U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Magistracy and Scientific Studies (From Strafrechtsbedeling en Wetenschappelijk Onderzoek, P 250-279, 1978, Marianne Geeroms, ed. - See NCJ-79664)

NCJ Number
79673
Author(s)
L vanOutrive
Date Published
1978
Length
30 pages
Annotation
Obstacles to cooperation between practicing jurists and researchers in human behavioral sciences are discussed.
Abstract
Conflicts exist between jurists and researchers of human behavior both because of their different positions in society and because of their differing images of their own and each other's positions. Obstacles on the part of judges include a nonuniform, unidimensional education without understanding of the social sciences; limitation of the judicial profession to the upper classes; a hierarchical, disciplined, and closed judicial working system which promotes distance from society at large; and the minimal politicization of modifications to the judicial system. At the same time, researchers lack knowledge of the law and legal thinking, neglect to communicate with judges, make no effort to overcome the isolation of their individual work and theories, devote little attention to the complex of sociological factors in their approach to judicial decisionmaking, and often become the victims of overenthusiastic collaborators interested in perpetuating existing judicial policies. Under these circumstances, a number of methodological requirements are evident. Researchers must turn their attention to historical, political, and socioeconomic analyses, to comparative research and to intensive qualitative research on small samples. Quasi-judicial approaches should be avoided, and only nonjudicial terms of reference can be used to demystify the administration of criminal justice. Research priorities are operational and cost-benefit analysis on the functioning of the administration of criminal justice, investigation of the early stages of the criminal justice system (e.g., police and prosecutor's office), and comparison of criminal judges to civil and administrative judges. Notes and a 21-item bibliography are supplied.

Downloads

No download available

Availability