abstract: Procedural justice has become a widely researched topic in the criminological field with applicability to multiple arenas, including policing, corrections, and courts. Its main tenents suggest that through fair treatment, respectful dialogue and being given a proper voice, citizens will view their experiences with authority more justly. However, though the literature regarding procedural justice has grown immensely, it is still unclear whether certain characteristics of individuals, such as gender and mental health, play a role in their perceptions of procedural justice. Using secondary data originally collected for Rossman, Roman, Zweig, Rempel and Lindquist’s Multi-Adult Drug Court Evaluation (MADCE), an attempt is made to address the previously neglected association between procedural justice, gender, mental health and the added aspect of specialized drug court participation. Results suggest that both gender and mental health, namely depression, play a significant role in predicting procedural justice. Additionally, being a drug court participant was significantly related to higher levels of perceived procedural justice. Implications for theory, research, and policy are discussed. / Dissertation/Thesis / Masters Thesis Criminology and Criminal Justice 2016

While scholars have focused on the importance of the landmark decisions of the United States Supreme Court and its Chief Justice, John Marshall, in the rising influence of the federal justice system in the early Republic, the crucial role of the circuit courts in establishing uniformity of federal law and procedure across the nation has largely been ignored. This thesis seeks to remedy this lack of research on circuit courts by revealing the central role of their presiding Supreme Court justices in the successful development of a national court system drawn up from the ‘inferior’ courts rather than down from the Supreme Court to the lower jurisdictions. This thesis argues that, at a time when the Supreme Court had few cases to consider, all of the nation’s law was formulated by the lower courts; with very few decisions appealed, the circuit court opinions were invariably accepted as final, settling the law for each circuit and for the nation if followed by other justices. Therefore, in the early years, it was the circuit experience and not Supreme Court authority which shaped the course of United States law. This thesis contributes to an understanding of this early justice system because of its focus on and the depth of its research into the work of the circuit courts. Through detailed analysis, it reveals the sources used by the justices to influence the direction of the law and, by its reading of almost 2000 cases tried by four prominent Marshall associate justices, presents insights into momentous issues facing the Union. The thesis examines the generality of the circuit work of each justice but pays particular attention to the different ways in which each contributed to the shaping of United States law. Understanding the importance of the role of the circuit courts leads to a more informed reading of early American legal history.

Pas de résumé / Doctorat en droit / info:eu-repo/semantics/nonPublished

Magister Legum - LLM / The new Kenyan constitution has introduced an immediate monist approach of implementing international legal standards. Accordingly, the transformation from dual to monism will necessitate a discussion of theories of incorporation of international instruments into national laws. This will set the basis of what method Kenya should follow. This paper attempts to address potential procedural problems with implementing the Rome Statute in a new monist Kenya and will argue that as a precautionary measure during the country’s transition any deviation, by the court, from national law will require articulation and justification under an international framework. It will include a review of the Kenyan International Crimes Act 2003 (ICA) and its adoption into the domestic law of Kenya. It will also include examination of previous situations where domestic courts have applied international law standards in domestic trials before and after the monist Constitution of 2010. This paper aims at assessing the key challenges to the effective implementation of the Rome Statute in Kenya both objectively and substantively. It examines the challenges facing the Kenyan courts in relation to the exercise of universal jurisdiction and the criminalization of international crimes. It will seek to point out the weaknesses and conflict between the Kenyan constitution, The International Crimes Act and the Rome Statute. The ICA was silent on some aspects of the Rome Statute and the paper will attempt to discuss these issues and what they portend in the implementation of the Rome statute in monism. It will also discuss the effect of the new constitution on the practical operation of the Rome Statue. The operational capacity of institutions mandated with practical implementation of the Rome Statute will be examined. It will further seek to ascertain whether the laws and policies reflect Kenya’s commitment to international criminal justice. By way of conclusion, the paper will create a possible inventory of issues, which might arise in Kenya’s prosecution of International crimes under the Rome Statute, and suggestions on how such issues could best be addressed.

