NCJ Number
113737
Date Published
1987
Length
33 pages
Annotation
Three studies assessed the frequency of use of child development research by judiciary and the means of distribution most likely to permit use of research in judicial decisionmaking.
Abstract
The first study examined 1975-1984 U.S. Supreme Court decisions in 24 cases concerning infants, illegitimate children, and parents and children cited in 'West's Federal Practice Digest.' Overall, the Court relied on prior judicial opinions, citing cases 1,335 times and secondary sources only 197 times. Legal journals were the most frequently cited secondary sources. In the second study, citations to the publications of 13 child developmental researchers were identified from the LEXIS data base. A total of 26 publications were cited in 100 separate judicial opinions; 7 of the authors were cited in a range of 1 to 30 opinions. Publications on child and family issues accounted for 68 of the citations. Again, legal periodicals accounted for a large majority of citations. A third study examined references to research by the same 13 authors cited by others in law reviews contained in the LEXIS data base. At least 1 of the researchers' publications was cited in 98 articles in 26 journals. While there was more diversity in the sources of the citations in this sample than in those used by the courts, law reviews still accounted for the majority of sources. Results suggest that the use of social science research is still controversial and rather uncommon; and that, if researchers wish to reach the judiciary, they must learn to use the law reviews. 60 references.