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  • Managerialism
    • Basics
      • Not a system but an analytical frame to look at the different changes that have been made to the criminal and civil justice systems
      • Idea that judges have now become managers of the court room
        • Increasingly know more about the case earlier on e.g. witnesses
        • Judges negotiate particular points with the parties
      • Managerial judges work beyond the public view (behind the scenes)
        • Difficulty with accountability
      • Wolf Reforms
        • Shift towards Managerialism?
    • Judith Resnik 'Managerial Judges'
      • "As managers, judges learn more about cases much earlier than they did in the past..."
        • "...They negotiate with parties about the course, timing and scope of both pretrial and post trial litigation
      • "Yet the restraints that formally circumscribed judicial authority are conspicuously absent..."
        • "...Managerial judges frequently work beyond the public view, off the record [...] out of reach of appellate view"
    • Criminal Justice System
      • Gradual acceptance of guilty please on the Continent are "a by-product of their drive to mamange their criminal processes more cost effectively."
    • Civil Justice System
      • Successive reforms have moved control from the parties to the judge
      • ADR increasingly encouraged as an alternative to trial (judges can sanction those who refuse)


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