NCJ Number
195636
Journal
Journal of Contemporary Criminal Justice Volume: 18 Issue: 2 Dated: May 2002 Pages: 115-131
Date Published
2002
Length
17 pages
Annotation
This article examines whether high social capital has implications for whether or not citizens are afforded increased constitutional protection from their State courts.
Abstract
This study examined the relationship between social capital, defined as the “social connections and the attendant norms and trust” of a community and the rights of accused violators of those norms. More specifically, the authors examined whether a State’s level of social capital affected the likelihood of its highest court granting criminal defendants rights beyond those mandated by the United States Supreme Court. The hypothesis under investigation was that as the social capital of a community increases, individuals charged with a crime might experience increased sanctions and decreased constitutional protections from the State. The authors thus contribute to the literature an understanding of the pitfalls of high social capital. The authors employed a multivariate, ordinary least squares regression analysis on the total number of doctrinal areas where a U.S. State provided increased constitutional protection to its citizens. Independent variables included previously developed measures of social capital. The results provide support to the authors’ hypothesis that social capital does, indeed, affect a States decision to grant increased constitutional protection to those accused of violating its norms. Tables, appendix, notes, and references