Performing Judicial Authority in the Lower CourtsJudicial authority is constituted by everyday practices of individual judicial officers, balancing the obligations of formal law and procedure with the distinctive interactional demands of lower courts. Performing Judicial Authority in the Lower Courts draws on extensive original, independent empirical data to identify different ways judicial officers approach and experience their work. It theorizes the meanings of these variations for the legitimate performance of judicial authority. The central theoretical and empirical finding presented in this book is the incomplete fit between conventional norms of judicial performance, emphasizing detachment and impersonality, and the practical, day-to-day judicial work in high volume, time-pressured lower courts. Understanding the judicial officer as the crucial link between formal abstract law, the legal institution of the court and the practical tasks of the courtroom, generates a more complete theory of judicial legitimacy which includes the manner in which judicial officers present themselves and communicate their decisions in court. |
Other editions - View all
Performing Judicial Authority in the Lower Courts Sharyn Roach Anleu,Kathy Mack No preview available - 2016 |
Performing Judicial Authority in the Lower Courts Sharyn Roach Anleu,Kathy Mack No preview available - 2017 |
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adjournment adversary system Anleu and Mack aspects Audit Scotland Australian Judges 2007 Australian Magistrates 2007 Australian Research Council behavior cial communication conventional conventional norms Council of Chief Court Observation Study court staff court users criminal list defendant defense representatives demands display emotions especially everyday experience Flinders University formal gender guilty plea higher courts humor Hunter and Kirby identifies impartiality impersonal important Indigenous Australians individual interaction interviews istrates Jacobson judi judicial officers judicial performance judicial role judiciary jurisdiction large number legal representatives legitimacy lower courts Mack and Roach magis magistrates courts magistrates survey Mileski National Court Observation National Survey nonsentencing nontrial offenses percent performance of judicial practical procedural justice prosecution prosecutors response Roach Anleu 2012 routine sentencing decision skills social source is indicated South Wales Survey of Australian tencing therapeutic jurisprudence tion trates trial unrepresented Wallace and Roach women magistrates