NCJ Number
40571
Date Published
1977
Length
309 pages
Annotation
THE FOCUS OF THIS BOOK IS ON JUDICIAL DECISIONMAKING AND THE RESULTING CAPACITY OF COURTS TO MAKE AND IMPLEMENT SOCIAL POLICY.
Abstract
TRACING THE IMPRINT OF THE JUDICIAL PROCESS ON POLICIES THAT EMERGE FROM IT - EDUCATION AND EMPLOYMENT POLICIES, ENVIRONMENT ISSUES, PRISON MANAGEMENT, AND WELFARE ADMINISTRATION - THE AUTHOR QUESTIONS WHETHER THE PROCESS OF ADJUDICATION IS APPROPRIATE TO THESE POLICYMAKING CHALLENGES. HE CONCENTRATES ON A NUMBER OF IMPORTANT QUESTIONS: HOW ISSUES EMERGE IN LITIGATION, HOW COURTS OBTAIN THEIR INFORMATION, HOW JUDGES USE SOCIAL SCIENCE DATA, HOW LEGAL SOLUTIONS TO SOCIAL PROBLEMS ARE DEVISED, AND WHAT HAPPENS TO JUDGE-MADE SOCIAL POLICY AFTER DECREE LEAVES THE COURTHOUSE. AFTER A GENERAL ANALYSIS OF THE ADJUDICATION PROCESS AS IT AFFECTS SOCIAL POLICYMAKING, THE AUTHOR PRESENTS FOUR CASE STUDIES OF LITIGATION INVOLVING URBAN AFFAIRS, EDUCATIONAL RESOURCES, JUVENILE COURTS AND DELINQUENCY, AND POLICE BEHAVIOR. IN EACH, THE ASSUMPTIONS AND EVIDENCE WITH WHICH THE COURTS APPROACHED THEIR POLICY PROBLEMS ARE MATCHED AGAINST DATA ABOUT THE SOCIAL SETTINGS FROM WHICH THE CASES AROSE AND THE EFFECTS THE DECREES HAD. THE CONCERN THROUGHOUT THE BOOK IS TO RELATE THE POLICY PROCESS TO THE POLICY OUTCOME. FROM AN ANALYSIS OF ADJUDICATION AND THE FINDINGS OF HIS CASE STUDIES, THE AUTHOR CONCLUDES THAT THE RESOURCES OF THE COURTS ARE NOT ADEQUATE TO THE NEW CHALLENGES CONFRONTING THEM. THE FINAL CHAPTER CONTAINS SUGGESTIONS FOR IMPROVING THE POLICYMAKING ABILITY OF THE COURTS. (AUTHOR ABSTRACT) (SNI ABSTRACT)...KAP