COGNITIVE BARRIERS TO EQUAL JUSTICE BEFORE THE LAW

• NCJ Number: 48541
• Journal: Journal of Research in Crime and Delinquency Volume: 14 Issue: 2 Dated: (JULY 1977) Pages: 206-221
• Author(s): S L ALBRECHT; M GREEN
• Date Published: 1977
• Length: 16 pages
• Corporate Author: National Council on Crime and Delinquency
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

THE STUDY DESCRIBED TESTED THE HYPOTHESIS THAT SOCIAL PSYCHOLOGICAL DISINCENTIVES, IN ADDITION TO ECONOMIC AND SOCIO-ORGANIZATIONAL BARRIERS, AFFECT THE EQUAL ADMINISTRATION OF JUSTICE AND LEGAL SERVICE OUTCOMES.

Abstract

SOCIAL PSYCHOLOGICAL DISINCENTIVES MAY INCLUDE NEGATIVE ATTITUDES TOWARD LAWYERS OR THE LEGAL SYSTEM IN GENERAL, LACK OF INFORMATION ABOUT THE AVAILABILITY OF LEGAL AID, AND LACK OF KNOWLEDGE ABOUT BASIC LEGAL RIGHTS. TO EXAMINE THIS HYPOTHESIS A TOTAL OF 398 INTERVIEWS WERE CONDUCTED WITH FOUR SUBSAMPLES: RURAL, SEMIRURAL, URBAN POOR/MINORITY, AND URBAN NONPOOR. ANALYSIS OF RESPONSES TO 10 QUESTIONS CONCERNING BASIC LEGAL RIGHTS AND PRINCIPLES SHOWED THAT OVER 50 PERCENT OF THE RESPONDENTS GAVE INCORRECT OR 'DON'T KNOW' RESPONSES TO SIX OF THE ITEMS. TOTAL LEGAL KNOWLEDGE SCORES INDICATE THE HIGHEST LEVEL OF KNOWLEDGE IS AMONG THE URBAN NONPOOR AND THE RURAL GROUPS, FOLLOWED BY THE SEMIRURAL GROUP, WHILE THE LOWEST LEVEL IS AMONG THE URBAN POOR/MINORITY GROUP. FURTHER, HIGHER INCOME AND HIGHER EDUCATIONAL ATTAINMENT IS RELATED TO HIGHER LEVEL OF LEGAL KNOWLEDGE. AN ANALYSIS OF THE AWARENESS OF LEGAL AID SHOWED THAT 62 PERCENT OF THE URBAN NONPOOR WERE AWARE OF THE AVAILABILITY OF LEGAL AID AS COMPARED TO 43 PERCENT OF THE URBAN POOR/MINORITY GROUP, 8 PERCENT OF THE SEMIRURAL GROUP, AND 5 PERCENT OF THE RURAL GROUP. THE FINDINGS FOR THE RURAL AND SEMIRURAL SAMPLES ARE ATTRIBUTABLE TO THE VIRTUAL ABSENCE OF LEGAL SERVICES IN THESE AREAS. AN ASSESSMENT OF GENERAL ALIENATION SHOWED THAT HIGHER LEVELS OF LEGAL KNOWLEDGE ARE ASSOCIATED WITH LOWER LEVELS OF ALIENATION, WHILE THOSE MOST ALIENATED ARE THOSE WITH THE LOWEST LEVELS OF LEGAL KNOWLEDGE. FINDINGS SUGGEST THAT SOCIAL PSYCHOLOGICAL FACTORS MUST BE CONSIDERED AS IMPORTANT BARRIERS TO LEGAL MOBILIZATION, AND THEY EMPHASIZE THE NEED FOR PUBLIC LEGAL EDUCATION. REFERENCES ARE PROVIDED. (JAP)