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Methodological Issues in Court Research

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  • ROBIN STRYKER

    (University of Wisconsin)

  • ILENE H. NAGEL

    (Indiana University School of Law)

  • JOHN HAGAN

    (University of Toronto School of Law)

Abstract

Combining elements of “response as outcome†studies and “response as process†studies overcomes deficiencies resulting from methodological bifurcation, improves our understanding of court outcomes, and leads to theoretical transformation. Using observational and in-depth interview data to inform hypotheses and to create contextual variables, we develop and test models of the pretrial release decision for federal defendants. These models suggest that the emphasis in outcome research on defendants' ascribed status characteristics has been exaggerated. It is asserted that too little attention has been devoted to processual factors, including labeling, and to jurisdictional and organizational factors determining court outcomes.

Suggested Citation

  • Robin Stryker & Ilene H. Nagel & John Hagan, 1983. "Methodological Issues in Court Research," Sociological Methods & Research, , vol. 11(4), pages 469-500, May.
    • Handle: RePEc:sae:somere:v:11:y:1983:i:4:p:469-500
    DOI: 10.1177/0049124183011004005
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    References listed on IDEAS

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    1. William M. Landes, 1974. "Legality and Reality: Some Evidence on Criminal Procedure," NBER Working Papers 0040, National Bureau of Economic Research, Inc.
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