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نتیجه جستجو - Judges

تعداد مقالات یافته شده: 37
ردیف عنوان نوع
1 Knowledge of Opioid-induced Respiratory Depression Among Chinese Healthcare Professionals:A Cross-Sectional Study
شناخت افسردگی تنفسی ناشی از مواد مخدر در میان متخصصان مراقبت های بهداشتی چینی: یک مطالعه مقطعی-2021
Purpose: The purposes of this study were to measure knowledge about opioid-induced respiratory depression (OIRD) among Chinese healthcare professionals and to explore the associated factors that influence Chinese healthcare professionals’s knowledge
Methods: A cross-sectional survey was conducted. A convenience sample of 90 0 Chinese healthcare professionals from 21 provinces, 4 municipalities, and 4 a utonomous regions was used. The OIRD knowledge questionnaire, which is a s elf-designed questionnaire based on evidence, was used to judges the degree of knowledge among Chinese healthcare professionals according to the accuracy r ate. The questionnaire included questions on 6 dimensions of knowledge. Socio -demographic characteristics were also measured by amulti-item questionnaire.
Results: The mean accuracy and correct response rate range on the OIRD kno wledge questionnaire for all participants were 64.5±10.0% and 20%-100%, resp ectively. According to univariate analysis, Chinese healthcare professionals’ OIR D knowledge was positively correlated with age, region, profession, hospital lev el, type of hospitals and departments, education level, years of clinical working, and clinical practice of chronic cancer pain management. Multiple linear regress ion analysis showed differences in professions and regions.( all p<0. 0 5) .
Conclusions Most Chinese healthcare professionals had misconceptions about O IRD and lacked relevant knowledge. We should assign importance to developin g targeted training programs and exploring feasible and effective training metho ds.
keywords: Cancer pain | Opioid-induced respiratory depression | Knowledge | Healthcare professionals | Opioid-induced adverse
مقاله انگلیسی
2 The law of attraction: How similarity between judges and lawyers helps win cases in the Hong Kong Court of Final Appeal
قانون جذب: چگونه شباهت بین قضات و وکلا به برنده شدن پرونده ها در دادگاه تجدیدنظر نهایی هنگ کنگ کمک می کند-2020
This article examines a new dimension of similarity, namely education and workplace similarity between lawyers and judges, and its impact on judicial outcomes. It builds on the similarity literature in law and economics, and uses the case study of the Hong Kong Court of Final Appeal to explore whether judges tend to decide in favor of parties represented by lawyers who are “similar” to them in terms of shared educational backgrounds or workplaces. Our findings show that lawyers who are more similar to judges perform significantly better in terms of winning cases. This association remains when controlling for lawyer, judge, and panel effects. The results point to the importance of social interactions inside and outside the courtroom on judicial decision-making, and prompt reflection regarding court design.
Keywords: Similarity | Lawyers | Courts | Law and economics | Hong Kong
مقاله انگلیسی
3 Professional vs: non-professional labour judges: their impact on the quality of judicial decisions
قضات کار حرفه ای در برابر غیر حرفه ای: تأثیر آنها بر کیفیت تصمیمات قضایی-2020
This paper proposes an empirical analysis to study if the quality of judicial decisions is influenced by the number and type of judges working in the court. A set of econometric models will be estimated in order to explain the differences existing in the confirmation rate of the sentences dictated by the 339 Spanish Labour Courts taken as a sample, over the period 2004–2017. The acting of other judges in the court, besides the incumbent judge, will be considered as a treatment. In addition, different control covariates as economic determinants and other factors closely related to judicial activity will be empirically analysed, taking into account possible endogeneity problems in the treatment variable. Main results show that the quality of judicial decisions decreases when other judges besides the incumbent one are acting in the court, but this effect is smaller when the other judges are non-professional judges. This paper aims to contribute to the literature on the Economics of Court Performance, particularly on the empirical analysis of the quality of judicial decisions, and it also looks to provide relevant suggestions for judicial policy making.
