Abstract
This paper discusses and evaluates the effects of pre-adjudication restraint on deterrence and recidivism.

Tags:bail, detention, incarceration, offender, preventive, probation

Abstract
In this article the author examines the issues surrounding the challenge to an adjudicator's decision. He begins with the job of an adjudicator and how this job developed and what boundaries an adjudicator has. The author quotes many case studies as examples of where an adjudicator can be challenged and what legal right he has to uphold his decision. The paper concludes with the anomalies as he sees it, in the law.
Introduction
Exceptions
Challenges on the Jurisdiction of the Adjudicator.
Natural Justice
Human Rights Act
Other Case Laws
Conclusion

From the Paper
"The courts recognize the limitations of the process, but there have been one or two cases recently in which the TCC has taken a dim view of the way in which adjudicators have actually conducted adjudications, particularly where the adjudicator has been in direct discussions with one party without involving the other. Where the judge has found that there has been a breach of the rules of natural justice, the judge has refused to enforce the adjudicator's decision. "

Tags:negotiations, leagal, litigate, conduct, judgement

Abstract
This analytical paper discusses Ronald Dworkin's concept of Integrity, first introduced in "Law's Empire". This essay discusses its usefulness and necessity within the context of his wider theory of adjudication. A law paper, this essay is divided into various sections to use articles, cases and theory to explain the notion of Dworkin's concept of Integrity.

Outline:
Introduction
Dworkin's theory of Adjudication in brief
"Integrity" and its origins
Adjudicative integrity as applied to Dworkin's theory
Integrity and constructive interpretation
Integrity and the "one right answer" theory
Conclusion

From the Paper
"Dworkin constructs much of his theory as a critique of Hart's Concept of Law - "the most influential model of contemporary positivism, which saw law as consisting of rules with gaps in those rules being filled by judicial discretion."1 He notes that those gaps occur more often than Hart would lead us to believe, and therefore largely concentrates his theory of adjudication, as set out in Law's Empire, on what he calls "the question of repair" - what judges should do in the absence of law.2 It is this aspect of Dworkin's work which will be the focus of the present analysis since it is the most relevant to his concept of "integrity".
"Dworkin completely rejects what he calls the "plain-fact" view of law - that the law is as it has been decided by legal institutions in the past, and "in no way depends on what it should be."3 [emphasis added] Instead he argues a theory of constructive interpretation, whereby a judge who is faced with a gap in the law does not simply use his own discretion, but interprets what the law should be within certain constraints."

Tags:Law, Jurisprudence, Dworkin, Integrity

Abstract
This paper looks at the doctrine of judicial precedent in the process of adjudication and legal reform in the legal system in England and Wales. Judicial precedent is an important element of the Western legal system, but it is not in continental civil law systems. In particular, it discusses how the judiciary has received much criticism in the procedure of precedent.

From the Paper
"The historical power struggle began in the 17th century between the legislature and the Crown (Stuart Monarchy) and ended with Parliament becoming an independent in the power of making law in the name of the Crown. Nowadays, the ultimate power of making new law lies with the primary legislature (Parliament). Parliament has the capability of authorising and altering laws and as Parliament is an elected house, the power is given through democracy, but this is not so in the House of Lords because they are not an elected chamber. The House of Lords has received proposals for reform and those proposals are to modify the traditional form of the Life Peerages Act 1958 and the Peerage Act 1963. "

Tags:House, of, Lords, Parliament, ratio, decidendi

Abstract
The paper discusses the flaws in traditional court systems and juvenile justice courts alike and then shows how alternative adjudication, restoration and rehabilitative processes have proven to have positive outcomes in reducing recidivism. The paper focuses on peer courts, family group counselling (FGC) and the Behavior Management Through Adventure project (BMTA). The paper considers the past and potential recidivism rates for youth processed through the juvenile justice system, and opines that if our goal is to impact crime rates and provide hope for future generations, a punitive approach should never be the first method of control.

From the Paper
"The criminal justice system has grappled with various approaches to dealing with delinquency and fluctuated over time with prevention methods, limiting or altering exposure to formal courts systems, rehabilitative, restorative, or retributive strategies. Preventative measures have typically been community-based, non-justice turf approaches aimed at teaching children the woes of deviance and directing them in more healthy lifestyles. Alternative adjudication processes have diverted youth away from traditional stigmatizing systems that serve to reinforce the deviant label. In attempting to develop a suitable sentencing structure for deviant youth, three basic approaches have evolved: the retributive or punitive perspective that maintains a stance based on just deserts and argues a tough-on-crime agenda as a means of effectively dealing with delinquency. Another is the rehabilitative approach, which focuses on repairing behavioral conditions and creating individuals who contribute positively to society; while restorative justice perspectives seek resolution between offenders and victims."

