The Court of justice of the European Union as an Administrative Court The aim of this thesis is to analyse the role of the Court of Justice of the EU as an administrative court with respect to the defined characteristics of administrative justice. The issue of administrative justice at the EU level is defined in relation to individuals (natural or legal persons) as non-privileged applicants. The first introductory chapter defines theoretical concepts and specifications of administrative justice which are necessary for further analysis. After a short introduction, the second chapter is focused on the analysis of the historical development and ongoing reforms of the Court of Justice of the EU in relation to its function as administrative court (institutional aspect), while identifying the French administrative justice model as a key inspiration for the initial model of judicial review. The issues of the ongoing reforms are important not only to describe the development of the Court of Justice as an administrative court, but can also serve as an inspiration for solving current problems of national administrative courts. The third chapter deals with the jurisdiction of the Court of Justice of EU with regard to proceedings initiated by individuals' actions (material aspect). Furthermore, actions for...

This study examines the agenda setting and decision-making behavior of the United States Supreme Court from 1888 to 1989.

This investigation sought to identify linkages between the Texas Supreme Court and public opinion through 1) a matching of written decisions with scientifically conducted public opinion polls; 2) direct mention of public opinion and its synonyms in Texas justices' decisions; 3) comparison of these mentions over time; and 4) comparison of 10 personal attributes of justices with matched decisions. The study moved the unit of analysis from the U.S. Supreme Court to the state court level by using classification schemes and attribute models previously applied to the U.S. Supreme Court. It determined that linkages exist between the Texas Supreme Court's written decisions and public opinion from 1978 to July 1994.

A determination was made of the degree to which the four requirements of Gault were met in District I of the Utah Juvenile Court between July l, 1967 and June 30, 1969. The requirements handed down in 1967 by the U. S. Supreme Court were as follows: (a) guarantee to the right of notice given to the juvenile himself and to his parents; (b) right to counsel , representation by counsel in juvenile delinquency proceedings; (c) right to confrontation and cross-examination by prosecuting witness; and (d) privilege against self- incrimination in juvenile delinquency proceedings. Observable procedures indicate that sustained effort is being made by District I, Utah, toward affording protection of basic legal rights to juvenile court clients and their families. However, the juvenile court records, as the source of information for this study, show the four requirements of Gault as being met only in part during the period of time specified. It was also found that, with only two changes, the Utah Juvenile Court Act of 1965 would have already been fulfilling, in Utah, the requirements provided by the subsequent 1967 U.S. Supreme Court decision on Gault. These two recommended changes were, first, a provision requiring that it be recorded whether or not the child was notified of his rights; and second, that a provision be added to record the name of the complainant, his presence, and if his testimony was used during the proceeding.

The present study examined felony mental health court and mental health probation used in conjunction and whether those on mental health probation had a reduced rate of rearrest and psychiatric hospitalization as compared to participants on regular probation or not on either form of probation. The research explored whether specific variables predicted a reduced rate of hospitalization and arrest among the participants on mental health probation. Results found mental health probationers did not significantly differ from the probationers in their rate of rearrest, and were rearrested more frequently then participants not on probation. Mental health probationers did not differ significantly from regular probationers or those without probation in psychiatric hospitalization frequency. Within the mental health probationers type of crime, presence of a violent crime, age, gender, education level, history of substance abuse, prescription of psychiatric medication, diagnosis, mental retardation and prior psychiatric hospitalizations did not predict arrest. The above variables also did not predict psychiatric hospitalization, with the exception of a history of psychiatric hospitalization which predicted a higher rate of hospitalization while on mental health probation. Factors influencing these results and limitations of the present study were offered.

The purpose of this research study is to understand the characteristics of the people arrested for felony charges and transferred into the Broward County Felony Mental Health Court (FMHC) program. This research project will review previously collected data on the subjects who participated in the FMHC program between January 2007 and September 2008, and who were diverted to a residential dual-diagnosis program. Problem-solving courts have been developed in many states as a way to effectively restore offenders and reduce recidivism (Stefan & Winick, 2005). The goal of mental health courts is to prevent criminal behavior and recidivism by accommodating necessary mental health services to those who need it. However, most offenders placed in a mental health program commit new violations or offenses. A frequent question that is raised when evaluating mental health courts is whether they are successful in allocating resources for mentally ill defendants, as well as whether jail diversion programs are effective in preventing recidivism or rehabilitating mentally ill offenders. The difficulty to find answers for those questions may be due to the diversity of each jurisdiction's population, complexity of mental illnesses and differences in each unique jail diversion program. Some reports state that in contrast to drug courts, current mental health courts seem to lack resources to assess the participation of services mandated (Steadman, Davidson & Brown, 2001.) In this current study, the data collected on the subjects is comprehensive and include criminal, family, trauma, abuse and psychiatric histories. The levels of compliance were taken from re-arrests records including new crimes and violations of probation for up to two years after entering the jail-diversion program. This study is seeking to investigate the relationship between recidivism and different diagnoses, types of trauma experienced as a child as well as trauma scales from the Trauma Symptom Inventory (TSI.) It is hypothesized that elevated scores on trauma scales as well as early exposure of abuse will be related to high recidivism among a subset of participants in the mental health court program.

No description available.

The purpose of this study was to analyze the influences such as age at current offense, gender, race, previous convictions, and the seriousness of crimes that contributed to the decisions received by juveniles in adult court. This study examined a secondary data set from the United States Department of Justice entitled Juvenile Defendants in Criminal Courts (JDCC): Survey of 40 Counties in the United States, 1998. The cases from these 40 jurisdictions represented all filings during one month in 75 of the most populous counties. The current study found significant differences among race, prior criminal history, current offense severity, and juveniles adjudicated in adult court. Future research should therefore continue to examine the impact of juveniles adjudicated in adult court to better inform the debate surrounding the potential dangers associated with juvenile offending and adult criminal sanctions.

Over the last 30 years, the justice system has increased attention toward domestic violence. In many states, the emphasis has emerged to a specialization, separate dockets and specially trained judges (Center for Court Innovation 2009). Domestic violence courts have evolved, however the Ninth Circuit Court in Orange and Osceola County has yet to adopt this concept. At present, the Osceola County Courthouse utilizes the Unified Family Court (UFC), an integrated comprehensive approach which handles all cases simultaneously addressing the families involved in disputes, as well as the adults and the children of domestic violence. The Orange County Courthouse on the other hand, has the court rooms on one designated floor of the Orange County Courthouse which is dedicated to domestic relation’s cases. There are (3) specialized judges for domestic violence cases which rotate every (6) months. This thesis will explore the different challenges that are faced by the judicial system in domestic violence courts in Orange and Osceola County. One of those challenges is that there is no set “model” to develop a consistency in practices and policies; therefore there is no mutual understanding or agreement for the purposed outcome. With the study of case law, statutes, court research, court observation, and goal assessments, this thesis will explore the possibilities of change in this court system. The purpose of this study is to contribute awareness, present recommendations to the legal system, and state that it is not enough -although critical- to focus on the victim’s safety and the offender accountability, but also it is crucial to place an emphasis on specially trained judges and stakeholders in order to create a more unified structure.

No description available.