NCJ Number
199162
Journal
The Justice System Journal Volume: 23 Issue: 3 Dated: 2002 Pages: 317-343
Date Published
2002
Length
27 pages
Annotation
This article examines the potential of disparate treatment within the court system extending to case outcomes.
Abstract
Beginning by summarizing the 2001 Conference of State Court Administrators’ declaration that it is necessary for State judiciaries to actively work to address bias within the court system, the author describes the difficulties in accurately evaluating disparate treatment within the court system, empirically. Arguing that data concerning litigants’ background, characteristics of court cases, types of representation, and demographics of trier of fact are all important in enabling researchers and practitioners to evaluate possible explanations for disparities within the court system, the author focuses on the mechanics of data collection and experimental data. Turning to a New Mexico pilot study reviewing court operations with qualitative and quantitative methods, the author found that litigants’ response patterns concerning possible bias differed significantly depending on whether survey forms were given to respondents at the start or at the close of litigations. The author suggests that the New Mexico pilot study should encourage other court systems to use data collection as part of an empirical quantitative assessment of their operations and potential biases. In conclusion, quantitative and qualitative data are both important in providing comparisons between perceptions of courtroom treatment and actual case outcomes. An appendix presenting the New Mexico courts questionnaire completes this article. Tables, references