scholarly journals Litigiousness in Australia: Lessons from Comparative Law

2014 ◽  
Vol 18 (2) ◽  
pp. 271
Author(s):  
Leon Wolff
Keyword(s):  
Popular Culture ◽  
Justice System ◽  
Insurance Industry ◽  
Comparative Law ◽  
The United States ◽  
Future Research ◽  
Quantitative Studies ◽  
Civil Justice System ◽  
Policy Question ◽  
Scholarly Attention

How litigious are Australians? Although quantitative studies have comprehensively debunked the fear of an Australian civil justice system in crisis, the literature has yet to address the qualitative public policy question of whether Australians are under- or over-using the legal system to resolve their disputes. On one view, expressed by the insurance industry, the mass media and prominent members of the judiciary, Australia is moving towards an American-style hyper-litigiousness. By contrast, Australian popular culture paints the typical Australian as culturally averse to formal rights assertion. This article explores the comparative law literature on litigiousness in two jurisdictions that have attracted significant scholarly attention — the United States and Japan. More specifically, it seeks to draw lessons from this literature for both understanding litigiousness in modern Australia and framing future research projects on the issue.

scholarly journals Underestimating the Unrepresented: Cognitive Biases Disadvantage Pro Se Litigants in Family Law Cases

2020 ◽  
Author(s):  
Kathryn Mary Kroeper ◽  
Victor David Quintanilla ◽  
Michael Frisby ◽  
Nedim Yel ◽  
Amy Applegate ◽  
...  
Keyword(s):  
Justice System ◽  
Cognitive Biases ◽  
The United States ◽  
Access To Justice ◽  
Randomized Experiments ◽  
Related Factors ◽  
Mere Presence ◽  
Dispute Resolution Mechanism ◽  
Civil Justice System ◽  
Wide Access

The majority of civil cases in the United States involve at least one pro se party—more often than not, at least one litigant is unrepresented by legal counsel. Despite efforts to provide pro se parties with information that decreases the procedural complexity of litigation, wide access to justice gaps persist between counseled and pro se litigants. We argue that, while helpful, information alone is not enough to close access-to-justice gaps, because the mere presence of counsel gives represented litigants a persuasive edge over pro se litigants in the eyes of legal officials. Two randomized experiments with civil court judges (Experiment 1) and attorney-mediators (Experiment 2), wherein only the presence of counsel varied (while other case-related factors were held constant), found that legal officials, on average, devalued the case merit of pro se litigants relative to otherwise identical counseled litigants. This case devaluation, in turn, shaped how legal officials expected pro se (vs. counseled) litigants to fare as they sought justice. Judges, attorneys, and mediators forecasted that pro se litigants would experience the civil justice system as less fair and less satisfying than counseled litigants, especially when the dispute resolution mechanism was trial (vs. mediation). These results suggest that perceptions of case merit are strongly influenced by a litigant’s counseled status. Comprehensive solutions to address access-to-justice gaps must consider ways to reduce legal officials’ biased perceptions of pro se litigants, so that they are not underestimated before their cases are even heard.

scholarly journals The American medical liability system: An alliance between legal and medical professionals can promote patient safety and be cost effective

2013 ◽  
Vol 2 (3) ◽  
pp. 97
Author(s):  
Steven E. Pegalis
Keyword(s):  
Patient Safety ◽  
Justice System ◽  
Cost Effective ◽  
The United States ◽  
Medical Liability ◽  
Legal Rights ◽  
Medical Professionals ◽  
Civil Justice ◽  
Culture Of Safety ◽  
Civil Justice System

Objective: The aim of this paper is to evaluate a hypothesis premised on the idea that if medical leaders in the United States support an unfettered access for patients injured by medical error to the American civil justice system, that approach would improve patient safety and be cost effective. Method: An analysis of the relevant legal and medical literature. Results: Medical liability in the American civil justice system derived from traditional tort law is based on accountability. Reforms applied to medical liability cases urged by healthcare providers limit and in some cases eliminate legal rights of patients injured by healthcare error which rights exist for all others in non-medical cases. Yet medical liability cases have promoted a culture of safety. Information learned from medical liability cases has been used to make care safer with a reduced incidence of adverse outcomes and lower costs. A just culture of safety can limit provider emotional stress. Using the external pressures to reduce the incidence of law suits and promoting ethical mandates to be safer and disclose the truth can promote provider satisfaction. Conclusions: An alliance between legal and medical professionals on the common ground of respect for the due process legal rights of patients in the American system of justice and the need for accountability can make care safer and can be cost effective.