Tags:alternative, adjudication, restoration, rehabilitation, recidivism, peer, courts

Abstract
This paper presents a review of literature that illuminates the many complexities in the decision to try a juvenile as an adult and the legislative move to make this possible in the courts. The paper states that the question of any criminal adjudication, justice and management system's applicability to children has long been a source of conflict in every civilized society. The paper explains that recently, the issue hit the forefront of American consciousness with the recent spate of court decisions culminating in a Supreme Court directive dealing with the illegality of the death penalty for minors.
Outline
Introduction
The Case before the European Court of Human Rights
American Conflicts of Minors' Adjudication as Adults
Kentucky's Grave Concerns
Conclusion

From the Paper
"Indeed, juvenile delinquency, including violence, is on the rise distinctly, but the cases of children committing homicides remains rare.(Justice, 1996]) Although the acts and distinctions of minors who commit homicides are heterogeneous, all of these minors are very disturbed, and exhibit extremely elevated rates of neuropsychological abnormalities, weak impulse control, educational failure and truancy. (Wolff, 2001)
Studies have demonstrated that all of these minors who commit homicides have experienced strong family adversities: domestic violence, neglect, child abuse, substance misuse, maternal depression and lack of fathers.(Bailey, 1996) Since homicide committed by children is so rare, population approaches to prevention are not at all realistic as a result."

Tags:homicide, children, courts

Abstract
The paper discusses how there are no black-and-whites when it comes to human behavior. For example, it is not always to determine at what point yelling at a child becomes emotional abusive or when spanking turns into something physically violent. The paper looks at the difference between spanking and serious physical abuse. The paper contends that more progress needs to be made in terms of adjudication and the legal system. The paper examines the statistical reporting of child abuse and considers whether child abuse is over or under-reported. The paper concludes that as long as many inconsistencies exist with the law, it is necessary for the judicial system to look at sentencing on a case-by-case basis.

Outline:
Introduction
Definition of Child Abuse Prevention and Treatment Act
Spanking Versus Serious Physical Abuse
Study by Baumrind Showing Most Parents Spank Without Ill Impact on Children
Statistical Reporting of Child Abuse Numbers
Disagreement of Over/Under-Reporting of Child Abuse Claims
Investigative/Tool Inconsistencies
Racial/cultural Misrepresentations
American Psychology Association Recommendations
Suggested Actions to Take to Improve Child Abuse Adjudication Problems

From the Paper
"However, even within the law there are blurry areas, such as how does one define the word "serious"? Is it necessary, for example, to reprimand parents who spank their children? Is this a "serious" crime? In her article "Parents May Be the Ones Needing Spanking," Pitts cites a study by Dr. Diana Baumrind, a psychologist at the University of California at Berkeley, who followed 164 middleclass families from the time their children were in preschool until their 20s. Results showed that most of the parents used some form of corporal punishment, but giving a mild spanking--defined as openhanded swats on the backside, arm or legs--did not leave their children scarred for life. Although Baumrind opposes spanking, she was able to make a distinction between minor punishments such as spanking and harsher variations including shaking and blows to the head or face."

Tags:protection, minors, physical, discipline, corporal, punishment

Abstract
The objective of this paper is to evaluate what type of impact judicial review has had on Canada's representative democracy by tracing its evolution. Although it is tempting to focus closely on the more controversial and obvious relationship between judicial review and the Charter, this paper will endeavor to highlight the implications of binding adjudication on issues dealing with the distribution of legislative power since 1867.

Tags:judicial, review

Abstract
Those individuals who suffer or are harmed from juvenile crime have, in the past, been excluded in the adjudication (specifically the sentencing) of their cases for reasons of confidentiality rights accorded to accused juvenile offenders. This paper examines a change in that trend for the development of policies and practices that will not only prosecute those juveniles who have committed offenses, but to include those who have been victimized in the court procedures.

From the Paper
"In the adjudication of juvenile criminal offenses, the juvenile court should consider a number of factors. In the case of minor offenses, the court should be concerned with providing a sentence which best attempts to protect the community (i.e., with respect to both punitive and restorative justice). However, in the case of serious or violent criminal offenses, in addition to attempting to protect the community, there is a need to consider the rights of those who are the victims of juvenile crime."

Tags:adjuction, procedure, justice, community, witness, victim, rights, politics, children

Abstract
There are at least three counties in the State of New York that have enacted laws or implemented polices allowing for the seizure and forfeiture of privately-owned automobiles upon arrest for a Driving While Intoxicated (DWI) offense. In some counties vehicle seizures are made upon a defendant's first arrest for DWI. In every county, seizure of a defendant's vehicle precedes an adjudication of guilt. After the paper compares the laws between the three New York counties, it examines important Constitutional issues which have arisen from these policies.

From the Paper
"Like New York County (City), Nassau County also utilizes a currently existing Code section concerning the disposition of property held by the property clerk as authority for and enforcement of the DWI vehicle forfeiture. Among all three counties examined here -- New York, Nassau and Suffolk (Suffolk County has adopted separate, offense-specific legislation) -- the rationale for application of vehicle forfeiture to DWI is that, since a vehicle is a necessary element of a "Driving While Intoxicated" charge, it is thus an "instrumentality of a crime," and is therefore governed by local law dealing with property disposition held by the property clerk of the local police department."

Tags:Nassau, Manhattan, Suffolk, Eighth, Amendment