NCJ Number
56483
Date Published
1978
Length
233 pages
Annotation
A LONGITUDINAL STUDY OF THE DECISIONMAKING BEHAVIOR OF EIGHT JUDGES NEW TO THE MUNICIPAL CRIMINAL COURT OF DETROIT, MICH., IS DOCUMENTED.
Abstract
THE STUDY EXPLORES FROM A SOCIAL LEARNING PERSPECTIVE INFLUENCES ON JUDGES' DECISIONS IN SETTING BAIL, BINDING OVER DEFENDANTS FOR TRIAL, AND SENTENCING. THE NEW JUDGES WERE INTERVIEWED SHORTLY AFTER THEY TOOK OFFICE AND AGAIN 2 YEARS LATER. INTERVIEWS WERE ALSO CONDUCTED WITH OTHER JUDGES IN THE SAME COURT AND WITH PROSECUTORS, PROBATION OFFICERS, AND OTHER COURT PERSONNEL. A CASE ANALYSIS PROVIDED DATA ON CHANGES OVER A 1-YEAR PERIOD IN THE NEW JUDGES' BAIL AND SENTENCING DECISIONMAKING BEHAVIOR AND OVER A 10-MONTH PERIOD IN THEIR DECISIONS TO BIND OVER DEFENDANTS FOR TRIAL. SEPARATE ANALYSES OF THESE DATA ARE PRESENTED FOR EACH TYPE OF JUDICIAL DECISION, WITH A VIEW TO ASSESSING THE IMPACT OF EXPERIENCE ON JUDGES' BEHAVIOR. THE FINDINGS INDICATE THAT JUDGES LEARN TO USE CERTAIN INFORMATION TO MAKE DECISIONS. FOR BAIL DECISIONS, THIS INFORMATION IS THE CHARGE TYPE AND PRIOR RECORD; FOR DECISIONS TO BIND OVER, IT IS BAIL STATUS AND CHARGE TYPE; AND FOR SENTENCING, IT IS CHARGE TYPE, PRIOR RECORD, BAIL STATUS, AND MODE OF CONVICTION. JUDGES LEARN TO BASE THEIR DECISIONS ON THIS INFORMATION BECAUSE DOING SO IS INSTRUMENTAL IN ACHIEVING TWO GOALS -- HANDLING THE DOCKET AND 'DOING JUSTICE' -- THAT BRING REWARDS WITHIN THE COURT STRUCTURE. THE FINDINGS SUPPORT THE VIEW THAT JUDGES LEARN TO BEHAVE IN WAYS CONSISTENT WITH THE REWARD STRUCTURE OF THE COURT. ONE IMPLICATION OF THE FINDINGS IS THAT COURT REFORMERS MUST TAKE INTO ACCOUNT NOT ONLY THE BELIEFS AND ATTITUDES THAT JUDGES BRING TO THE BENCH, BUT ALSO THE REWARDS AND SANCTIONS OF THE COURT SYSTEM WITHIN WHICH THEY MAKE THEIR DECISIONS. DETAILS OF ANALYSES, INTERPRETATIONS, AND IMPLICATIONS ARE PROVIDED. SUPPORTING DATA AND A BIBLIOGRAPHY ARE INCLUDED. (LKM)