KHO THƯ VIỆN 🔎

utah-courts-and-procedural-fairness-09-2011

➤  Gửi thông báo lỗi    ⚠️ Báo cáo tài liệu vi phạm

Loại tài liệu:     PDF
Số trang:         42 Trang
Tài liệu:           ✅  ĐÃ ĐƯỢC PHÊ DUYỆT
 













Nội dung chi tiết: utah-courts-and-procedural-fairness-09-2011

utah-courts-and-procedural-fairness-09-2011

40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri

utah-courts-and-procedural-fairness-09-2011ial Work Implicating These Concepts.... 6III.Areas of Appellate Work Implicating These Concepts .. 10IV.Placing the Court’s Role in Context ..........

... 17V.Some Thought s on Measurement of Adherence toProcedural-Fairness Principles for the Purposeof Evaluating Judges.............................. utah-courts-and-procedural-fairness-09-2011

19A.Trial Judges ................................ 19B.Appellate Judges............................. 22VI.Utah's Courtroom-Observation Program ........

utah-courts-and-procedural-fairness-09-2011

.....25Appendix A: Comments of Videotaped Judges............. 30Appendix B: Excerpts from the Utah Judicial PerformanceEvaluation Commission’s Courtro

40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri

utah-courts-and-procedural-fairness-09-2011port Form (2011).............38In the past few years, procedural fairness has emerged as a dominant theme when considering how courts should function

in the United States. Indeed, researcher David Rottman of the National Center for State Courts has called procedural fairness "the organizing theory f utah-courts-and-procedural-fairness-09-2011

or which 21st-centurv court reform has been waiting. ’31 Prepared for presentation at an educational conference of the Utah state courts. September 14

utah-courts-and-procedural-fairness-09-2011

. 2011, Midway, Utah. © Steve Leben 2011- Steve Leben is a judge on the Kansas Court of Appeals and a lecturer at the University of Kansas School of L

40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri

utah-courts-and-procedural-fairness-09-2011(2007-2008).Version 1.1Procedural Fairness in the Courts of Utah2The consideration of procedural-fairness concepts isn’t by itself an adequate checkli

st of what judges or a justice system must do: in addition to procedural aspects, we still need to get the outcome right. And we need to process cases utah-courts-and-procedural-fairness-09-2011

expeditiously, which is not an explicit procedural-fairness construct. But there’s substantial evidence that procedural-fairness concepts best match

utah-courts-and-procedural-fairness-09-2011

what the public looks for from its justice system, and that adherence to procedural-fairness principles improves public acceptance of the courts and c

40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri

utah-courts-and-procedural-fairness-09-2011 research about how adherence to these principles affects public and litigant perceptions. I will then discuss some of the ways these principles may b

e applied in trial and appellate courts. I will close with a brief look at how adherence to these principles is being evaluated in Utah trial courts b utah-courts-and-procedural-fairness-09-2011

y courtroom observers.I. An Overview of Procedural -Fairness Concepts*In 2006, Minneapolis trial judge Kevin Burke and I began work to draft a white p

utah-courts-and-procedural-fairness-09-2011

aper on procedural fairness for the American Judges Association. Kevin had served several terms as chief judge of the 62-judge Minneapolis trial court

40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri

utah-courts-and-procedural-fairness-09-2011al judge. Our paper was based on the extensive research work of psychology professor Tom Tyler and other social scientists, who have demonstrated that

how disputes are handled has an important influence upon people’s evaluations4 For this section. I have drawn liberally on two prior articles I have utah-courts-and-procedural-fairness-09-2011

coauthored with Kevin Burke: Kevin Burke & Steve Leben, Procedural Fairness: .4 Key Ingredient in Public Satisfaction, 44 COURT REVIEW’ 4 (2008) (avai

utah-courts-and-procedural-fairness-09-2011

lable at http://

40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri

utah-courts-and-procedural-fairness-09-2011fact, these researchers have convincingly shown that the public's view of the justice system is chiven more by how they are treated by the courts than

whether they win or lose their particular case.0The American Judges Association approved the proceduralfairness white paper in 2007, and the Conferen utah-courts-and-procedural-fairness-09-2011

ce of State Court Administrators (representing the administrative loaders of the American judiciary) formally endorsed the AeTA’s white paper in early

utah-courts-and-procedural-fairness-09-2011

2008.* 6 So there is growing acceptance in both academia and the justice system that courts must pay attention to procedural-fairness principles.Tyle

40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri

utah-courts-and-procedural-fairness-09-2011ipate in the case by expressing their viewpoint:

40787Considering Procedural-Fairness Concepts in the Courts of Utah1 *Steve Leben-I.An Overview of Procedural-Fairness Concepts...... 2II.Areas of Tri

Gọi ngay
Chat zalo
Facebook