Magister Legum - LLM

The subject of the thesis is an evaluation of the existing juvenile court services in British Columbia. The objective is to assess whether the intent of the founding legislators has been realized, and also whether the court achieves currently-recognized standards in its organization and operation. The legislative intent underlying the Juvenile Delinquents Act of Canada, and the Juvenile Courts Act of British Columbia is defined, in so far as this is possible. References are cited on standards for the organization of the court, judges, probation officers, diagnostic and treatment facilities, and juvenile court committees. A descriptive account of the juvenile court in British Columbia is built up from interviews with officials of the Provincial Probation Service and the Vancouver Juvenile Court, reports of the activities of various services associated with the juvenile court, and correspondence with the Attorney-General's Department. The evidence gathered indicates that one of the primary purposes behind the original formation of the juvenile court in Canada, the keeping of children out of adult jails, has not yet, been achieved in British Columbia, except in the largest urban centres. It shows too that the courts, which have been legally established in a very large number of communities, lack any well-defined standards for the appointment of judges, and any objective means for ascertaining the suitability of those who are appointed. Probation services, vital to the effective operation of the court, are non-existent in some areas, and carry excessive work loads where they do exist. The diagnostic services available to the courts do not measure up to suggested standards. The study also shows that institutional treatment facilities are limited in scope, restricted in programme, and overcrowded. Except for the probationer, no other non-institutional treatment resources are available on a formally-organized basis. The evaluation shows a need for broad legislative changes which would make possible the attainment of high standards of performance. One possible way is through the creation of district courts with full-time judges. The study shows the need for defining qualifications for judges and other court personnel, and establishing means of achieving these standards. It shows too the need for periodic post-enactment evaluations of legislation to determine whether statutes are achieving the purposes for which they were enacted. / Arts, Faculty of / Social Work, School of / Graduate

The federal Juvenile Delinquents Act of 1908 confirmed and expanded upon an inferior civil status for Canadian children and young people. Using the vehicle of a special children's court designed to protect its clientele with such innovations as private hearings and informal evidence, legislators denied the benefit of traditional legal protections to children. The rationale for these changes was the assumption that wayward children were incontrovertibly criminalized by contact with the regular court system and with adult offenders. Proponents of the new juvenile court system believed that a paternalistic probation officer who kept a close watch on the child and its family would provide an effective alternative to the cycle whereby juvenile offenders became irreversibly committed adult offenders. This thesis examines the day-to-day operations of the Vancouver Juvenile Court, one of the pioneer Canadian children's courts, with a view to testing some of these premises. Files were compiled on all juvenile males who came before the court during its first five years of operation. A computer analysis was made of the cases to determine how different variables, such as the child's home situation and who initiated his initial contact with the court affected handling of the cases. It was found that the Vancouver Court did not function as its promoters had intended. Children were still frequently picked up by police and held in regular police cells for varying lengths of time. They were subjected, further, to frequent and lengthy periods of detention in the Court's Detention Home. Instead of being the subjects of an exhaustive examination by a fatherly judge, their cases were decided, occasionally over the telephone and usually after only the most cursory consideration, by a police magistrate after his other duties were completed. Almost all male offenders who came into contact with the Court were formally charged. Of these, fewer than half were brought back for a subsequent offence. Most of those who did return to Court on one or more new charges were brought in for either the same or lesser orders of offences than their first charges. Many repeating offenders were brought forward on charges arising directly out of the settlements of their first cases. The Juvenile Court thus may have either succeeded in breaking the presumed cycle whereby boys arrested on a single charge went on to commit more frequent and more serious offences, or it may have actually inflated the numbers of offenders by causing the arrest of boys whose minor misbehaviours might otherwise have been overlooked. The Court's influence went beyond the power it held over its wards. Families, friends, teachers and employers of the boys were also brought under the control or influence of the probation officer as part of his efforts to control their environments. In a larger sense, the entire community was affected by Court campaigns for new bylaws to control children's activities. The Juvenile Court served a social function by enforcing a standard period of dependency for all children without regard to their personal and/or their parents' wishes in the matter. The lengthier childhood had always existed in law, but Court enforcement and elucidation of the issue made it a matter of wider practice as well. The Juvenile Court also functioned as an economic institution in that it controlled both the occupations of its wards and the regularity with which those occupations were practiced. It played a similar role for parents who came under its power. The evidence suggests that in both its social and its economics functions, the Court was acting in full compliance with the wishes of the general community. / Arts, Faculty of / History, Department of / Graduate

