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Association: Name: Southern Political Science Association URL: http://www.spsa.net
Citation: URL: http://www.allacademic.com/meta/p143367_index.html Direct Link: HTML Code:

Braman, Eileen. "Exploring the Boundaries of Discretion in Legal Decision Making: An Experimental Approach Examining Rules vs. Standards" Paper presented at the annual meeting of the Southern Political Science Association, <Not Available>. 2009-05-24 <http://www.allacademic.com/meta/p143367_index.html>

Braman, E. "Exploring the Boundaries of Discretion in Legal Decision Making: An Experimental Approach Examining Rules vs. Standards" Paper presented at the annual meeting of the Southern Political Science Association <Not Available>. 2009-05-24 from http://www.allacademic.com/meta/p143367_index.html

Publication Type: Conference Paper/Unpublished Manuscript Abstract: This paper involves an experimental investigation of the extent to which different decision rules constrain legal decision-makers. Legal academics draw a distinction between decision rules involving clear “black letter rules” and less well defined “legal standards.” Conventional wisdom suggests that where ill defined standards apply decision makers may have more latitude to make decisions consistent with their preferences than when they are constrained by clear legal rules. This is the sort of common wisdom that invites systematic empirical investigation. For instance, one should be able to set up an experiment comparing the (1) variance across similar decisions made under the different types of regimes and (2) the degree of ideological constraint under different conditions to test this proposition. This study involves a 2x2 experimental design in which legally trained decision makers are given identical facts and asked to make a decision under a legal “rule” or “standard.” The other manipulated variable involves the ideological “meaning” of a finding in a particular direction. Specifically, participants will be asked to determine whether a teen should be treated as a minor or an adult in two distinct circumstances one involving whether or not teen should be subject to adult sentencing in a capital murder case; the other involving whether or not that same teen should be allowed to have a judicial bypass of an abortion procedure. This second manipulation is meant to create tension where liberals will be prone to hold one way in the first scenario (defendant as minor) and in the opposite direction in the second (petitioner as sufficiently mature to have bypass). The same tension should be present for conservative participants whose preferences, on average, should incline them to the opposite finding in each scenario. By looking at different decision rules act to constrain (or not constrain) these hypothesized tendencies we should have a compelling test of conventional wisdom.

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