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Environmental Constraints on the Behavior of Judges: A Representational Model of Judicial Decision Making

Published online by Cambridge University Press:  01 January 1980

James L. Gibson
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Abstract

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In recent years there has been substantial concern over the issue of whether the judiciary is a representative institution. Most research on the matter suggests that judges are to some degree sensitive to public opinion, but confusion exists over the process through which the public affects the courts. This research is designed to reduce the level of confusion.

Taking advantage of the quasi-experimental research design afforded by the “circuit” system of court organization used by the Iowa trial courts, this research investigates the “sharing” model of representation. In order to insure against spurious results, controls are introduced for three types of influences on sentencing decisions: defendant and case attributes, judge attributes and role orientations, and local system practices. Analysis of a path model consisting of measures of sentencing behavior, seriousness of crime in the local jurisdiction, and perceptions of crime seriousness reveals that one-sixth of the variance in sentences can be explained. However, substantial variation across judges in responsiveness to local norms is also discovered.

Further investigation of these data was undertaken to determine the factors that account for variation in the strength of environmental linkages. The analysis suggests that judges with greater contact with their constituencies, who have experienced electoral defeat, and who assume a “delegate” role orientation, are far more influenced by environmental factors.

The article concludes with some observations on how the process of recruitment and early career patterns affect representation.

Type
Research Article
Information
Law & Society Review , Volume 14 , Issue 2 , Winter 1980 , pp. 343 - 370
Copyright
Copyright © 1980 The Law and Society Association.

Footnotes

*

I would like to acknowledge with gratitude the assistance of Beverly B. Cook and Ronald D. Hedlund in this research. David Gow and Marjorie Mowlam also provided useful comments. Finally, the Review's editor and referees offered many useful suggestions.

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