Judicial Decision Making PSCI 2481. Determinants of Judicial Decision Making I I.Law (Substantive) II.Law (Procedural) III.Facts IV.Personality V.Attitudes

Judicial Decision Making

PSCI 2481

Determinants of Judicial Decision Making I

I. Law (Substantive)

II. Law (Procedural)

III. Facts

IV. Personality

V. Attitudes

VI. Policy Goals

A Forgery Case:What Punishment Should Be Assigned?

• The Convicted Defendant:

• 28 Year old Mexican American• $145 bad check• Working class Family• Father died at age 6• Prior record (Auto theft as

juvenile, DWI, Burglary)• 9th Grade Education• Spotty work record• Married with baby, drinking

problem, large bills

The Judges Respond

Time served plus probation 3%

Jail with no Probation 7%

Jail and Probation 65%

Prison 25%

Determinants of Judicial Decision Making II

VII. Social Background– Family– Education– Experience– Religion– Age– Gender– Race– Income

Walker v. BirminghamThe Setting:

1963 Birmingham, AlabamaStill a segregated community (Schools/Motels/Restaurants, etc.)

The Key Players:

Southern Christian Leadership ConferenceRev. Martin Luther King Rev. Wyatt Walker, Rev. Ralph Abernathy

Alabama Christian Movement for Human RightsRev. Fred Shuttlesworth

Birmingham CityPublic Safety Commissioner “Bull” Conner

Walker v. Birmingham

• April 3rd - Lola Hendricks & Ambrose Hill apply for a parade permit.

• April 5th - Rev. Shuttlesworth requests a permit on behalf of the ACMHR

• The parade requests are denied.

• April 7th - Palm Sunday demonstrations occur. (as do others throughout the week – as the photos show).


• April 10, 1963 – Injunction Hearing (Judge William Jenkins) – TRO is issued ex parte at the request of the city of

Birmingham ordering that parades may not be held on Good Friday (4/12) and Easter Sunday (4/14).

• Parades/Marches happen:– Good Friday – led by Rev. Martin Luther King and

Rev. Ralph Abernathy– Easter Sunday – led by Rev. Wyatt Walker and Rev.

Daniel King

• Arrests all around!

(Why is this an important incident?)

• Martin Luther King pens his famous “Letter from the Birmingham Jail” during the following week. He is responding to his critics who wonder if he, the SCLC and the ACMHR have adopted the right strategy for winning civil rights for blacks in the South. (If you’ve never read this letter, you should do so.)

Walker v. BirminghamThe Trial - April 22, 1963(Judge William Jenkins!!!)

Legal Issues Raised by Defendants:1. Injunction (issued ex parte) was invalid.2. Case should be in Federal Court on 1st

Amendment grounds.3. Demonstrations were “walks’ not “parades”.4. Conduct was protected by 1st & 14th

Amendments.5. City parade ordinance was administered in an

arbitrary and capacious manner.


The Trial Court Decision(Announced April 26, 1963)

• The demonstrators lost. Ordinance was not “invalid on its face”, was not administered “a&c”, and the temporary injunction was a valid exercise of the court’s authority.

• Penalty: $50 & 5 days in jail


State Supreme Court

• Cert granted May 15, 1963• Appeal filed August 22, 1963• Decision announced December 9, 1965

(279 Ala. 53; 181 So. 2d 493)(Justice Coleman was known to have “pen paralysis” aka “writer’s block”, esp. when it came to civil rights issues.)

• The conviction of the civil rights demonstrators was affirmed.


US Supreme Court

• Cert granted, October 10, 1966• Oral Arguments, March 13, 1967• Decision Announced, June 12, 1967

388 US 307 (1967)


The civil rights demonstrators lost again!

(5-4)Majority Minority

Black Warren

Stewart Douglas

Clark Brennan

Harlan Fortas

White

Why?

(There is a point to this story)

Judicial BackgroundsChief Justice Earl Warren (Appointed 1953/DDE)• University of California, Berkeley

(Boalt Hall) • Republican (w/ a Democratic

ideology?)• California Attorney General (1938-

1942)– Freed father’s murderer

• California Governor (1942-1953), VP Nominee (1948)– Supported internment of Japanese during

WWII• IN THE MINORITY in Walker v.

Birmingham

Judicial Backgrounds

Justice Hugo L. Black

(Appointed 1937/FDR) • Democrat/Southerner (Alabama)• University of Alabama Law School• Judge of the Birmingham Police Court• Senator from Alabama• KKK Member/American Legion• Opposed federal anti-lynching laws• IN THE MAJORITY in Walker v.

Birmingham


Justice William O. Douglas

(Appointed 1939/FDR)

• Wall Street Lawyer• Columbia Law School• Yale Professor• New Deal Supporter (SEC)• “Law should be an instrument of

social change” (a liberal)• IN THE MINORITY in Walker v.

Birmingham

Congratulations!!!

CU Women’s Soccer gains berth in Big 12 tournament with 1-0 win

over Okie State

Judicial BackgroundsJustice Tom C. Clark (Appointed 1949/HHT)

• Democrat/WASP• University of Texas Law School• US Attorney General• Enlarged Civil Rights Division but

supported Japanese-American relocation during WWII. Criticized by NAACP.

• (Anyone remember what Truman said about him?)

• IN THE MAJORITY in Walker v. Birmingham


Justice John M. Harlan II

(appointed 1952)

• Republican/WASP• Economic Conservative• New York University• Midwesterner• Grandson of Justice John Harlan• IN THE MAJORITY in Walker v.

Birmingham


Justice William J. Brennan, jr. (appointed 1956/DDE)

• Democrat/Catholic• Harvard Law School• Labor Law expert (on

management side!)• NJ Supreme Court (appted by

Republican Governor) • One of Eisenhower’s 2

“mistakes”• IN THE MINORITY in Walker

v. Birmingham


Justice Potter Stewart

(appointed 1959/DDE)

• Midwesterner• Yale Law School• Neither liberal nor conservative• Satisfactory to Democrats in

Eisenhower “lame duck” period• Belief in “narrow” opinions• IN THE MAJORITY in Walker v.

Birmingham


Justice Byron “Whizzer” White

(appointed 1962/JFK)• Former CU and professional

football player• Yale Law School• Deputy US Attorney General• Prosecuted “Freedom Rider” case

in Alabama (to protect civil rights demonstrators he used ex parte injunctions to stop state actions).

• IN THE MAJORITY in Walker v. Birmingham


Justice Abe Fortas

(appointed 1964/LBJ)

• Democrat/Jewish• Yale Law School• Former student of

William O. Douglas• Wall St. Attorney• Close advisor to LBJ • IN THE MINORITY in



To Repeat:

Majority Minority

Black Warren (D)

Stewart (CO) Douglas (D)

Clark Brennan (D)

Harlan Fortas

White

Social Backgrounds affect other areas of law.

Determinants of Judicial Decision Making III

VIII. Interpersonal Factors

a. Persuasion

b. Friendship

c. Leadership

Warren Burger & Harry Blackmun

Determinants of Judicial Decision Making IV

IX. Institutional Defense

e.g., The Watergate Tapes Case

X. Pressure from Other Actors

e.g., President & Congress

Determinants of Judicial Decision Making V

XI. Public Opinioni. Reactions to Public Preferences

ii. Public Preferences influence the Checks & Balances among the 3 branches of government:

“A Stitch in Time that Saved Nine”

FDR & his 1937 attempt to “pack” the Court

Documents

Judicial Decision Making PSCI 2481. Determinants of Judicial Decision Making I I.Law (Substantive) II.Law (Procedural) III.Facts IV.Personality V.Attitudes