UTILIZATION OF SOCIOLOGICAL DATA IN JUDICIAL DECISION-MAKING AT THE SUPREME COURT LEVEL

• NCJ Number: 7313
• Author(s): A L DAVIS
• Date Published: 1969
• Length: 177 pages
• Sale Source: UMI Dissertation Services
• Publication Type: Thesis/Dissertation
• Language: English
• Country: United States of America
• Note: UNPUBLISHED DISSERTATION

Annotation

AN OVERVIEW OF THE EXTENT TO WHICH SOCIOLOGICAL FINDINGS HAVE INFLUENCED JUDICIAL DECISIONS.

Abstract

THE AUTHOR CONCLUDES THAT THE THEORETICAL ORIENTATION OF JUDGES IS A RESULT OF THEIR VALUE SYSTEM. THEREFORE, WHEN SOCIOLOGICAL DATA SUPPORT OR COINCIDE WITH THEIR VALUE SYSTEM, THEY ARE LOOKED UPON WITH FAVOR IN THE OPINION, BUT WHEN SUCH DATA ARE PRESENTED IN A CONVINCING MANNER IN A CASE AND DO NOT COINCIDE WITH THEIR BELIEFS OR SYSTEM OF VALUES. THE PRECONCEIVED THEORY HELD BY THE MAJORITY PREVAILS OVER THE DATA. IN MANY INSTANCES THE SUPREME COURT WILL TAKE JUDICIAL NOTICE OF SOCIOLOGICAL DATA BUT WILL NOT STATE EXPLICITLY WHY SUCH DATA WERE RELEVANT IN THE DECISION-MAKING PROCESS. THE RESEARCHER THEREFORE HAS TO SPECULATE FOR AN ANSWER AND MUST REALIZE THAT JUDICIAL UTILIZATION OF THESE DATA DOES NOT MEAN THAT THEY WILL AUTOMATICALLY HAVE A DECISIVE INFLUENCE ON THE OUTCOME OF A CONTROVERSY. ANOTHER HYPOTHESIS WHICH THE AUTHOR COVERS IS THAT THE NATURE OF THE ISSUE IN A CASE DETERMINES TO A LARGE EXTENT THE DEGREE OF INFLUENCE THAT SOCIOLOGICAL DATA WILL HAVE ON THE FINAL DECISION. BIBLIOGRAPHY (AUTHOR ABSTRACT)