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NCJ Number: 67380 Find in a Library
Title: ROLE OF THE JUDGE IN SOCIETY - A COMPLEMENTARY LITERATURE REVIEW ON BEHALF OF THE STATE COMMITTEE CONCERNED WITH JUDICIAL REORGANIZATION
Author(s): O R DELANGE
Corporate Author: University of Alberta
Dept of Sociology
Canada
Date Published: 1977
Page Count: 104
Sponsoring Agency: University of Alberta
Edmonton, Alberta T6g 214, Canada
Format: Document
Language: Dutch
Country: Netherlands
Annotation: A SUPPLEMENTARY REPORT TO THE 1973 STUDY ON THE ROLE OF JUDGE IN SOCIETY REVIEWS DUTCH PUBLICATIONS ON THAT SUBJECT FROM 1973 TO 1977.
Abstract: THE FINDINGS OF THE NEW LITERATURE ARE COMPARED TO THE FINDINGS DISCUSSED IN AN EARLIER REPORT. LITRATURE ON THE FUNCTION OF LAW EXPLORES THE MEANING OF 'THE LAW' AND THE EXISTANCE OF VARIOUS TYPES OF LAW IN PRACTICE, AS WELL AS THE CONNECTION BETWEEN INDIVIDUAL IMAGES OF SOCIETY AND VIEWS OF THE LAW. STUDIES ON THE ROLE OF THE JUDGE FOCUS ON THE JUDGE AS FORMULATOR OF LAW, THE IMPORTANCE OF THE INDEPENDENT POSITION OF THE JUDGE, THE ROLE OF THE JUDGE IN RESOLVING CONFLICTS, AND THE RELATIONSHIP BETWEEN THE JUDGE'S FUNCTIONS AS PROTECTOR OF THE LAW AND OF SOCIETY, AS WELL AS THE JUDGE'S RELATIONSHIP TO OTHER ELEMENTS IN THE CRIMINAL JUSTICE SYSTEM (E.G., THE PUBLIC PROSECUTOR'S OFFICE). JUDICIAL DECISIONS ARE DISCUSSED AS POLITICAL ACTIVITY AND FROM THE MARXIST PERSPECTIVE, INTERPRETATING CLASS INJUSTICE AS RESULTING FROM JUDICIAL DISCRIMINATION. ALSO COVERED ARE THE EFFECTS OF THE JUDGE'S SOCIAL AND POLITICAL ORIGINS ON HIS OR HER DECISIONS AND THE COMMUNICATION BETWEEN JUDGES AND INDIVIDUALS STANDING TRIAL. STUDY FINDINGS SUGGEST THAT THERE ARE MARKED DISCREPANCIES BETWEEN THE LAW ON THE BOOKS AND LAW AS APPLIED IN PRACTICE; THESE SHOULD BE EXPLORED IN DEPTH. FURTHER RESEARCH SHOULD ALSO BE CONDUCTED ON DEFENDANTS' ATTITUDES TOWARD THE JUSTICE SYSTEM. A CENTRAL THEME OF ALL THE STUDIES IS HOW TO INCREASE TRUST IN THE SYSTEM FOR THE ADMINISTRATION OF JUSTICE. FACTORS AFFECTING TRUST POSITIVELY ARE THE ACCEPTABILITY OF JUDGES' DECISIONS, THE INTELLIGIBILITY AND EFFICIENCY OF COURT PROCEEDINGS, THE EFFECTIVENESS OF THE WHOLE JUDICIAL ORGANIZATION, AND THE QUALITY OF LEGAL ASSISTANCE. JUDGES CAN RAISE THE LEVEL OF PUBLIC TRUST IN THE JUDICIARY BY AN AWARENESS OF THE PREJUDICES WHICH THEY HAVE ACQUIRED FROM THEIR OWN SOCIAL GROUPS. A BIBLIOGRAPHY IS SUPPLIED.
Index Term(s): Judges; Judicial conduct and ethics; Judicial decisions; Judicial process; Literature reviews; Marxism; Netherlands; Public Attitudes/Opinion; Social classes
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67380

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