FEDERAL JUDGES AND THEIR POLITICAL ENVIRONMENTS - THE INFLUENCE OF PUBLIC OPINION

• NCJ Number: 61707
• Journal: American Journal of Political Science Volume: 23 Issue: 1 Dated: (FEBRUARY 1979) Pages: 194-207
• Author(s): H M KRITZER
• Date Published: 1979
• Length: 14 pages
• Corporate Author: University of Texas Press
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A CRITIQUE IS PRESENTED OF A 1977 STUDY WHICH CONTENDED THAT FEDERAL DISTRICT JUDGES WERE INFLUENCED BY PUBLIC OPINION IN THEIR DECISIONMAKING.

Abstract

FOCUSING ON THE SENTENCING OF DRAFT OFFENDERS DURING THE VIETNAM WAR, BEVERLY COOK USED AS THE MEASURE OF DECISIONMAKING THE DIFFERENCE BETWEEN THE PROPORTION OF ALL FEDERAL OFFENDERS RECEIVING SENTENCES OF PROBATION AND THE PROPORTION OF DRAFT OFFENDERS RECEIVING PROBATIONARY SENTENCES. COOK'S INDICATOR OF PUBLIC OPINION WAS THE PROPORTION OF RESPONDENTS WHO ANSWERED AFFIRMATIVELY TO A GALLUP POLL QUESTION WHETHER AMERICAN TROOP COMMITMENTS TO VIET NAM WERE A MISTAKE. COOK FOUND THAT AS FEDERAL DISTRICT JUDGES' SENTENCES OF DRAFT OFFENDERS LIGHTENED. HOWEVER, IT IS CONTENDED IN THIS CRITIQUE THAT AS HEAVIER SENTENCING AT THE WAR'S BEGINNING CORRESPONDED TO THE ABSENCE OF PUBLIC SUPPORT OF THE WAR, THE LIGHTER SENTENCING MERELY REFLECTED JUDGES' OWN DOUBTS ABOUT THE WAR. COOK'S STUDY OF STATEWIDE PUBLIC OPINION AND JUDGES' DECISIONS IS ALSO FAULTED BECAUSE IT REPORTED PUBLIC OPINION BY STATE BUT DECISIONS BY DISTRICT; THIS RESULTED IN IMBALANCES THAT PROVIDE THE IMPRESSION THAT JUDGES ARE INFLUENCED BY LOCAL OPINION. COOK IS ALSO CRITICIZED FOR COMPARING DRAFT-OFFENDER SENTENCES WITH SENTENCES FOR ALL OFFENDERS WITHIN A DISTRICT IN ORDER TO CONTROL FOR OVERALL SEVERITY; SIMPLY COMPARING DRAFT-OFFENDER SENTENCES IN DIFFERENT YEARS IS A BETTER METHOD. FURTHERMORE, THE GALLUP POLL QUESTION COOK USED TO MEASURE PUBLIC SUPPORT FOR THE WAR DOES NOT DISTINGUISH BETWEEN SUPPORT FOR A STRONGER STAND IN THE WAR OR SUPPORT FOR A LESS MILITANT STAND. COOK ALSO DID NOT SUFFICIENTLY CONSIDER INTRA-STATE DIFFERENCES IN JUDICIAL DECISIONS. BECAUSE RESEARCHERS DISAGREE ON THE EXTENT OF JUDICIAL SENSITIVITY TO PUBLIC OPINION, FURTHER RESEARCH IS NEEDED. METHODS FOR MEASURING THE EFFECT OF LOCAL PUBLIC OPINION ON LOCAL SENTENCING ARE PRESENTED. CHARTS, FOOTNOTES, TABULAR DATA, AND REFERENCES ARE INCLUDED. AN APPENDIX CONTAINS A DISCUSSION ON PUBLIC OPINION AND SENTENCING IN FEDERAL CRIMINAL CASES. (PP)