Journal ArticleDOI
The forms of judicial policymaking: Civil liability and criminal justice policy
Christopher E. Smith,John Hurst +1 more
TLDR
This paper found that civil liability lawsuits led to law enforcement policy changes more frequently than constitutional decisions by the Supreme Court in recent years, while nearly two-thirds believed that U.S. Supreme Court decisions had little impact or made their jobs easier.Abstract:
Studies of judicial policymaking traditionally focus on appellate court decisions but neglect the importance of civil liability verdicts and settlements as policy-shaping out-comes produced by the judicial branch. This study sought to compare the influence of constitutional appellate decisions and trial court outcomes in shaping criminal justice policies. A national survey of police executives revealed that civil liability lawsuits led to law enforcement policy changes more frequently than constitutional decisions by the Supreme Court in recent years. In addition, more than three-quarters of respondents declared that civil liability cases are making their jobs more difficult, while nearly two-thirds believed that U.S. Supreme Court decisions had little impact or made their jobs easier.read more
Citations
More filters
Posted Content
Miranda's Revenge: Police Interrogation as a Confidence Game
TL;DR: In this article, the authors explore the intricacies and mechanics of police interrogations in light of the Miranda decision and conclude that Miranda's enduring legacy has been to transform police power inside the interrogation room without undermining its effectiveness.
Journal ArticleDOI
Civil Liabilities and Arrest Decisions
TL;DR: In the United States, police are more likely to be defendants in a civil liability suit than at any other time in American history (del Carmen, 1991, 1994; Liability Reporter, 1999) as mentioned in this paper.
A Content Analysis of Section 1983 Litigation Against Reserve Police Officers
TL;DR: In this paper, a context of Law Enforcement Liability and the use and Liability of reserve police officers is discussed, and the purpose of the study is to investigate the role of reserve officers in the creation of significant Section 1983 Liability.
Journal ArticleDOI
The Rehnquist Court and Criminal Justice An Empirical Assessment
TL;DR: The Rehnquist Court as mentioned in this paper is a conservative majority of the United States Supreme Court, which is composed of five justices: Antonin Scalia, John Paul Stevens, Sandra Day O'Connor, David H. Souter, Clarence Thomas, Ruth Bader Ginsburg, Stephen G. Breyer, and Anthony Kennedy.
References
More filters
Journal ArticleDOI
The hollow hope : can courts bring about social change?
TL;DR: Rosenberg's second edition of "The Hollow Hope" as mentioned in this paper was published in 2000, and it has been widely cited as a seminal work in political and social reform research.
Book
The courts and social policy
TL;DR: Horowitz et al. as mentioned in this paper studied the capacity of American judges to make and implement social policy and concluded that the resources of the courts are not adequate to the new challenges confronting them.
Journal ArticleDOI
The Courts and Social Policy.
TL;DR: Horowitz et al. as mentioned in this paper studied the capacity of American judges to make and implement social policy and concluded that the resources of the courts are not adequate to the new challenges confronting them.
Book
Judicial Policies : Implementation and Impact
TL;DR: The second edition of the book as mentioned in this paper discusses and responds to the significant research that has been published since the first edition appeared, and argues that judicial policies in the United States are substantially influenced by how the courts and other political actors respond to judicial decisions.
Book
Liability: The Legal Revolution and Its Consequences
TL;DR: In this paper, the authors discuss the death of contract, and the search for new rules for new contracts, knowledge of the Law is No Excuse, and New Town Meeting Resetting the Clock Sentence without Verdict Pain and Punishment Insurance in Retreat.