Women Rule: Gendered Leadership and State Supreme Court Chief Justice Selection

ABSTRACT

While women are underrepresented in many political institutions and leadership positions, nearly half of state supreme court chief justices are women. Is there something about the role of state supreme court justice that facilitates the recruitment of women to this important political position? We examine whether the selection of a woman chief is driven by the court’s institutional need for women’s leadership style or simply the supply of qualified justices. We find that ideological diversity drives demand for a woman chief. A supply of experienced women justices also has a significant impact on likelihood of selection.     

Examining implementation and preliminary performance indicators of veterans treatment courts: The Kentucky experience

Veterans’ Treatment Courts (VTCs) are posited as a solution to offer rehabilitation for veterans involved in the criminal justice system. Despite the pervasive implementation of VTCs, there is little research focused specifically on VTC implementation and outcomes, which are based on other problem-solving court models such as drug court. The current study presents qualitative process evaluation data from key stakeholders (n = 21) and veteran participants (n = 4) to show accomplishments, challenges, and lessons learned during first-year implementation at two VTC sites. Quantitative performance data is also presented on veteran participants (n = 19) served during the first year to show: types of services, monitoring, judicial interaction, sanctions/therapeutic responses, and rewards, as well as preliminary data on recidivism. Qualitative data, from both key stakeholders and veteran participants, suggests that offering rehabilitation via various program components, services/referrals, and accountability are critical to the success of the VTC. Data also provides valuable lessons learned for VTC implementation including communication, collaboration, information/protocols, and resources. Performance data shows that a variety of services are utilized and that frequent judicial interaction, drug testing, and sanctions are cornerstones of the VTC. Implications and future directions for research are discussed.     

Alternative to incarceration for low‐income non‐custodial parents

Increasingly, low‐income non‐custodial parents in the USA, primarily fathers, are at risk of incarceration for failure to make child support payments, clogging the prison system, preventing already at‐risk fathers from holding a job and removing them from relationships with their children. This paper examines an innovative programme in one south‐eastern state that provides an alternative to incarceration for non‐compliant parents, also allowing fathers an opportunity to find gainful employment; to learn valuable life skills; and to establish healthier relationships with their children. Data analysis from 3 years of programme implementation suggests that low‐income non‐custodial fathers enrolled in the Alternative to Incarceration programme have a much greater chance to fulfil their obligations, both as wage earners and as parents, when they are in a programme that provides life skills, helps them find employment and provides other supports to help them improve their life situation rather than incarcerating them for non‐payment of child support. Furthermore, this programme represents a substantial cost savings to the state, as hundreds of fathers have remained outside of the prison system. To date, this alternative to incarceration is a promising solution to a previously intractable problem.     

人民法院的国家追偿权及其行使

人民法院作为赔偿义务机关在承担了国家赔偿责任以后 ,有向实施某种违法行为的审判人员进行追偿的权力。依据国家有关法律和我国司法实践 ,在明确国家追偿权的范围、成立要件的基础上 ,人民法院应积极组织国家追偿权的实施     

审判经验的迷局与研判——从“案多人少”切入

2008年以来,江苏法院开展了大规模的总结审判经验专项活动。这是在案件数量剧增的态势下法院为化解案多人少的矛盾之为,但得到的经验相当一部分并非是有效提升办案效率的＂精品＂。从短期看,审判经验总结会适得其反,加大案多人少压力;但从长期来看,对于缓解案多人少压力会有所帮助。因此,审判经验有总结的价值,但在传承和发展审判经验时,对于个人经验和集体经验应当区别对待。     

Re B‐S: a glass half full? An exploration of the implications of the Re B‐S judgment on practice in the family courts

The family courts in England and Wales are being significantly reformed in line with the coalition government's aim to speed up the process and increase the numbers of children being adopted from care. In September 2013, the Court of Appeal handed down a judgment, Re B‐S (Children) [2013] EWCA Civ 1146, that has wide‐ranging implications for professional practice and decision making in care proceedings. The judgment challenges the policy direction and provides guidance about what is required before courts can make orders separating children from their birth families, particularly in cases of non‐consensual adoption. In this paper, we outline the changes occurring in the family justice system, some key elements of Re B‐S, and examine the challenges for implementing practice consistent with the requirements of Re B‐S. It is argued that the standards set by Re B‐S are unlikely to be fully implemented without much further attention to the complexities posed by the policy and practice context of social work with children and their families involved in care proceedings.     

What Do Social Workers Need to Know About Mental Health Courts?

Abstract

Mental health courts are an emerging strategy to engage mentally ill offenders in treatment and to avoid unnecessary incarceration. These courts began in 1997 based upon the drug court model; there are currently over 70 courts nationwide. These courts are heterogeneous in structure, work with interdisciplinary teams, and seek to engage the consumer in treatment rather than use judicial sanctions. Social workers are integral members of these teams; yet, no research has been published in social work journals on mental health courts. This article explains the background and context of the courts, describes their features, discusses what social workers need to know about mental health courts, and concludes with ideas for how social workers may work effectively with mental health courts.     

Family preservation and child protection: The reality of Children's Court decision-making

Abstract

Ainsworth and Maluccio (Australian Social Work, December 1998) drew attention to the increased use of kinship care for children who need care away from their parents. This paper discusses the aim of family preservation, on which kinship care is predicated, and the challenges for legal decision-makers to meet this aim when children are before the courts in need of care and protection. It draws from findings of a study of magistrates' decision-making in child protection cases (Sheehan 1999). The paper provides examples of family situations that typically confront the Children's Court in Victoria and the court's response to them as it attempts to balance the importance of family ties and the reality of risk for a child; a reality that challenges valued beliefs about families and their ability to always care for their children.     

Elder Mediation in Theory and Practice: Study Results From a National Caregiver Mediation Demonstration Project

Mediation is a process through which a third party facilitates discussion among disputing parties to help them identify interests and ideally reach an amicable solution. Elder mediation is a growing subspecialty to address conflicts involving older adults, primarily involving caregiving or finances. Mediation is theorized to empower participants but critics argue that it can exacerbate power imbalances among parties and coerce consensus. These contested claims are examined through study of a national caregiver mediation demonstration project. Study implications underscore the importance of gerontological social work expertise to ensure the empowerment of vulnerable older adults in mediation sessions.