FEDERAL DISTRICT COURT DECISION MAKING ON VICTIMLESS CRIMES (1955-1975) - THE INFLUENCE OF PRECEDENT, DECISIONAL CONTEXT AND CONSTITUTENCY VARIABLES

• NCJ Number: 54672
• Author(s): D R DANNER
• Date Published: 1978
• Length: 279 pages
• Sale Source: UMI Dissertation Services
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: VANDERBILT UNIVERSITY - DOCTORAL DISSERTATION

Annotation

USING FEDERAL DISTRICT COURT DATA ON VICTIMLESS CRIMES, JUDGES' ABILITY TO RENDER NONPARTIAL DECISIONS IS EXAMINED.

Abstract

THE PURPOSE OF THIS STUDY WAS TO DISCOVER WHETHER FACTORS OTHER THAN THE LAW ITSELF DETERMINE OR INFLUENCE JUDGES' DECISIONMAKING. THE IMPACTS OF LEGAL PRECEDENT, CHARACTERISTICS OF THE JUDGE, CHARACTERISTICS OF THE CASES ADJUDICATED, AND CONSTITUENCY CONSTRAINTS WERE EXAMINED. THE FOCUS OF THIS STUDY WAS THE FEDERAL DISTRICT COURT DECISIONMAKING ON VICTIMLESS CRIMES DURING THE TIME PERIOD 1955 TO 1975. IT WAS FOUND THAT FEDERAL DISTRICT COURT DECISIONMAKING FOLLOWED PRECEDENT TO A DEGREE, BUT WAS ALSO INFLUENCED BY CHARACTERISTICS OF THE JUDGES AND THE CASES AND THE COURT'S ENVIRONMENT. PRECEDENT WAS FOUND TO INFLUENCE DECISIONMAKING WHEN IT IS CLEAR AND CONSISTENT. IN THE AREA OF JUDGE AND CASE CHARACTERISTICS, IT WAS FOUND THAT THE LIBERALISM OF THE PRESIDENT WHO APPOINTED THE JUDGE, THE SIZE OF THE COURT, PAST JUDICIAL ACTION, AND THE POWER OF THE AUTHORITIES INVOLVED IN THE CASE WERE ALL VARIABLES IMPORTANT IN JUDICIAL DECISIONMAKING. IN THE AREA OF ENVIRONMENTAL EFFECTS, ONLY ONE VARIABLE WAS FOUND TO SIGNIFICANTLY INFLUENCE JUDICIAL DECISIONMAKING, GROUP PRESSURE BY AN INTEREST GROUP AGAINST THE VICTIMLESS CRIME. THESE FINDINGS CONTRIBUTE TO THREE DIFFERENT AREAS OF SOCIAL SCIENCE RESEARCH: (1) SOCIOLOGY OF LAW, (2) DEVIANT BEHAVIOR, AND (3) POLICY OUTCOME STUDIES. TO THE SOCIOLOGY OF LAW, THIS STUDY PROVIDES THE FIRST EMPIRICAL DOCUMENTATION OF THE EFFECTS OF MULTIPLE SOURCES OF INFLUENCE ON JUDICIAL DECISIONMAKING. TO DEVIANT BEHAVIOR, THIS STUDY PROVIDES AN ANALYSIS OF FACTORS INFLUENCING JUDGES TO CHANGE OR SUSTAIN OFFICIAL DEFINITIONS OF DEVIANCE. AND TO POLICY OUTCOME STUDIES, THIS RESEARCH PROVIDES A COMPARISON OF THE FACTORS WHICH INFLUENCE LEGISLATIVE VERSUS JUDICIAL DECISIONMAKING. TABLES AND REFERENCES ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED--MLC)