POLITICAL CULTURES, TRIAL COURTS AND CRIMINAL CASES (FROM THE STUDY OF CRIMINAL COURTS - POLITICAL PERSPECTIVES, 1979, BY PETER F NARDULLI - SEE NCJ-62401)

• NCJ Number: 62407
• Author(s): H M KRITZER
• Date Published: 1979
• Length: 39 pages
• Corporate Author: Ballinger Publishing Co
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: EARLIER VERSION PRESENTED AT THE 1978 ANNUAL MEETING OF THE AMERICAN POLITICAL SCIENCE ASSOCIATION, NEW YORK HILTON HOTEL, NEW YORK, AUGUST 31-SEPTEMBER 3, 1978

Annotation

THE USE OF THE CONCEPT OF POLITICAL CULTURE IN UNDERSTANDING VARIATIONS IN THE NATURE AND OPERATION OF AMERICAN JUDICIAL SYSTEMS IS EXAMINED.

Abstract

PREVIOUS STUDIES OF THE STRUCTURE AND OPERATIONS OF THE JUDICIARY CONSIDERED POLITICAL CULTURE AS A RESIDUAL CATEGORY OF FACTORS TO EXPLAIN VARIATIONS IN COURT FUNCTIONING NOT ATTRIBUTABLE TO EXPLANATORY VARIABLES CONSIDERED PRIMARY. THERE IS SUFFICIENT DATA TO SHOW THAT POLITICAL CULTURE IS A PRIMARY FACTOR INFLUENCING A NUMBER OF ASPECTS OF JUDICIAL SYSTEMS. CERTAIN INTERNAL AND EXTERNAL ASPECTS OF STATE AND FEDERAL COURTS CAN BE EXPLAINED BY THREE DIMENSIONS OF POLITICAL CULTURE--THE ROLE OF GOVERNMENT, THE ROLE OF POLITICS, AND THE ROLE OF THE LEGAL SYSTEM. COURT STRUCTURE, PERSONNEL SELECTION, AND FORMAL LEGAL CONTEXT ARE EXTERNAL ASPECTS OF STATE JUDICIAL SYSTEMS INFLUENCED BY POLITICAL CULTURES. IN THE FEDERAL COURT SYSTEM, COURT STRUCTURE AND PERSONNEL SELECTION ARE INFLUENCED BY THE POLITICAL CULTURE. POLITICAL CULTURE CAN INFLUENCE THE INTERNAL OPERATIONS OF COURTS IN THREE MODES: (1) DIRECT EFFECTS, WHICH CONCERN THE DIRECT INFLUENCE OF COMMUNITY VALUES ON COURT DECISIONS, SUCH AS COMMUNITY DEMAND THAT CRIMINALS BE TREATED HARSHLY; (2) INDIRECT EFFECTS, WHICH HAVE TO DO WITH THE INFLUENCE OF COMMUNITY VALUES ON INDIVIDUALS SELECTED AS COURT PERSONNEL; AND (3) INTERACTION EFFECTS, WHICH INVOLVE THE EFFECTS OF POLITICAL CULTURE ON OTHER VARIABLES AFFECTING COURT ACTIONS. THE IDENTIFICATION OF POLITICAL CULTURE AS AN INFLUENCING FACTOR IN THE EXTERNAL STRUCTURE AND INTERNAL OPERATIONS OF COURTS, PARTICULARLY ITS INTERACTIVE EFFECT ON OTHER EXPLANATORY VARIABLES, CALLS FOR FUTURE RESEARCH TO DEVELOP MORE COMPLEX INTERACTIVE MODELS TO EXPLAIN WHY JUDICIAL SYSTEMS ARE STRUCTURED AND OPERATE IN PARTICULAR WAYS. NOTES AND REFERENCES ARE PROVIDED. (RCB)