Procedural Fairness

“Dumb on Crime”

Republicans, Democrats, Libertarians, liberals and conservatives, there was support from both the right and the left to dismantle the “war on drugs” and reduce mass incarceration.  For a number of years, citizens have rejected the politicians’ shibboleth of “tough on crime.”  Public opinion polls supported treatment over incarceration, particularly for non-violent crimes.  Prisons were closing,
international drug court training

International Drug Court Training: Judge Hora’s Journey to Australia and New Zealand

JSI Co-Founder Judge Peggy Hora (Ret.) delivered drug court training in Australia and New Zealand, meeting with legal leaders and presenting on best practices. From Melbourne to Auckland, her international work highlights the global impact of evidence-based justice and the growth of non-adversarial court models.
Tagged under: , , , ,
Airline passenger rights

Airline Passenger Rights: What Contracts Reveal About Customer Treatment

When my partners and I created the Justice Speakers Institute, the main goal was to work to improve justice throughout the world but, admittedly, I also wanted the opportunity to travel.  As a result, I purchase a lot of airline tickets flying from Detroit Metropolitan Airport, a Delta hub. I have had my share of
  • Published in Law
Tagged under: ,
Why democracy matters

Why Democracy Matters: Lessons from Flint’s Water Crisis

The number of people claiming that the American governmental system is broken and that it is impossible to fix is growing. Anti-democratic rhetoric is now common. On Twitter, Facebook and other social media, people routinely claim that our founders created a republic, not a democracy, while others express support for rolling back democratic election reforms.
  • Published in Law
Tagged under: , ,
Therapeutic justice

Therapeutic Justice: Integrating Law and Well-Being in Courts

Guest Authors ARIE FREIBERG, Emeritus Professor of Law, Monash UniversityDr BECKY BATAGOL, Senior Lecturer in Law, Monash UniversityBoth Co-Authors Non-Adversarial Justice, 2nd ed, 2014 The Australian published an opinion piece in which Jennifer Oriel argued that that ‘activist judges’ are usurping the role of parliament in promoting non-adversarial justice, therapeutic jurisprudence and restorative justice. The piece is
Legal representation

The Cost of No Legal Representation: Why Access to Attorneys Matters

Jennifer Myers could not pay $91.99 a month in child support. So she was arrested and when brought to court, where without an attorney, she was put in jail for 30 days. According to the coroner she died died in the Macomb County (Michigan) jail from a sepsis infection. However, what she may have really
  • Published in Law
Tagged under:
Flint water crisis

Flint Water Crisis: Can an Island of Honesty Prevent Corruption?

The people of the City of Flint Michigan were poisoned. There is no evidence that this was intentional; rather Flint’s citizens were treated like numbers in an accountant’s ledger, where spending the least money was thought to be the best decision.  It was when members of the Snyder (Governor of Michigan) administration understood that their
  • Published in Law
Tagged under: ,
Therapeutic Jurisprudence

The Judge’s Role in Justice: Therapeutic Jurisprudence in Action

Few would argue that the judge is the most influential person in the courtroom. From increasing positive drug treatment court outcomes to choosing a fair and representative jury, judges cannot only affect the actual outcomes of legal disputes but they overwhelming set the stage for the perception of fairness and justice. Using Therapeutic Jurisprudence in
Tagged under: , , , ,
Hospital liability

Hospital Liability: Understanding Malpractice and Administrative Negligence

Hospital liability arises from two separate and distinct sources. The first comes from malpractice committed by medical staff and the second arises from the negligence of administrative staff.   The legal theories behind these two sources of litigation are different and can cause confusion for hospital administrators. While a hospital’s liability for the negligence of its
Procedural fairness

The Role of the Judge: Procedural Fairness and Drug-Treatment Courts

The factors that make up a successful Drug Treatment Court (DTC) are diverse, but the emerging research demonstrates, beyond a reasonable doubt, that the interaction between a judge and a participant is central to that success[1]. The bond between participant and judge is not solely dependent upon the judge’s personality but rather upon the nature
  • Published in Law