The prevailing political theory of late medieval England established the wealthiest men as the best able to bear the responsibilities of town governance and protect the common good of the community. Examining three middling towns in Greater East Anglia: Colchester, Ipswich, and Great Yarmouth, this study explores the relationship between the ruling elite and other inhabitants of their towns. Although the ruling elite were distinguished through their wealth and power, they were also active members of their community. Not only did they act to protect the economic and political interests of the community, but they were also invested in their local economies and connected to the other members of their community through legal structures and trust networks. Economic and political circumstances, however, impacted the development of these relationships. Great Yarmouth’s reliance on the highly competitive herring industry created a closely connected ruling elite, whose frequent actions together in defense of the town’s common good along with their regulation of the trade to the benefit of their own self-interests solidified their rule. In contrast, Colchester and Ipswich’s reliance on the cloth industry, which expanded in the late Middle Ages, created a number of opportunities for the ruling elite outside the town resulting in a higher turn over within these towns’ ruling elite. Although they acted to protect the jurisdictional boundaries of the town and were connected to other inhabitants of the town through trust networks, these connections were weaker than in Great Yarmouth. Local circumstances are essential to understanding how late medieval towns were governed.

A study in the effects of the solicitor general on judicial deference to the executive branch at the state court level. There has been significant research done into the development of judicial deference, but it almost always takes place at the Supreme Court. Similarly, the Solicitor General’s success rate has only been analyzed at the federal level. Recently there has been a trend of states creating Solicitor General Offices in order to gain the advantage perceived at the federal level. By comparing the level of deference state courts give to their executive branch over two time periods I determine that although the Solicitor General does impact deference, the impact isn’t immediate. The states with the strongest level of deference were the states that have had Solicitor Generals for a significant amount of time before the analysis. States where the office was created I between the two time periods do experience heightened deference, but at a lower level. This paper seeks to fill the gap in judiciary research where the majority of the focus is on the Supreme Court, which although very important does not give a comprehensive understanding of the US judicial branch.

Dans un contexte économique mondialisé et caractérisé par une succession de crises environnementales, sociales et sanitaires, le développement relativement récent des circuits courts alimentaires témoigne d’un changement majeur de la perception du consommateur en matière de consommation locale et éthique. Parmi ces circuits, les Associations pour le Maintien d’une Agriculture Paysanne (AMAP), qui s’inscrivent dans un commerce équitable local, constitue un mode d’approvisionnement de plus en plus privilégié par les consommateurs. Ce travail de thèse, grâce à une démarche ethnomarketing d’immersion longue sur le terrain de recherche, vise à comprendre en profondeur la signification de la consommation amapienne. Les résultats émergeant du terrain nous amènent d’abord à discuter du concept de proximité, à travers la mise en lumière du lien entre la proximité, la confiance et la réassurance alimentaire. Ils nous permettent, ensuite, de mettre en lumière une quête de réenchantement de la consommation, qui passe par une valorisation de l’acte d’achat simple et ordinaire et une recherche d’hédonisme dans l’expérience de consommation, par un réenracinement de l’individu à travers la recherche de lien et d’authenticité par la consommation, et par une quête de spiritualité. Enfin, ils nous conduisent à mettre en évidence un empowerment du consommateur amapien, dont la prise de pouvoir passe à la fois par la collaboration à la production de l’offre de marché, et par une consommation socialement responsable pouvant rejoindre, pour certains amapiens, une résistance, par et à la consommation. / In an economic context of globalization characterized by a succession of environmental, social and health crises, the recent development of alimentary short supply chains illustrates a major change in the perception of ethic and local consumption. Among these supply chains, the AMAPs, Associations for the Preservation of Local Farming, are grounded in local fair trade and constitute an increasingly privileged mode of supply. Based on ethnomarketing method, of long period immersion on the research field, this thesis aims to a thorough understanding of amapien's consumption. Emerging results lead us to first discuss the concept of proximity, through highlighting the link between proximity, trust and alimentary reassurance. Second, allow us to highlight a quest for the reenchantment of consumption, that requires the valorization of the act of simple buying and a quest for hedonism in the experience of consumption, the rooting of the individual through the quest of link and authenticity by consumption and finally a quest for spirituality. Finally, these results brought to light the empowerment of the amapien consumer, who takes power by participating to the shaping of market offer, and thanks to a socially responsible consumption, that may be connected, for some amapiens, to a resistance through and to consumption.