NCJ Number
58134
Journal
Public Interest Issue: 50 Dated: (WINTER 1978) Pages: 64-80
Date Published
1978
Length
17 pages
Annotation
AN EXAMINATION OF THE JUDICIARY'S ROLE IN OVERSEEING, CORRECTING, SETTING STANDARDS FOR, AND DIRECTLY ADMINISTERING SOCIAL SERVICES IS UNDERTAKEN IN THIS ARTICLE FOCUSING ON THE DRAWBACKS OF SUCH A ROLE.
Abstract
JUDGES HAVE PLAYED AN EVER LARGER PART IN ADMINISTERING SCHOOLS, MENTAL HOSPITALS, PRISONS, AND OTHER INSTITUTIONS. IN THE PAST THE COURTS WERE CONTENT TO HAVE THESE INSTITUTIONS ENACT COURT-ORDERED REFORMS WITHOUT DIRECT COURT SUPERVISION. HOWEVER, SUBSEQUENT JUDICIAL DECISIONS HAVE REQUIRED FAIRLY ELABORATE PROVISIONS FOR SUPERVISION AND ADMINISTRATION. SCHOOL DESEGREGATION ORDERS HAVE SERVED AS A MODEL FOR SUCH ORDERS. CAREFUL ATTENTION HAS NOT FOCUSED ON THE IMPACT SUCH JUDICIAL INTERVENTION HAS HAD ON THESE INSTITUTIONS. DETERMINING THE IMPACT OF SUCH INTERVENTION, HOWEVER, IS EXTREMELY DIFFICULT. NEVERTHELESS, FIVE HYPOTHESES CONCERNING THE LARGER IMPACT OF SUCH ACTION ON SOCIAL POLICY DO APPEAR REASONABLE. FIRST, THE STRENGTHENING OF THE RIGHTS OF INSTITUTIONAL CLIENTS NECESSARILY WEAKENS THE POWER OF THE PROFESSIONALS IN CHARGE OF THESE INSTITUTIONS. SECOND, COURT-ORDERED PROCEDURES DESIGNED TO MAKE ADMINISTRATORS AND CARE PROVIDERS EQUAL TO THE CLIENTS HAVE HAD THE EFFECT OF REDUCING THE AUTHORITY OF THESE PROFESSONALS. THIRD, COURT HEARINGS HAVE GIVEN GREATER WEIGHT TO THEORETICAL KNOWLEDGE AS AGAINST PRACTICAL OR CLINICAL KNOWLEDGE. FOURTH, SUCH THEORETICAL KNOWLEDGE CAN ONLY BE CONSIDERED TENTATIVE AND SUBJECT TO SUBSEQUENT CHANGE AND MODIFICATION. FINALLY, THE ROLES OF LAWYERS AND THE THEORETICAL PROFESSIONS HAVE BEEN EXPANDED AT THE EXPENSE OF ADMINISTRATORS. IF THESE HYPOTHESES ARE SUSTAINED BY INVESTIGATON, ONE MAY WELL WONDER WHETHER SOCIAL POLICY HAS BEEN IMPROVED BY JUDICIAL INTERVENTION. NO REFERENCES ARE INCLUDED. (KCP)