Hostname: page-component-78c5997874-ndw9j Total loading time: 0 Render date: 2024-11-02T22:50:48.971Z Has data issue: false hasContentIssue false

Political Participation and Government Responsiveness: The Behavior of California Superior Courts

Published online by Cambridge University Press:  01 August 2014

James H. Kuklinski
Affiliation:
Indiana University
John E. Stanga
Affiliation:
Wichita State University

Abstract

Students of democratic politics have long been concerned with the role of political participation in linking government and the people it serves. Whereas participation is generally defined in terms of voting, this article defines participation as the communication of citizen preferences to public officeholders. We show that aggregate sentencing decisions of California superior courts changed to reflect more closely prevailing public opinion after a large percentage of the populace expressed their preferences on a marijuana issue. The fact that members of California superior courts are seemingly immune from any effective electoral sanction serves both to underline the importance of this form of participation to a responsive system of government and to caution against conceiving of the participation-responsiveness relationship only in terms of punitive electoral devices.

Type
Articles
Copyright
Copyright © American Political Science Association 1979

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

California, State of (1972). Statement of the Vote. Sacramento: Secretary of the State.Google Scholar
Cook, Beverly B. (1967). The Judicial Process in California. Belmont, Calif.: Dickenson.Google Scholar
Cook, Beverly B. (1973). “Sentencing Behavior of Federal Judges: Draft Cases–1972.” University of Cincinnati Law Review 42: 597633.Google Scholar
Cook, Beverly B. (1977). “Public Opinion and Federal Judicial Policy.” American Journal of Political Science 21: 567600.CrossRefGoogle Scholar
Cook, Beverly B. (1979). “Judicial Policy: Change Over Time.” American Journal of Political Science 23: 208–14.CrossRefGoogle Scholar
Eisenstein, James, and Jacob, Herbert (1977). Felony Justice: An Organizational Analysis of Criminal Courts. Boston: Little, Brown.Google Scholar
Feeley, Malcolm M. (1975). “The Effects of Heavy Caseloads.” Presented at the annual meeting of the American Political Science Association, San Francisco.Google Scholar
Gibson, James L. (1976). “Judges as Representatives: Constituency Influence on Trial Courts.” Presented at the annual meeting of the American Political Science Association, Chicago.Google Scholar
Greenwood, Peter, Wildhorn, Sorrel, Poggio, Eugene C., Strumwasser, Michael J., and De Leon, Peter (1973). Prosecution of Adult Felony Defendants in Los Angeles County: A Policy Perspective. Santa Monica, Calif.: Rand Corporation.Google Scholar
Hagan, John (1974). “Extra-Legal Attributes and Criminal Sentencing: An Assessment of a Sociological Viewpoint.” Law and Society Review 8: 357–84.CrossRefGoogle Scholar
Hansen, Susan Blackall (1975). “Participation, Political Structure, and Concurrence.” American Political Science Review 69: 1181–99.Google Scholar
Hansen, Susan Blackall (1978). “Linkage Models, Issues, and Community Politics.” American Politics Quarterly 6: 328.Google Scholar
Janda, Kenneth (1961). “Democratic Theory and Legislative Behavior: A Study of Legislator-Constituency Relationships.” Ph.D. thesis, Indiana University, Bloomington.Google Scholar
Judicial Council of California (1975). Annual Report of the Administrative Office of the California Courts. San Francisco: Judicial Council of California.Google Scholar
Karps, Paul D. (1978). “Representation and Political Participation: What Nexus?” Presented at the annual meeting of the American Political Science Association, New York.Google Scholar
Key, V. O. (1961). Public Opinion and American Democracy. New York: Knopf.Google Scholar
Kmenta, Jan (1971). Elements of Econometrics. New York: Macmillan.Google Scholar
Kritzer, Herbert M. (1978). “Political Correlates of the Behavior of Federal District Judges: A ‘Best Case’ Analysis.” Journal of Politics 40: 2558.Google Scholar
Kritzer, Herbert M. (1979). “Federal Judges and Their Political Environments: The Influence of Public Opinion.” American Journal of Political Science 23: 194207.Google Scholar
Luttbeg, Norman R. (1974). Public Opinion and Public Policy, rev. ed. Homewood, Ill.: Dorsey.Google Scholar
Pitkin, Hanna (1967). The Concept of Representation. Berkeley: University of California Press.Google Scholar
Prewitt, Kenneth (1970). “Political Ambitions, Volunteerism, and Electoral Accountability.” American Political Science Review 64: 517.Google Scholar
Prewitt, Kenneth, and Eulau, Heinz (1969). “Political Matrix and Political Representation: Prolegomenon to a New Departure from an Old Problem.” American Political Science Review 63: 427–41.Google Scholar
Schumpeter, Joseph A. (1942). Capitalism, Socialism and Democracy. New York: Harper and Row.Google Scholar
Stone, Walter J. (1976). “Representation in the United States House of Representatives.” Ph.D. dissertation, University of Michigan.Google Scholar
Tiffany, Lawrence P., Avichai, Yakov, and Peters, Geoffrey W. (1975). “A Statistical Analysis of Sentencing in Federal Courts: Defendants Convicted After Trial, 1967–1968.” The Journal of Legal Studies 4: 369–90.CrossRefGoogle Scholar
Verba, Sydney, and Brody, Richard A. (1970). “Participation, Policy Preferences, and the War in Vietnam.” Public Opinion Quarterly 34: 325–32.CrossRefGoogle Scholar
Verba, Sydney, and Nie, Norman H. (1972). Participation in America. New York: Harper and Row.Google Scholar
Submit a response

Comments

No Comments have been published for this article.