Trends in the Judiciary : interviews with judges across the globe. Volume Three

255 Pages·2018·9.61 MB·English

by  Das

Trends in the
Judiciary
The third volume in the Interviews with Global Leaders in Policing, Courts, and Prisons
series, Trends in the Judiciary: Interviews with Judges Across the Globe, Volume Three, pro-
vides an insider’s view of the judicial system. Offering interviews with judges in Africa, Asia,
Australasia, Europe, North America, and the West Indies, this text explores the behind-
the-scenes motivations of judges on a global scale, delving into the interviewees’ opinions
on diverse legal systems, the interpretation of legal developments, and current issues in
criminal law.
Readers of this text will experience the judicial system from within—the plans, protests,
and thought processes of practicing judges. Criminal justice students and practitioners alike
will benefit from this unique examination of judges around the world.
David Lowe is a principal lecturer at Liverpool John Moores University’s Law School. Prior to
becoming an academic, he was a police officer for 27 years with the UK’s Merseyside Police.
Most of his service was as a detec tive, serving mainly in the United Kingdom’s Special Branch
Counter-Terrorism Unit. His work in the area of policing, terrorism, and security has been
published in books and journals, including his books Policing Terrorism (2015) and Examining
Political Violence: Studies in Terrorism, Counterterrorism and Internal War (2013). He edited
the second volume of Trends in the Judiciary with Dilip Das in 2015. He works in an advisory
capacity with Merseyside Police’s Prevent Team (part of their counter-terrorism section) and
with SO15, the Metropolitan Police’s counter-terrorism unit for whom he is also an expert
witness on tradecraft.
Dilip K. Das is a professor of criminal justice, former police chief, and founding editor-in-
chief of Police Practice and Research: An International Journal. Das served in the Indian Police
Service for 14 years. After moving to the United States he became the founding president of
the International Police Executive Symposium. Das has authored, edited, and coedited more
than 30 books and numerous articles and is human rights consultant to the United Nations.
He has received several faculty excellence awards and was a Distinguished Faculty Lecturer.
Interviews with Global Leaders in Policing, Courts, and Prisons Series
International Police Executive Symposium Co-Publications
Dilip K. Das, Founding President-IPES
PUBLISHED
Trends in the Judiciary: Interviews with Judges Across the Globe, Volume Three
by David Lowe and Dilip K. Das, ISBN: 978-1-4987-1513-3
Trends in Legal Advocacy: Interviews with Prosecutors and Criminal Defense
Lawyers Across the Globe
By Jane Goodman-Delahunty and Dilip K. Das, ISBN: 978-1-4987-3312-0
Trends in Policing: Interviews with Police Leaders Across the Globe, Volume Five
By Bruce F. Baker and Dilip K. Das, ISBN: 978-1-4822-2449-8
Trends in the Judiciary: Interviews with Judges Across the Globe, Volume One
By Dilip K. Das and Cliff Roberson with Michael Berlin, ISBN: 978-1-4200-9978-2
Trends in Policing: Interviews with Police Leaders Across the Globe, Volume Four
By Bruce F. Baker and Dilip K. Das, ISBN: 978-1-4398-8073-9
Trends in Policing: Interviews with Police Leaders Across the Globe, Volume Three
By Otwin Marenin and Dilip K. Das, ISBN: 978-1-4398-1924-1
Trends in Policing: Interviews with Police Leaders Across the Globe
By Dilip K. Das and Otwin Marenin, ISBN: 978-1-4200-7520-5
Trends in Corrections: Interviews with Corrections Leaders Around the World
By Jennie K. Singer, Dilip K. Das, and Eileen Ahlin, ISBN: 978-1-4398-3578-4
Trends in Corrections: Interviews with Corrections Leaders Around the World, Volume Two
By Martha Henderson Hurley and Dilip K. Das, ISBN: 978-1-4665-9156-1
Trends in the Judiciary: Interviews with Judges Across the Globe, Volume Two
by David Lowe and Dilip K. Das, ISBN: 978-1-4822-1916-6
Volume Three
Trends in the
Judiciary
Interviews with Judges Across the Globe
Edited by David Lowe and Dilip K. Das
International Police Executive Symposium
Co-Publication
First published 2018
by Routledge
711 Third Avenue, New York, NY 10017
and by Routledge
2 Park Square, Milton Park, Abingdon, Oxon, OX14 4RN
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2018 Taylor & Francis
The right of David Lowe and Dilip K. Das to be identified as the authors of the editorial material, and
of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78
of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form
or by any electronic, mechanical, or other means, now known or hereafter invented, including
photocopying and recording, or in any information storage or retrieval system, without permission
in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are
used only for identification and explanation without intent to infringe.
Library of Congress Cataloging-in-Publication Data
A catalog record for this book has been requested.
ISBN: 978-1-4987-1513-3 (hbk)
ISBN: 978-1-315-16496-0 (ebk)
Typeset in Minion Pro
by Swales & Willis Ltd, Exeter, Devon, UK
Contents
IPES Preface ix
Preface xiii
Foreword xv
Acknowledgments xvii
Contributors xix
Acronyms and Glossary of Terms xxv
Introduction xxix
Part I
AFRICA
1
Interview with Mr. Adam Haji Ali Ahmed, President
of the Supreme Court, Constitutional Court and
the High Judicial Council of Somaliland 3
ZAHRA JIBRIL
Part II
ASIA
2
Interview with Mr. Hiroshi Kadono, Former Judge
of the High Court, Japan 23
MAKOTO IBUSUKI
3
Interview with His Honour Judge Chaiwat
Suriwattanakul, Thailand 37
PRAPON SAHAPATTANA
4
Interviews with Judges Jong-Yi Chiou and
Meng-Hwang Lin, Taiwan High Court 51
JAWJEONG WU
v
vi Contents
Part III
AUSTRALASIA
5
Interview with the Right Honourable Diana Bryant,
Chief Justice of the Family Court of Australia 69
MOLLY DRAGIEWICZ & JESSICA TYZACK
Part IV
EUROPE
6
Interview with Chief Judge Torben Nøies
Goldin, Denmark 81
KIM MØLLER & LISA JONASSEN RASMUSSEN
7
Interview with Judge Ludmila Viktorovna Zhukova of
the Kingisepp City Court of Leningrad Oblast, Russia 99
NATALIA EREMINA & ARTYOM KUREEV
8
Interview with Judge Marilyn Mornington,
District Judge, England and Wales 105
DAVID LOWE
Part V
NORTH AMERICA
9
Interviews with Two Judges of the Toronto
Superior Court, Canada 119
WESLEY CRICHLOW & LIQUN CAO
10
Interview with Judge Frank LaBuda, Sullivan County
Court, New York, USA 133
MICHAEL M. BERLIN
11
Interview with Francis X. Spina, Associate Justice
of the Supreme Judicial Court for the
State of Massachusetts, USA 155
PHILIP D. McCORMACK & FRANCESCA SPINA
Contents vii
Part VI
WEST INDIES (CARIBBEAN)
12
Interview with the Honourable Mr. Justice Malcolm
Holdip, High Court Judge, Trinidad and Tobago 173
WENDELL C. WALLACE