Keywords: Court Performance | Judicial Policy Making | Labour Courts | Quality of Justice | Quality of Judicial Decisions | Professional Judges | Non-professional Judges
مقاله انگلیسی
4 Are Adjudication Panels Strategically Selected? The Case of Constitutional Court in Poland
آیا هیئت های داوری از نظر راهبردی انتخاب شده اند؟ پرونده دادگاه قانون اساسی در لهستان-2020
While judicial independence is often considered to be a foundation for the rule of law and economic prosperity, there is overwhelming evidence suggesting that judges and court decision-making are sensitive to the political environment. In this paper, we explore one channel through which political alignment of the judges can manifest itself and verify whether political party support, expressed as a recommendation to the tribunal, is relevant for the allocation of judges to adjudication panels. Our specific example comes from the Polish Constitutional Tribunal and refers to the period 2005-2014. With respect to the mass of filed cases, we do not find that allocation of judges to adjudication panels favored nominees of any political party. Our results however provide support for the strategic selection to adjudication panels in politically sensitive cases in the period 2011-2014. We find that nominees of the governing party were allocated to these panels more often than other members of the tribunal and that in these cases they had more voting power than in cases of lower political clout.
Keywords: Constitutional economics | Constitutional court | Adjudication panels | Political alignment | Institutional economics
مقاله انگلیسی
5 The interpretation of forensic conclusions by criminal justice professionals: The same evidence interpreted differently
تفسیر نتیجه گیری پزشکی قانونی توسط متخصصان دادرسی کیفری: همان شواهد متفاوت تفسیر می شود-2020
Forensic reports use various types of conclusions, such as a categorical (CAT) conclusion or a likelihood ratio (LR). In order to correctly assess the evidence, users of forensic reports need to understand the conclusion and its evidential strength. The aim of this paper is to study the interpretation of the evidential strength of forensic conclusions by criminal justice professionals. In an online questionnaire 269 professionals assessed 768 reports on fingerprint examination and answered questions that measured self-proclaimed and actual understanding of the reports and conclusions. The reports entailed CAT, verbal LR and numerical LR conclusions with low or high evidential strength and were assessed by crime scene investigators, police detectives, public prosecutors, criminal lawyers, and judges. The results show that about a quarter of all questions measuring actual understanding of the reports were answered incorrectly. The CAT conclusion was best understood for the weak conclusions, the three strong conclusions were all assessed similarly. The weak CAT conclusion correctly emphasizes the uncertainty of any conclusion type used. However, most participants underestimated the strength of this weak CAT conclusion compared to the other weak conclusion types. Looking at the self-proclaimed understanding of all professionals, they in general overestimated their actual understanding of all conclusion types.
Keywords: Forensic conclusions | Criminal justice professionals | Evidence interpretation | Strength of evidence | Communicating uncertainty
مقاله انگلیسی
6 Assessing the impact of drug courts on provider-directed marketing efforts by manufactures of medications for the treatment of opioid use disorder
ارزیابی تأثیر دادگاه های مواد مخدر در تلاشهای بازاریابی ارائه شده توسط تولیدکنندگان دارو برای درمان اختلال استفاده از مواد مخدر-2020
Background: Opioid use disorder (OUD) has become an increasingly consequential public health concern, especially in the United States where 47,600 opioid overdose deaths occurred in 2017 (Scholl, Seth, Kariisa, Wilson, & Baldwin, 2019). Medications for OUD (MOUD) are effective for decreasing opioid-related morbidity and mortality, including within the criminal justice system (Hedrich et al., 2012; Medications for Opioid Use Disorder Save Lives, 2019; Moore et al., 2019).While a stronger evidence base exists for agonist MOUD than for antagonist MOUD, a national study of drug courts found that half prohibited agonist MOUD (Matusow et al., 2013).Furthermore, recent media reports suggest that the pharmaceutical manufacturer of an antagonist MOUD has marketed its product towards drug court judges (Goodnough & Zernike, 2017; Harper, 2017). However, no study to date has systematically examined the relationship between MOUD marketing practices and drug courts. This ecological study examines the association at the county level between MOUD manufacturer payments to prescribers and drug court locations. Method: We extracted provider-directed payments from Centers for Medicare and Medicaid Services (CMS)s Sunshine Act Open Payments data 2014–2017, isolating those records mentioning any MOUD. We compared provider-directed payments for two major MOUDs: buprenorphine and extended-release naltrexone, in counties with and without drug courts. Results: The presence of any adult drug courts in the county is associated with a 7.86 percentage-point increase in the likelihood of providers in that county receiving any MOUD-related payments (about 22.46% of the sample mean, p<0.001) and with a 10.70% increase in the amount of these payments per 1000 county residents (p<0.001). The association between other forms of drug courts such as juvenile drug courts and Driving-Under-the-Influence courts (DUI) courts are less significant and slightly smaller in magnitude compared to those of adult drug courts. We did not find significant difference between payments by the manufacturer of Vivitrol and manufacturers of Zubsolv, Bunavail, and Suboxone (oral forms of buprenorphine). Conclusions: Our results show an ecological association at the county level between MOUD manufacturer payments to prescribers and drug court presence. However, we did not examine a causal association between these variables.
