The Crime Conundrum: Essays on Criminal Justice

By Lawrence M. Friedman; George Fisher | Go to book overview

the effectiveness of the trial as a symbol of societal fairness is influenced most by high-visibility trials. The links among such trials, the broad legitimacy of the courts, and crime control deserve further investigation.


Notes
1.
Herbert Packer, The Limits of the Criminal Sanction (Palo Alto: Stanford University Press, 1968).
2.
Thurman W. Arnold, The Symbols of Government (New Haven: Yale University Press, 1935), pp. 145-47. See also Jerome Frank, Courts on Trial ( Princeton: Princeton University Press, 1949).
3.
Lawrence M. Friedman, Crime and Punishment in American History ( New York: Basic Books, 1993), pp. 388-90.
4.
Kathleen Maguire and Ann L. Patore, eds., Sourcebook of Criminal Justice Statistics -- 1994, U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics ( Washington, D.C., 1995). For example, Table 5.49 shows the method of disposition for felony convictions in state courts across the U.S. in 1992. Fully 92 percent of the convictions were obtained by a guilty plea, four percent by a jury trial, and the remaining four percent by a bench trial. Interestingly, murder cases had a higher percentage of convictions obtained through trial: 33 percent by a jury trial and eight percent by a bench trial, with the remaining 59 percent by a guilty plea.
5.
For a discussion of the influence of trial outcomes on settlement negotiations, see the classic article by Robert Mnookin and Lewis Kornhauser, "Bargaining in the Shadow of the Law: The Case of Divorce," in Yale Law Journal, Vol. 88, 1979, pp. 950- 97. Their argument applies as well to plea bargaining as to civil case settlements.
6.
Arnold, Symbols of Government, p. 129.
7.
See, for example, Jonathan D. Casper, "Having Their Day in Court: Defendant Evaluations of the Fairness of Their Treatment," in Law ∧ Society Review, Vol. 12, No. 2, Winter 1978, pp. 237-51; Jonathan D. Casper, Tom R. Tyler, and Bonnie Fisher , "Procedural Justice in Felony Cases," in Law & Society Review, Vol. 22, No. 3, 1988, pp. 483-507.
8.
Tom R. Tyler, Jonathan D. Casper, and Bonnie Fisher, "Maintaining Allegiance Toward Political Authorities: The Role of Prior Attitudes and the Use of Fair Procedures," in American Journal of Political Science, Vol. 33, No. 3, August 1989, pp. 629-52.
9.
See, for example, Tom R. Tyler, "Why People Obey the Law" (New Haven: Yale University Press, 1990), pp. 170-78.
10.
Casper, "Having Their Day in Court," and Casper, et al., "Procedural Justice in Felony Cases," examine the relationship in the same data set, but with different methodological approaches. See also J. M. Landis and L. Goodstein, "'When Is Justice Fair? An Integrated Approach to the Outcome v. Procedure Debate," in American Bar Foundation Research Journal., No. 4, 1986, pp. 675-707. The reactions of criminal defendants differ from the reactions of tort litigants. In one large-scale study, tort litigants viewed trials and arbitration as fairer than settlements. E. et al. AllanLind

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