Judicature

A forum for fact and opinion relating to all aspects of the administration of justice and its improvement. Contains articles, news, and letters related to legal field.

Articles from Vol. 88, No. 5, March/April

A Flawed Study
A flawed study Wild Bill: The Legend and Life of William O. Douglas, by Bruce A. Murphy. New York: Random House. 2003. 716 pages. $35.00.Wlliam O. Douglas holds the record for the longest tenure of any Supreme Court justice-from 1939 to 1975. He also...
A Primer for the Layman, and a Must-Read for Journalists
A primer for the layman, and a must-read for journalists Media and American Courts: A Reference Handbook, by S.L. Alexander. ABC CLO. 2004. 300 pages. $50.Covering the Courts: A Handbook for Journalists, second Edition, by S.L. Alexander. Rowman &...
BAIT AND SWITCH: The Press and Pledge Case
The case had all the makings of a major precedent: a controversial religion question, a U.S. Supreme Court divided on the subject of church and state, and the political fury of a huge swath of America. But when the decision in Elk Grove Unified School...
Forensic Psychiatric Diagnosis UNMASKED
The forensic use of psychiatric diagnoses in expert testimony by psychiatrists and psychologists is common. But what role should diagnoses play in psychiatric and psychological testimony? When do diagnoses assist and when do they confuse in the forensic...
Improving Courthouse Security
The National Center for State Courts has released a 10point blueprint for improving safety and security in state courthouses.As an outcome of the terrorist attacks of September 11, 2001, and in response to urgent mandates from states to review all safety...
Political Assault on the Justice System
"The time will come for the men responsible for this to answer for their behavior." House Majority Leader, Tom DeLay, after the death of Terri Schiavo.It is time to "bring the courts back to heel [and] maybe remove some of their feeding tubes. " U.S....
Psychological Evaluation of Death Row Inmates
The death row psychologist works with persons who have been or might be given a death sentence-providing therapy, interviewing family members, and giving psychological tests. These tests, referred to as "death row exams," are used to help answer important...
Self-Help Centers Improve Access to Justice
According to a report by the California Task Force on Self-Represented Litigants, self-help centers in state trial courts are helping thousands of Californians who need legal assistance and cannot afford an attorney. The task force evaluated five self-help...
Sentencing Reform in the Wake of Booker
Both judges and members of Congress should react cautiously to the new sentencing landscape after Booker.Supreme Court decisions in 2002 and 2004 raised questions about the use of judge-determined facts injury trials to increase the length of sentences...
The Role of a Judge in a Democracy
The judge's job is to achieve a delicate balance between the needs of the public and the rights of the individual.In Hebrew, Jerusalem means the city of peace. But peace seems quite remote. By now there is almost war. What is our role as judges these...
Triage in Appellate Courts: Cross-Level Comparison
Both the Supreme Court's denial of certiorari and U.S. courts of appeals' non-publication perform the function of helping cope with caseloads. Recognizing and drawing on the parallels may show the value of comparison among courts at different levels...