The problems high-profile defendants pose in receiving a fair trial are hardly new. But they are more pressing today than ever.
Mandatory retirement ages are still in place for the Australian judiciary. But this practice may be out of step with contemporary workforce needs.
Dave Hunt/AAP
Mandatory retirement ages are mostly a thing of the past in Australia. Removing the last vestiges of this practice is one way to address the problem of Australia’s ageing workforce.
Debbie Baptiste, the mother of Colten Boushie, enters the Court of Queen’s Bench as the jury is in deliberation in the trial of Gerald Stanley, the farmer accused of killing her 22-year-old son, in Battleford, Sask., Friday, February 9, 2018.
(THE CANADIAN PRESS/Liam Richards)
Racial bias likely played a role in the Gerald Stanley case. This article explains how racial dynamics and process failures enabled systemic racism to play a part in Stanley’s acquittal.
A key argument in support of the jury system is that it is a valued form of citizen participation in democracies. But the system has led to human rights abuses in Ghana.
The next president will have a unique opportunity to mould the Supreme Court bench.
Ken Hammond, US Department of Agriculture
With three current Supreme Court justices aged 78 or older and one seat on the court vacant, the next US president may end up nominating four justices in their first term.
Informed critique of the courts and their work is essential to the proper functioning of a democracy.
AAP/Mick Tsikas
A “judicial activist”, it seems, decides cases in favour of a preferred (non-“mainstream”) litigant or interest, to reach a result that is inconsistent with a conservative worldview.
South Africa’s Finance Minister, Pravin Gordhan, left, chats with Lesetja Kganyago, Governor of the Reserve Bank of South Africa.
Reuters/Siphiwe Sibeko
Pessimists aren’t asking if the glass in South Africa is half full. They want to know if there’s anything in the glass. The answer is a pleasant surprise.
Judge Thokozile Masipa during Oscar Pistorius’ trial in the High Court.
EPA/Kim Ludrook
The debate about the quality of High Court judges after the Pistorius trials reflects a different cultural clash in South Africa – one in which incompetence is often associated with black people.
Australia’s method of appointing judges to its highest courts is opaque and informal.
AAP/Lukas Coch
It is no criticism of Australia’s judiciary to say that it would be preferable, both for them and the public, if they took office after a more transparent process.
Advances in science are causing problems in courtrooms.
Petretei
Despite what we see on television, forensic science is not always easy to understand or simple to convey to a jury, many of whom may not have studied science since they were in school. When a case fails…
Professor of Francophone Studies (Africa, Caribbean), Faculty Affiliate with Africana Studies, World Literature Program and Human Rights Pracice, University of Arizona