مقاله انگلیسی
7 The CV effect: To what extent does the chance to reorganize depend on a bankruptcy judges profile?
اثر CV: تا چه حد شانس سازماندهی مجدد به مشخصات قضات ورشکستگی بستگی دارد؟-2020
This study explores the link between the individual profiles of French commercial judges and the bankruptcy cases they supervised between 2006 and 2012. A “Curriculum Vitae effect” prevails: the chance to reorganize after filing for bankruptcy varies with the composition of the chambers. We also confirm the existence of a limited (but not marginal) appointment bias, suggesting that bankruptcy cases are not fully randomized across judges. Several variables accounting for the judges’ profiles are found to be significant. The presence of female judges increases the chances of a successful plan (for continuation). We find a similar influence of the judges’ managerial skills and of the highest academic profiles. However, a mismatch between the judges’ profiles (mostly oriented toward big businesses) and bankrupt firms (closer to small and medium-sized enterprises) undermines the probability of reorganizing. We also focus on the two main filters for reorganization: i) the decision to open an observation period, and ii) the court supervision of such a period. Our findings provide normative recommendations to better align lay justice with litigants’ needs. The results from France can be extended to other mixed bankruptcy systems
Keywords: Bankruptcy | Lay justice | Judges | Court | CV | Bankrupt firms | Reorganization | Liquidation
مقاله انگلیسی
8 Loyalty to the party or loyalty to the party leader: Evidence from the Spanish Constitutional Court
وفاداری به حزب یا وفاداری به رهبر حزب: شواهدی از دادگاه قانون اساسی اسپانیا-2020
In a recent article, Epstein and Posner (2016) make an important distinction between ideological alignment and personal loyalty to the appointer. We use constitutional adjudication at the Spanish Constitutional Court to test for this distinction. We consider all constitutional review decisions in cases initiated by explicit political actors (recursos de constitucionalidad) from 1980 to 2018 (removal of Mariano Rajoy as prime minister); a total of 8675 individual votes by constitutional judges in reference to 773 decisions taken by the Spanish Constitutional Court. The results obtained are consistent with a personal loyalty effect. Decomposition by nonunanimous decisions and appointing bodies do not undermine the statistical significance of an effect coherent with personal loyalty. However, the results indicate that the effect seems to be stronger more recently and for Zapatero’s appointees, in a period dominated by the financial crisis and the Catalan political situation.
