NCJ Number
62406
Date Published
1979
Length
30 pages
Annotation
COMMONALITIES OF ORGANIZATIONAL ANALYSES OF COURT DECISIONMAKING ARE IDENTIFIED AND THE FRAMEWORK OF A CONSENSUS FOR FUTURE COURT ORGANIZATIONAL RESEARCH IS SUGGESTED.
Abstract
MOST RECENT ORGANIZATIONAL ANALYSES OF CRIMINAL COURT DECISIONMAKING ARE CONCERNED WITH THE SUBSTANTIVE CONSIDERATIONS REFLECTED IN VARIOUS CRIMINAL COURT DECISIONS, AS WELL AS THE FACTORS AFFECTING HOW THESE CONSIDERATIONS ARE EVIDENCED IN THE COURT DECISIONS. THE RESULT HAS BEEN THE IDENTIFICATION OF A MULTITUDE OF FACTORS WHOSE EFFECT ON VARIOUS COURT DECISIONS HAS BEEN HYPOTHESIZED AND DEMONSTRATED. SOME OF THE FACTORS SUGGESTED HAVE BEEN THE OFFENSE, THE EVIDENCE, THE DEFENDANT'S CHARACTERISTICS, THE IDENTITY OF THE COURTROOM, RESPONSIVENESS OF THE PARTICIPANTS, AND SUSCEPTIBILITY OF THE DEFENDANT. THE DEFENSE'S RESISTANCE TO INFORMAL NORMS, CASE SERIOUSNESS, THE WEIGHT OF THE EVIDENCE, AND DISPOSITIONAL VALUE ARE OTHER FACTORS. IN ADDITION, A COMMUNITY'S POLITICAL AND SOCIAL ORIENTATION, AS WELL AS JUDICIAL ATTITUDES, HAVE BEEN REPORTED TO AFFECT COURT DECISIONS. FOR THE PURPOSE OF CONSOLIDATING RESEARCH FINDINGS THUS FAR AND SETTING A DIRECTION FOR FUTURE RESERCH IN COURT DECISIONMAKING, THREE DIMENSIONS OF DECISIONMAKING FACTORS CAN BE IDENTIFIED: (1) FORMAL CHARACTERISTICS, WHICH INCLUDE SUCH FACTORS AS THE LEGAL VARIABLES (WEIGHT OF THE EVIDENCE, CASE SERIOUSNESS, DEFENDANT'S CRIMINAL RECORD, ETC.) AND THE IDENTITY OF THE INDIVIDUAL FORMALLY EMPOWERED TO MAKE THE DECISIONS (JUDGE, PROSECUTOR, DEFENDANT); (2) VISIBILITY OF DECISION, WHICH CONCERNS THE EXTENT TO WHICH A DECISION IS VISIBLE TO ENTITIES IN THE CRIMINAL COURT'S ENVIRONMENT; AND (3) RELATIONSHIP TO SHARED INTERESTS, WHICH CONCERNS INTERESTS OR GOALS SHARED BY THOSE WHO CONTROL CRIMINAL COURT OPERATIONS. REFERENCES ARE PROVIDED. (RCB)