Another Look at the Judicial Power of the Purse: Courts, Corrections, and State Budgets in the 1980s

• NCJ Number: 172500
• Journal: Law & Society Review Volume: 30 Issue: 2 Dated: (1996) Pages: 399-416
• Author(s): J Fliter
• Date Published: 1996
• Length: 18 pages
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

This Research Note explores the question of whether court decisions have affected State spending for corrections.

Abstract

The Research Note studies the impact of courts on cases litigated during the 1980s and why the courts are able to influence spending in some cases but not others. Results support the suggestion that spending for corrections follows an incremental pattern. Judicial influence on State budgets declined during the 1980s as courts narrowed the scope of prison reforms. Court decisions had a greater impact on capital outlays than operating costs. There appears to be a direct relationship between the comprehensiveness of a court order and the ability of the judiciary to overcome existing spending patterns. There is also a relationship between the timing of a judicial remedy and state spending for corrections. While the results of the study indicate that concerns over the judicial "power of the purse" may be overstated, findings do raise questions about the use of litigation and the courts as an agent for meaningful social change. Notes, tables, references, cases, appendix