NCJ Number
154057
Journal
Administration and Society Volume: 25 Issue: 3 Dated: (November 1993) Pages: 267-292
Date Published
1993
Length
26 pages
Annotation
Over the past 20 years, an extensive body of literature has focused on the role of courts in shaping public policy and management; despite continuing interest in the topic, very little hard evidence exists on the actual impact of court interventions in public agencies.
Abstract
The current study was conducted to estimate the impact of court orders and mandates on public programs in one of the most important areas of judicial intervention, local jails. Jail expansion plans in 1983 and 1988 were examined using information from the National Jail Census. Jails with a rated capacity of 50 or more inmates were selected for analysis. Findings confirmed that court orders influenced the decision to expand local jail capacity. Other jail-related factors, however, such as overcrowding and jail age, had stronger impacts on the probability that a jurisdiction would decide to expand jail capacity than the existence of a court order. Based on the results, the authors suggest reconsideration of the conventional wisdom that court orders force reluctant elected officials to vote for unpopular capital projects such as jails. The authors also indicate that many jurisdictions, given adequate fiscal resources, are likely to plan for capital expansion when needed and not when forced by courts to act. 38 references, 8 notes, and 5 tables