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

255 Pages·2018·9.608 MB·English
by  DasDilip K.LoweDavid
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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

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