EXPLORING THE CONSERVATISM OF FEDERAL APPEALS COURT JUDGES

• NCJ Number: 34291
• Journal: Indiana Law Journal Volume: 51 Issue: 2 Dated: (WINTER 1976) Pages: 257-279
• Author(s): C M LAMB
• Date Published: 1976
• Length: 23 pages
• Corporate Author: Indiana University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE EXPLORES THE VALUE OF TIME AND ISSUE CUMULATIVE SUBSCALES FOR MEASURING CHANGING ATTITUDINAL TENDENCIES OF APPEALS COURT JUDGES.

Abstract

TWO HYPOTHESES ARE TESTED: THAT THE ATTITUDES OF JUDGES GROW MORE CONSERVATIVE OVER TIME AS THEY ARE AND THAT THIS GROWING CONSERVATISM VARIES ACCORDING TO SPECIFIC QUESTIONS WITHIN BROADER LEGAL AREAS. THE 53 NONUNANIMOUS EN BANC CRIMINAL CASES DECIDED BETWEEN 1956 AND 1959 BY THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA WERE SELECTED FOR EXAMINATION. CUMULATING SCALING OF JUDGE VOTING BEHAVIOR INDICATED THAT WHERE SIGNIFICANT ATTITUDINAL CHANGES DID OCCUR WITH AGE, JUDGES BECAME MORE CONSERVATIVE. ON THE TWO SPECIFIC ISSUES EXAMINED (INSANITY PLEAS AND APPELLANTS CLAIMING AN UNNECESSARY DELAY IN PRELIMINARY HEARINGS) THERE WAS LITTLE VARIANCE IN THE VOTING OF MOST JUDGES OVER THE YEARS.