SCALING JUDICIAL DECISIONS - THE PANEL DECISION MAKING PROCESS OF THE US COURTS OF APPEALS

• NCJ Number: 35951
• Author(s): J P MCIVER
• Date Published: 1976
• Length: 20 pages
• Corporate Author: Indiana University
• Sale Source: National Institute of Justice/
• Language: English
• Country: United States of America

Annotation

THIS PAPER PROPOSES A MODIFIED CUMULATIVE SCALING PROCEDURE TO IDENTIFY THE MAJOR ATTITUDE DIMENSIONS OF A COURT OF APPEALS BASED ON THE DECISIONS OF THE MULTIPLE COMBINATIONS OF CIRCUIT JUDGES SITTING IN PANELS.

Abstract

THIS MODEL, WHICH IS APPLICABLE ONLY TO NON-UNANIMOUS DECISIONS, REQUIRES A RELATIVELY STABLE MEMBERSHIP OF THE COURT, SINCE THE AVERAGE DISSENT RATE FOR ALL OF THE CIRCUITS IS ONLY 10 PERCENT, AND A LARGE NUMBER OF DECISIONS IS THUS NEEDED IN ORDER TO SCALE THE WHOLE COURT. THE DATA USED CONSIST OF THE VOTING RECORDS AND OPINIONS OF THE JUDGES OF THE SECOND CIRCUIT OF THE US COURTS OF APPEALS OVER FOUR CARS. A UNIDIMENSIONAL LIBERAL CONSERVATIVE SCALE IS USED.