The facts of the case are set forth in Tennessee v. Garner, 471 U.S. 1
The basic framework of what is now the informal consensus among the
experts was first set forth in
Kenneth Culp Davis, Discretionary Justice: A
Preliminary Inquiry ( 1969; Urbana: University of Illinois Press, 1971).
Kenneth Culp Davis, Police Discretion ( St. Paul, Minn.: West, 1975),
McCleskey v. Kemp, 481 U.S. 279 (1987).
Herbert Packer, The Limits of the Criminal Sanction ( Stanford, Calif.: Stanford University Press, 1968), chap. 8.
Samuel Walker, Popular Justice: A History of American Criminal Justice
( New York: Oxford University Press, 1980), chap. 9.
A more complete history is found in Samuel Walker, "Origins of the
Contemporary Criminal Justice Paradigm: The American Bar Foundation Survey, 1953-1969," Justice Quarterly 9 ( March 1992): 201-230. An earlier
account, by a participant, is Donald J. Newman, "Sociologists and the Administration of Justice," in Sociologists at Work, ed.
Arthur B. Shostak (Homewood, Ill.: Dorsey, 1966), pp. 177-187.
Frank Remington, Memo to Field Staff, September 24, 1956, ABF
Papers. Unless otherwise noted, all survey documents cited here are located in
the ABF Survey Papers, Criminal Justice Library, University of Wisconsin Law
School, Madison, Wis.
Robert F. Jackson, "Criminal Justice: The Vital Problem of the Future," ABA Journal 39 ( August 1953): 743-746.
The American Bar Foundation (ABF) has been an important center for
empirical research on legal issues. ABF officials have long recognized that the
Criminal Justice Survey was its first major project and played a major role in