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Capacity of Courts as Policy-Making Forums (From Public Policy, Crime, and Criminal Justice, Second Edition, P 240-256, 2000, Barry W. Hancock and Paul M. Sharp, eds. -- See NCJ-183970)

NCJ Number
183963
Author(s)
Christopher E. Smith
Date Published
2000
Length
17 pages
Annotation
The issues of court legitimacy and capacity for policy-making are related and both need to exist for effective judicial policy-making.
Abstract
Social science research on judicial decision-making has shown that judicial decisions are shaped by the same kinds of personal and political influences that affect decisions in other branches of government. Nonetheless, decision-making processes in the judicial branch are structured differently than parallel processes in other government institutions. The judicial process involves different actors and different kinds of information, and decision-makers in the judiciary possess role concepts and authorities that differ from those of elected officials. Arguments endorsing and opposing courts as policy-making forums are presented, and the capacity of courts to function as policy-making forums is assessed in terms of access to information, the policy process, and the consequences of judicial decisions. The implementation of judicial decisions is also discussed in the policy-making context. 45 notes

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