  
Author(s):  
Thomas Baker
Keyword(s):  
Procedural Justice ◽  
Survey Data ◽  
Future Research ◽  
Male Offenders ◽  
Race Ethnicity ◽  
The Law ◽  
Hispanic Male ◽  
Relationship Of ◽  
The Impact ◽  
The Relationship

Using survey data from a sample of White, Black, and Hispanic male offenders ( n = 311), this study examines whether the relationship between procedural justice and obligation to obey the law is substantiated among a sample of offenders. Further, this study explores the impact that sharing the race/ethnicity of the defense attorney, prosecutor, and judge in their most recent conviction has on male offenders’ perceptions of court procedural justice and their perceived obligation to obey the law. The findings reveal that male offenders who perceive the courts as more procedurally just report a significantly greater obligation to obey the law. In addition, Black and Hispanic offenders who shared the race/ethnicity of the prosecutor in their case perceived the courts as significantly more just. Implications and directions for future research are discussed.

Female Offenders’ Perceptions of Police Procedural Justice and Their Obligation to Obey the Law

2017 ◽  
Vol 64 (6) ◽  
pp. 758-781 ◽  
Author(s):  
Thomas Baker ◽  
Jacinta M. Gau
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Self Regulation ◽  
Female Offenders ◽  
Policy Implications ◽  
Equation Modeling ◽  
Perceptions Of Police ◽  
The Law ◽  
Police Procedural ◽  
The Impact

Although the process-based model of criminal justice has received substantial empirical attention, few previous studies have examined individuals embedded in a criminal lifestyle and at the most risk for future offending, and few have focused exclusively on female offenders. Employing structural equation modeling, the present study tests the process-based model of self-regulation among a sample of 694 incarcerated females. Specifically examined is the effect of perceptions of voice in respondents’ most recent encounter with police on their perceptions of police procedural justice and the impact of respondents’ procedural justice perceptions on their perceived obligation to obey the law. Results reveal support for the process-based model among serious female offenders, though the impact may be attenuated by increased experience with the criminal justice system. Policy implications are discussed.

Second Looks at Sentences under the First Step Act

2019 ◽  
Vol 32 (2) ◽  
pp. 76-85
Author(s):  
Sarah French Russell
Keyword(s):  
Sentence Length ◽  
Sentencing Decisions ◽  
Second Look ◽  
The People ◽  
The Law ◽  
Supervised Release ◽  
Federal Prisoners ◽  
Federal Judges ◽  
The Impact

Under the First Step Act of 2018, federal prisoners may now petition courts directly for reduction of their sentences, and judges may grant such requests if “extraordinary and compelling reasons” support reduction. Judges are also in the process of imposing reduced sentences in thousands of cases where the First Step Act has retroactively reduced statutory penalties. Not only does the First Step Act offer prisoners new opportunities for sentence reduction, but the law also may change how federal judges understand the impact of their sentencing decisions. Before now, in federal cases, judges rarely had the chance to take a second look at the prison sentences they (or their colleagues) imposed. Encounters between judges and the people they sentenced typically occurred only if a person violated the terms of supervised release after leaving prison. Now, judges can reassess sentence length while someone is still in prison and evaluate whether a reduction in the sentence is warranted. This newfound power allows judges to see their sentencing decisions in a new light and may influence how they conceive of the prison time they impose in future cases.

The Africanisation Of South African Civil Procedure: The Way Forward

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Fawzia Cassim ◽  
Nomulelo Queen Mabeka
Keyword(s):  
Common Law ◽  
Civil Procedure ◽  
African Culture ◽  
Legal Proceedings ◽  
Seventeenth Amendment ◽  
Procedural Law ◽  
Lower Courts ◽  
The Law ◽  
Court Proceedings ◽  
The Impact

Civil procedure enforces the rules and provisions of civil law.  The law of civil procedure involves the issuing, service and filing of documents to initiate court proceedings in the superior courts and lower courts. Indeed, notice of legal proceedings is given to every person to ensure compliance with the audi alteram partem maxim (“hear the other side”). There are various rules and legislation that regulate these court proceedings such as inter alia, the Superior Courts Act, 2013, Uniform Rules of Court, Constitution Seventeenth Amendment Act, 2012 and the Magistrates’ Courts Act of 1944. The rules of court are binding on a court by virtue of their nature.  The purpose of these rules is to facilitate inexpensive and efficient legislation. However, civil procedure does not only depend on statutory provisions and the rules of court.  Common law also plays a role. Superior Courts are said to exercise inherent jurisdiction in that its jurisdiction is derived from common law.  It is noteworthy that whilst our rules of court and statutes are largely based on the English law, Roman-Dutch law also has an impact on our procedural law. The question thus arises, how can our law of civil procedure transform to accommodate elements of Africanisation as we are part and parcel of the African continent/diaspora? In this regard, the article examines the origins of Western-based civil procedure, our formal court systems, the impact of the Constitution on traditional civil procedure, the use of dispute resolution mechanisms in Western legal systems and African culture, an overview of the Traditional Courts Bill of 2012 and the advent of the Traditional Courts Bill of 2017. The article also examines how the contentious Traditional Courts Bills of 2012 and 2017 will transform or complement the law of civil procedure and apply in practice once it is passed into law.