Conclusion 197
Appendix: Questionnaire and Writing Guide Used
by the Contributors 201
International Police Executive Symposium (IPES) 209
Index 213

IPES Preface
The International Police Executive Symposium (IPES) was founded in 1994
to address one major challenge. The two worlds of research and practice
remain disconnected even though cooperation between the two is growing. A
major reason is that the two groups speak in different languages. The research
is published in hard-to-access journals and presented in a manner that is
difficult for some to comprehend. On the other hand, police practitioners
tend not to mix with researchers and remain secretive about their work.
Consequently there is little dialog between the two and almost no attempt
to learn from one another. The global dialog between police researchers and
practitioners is limited. True, the literature on the police is growing exponen-
tially: its impact upon day-to-day policing, however, is negligible.
The aims and objectives of the IPES are to provide a forum to foster closer
relationships among police researchers and practitioners on a global scale,
to facilitate cross-cultural, international, and interdisciplinary exchanges for
the enrichment of the law enforcement profession, to encourage discussion,
and to publish research on challenging and contemporary problems facing
the policing profession. One of the most important activities of the IPES is the
organization of an annual meeting under the auspices of a police agency or
an educational institution. Now in its nineteenth year, the annual meeting, a
five-day initiative on specific issues relevant to the policing profession, brings
together ministers of interior and justice, police commissioners and chiefs,
members of academia representing world-renowned institutions, and many
more criminal justice elites from over 60 countries. It facilitates interaction
and the exchange of ideas and opinions on all aspects of policing. The agenda
is structured to encourage dialog in both formal and informal settings.
Another important aspect of the meeting is the publication of the best
papers presented, edited by well-known criminal justice scholars and police
professionals who attend the meetings. The best papers are selected, tho-
roughly revised, fully updated, meticulously edited, and published as books
based upon the theme of each meeting. This repository of knowledge under
the co-publication imprint of IPES and CRC Press/Taylor & Francis Group
chronicles the important contributions of the International Police Executive
Symposium over the last two decades. As a result in 2011 the United Nations
ix