Judicial Training and Rape

This chapter draws on extended observations within federal immigration courts and interviews conducted with sitting and retired immigration judges both before and after the 2014 influx of undocumented minors who were apprehended, detained, put into deportation proceedings, and forced to appear in fast track hearings. It examines the specific challenges judges face such as staff shortages, court backlogs, and negative press regarding the judicial training immigration they receive before appointment to the bench. Since 2014, stress on judges has been heightened with the creation of expedited juvenile hearings, the increased numbers of children in removal proceedings, overloaded dockets, a dramatic reduction in the proportion of children with legal representation, and mounting numbers of in absentia deportation orders. Immigration judges share views on what they see as their weak structural position within the U.S. Department of Justice, the power imbalances that favor the government and threaten both fairness and due process protections, the inadequate legal protections for immigrant children, and the heavy toll their work exacts through exposure to horrific persecution stories, heavy caseloads, and intrusive administrative oversight..

Download Full-text

Procedural Justice and the Power of the Judge in the Courtroom

Global Perspectives on Reforming the Criminal Justice System ◽

10.4018/978-1-7998-6884-2.ch012 ◽

2021 ◽

pp. 202-235

Author(s):

Allan T. Moore

Keyword(s):

21St Century ◽

Critical Analysis ◽

Disciplinary Action ◽

Discretionary Power ◽

Abuse Of Power ◽

Central Focus ◽

Global North ◽

Judicial Training ◽

North And South ◽

Selection Of

In this chapter, the author conducts a critical analysis and comparison of laws and practices that legitimise discretionary power in the courtroom from a selection of global north and south jurisdictions. The specific offence of contempt of court in facie curiae is the central focus, where the use of full judicial autonomy, summary, and arbitrary hearings have survived now well into the 21st century. The research conducted shows that there is a global problem with significant overreach of power by members of the judiciary in nearly all jurisdictions investigated. In some cases, this could be viewed as being extreme enough in its overreach to justify being described as abuse of power. Further evidence is presented showing little by way of accountability being held against those judges who misuse their discretionary powers in the courtroom. Recommendations are that there should be reform or development of practice through both judicial training and proportionate disciplinary action where overreach is proven to have occurred in order to minimise future overreaches of power.

Download Full-text