USE OF SOCIAL RESEARCH IN THE COURTS (FROM KNOWLEDGE AND POLICY - THE UNCERTAIN CONNECTION, 1978, BY LAURENCE E LYNN)

• NCJ Number: 56796
• Author(s): S M COLLINS
• Date Published: 1978
• Length: 39 pages
• Corporate Author: Information Canada
• Publication Format: Article
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

SOCIAL SCIENCE APPLICATIONS IN THE JUDICIAL SYSTEM AND FORCES INFLUENCING THE GROWTH OF COOPERATION BETWEEN LEGAL AND SOCIAL SCIENCE FIELDS ARE EXAMINED, WITH SPECIAL ATTENTION GIVEN TO RESEARCH AND EVIDENCE.

Abstract

THE FUNCTION OF SOCIAL SCIENCE IS TO OBSERVE AND EVALUATE. WHEREAS SOCIAL SCIENCE RESEARCH ANALYZES COLLECTIONS OF DATA AND GENERALIZES, LEGAL RESEARCH EVALUATES AND ORDERS INDIVIDUAL FINITE SITUATIONS. TYPES OF SOCIAL SCIENCE RESEARCH MOST COMMONLY INCORPORATED INTO LEGAL CASES ARE EXPERT TESTIMONY, RESULTS OF EXISTING STUDIES, PUBLIC OPINION POLLS, AND RESULTS OF STUDIES CONDUCTED SPECIFICALLY FOR THE CASE AT HAND. LEGAL INPUT FROM SOCIAL SCIENCE DISCIPLINES VARIES. AT ONE EXTREME IS ECONOMIC RESEARCH; AT THE OTHER EXTREME ARE ANTHROPOLOGY AND PSYCHOLOGICAL/SOCIOLOGICAL RESEARCH. OF ALL SOCIAL SCIENCE RESEARCH, ECONOMIC EVIDENCE REGARDING LABOR, ANTITRUST AND TRADE REGULATIONS, TRADEMARKS, LICENSING, TAXATION, AND CORPORATIONS HAS BEEN USED MOST EXTENSIVELY BY THE COURTS. THE BRANDEIS BRIEF, RELYING HEAVILY ON SOCIAL SCIENCE RESEARCH (ECONOMIC RESEARCH), PAVED THE WAY FOR THE USE OF SOCIAL SCIENCE DATA IN COURT DECISIONS. IN ADDITION TO ECONOMIC ISSUE RESEARCH ISSUES, OTHER PARAMETERS OF IMPORTANCE ARE THE USE OF STATISTICS AND PROBABILISTIC EVIDENCE IN THE COURTROOM, JURY AND COMMUNITY BIAS, JURY SIZE, AND BAIL AND PRETRIAL DETENTION. MANY ATTORNEYS USE PUBLIC OPINION SURVEY RESULTS, AND COURTS ARE OFTEN REQUIRED TO JUDGE THE ADMISSIBILITY OF THESE SURVEYS. ANTHROPOLOGICAL RESEARCH IS SELDOM USED IN THE LEGAL PROFESSION. PSYCHOLOGICAL/SOCIOLOGICAL RESEARCH IS CONTROVERSIAL BUT HAS BEEN USED IN CASES INVOLVING SEGREGATION AND INTEGRATION, DISCRIMINATION IN PUBLIC EDUCATION OPPORTUNITIES, EMPLOYMENT, AND SCHOOL FINANCING. THREE FORCES APPEAR AS MAJOR BARRIERS TO COOPERATION BETWEEN THE SOCIAL SCIENCE FIELD AND THE LEGAL PROFESSION: (1) INTELLECTUAL STRAIN BETWEEN LAWYERS AND SOCIAL SCIENTISTS; (2) POLITICAL CONTEXT WITHIN WHICH SOCIAL SCIENCE AND THE LAW MUST INTERACT; AND (3) TIME LAG BETWEEN THE RESULTS OF RESEARCH BY SOCIAL SCIENTIST AND THE IMPACT OF RESULTS ON SOCIETAL ATTITUDES. CASE LAW AND REFERENCES ARE CITED. (DEP)