BEHAVIORAL TENDENCIES IN THE THREE-JUDGE DISTRICT COURT

In: American journal of political science: AJPS, Band 17, Heft 2, S. 407-413

Abstract

INFLUENCE SUPPORT PATTERNS EXISTING WITHIN FEDERAL 3 JUDGE DISTRICT COURTS IN THE US ARE EXAMINED THROUGH THE USE OF SEVERAL BEHAVIORAL INDICATORS. 3 JUDGE DISTRICT COURTS ARE CONCEPTUALIZED AS SMALL POLITICAL GROUPS WHOSE MEMBERS WORK IN A COLLEGIAL ATMOSPHERE TO DECIDE LEGAL CASES. THE MEMBERS OF THESE GROUPS WITH THE HIGHEST AMOUNTS OF STATUS & EXPERTISE WOULD PROBABLY BE THE MOST INFLUENTIAL DECISION-MAKERS WITHIN THE 3 JUDGE COURT STRUCTURE. DATA WERE GATHERED ON THE DECISIONS OF 56 3 JUDGE DISTRICT COURTS DURING THE YEARS 1963-1968. BASED UPON AN EXAMINATION OF OPINION WRITING RATES & OPINION SUPPORT PATTERNS, INFLUENCE STRUCTURES WITHIN THE GROUPS WERE DETERMINED. THE MOST INFLUENTIAL JUDGES SITTING ON SUCH COURTS WERE THOSE WITH RELATIVELY HS LEVELS, FOLLOWED BY THOSE JUDGES WITH RELATIVELY HIGH LEVELS OF EXPERTISE. JUDGES WHO POSSESSED RELATIVELY LOW LEVELS OF STATUS & EXPERTISE DEMONSTRATED LITTLE INFLUENCE WITHIN THESE JUDICIAL GROUPS. 1 TABLE. AA.