Articles on Judicial system

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Enhanced pre-sentence reports (EPSRs), sometimes called impact of race and culture assessments (IRCAs), have been used by Canadian criminal courts to address anti-Black racism by explaining how systemic racism has shaped the path and limited the choices of offenders. But are they missing the mark? (Unsplash)

Do enhanced pre‑sentence reports protect Black youth or expose bias?

Even when courts are provided with race-informed clinical assessments designed to contextualize trauma and systemic vulnerability, Black youth are still seen as a risk.
Clear policies are necessary for the applications of AI in legal systems. (Shutterstock)

Artificial intelligence should not be allowed to adjudicate cases in Canada’s Federal Court

The federal government’s recent AI policy attempts to outline applications of AI for increased efficiency but fails to thoroughly consider the implications of the technology for delivering justice.
Former President Donald Trump arrives at the Manhattan Criminal Courthouse on April 4, 2023, before his arraignment. Ed Jones/AFP via Getty Images

Trump’s latest personal attacks on judges could further weaken people’s declining trust in American rule of law

Presidents have historically criticized judicial decisions. But Trump is taking it a step further with potentially dangerous personal attacks on judges.
Lifetime tenure has pushed the average age of judicial nominees down as presidents appoint younger justices in hopes they will serve for many decades. Erin Schaff/Pool/AFP via Getty Images

Should the Supreme Court have term limits?

Unlike in most countries, US Supreme Court justices enjoy life tenure. Some legal scholars believe that centuries-old custom, meant to protect judicial independence, no longer serves the public.
Adoring fans celebrated Brazilian ex-President Luiz Inacio ‘Lula’ da Silva before he began a prison sentence for corruption in 2018. Lula’s conviction was recently annulled. Miguel Schincariol/AFP via Getty Images)

Prosecuting ex‑presidents for corruption is trending worldwide – but it’s not always great for democracy

From Europe to Latin America and the US, former world leaders are being investigated, tried and even jailed. In theory, this shows no one is above the law. But presidents and PMs aren’t just anyone.
Amy Coney Barrett, Trump’s nominee for the Supreme Court, is one of relatively few women appointed to the federal judiciary by the current administration. Erin Schaff-Pool/Getty Images

Trump and McConnell’s mostly white male judges buck 30‑year trend of increasing diversity on the courts

Amy Coney Barrett may be a woman, but Trump’s other judicial appointments are 85% white and 76% male – the least diverse group of federal judges since Ronald Reagan.

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