Introduction to Special Issue: Misdemeanor Justice Project—A Focus on Criminal Justice System Responses to Lower Level Offenses

2018 ◽  
Vol 29 (6-7) ◽  
pp. 527-535 ◽  
Author(s):  
Preeti Chauhan ◽  
Jeremy Travis
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Future Research ◽  
Special Issue ◽  
Legal Representation ◽  
Pretrial Detention ◽  
Court Processing ◽  
The Impact ◽  
Scholarly Attention

To date, the enforcement of lower level offenses and the criminal justice system’s response to these enforcement actions has received little scholarly attention. To address this gap in scientific research, the Misdemeanor Justice Project (MJP) commissioned nine scholarly papers focused on criminal justice responses to lower level offenses. Each of the papers in this volume is guided by one of four overarching themes, including officer discretion; the impact of lower level enforcement on individuals, communities, and institutions; pretrial detention and diversion; and court processing and legal representation. As a collection, these papers serve as a launching pad for the development of a body of research in a critical and opaque area of our criminal justice system as well as highlight areas for future research.

Black and White Homicide Differentials

1983 ◽  
Vol 10 (4) ◽  
pp. 407-440 ◽  
Author(s):  
DARNELL F. HAWKINS
Keyword(s):  
United States ◽  
Justice System ◽  
The United States ◽  
Future Research ◽  
Economic Factors ◽  
White Americans ◽  
Direct Effects ◽  
Causal Factors ◽  
Black And White ◽  
Black Life

Rates of homicide among blacks in the United States have been consistently higher than those of white Americans and of other American nonwhites. Subculture of violence theory has been the most widely accepted explanation for these differences. In this article, I argue that subculture theory ignores or underemphasizes a variety of historical-structural, situational, and economic factors that might explain high rates of black homicide. Seldom examined is the behavior of the law. Three theoretical propositions are offered as guides for future research. These propositions suggest that (1) the historical devaluing of black life, (2) official responses of the criminal justice system to prehomicide behavior among blacks, and (3) the direct effects of economic deprivation are important causal factors.

Computer Hacking and the Techniques of Neutralization

2011 ◽  
pp. 1-17 ◽  
Author(s):  
Robert G. Morris
Keyword(s):  
United States ◽  
The United States ◽  
Economic Losses ◽  
Future Research ◽  
Techniques Of Neutralization ◽  
Computer Hacking ◽  
Criminological Perspective ◽  
Scholarly Attention ◽  
Cyber Criminals

Nowadays, experts have suggested that the economic losses resulting from mal-intended computer hacking, or cracking, have been conservatively estimated to be in the hundreds of millions of dollars per annum. The authors who have contributed to this book share a mutual vision that future research, as well as the topics covered in this book, will help to stimulate more scholarly attention to the issue of corporate hacking and the harms that are caused as a result. This chapter explores malicious hacking from a criminological perspective, while focusing on the justifications, or neutralizations, that cyber criminals may use when engaging in computer cracking--which is in the United States and many other jurisdictions worldwide, illegal.

Intensive Supervision Programs and Recidivism: How Michigan Successfully Targets High-Risk Offenders

2017 ◽  
Vol 97 (5) ◽  
pp. 585-608 ◽  
Author(s):  
Kristen E. DeVall ◽  
Christina Lanier ◽  
David J. Hartmann ◽  
Sarah Hupp Williamson ◽  
LaQuana N. Askew
Keyword(s):  
High Risk ◽  
Justice System ◽  
The United States ◽  
Comprehensive Analysis ◽  
Policy Implications ◽  
Future Research ◽  
Recidivism Rates ◽  
Intensive Supervision ◽  
The Past ◽  
Quasi Experimental

The United States has witnessed enormous criminal justice system growth in the past 60 years. In response to calls for reform, several jurisdictions have implemented programs that provide intensive supervision for high-risk offenders, swiftly responding to violations with sanctions. This quasi-experimental study is the first comprehensive analysis of Michigan’s Swift and Sure Sanctions Probation Program (SSSPP), an alternative-to-incarceration program. The findings indicate that SSSPP participants had lower recidivism rates compared with individuals sentenced to probation-as-usual. Policy implications and suggestions for future research are offered.

