LEGAL PROCESS - MODELING THE SYSTEM

• NCJ Number: 45008
• Author(s): SS NAGEL; M NEEF
• Date Published: 1977
• Length: 215 pages
• Sponsoring Agency: Ford Foundation; University of Illinois; US Dept of Justice; US Dept of Justice NIJ Pub
• Sale Source: Sage Publications, Inc
• Language: English
• Country: United States of America
• Note: SAGE LIBRARY OF SOCIAL RESEARCH

Annotation

THE TEXT DISCUSSES THE RELEVANCE OF DEDUCTIVE MODELING TO EXPLAIN WHY THE LEGAL PROCESS OPERATES THE WAY IT DOES, AND HOW IT CAN BE MADE TO OPERATE MORE EFFECTIVELY.

Abstract

A DEDUCTIVE MODEL IS A SYSTEM OF PREMISES AND CONCLUSIONS IN WHICH THE PREMISES ARE DERIVED FROM EMPIRICAL OBSERVATION, PRIOR DEDUCTIONS, OR ARE ACCEPTED WITHOUT PROOF, AND WHERE THE CONCLUSIONS ARE DERIVED SOLELY FROM THE PREMISES. DEDUCTIVE MODELS CAN BE REDUCED TO THE SIMPLE SYLLOGISTIC FORM: (1) X BEARS RELATION TO Z, (2) Z BEARS A RELATION TO Y, AND THEREFORE (3) X BEARS A RELATION TO Y, WHICH FOLLOWS FROM THE FIRST TWO RELATIONS. AN EXAMPLE FROM THE CRIMINAL JUSTICE FIELD MIGHT INVOLVE STARTING WITH THE LEGAL OR EMPIRICAL PREMISE THAT ALL MEMBERS OF A JURY MUST GENERALLY BE CONVINCED OF THE GUILT OF THE DEFENDANT IN ORDER FOR THE JURY TO CONVICT. A SECOND PREMISE MIGHT BE THAT IT IS MORE DIFFICULT TO CONVINCE TWELVE PERSONS OF THE GUILT OF A DEFENDANT THAN TO CONVINCE SIX PERSONS. ONE COULD THEREFORE CONCLUDE THAT TWELVE-PERSON JURIES ARE LESS LIKELY TO CONVICT THAN SIX-PERSON JURIES. IN THIS EXAMPLE, THE INPUT X VARIABLE IS JURY SIZE, WHICH CAN BE SIX OR TWELVE; THE OUTPUT Y VARIABLE IS THE JURY DECISION, WHICH CAN BE CONVICTION OR NONCONVICTION; AND THE INTERVENING Z VARIABLE IS WHETHER OR NOT THE JURORS ARE CONVINCED OF THE GUILT OF THE DEFENDANT. ALL OF THESE RELATIONS ARE CAUSAL OR DEFINITIONAL. DEDUCTIVE MODELS CAN BE CLASSIFIED IN VARIOUS WAYS, THE MOST IMPORTANT BEING IN TERMS OF THEIR USES OF PURPOSES. CAUSAL MODELS HAVE CONCLUSIONS OF THE FORM: X CAUSES Y; PRESCRIPTIVE MODELS HAVE CONCLUSIONS OF THE FORM: X SHOULD BE ADOPTED. CAUSAL MODELING HAS IMPORTANT USES IN MAKING POLICY DECISIONS, WHILE PRESCRIPTIVE MODELING CAN AFFECT THE CONCLUSION ABOUT WHAT DECISION SHOULD BE ADOPTED. CHAPTERS ILLUSTRATE THE PURPOSES OF DEDUCTIVE MODELING AS APPLIED TO THE LEGAL PROCESS. THE MODELS RELATE TO THE OVERALL LEGAL PROCESS, TO PRETRIAL MATTERS, AND TO RESOLVING LITIGATION THROUGH BARGAINING OR TRIAL. (AUTHOR ABSTRACT MODIFIED).