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Intro -- Summary of Contents -- Table of Contents (Full) -- Part I. Foreword: Defining the Focus -- Chapter 1. Introduction to the Book -- Chapter 2. Introduction to Law and the Judicial Process -- Part II. Social Research and Substantive Justice: Lawmaking in the Appellate Process -- Chapter 3. Creation of Law: Case Study of Southern School Desegregation -- Chapter 4. Implementation and Expansion of Law: Case Study of Southern and Northern School Desegregation -- Chapter 5. Contraction and Abolition of Law: Case Study of the Death Penalty -- Chapter 6. Impact of Law: Case Study of Regulating Police Conduct -- Part III. Social Research and Procedural Justice: Fact-Finding in the Trial Process -- Chapter 7. Selection of the Jury: Case Study of Jury Impartiality -- Chapter 8. Functioning of the Jury: Case Study of Jury Size, Verdict, and Litigation Complexity -- Chapter 9. Presentations to the Jury: Case Study of Evidence Rules -- Chapter 10. Extrajudicial Influences on the Jury Before Trial: Case Study of Eyewitness Identification -- Part IV. Afterword: Perspectives on the Focus -- Chapter 11. Historical and Conceptual Perspectives on Psycholegal Research -- Chapter 12. Jurisprudential Perspectives on the Judicial Process -- Chapter 13. Conceptual and Jurisprudential Perspectives on the Uses of Social Research in the Judicial Process

There is perhaps no better setting in which to discuss the role of social research in the courts than that of school desegregation. From its early, rural, southern beginnings in Brown to its present, urban, northern manifestation in the Detroit case of Milliken v. Bradley, empirical evidence has been used in the litigation. In 1954, the Supreme Court declared that "[s]eparate educational facilities are inherently unequal" and ruled that the separate-but-equal doctrine of Plessy v. Ferguson—which for half a century had legitimated Jim Crow legislation—had "no place" in the public schools. Eleanor Wolf, Professor of Sociology at Wayne State University, provides a detailed account of this litigation in Trial and Error: The Detroit School Segregation Case. This article reviews the book and uses it as a springboard to examine broader issues concerning the uses and limits of social research in the judicial process. Since judicial reliance on empirical inquiry may vary according to the problems under consideration, these issues cannot be addressed in the abstract. They have to be discussed in the context of a particular substantive problem; hence, the topic chosen here is school desegregation.

In July 1975, riding the crest of the national reform movement, the Washington State legislature enacted a new rape law that repealed a centenarian, common law-based statute. This article presents the results of an empirical study of the effects of the common law and reform rape statutes on prosecution in King County (Seattle), Washington, and assesses the implications of the findings for the law of rape and for prosecutorial discretion in the charging of rape. To the extent that definitional elements of the new Washington law have parallels in reform statutes of other states, and the statistical profile of the incidence and circumstances of the crime in King County is similar to that found in other jurisdictions, the findings and conclusions of this study have broader significance.

A questionnaire survey of nationalist attitudes of a nonrepresentative sample of 374 high school youth in Quebec and Belgium was conducted. Scales of political and cultural nationalism, constructed by factor analysis and interitem correlations, had satisfactory alpha reliability and concurrent validity. The effects of different kinds of status on nationalist attitudes were examined. Political nationalism was found related to ethnicity (ascribed status) and social class (achieved status), but not to the interaction of ethnicity and social class (status inconsistency). The relationship between bilingualism and nationalism was also explored. Bilingual fluency was associated with cultural, but not with political, nationalism.