scholarly journals In Search of the “Good Life”: The Appeal of the Tiny House Lifestyle in the USA

2019 ◽  
Vol 8 (1) ◽  
pp. 26 ◽  
Author(s):  
Severin Mangold ◽  
Toralf Zschau
Keyword(s):  
United States ◽  
Popular Culture ◽  
Exploratory Study ◽  
Good Life ◽  
The United States ◽  
Future Research ◽  
The Good Life ◽  
The Past ◽  
The Usa ◽  
Meaningful Experiences

Over the past decade, tiny houses and the lifestyle they promote have become a world-wide phenomenon, with the trend especially impactful in the United States. Given their broad appeal and increasing prominence within popular culture, it is surprising how little research exists on them. To help to better understand what motivates people to adopt this lifestyle, this paper presents insights from an exploratory study in the United States and offers the first contours of a new conceptual framework. Situating the lifestyle within the larger economic and cultural forces of our times, it argues that going “tiny” is seen by tiny house enthusiasts as a practical roadmap to the Good Life: A simpler life characterized by more security, autonomy, relationships, and meaningful experiences. The paper ends with a brief discussion of broader implications and directions for future research.

A Researcher–Practitioner Agenda for Studying and Supporting Youth Reentering School After Involvement in the Juvenile Justice System

2020 ◽  
Vol 49 (3) ◽  
pp. 212-219 ◽  
Author(s):  
Virginia Snodgrass Rangel ◽  
Sascha Hein ◽  
Charles Rotramel ◽  
Bea Marquez
Keyword(s):  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Zero Tolerance ◽  
The United States ◽  
Home School ◽  
Dropping Out ◽  
Future Research ◽  
School Reentry ◽  
Rapid Spread

Across the United States, the rapid spread of “zero-tolerance” policies has generated a pipeline of youth from schools into prisons. Once youth reenter their community and home school, they often struggle to reintegrate. There is relatively little research about school reentry for juvenile justice–involved youth, and yet these students are at risk of low academic achievement, dropping out of school, and recidivism. We propose a conceptual framework for understanding the school reentry process, and then we use that framework to review existing research and suggests areas for future research. We discuss the areas where we found some research and those where we found little to no research. We suggest areas for future research and collaboration with practitioners.

Prosecution and Courts

Criminology ◽  
2009 ◽  
Author(s):  
Brian Forst
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
Justice System ◽  
The United States ◽  
Executive Branch ◽  
Case Processing ◽  
Justice Process ◽  
Criminal Justice Process ◽  
Scholarly Attention ◽  
Made In

Prosecution and courts are at the heart and center of our criminal justice system. They serve as stages of case processing that follow the police arrest and precede the delivery of convicted defendants to correctional authorities. The prosecutor, usually a politically elected official, is the chief law enforcement officer in a jurisdiction (county, state, federal) yet carries out an administrative function within the executive branch of government. To put the prosecutor and court in perspective, it is useful to think about the two million or so felony arrests made in the United States annually. About a million end in conviction and sentencing each year. What happens between arrest and sentencing is driven by the prosecutor and court adjudication system. Yet remarkably little scholarly attention is paid to prosecution and adjudication, relative to the stages before (offending and policing) and after (corrections and subsequent offender behaviors). The information that follows aims to help interested people to learn about prosecution and adjudication and the forces that shape practices in these two critical and largely hidden-from-view stages of the criminal justice process.

Epilogue

Laura Nader ◽  
2020 ◽  
pp. 347-350
Author(s):  
Laura Nader
Keyword(s):  
United States ◽  
Dispute Resolution ◽  
Justice System ◽  
The United States ◽  
Civil Justice ◽  
New States ◽  
Court Proceedings ◽  
The 1960S ◽  
Justice Movements ◽  
Civil Justice System

This chapter reviews letters about what have been happening in America over the past sixty years as the Ivory Tower slowly erodes. It elaborates the importance of language in the early 1960s for the understanding of kinship and court users in a bilingual town and for any sophisticated understanding of the style of court proceedings, which is later dubbed as “harmony ideology.” It also discusses the author's interest in Zapotec law that expanded to a comparative interest in dispute resolution movements worldwide after the demise of colonialism and the founding of new states. The chapter describes the movement in the United States to address the failings of the civil justice system. It talks about the push to change the civil justice system in the United States that is referred to as Alternative Dispute Resolution, which is a political movement against the social justice movements of the 1960s.

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