The Impact of Emerging Technologies on the Law of Armed Conflict

2019 ◽  
Keyword(s):  
Armed Conflict ◽  
New Technologies ◽  
Emerging Technologies ◽  
Legal Issues ◽  
Technological Advancement ◽  
Law Of Armed Conflict ◽  
Legal Challenges ◽  
Challenges And Opportunities ◽  
The Law ◽  
The Impact

Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.

What's Left of the Law of Integration?

2018 ◽  
Author(s):  
Julio Baquero Cruz
Keyword(s):  
International Law ◽  
Fundamental Rights ◽  
Structural Elements ◽  
The European Union ◽  
Difficult Situation ◽  
Court Of Justice ◽  
Structural Connections ◽  
The Law ◽  
Constitutional Pluralism ◽  
The Impact

This book discusses the impact of the difficult situation the European Union is currently going through on some structural elements of its legal order, looking for symptoms of decay, exploring examples of resistance, and assessing its overall state of health. The original choices made by the drafters of the Treaties and by the Court of Justice are put in their proper historical perspective, understanding Union law as a tool of civilization, and explaining its current problems, at least in part, as a consequence of the waning of the initial impetus behind integration. The concrete themes to be explored are the following: primacy, the national resistance to it and constitutional pluralism; the preliminary rulings procedure; Union citizenship, equality, and human dignity; the scope of the Charter and the standard of protection of fundamental rights; and the rigidity and fragmentation of the Union system in connection with the recent occasional use of international law as an alternative to Union law. The book looks at the development of the law throughout the decades, inevitably losing much detail, but hopefully also uncovering structural connections and continuities.

Law and Economics

2020 ◽  
pp. 84-102
Author(s):  
Daniel B. Kelly
Keyword(s):  
Economic Analysis ◽  
First Generation ◽  
Law And Economics ◽  
Private Law ◽  
Foreseeable Future ◽  
Business Associations ◽  
The Third ◽  
Starting Point ◽  
The Law ◽  
The Impact

This chapter analyzes how law and economics influences private law and how (new) private law is influencing law and economics. It focuses on three generation or “waves” within law and economics and how they approach private law. In the first generation, many scholars took the law as a starting point and attempted to use economic insights to explain, justify, or reform legal doctrines, institutions, and structures. In the second generation, the “law” at times became secondary, with more focus on theory and less focus on doctrines, institutions, and structures. But this generation also relied increasingly on empirical analysis. In the third generation, which includes scholars in the New Private Law (NPL), there has been a resurgence of interest in the law and legal institutions. To be sure, NPL scholars analyze the law using various approaches, with some more and some less predisposed to economic analysis. However, economic analysis will continue to be a major force on private law, including the New Private Law, for the foreseeable future. The chapter considers three foundational private law areas: property, contracts, and torts. For each area, it discusses the major ideas that economic analysis has contributed to private law, and surveys contributions of the NPL. The chapter also looks at the impact of law and economics on advanced private law areas, such as business associations, trusts and estates, and intellectual property.

Procedural fairness: Between human rights law and social psychology

2021 ◽  
pp. 092405192199274
Author(s):  
Cathérine Van de Graaf
Keyword(s):  
Human Rights ◽  
Procedural Justice ◽  
Well Being ◽  
Fair Trial ◽  
European Convention ◽  
Public Confidence ◽  
Social Psychological ◽  
Justice Research ◽  
The Right ◽  
The Impact

Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of procedural justice on individuals’ well-being, their acceptance of unfavourable decisions, perceptions of legitimacy and public confidence. The ECtHR has confirmed the desirability of these effects in its fair trial jurisprudence. Thus far, it remains unclear to what extent the guarantees offered by Article 6(1) of the European Convention on Human Rights (the right to a fair trial) coincide with the findings of empirical procedural justice research. This article aims to rectify this and uncover similarities between the two disciplines.

Health and Rural Context Among Victims of Partner Abuse: Does Justice Matter?

2016 ◽  
Vol 33 (1) ◽  
pp. 64-82 ◽  
Author(s):  
Robert Walker ◽  
T. K. Logan
Keyword(s):  
Procedural Justice ◽  
Rural Women ◽  
Partner Violence ◽  
Urban Areas ◽  
Urban Women ◽  
Well Being ◽  
Protective Order ◽  
Protective Orders ◽  
The Impact ◽  
Health And Well Being

Research typically compartmentalizes health and justice as separate areas of study. However, the current health literature on inequality suggests the two concepts are overlapping. For victims of partner violence, procedural justice (defined in this article as access to protective orders and enforcement of protective orders) potentially provides a step toward improved health and well-being by improving safety. There has been limited research examining these factors in rural compared with urban areas. This study examines the impact of procedural justice on health and well-being through interviews with rural and urban women 6 months prior to, and 6 months after, obtaining a protective order. Consistent with other literature, rural women who were victims of partner violence reported worse health, higher stress, and higher Stress-Related Consequences Scale scores compared with urban women. Women’s reported health consequences were related to the interaction of perceived ineffectiveness of the protective orders and their rural/urban environment. Thus, the perceived effectiveness of procedural justice may play an important role in alleviating victims’ safety, health, and well-being, all of which are components of contemporary views of justice.

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