Keywords: Attitudinal model | Personal loyalty | Constitutional review | Courts | Spain
مقاله انگلیسی
9 Judicial attitudes under shifting jurisprudence: Evidence from Brazils new drug law of 2006
نگرش های قضایی تحت تغییر رویه قضایی: شواهدی از قانون جدید مواد مخدر برزیل در سال 2006-2020
This paper attempts to quantify the response of different types of appellate judges to a major shift in criminal jurisprudence on drug offenses in Brazil, which, in 2010, revoked the prohibition of conversion of prison sentences in drug offenses. Appellate judges may react to criminal reform by changing their rates of judgements that are favorable to defendants and, depending on the judge type, responses run in different directions and with variable intensity. This study offers detailed estimates of such responses and interprets them in the light of the literature on the determinants of judicial decision-making, which resorts not only on legal factors but also on the ideology, personal attributes and strategic behavior of judges. According to the Brazilian constitution, 10% of the seats in appellate courts must be filled by formerly practicing lawyers and 10% by former prosecutors, both by executive appointment. The remaining 80% are reserved for career judges. In addition to these appointments, appellate panels also rely heavily on judges sitting by designation, who acted as rapporteurs, between 2009 and 2013, in as many as 14% of all criminal appeals in the state court of São Paulo, which is the subject of the analysis. A large dataset of criminal appeals related to drug offenses and the exogenous assignment of cases allow identifying the causal effects of career backgrounds on the response of appellate judges to the shift in drug jurisprudence. Estimates of the effect of judge types on appellate case outcomes, conditional on case characteristics and judging panel-specific effects, confirm that career judges are more likely to rule in favor of defendants, in line with the shift in jurisprudence. Former prosecutors and sitting judges seem to react against the shift, by increasing their rate of rulings against defendants. Former lawyers tend to exhibit mixed behavior, possibly resulting from a combination of liberal attitudes and strategic behavior, in deference to policy preferences of the executive branch.
Keywords: Judicial decision making | Attitudinal model | Judicial bias | Criminal appeals | Judges sitting by designation | Selection of disputes for litigation
مقاله انگلیسی
10 French magistrates perception of the introduction of neuroscientific data in expert reports: Effects on the assessment of the expert’s report and criminal case
تصور دادرسان فرانسوی از معرفی داده های علوم اعصاب در گزارش های کارشناسی : تأثیرات ارزیابی گزارش کارشناسی و پرونده جنایی-2020
Objective. – To analyze whether the judge’s perception of the quality, and scientific basis of a psychiatric expert report of a criminal defendant can vary according to whether or not this evaluation includes neuroscientific data (a written description of a structural neuroimaging MRI scan) and their effects on the decisions made by judges. Experimental psychology has demonstrated a number of cognitive effects arising from exposure to neuroscientific explanations and/or neuroimaging data and which may bias judgments and lead to (mis)interpretations that can affect decisions. This research suggests that including neuroscience evidence in an expert report may impact they way the report is assessed by nonspecialists, such as judges, whose work requires them to take into account such reports. Method. – We conducted a study on 41 French judges in order to determine whether their perceptions of the expert report (objectivity, reliability, scientific basis, quality, relevance, credibility, and persuasiveness) and their assessment of risk of recidivism, link between the disorder and offense and the influence of expert report on their decision-making, vary according to whether or not the evaluation includes neuroscientific data. The magistrates had to read a clinical case, summarizing an expertise, with or without neuroscientific data, and then answer various closed (criteria were evaluated using 7-point Likert-scales) and open-ended questions (asking respondents to indicate the reasons underlying their Likert-scale responses). Half of the magistrates received report containing neuroscientific data and the other half a similar report, without this type of data. Quantitative analyses were carried out to assess the effect of the sample’s characteristics on the responses given and to compare the results between the two conditions (correlation analyses and Student T). Qualitative analyses, terminological and thematic, were also carried out. Results. – Quantitative and qualitative results show that the presence of neuroscience data in an expert report affects judges’ perceptions of the report and the magistrates’ perceptions of the link between disorder and offense. The judges considered the expert report including neuroscientific data to be more relevant, more objective, better quality, and more reliable than the report without such data. Furthermore, they found the expert’s arguments to be more persuasive and that these arguments had a greater scientific basis when the report included neuroscientific data than when such data was absent. Moreover, this phenomenon was stronger in more experienced magistrates than in less experienced magistrates. The qualitative finding shows a greater ability to recognize shortcomings in expert reports when they do not contain neuroscience data. The Expert reports including neuroscience data are perceived as more scientific and objective. Conclusion. – The presence of neuroscience data in an expert report affects judges’ perceptions of that report. These effects may be related to cognitive biases described in the literature, in particular the perceived scientific nature of neuroscience data. If judges are aware of their limits when it comes to assessing technical data, they appear relatively unaware that scientific data can induce cognitive biases and thereby affect their perceptions of expert reports.
Keywords: Criminal liability | Evaluation | Justice decision | Magistrate | Neuroscience | Psychiatric expertise
مقاله انگلیسی
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