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. 91, No. 1, July/August

Canons, Cost, and Competition in STATE SUPREME COURT ELECTIONS
IN early every state that !elects its judges subjects its judicial candidates to restrictions on what they can say or do during campaigns in an effort to protect the integrity and impartiality of the judiciary from the clamor of electoral politics. In...
Dispensing with Deception, Curing with Care: A Response to Judge Dann on Nullification
Jury nullification, defined as occurring when a jury acquits "in the teeth of both law and facts,"1 has stimulated both enthusiastic praise2 and harsh condemnation.3 Although there is no clear account or tabulation of how often juries nullify, the effect...
Examining Defendant Perceptions of Fairness in the Courtroom
Public confidence in the criminal justice system is remarkably low when compared with other institutions. Scholars attribute this to a variety of factors, some of which are largely out of the control of the system itself. These include rising public...
Immensely Useful
Immensely useful Business and Commercial Litigation in Federal Courts, second edition, edited by Robert L. Haig. West/ABA. 2005. 8 volumes, one CD-ROM of forms and jury charges. $1,008.I had occasion to remark in these pages eight years ago (May-June...
"Must Find the Defendant Guilty" Jury Instructions Violate the Sixth Amendment
I presided over jury trials of felony cases during several of my 20 years on Arizona's trial bench. I routinely instructed juries regarding the reasonable doubt standard and that the jurors "must" convict the defendant if they were satisfied that the...
Restore Habeas Review for Guantanamo Prisoners
The sorry history of confinement of foreign nationals at Guantanamo Bay for more than five years has had serious adverse consequences for our country.The American Judicature Society believes that it is well past time for Congress to enact legislation...
Restore Judicial Oversight to Domestic Surveillance
President's ReportThe editorial in this issue calls for legislation to restore the right to habeas corpus for Guantanamo prisoners in the Military Commission Act of 2006 and maintains that, by stripping courts of habeas jurisdiction, "the administration...
What Motivates Judges?
What motivates judges? Judges and Their Audiences: A Perspective on Judicial Behavior, by Lawrence Baum. Princeton University Press. 2006. 256 pages. $29.95In Judges and Their Audiences, Ohio State University political science professor Lawrence Baum...
Why Courts Should Care about Self-Represented Litigants
Pro se representation is a part - a very important part-of the concept of "Equal Justice for All."I have been involved in equal justice issues for about four years now, but I know that some of you have been on the front lines of this fight for decades,...