Thirty Years of Social Science in Supreme Court Criminal Cases*
作者:
JAMES R. ACKER,
期刊:
Law&Policy
(WILEY Available online 1990)
卷期:
Volume 12,
issue 1
页码: 1-23
ISSN:0265-8240
年代: 1990
DOI:10.1111/j.1467-9930.1990.tb00039.x
出版商: Blackwell Publishing Ltd
数据来源: WILEY
摘要:
The Supreme Court early took note of extralegal, “social science” materials inMuller v. Oregon(1908), and a half‐century later made specific reference to social science authorities in the famous footnote 11 ofBrown v. Board of Education(1954). SinceBrown,much has been written about the Supreme Court's use of social science research evidence, but there has been little systematic study of that use. Those writing on the subject commonly focus on areas of law such as jury size, where social science has been used, and have generally assumed that social science information has been utilized in Supreme Court decisions with increasing regularity. Surprisingly little is known, however, about either the justices' baseline use of social science authorities, or many other aspects of their uses of social science information. The focus here is on the citation of social science research evidence in a sample of 240 criminal cases decided during the 30 years between the Supreme Court's 1958 and 1987 Terms. The resulting portrait contributes to a fuller understanding of the justices' use of social science materials, and may ultimately help promote more effective utilization of social science research evidence in Supreme Court deci
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