NCJ Number
125072
Journal
Law and Policy Volume: 12 Issue: 1 Dated: (January 1990) Pages: 1-23
Date Published
1990
Length
23 pages
Annotation
The Supreme Court early took note of extralegal, "social science" materials in Muller vs. Oregon (1908), and a half-century later made specific reference to social science authorities in the famous footnote 11 of Brown v. Board of Education (1954).
Abstract
Since Brown, much has been written about the Supreme Court's use of social science research evidence, but there has been little systematic study of that use. Those writing on the subject commonly focus on areas of law such as jury size, where social science has been used, and have generally assumed that social science information has been utilized in Supreme Court decisions with increasing regularity. Surprisingly little is known, however, about either the justices' baseline use of social science authorities or many other aspects of their uses of social science information. The focus here is on the citation of social science research evidence in a sample of 240 criminal cases decided during the 30 years between the Supreme Court's 1958 and 1987 Terms. The resulting portrait contributes to a fuller understanding of the justices' use of social science materials and may ultimately help promote effective utilization of social science research evidence in Supreme Court decisions. 4 tables, 1 appendix, 15 notes, 95 references. (Author abstract)