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Organizations, Decisions, and Courts

Published online by Cambridge University Press:  05 August 2024

Lawrence B. Mohr
Lawrence B. Mohr*
Affiliation:
The University of Michigan
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Courts are supposed in common law countries to operate by adversary adjudication. Until a few years ago I, for one, thought that they did. Apart from radio, TV, and the movies, which reinforce this symbol with all their might, my only exposure to courts was as a juror in a case of the alleged theft of one used automobile battery. We deliberated long and found the defendant (who was surely guilty of something!) to be not guilty. I took for granted that my experience was an example of typical practice. It never occurred to me to reflect upon the size of the taxpayers' bill if there were to be a trial of this sort for every crime of this magnitude. Nor did I suspect that I could be witnessing an exception rather than the rule, the exception being a jury trial, since my only contact with a court was in the capacity of juror.

Type
Research Article
Information
Law & Society Review , Volume 10 , Issue 4 , Summer 1976 , pp. 621 - 642
Copyright
Copyright © 1976 The Law and Society Association.

Footnotes

*

I am most grateful for comments and criticisms by J. Eisenstein, M. Heumann, H. Jacob, and, particularly, M. Galanter.

References

ABEL, Richard L. (1973) “A Comparative Theory of Dispute Institutions in Society,” 8 Law & Society Review 217.Google Scholar
ALLISON, Graham T. (1971) Essence of Decision. Boston: Little, Brown.Google Scholar
ALSCHULER, Albert W. (1968) “The Prosecutor's Role in Plea Bargaining,” 36 University of Chicago Law Review 50.Google Scholar
ALSCHULER, Albert W. (1975) “The Defense Attorney's Role in Plea Bargaining,” 84 Yale Law Journal 1179.Google Scholar
AUBERT, Vilhelm (1963) “Competition and Dissensus: Two Types of Conflict and of Conflict Resolution,” 7 Journal of Conflict Resolution 26.Google Scholar
BAAR, CARL (1973) “Will Urban Trial Courts Survive the War on Crime?” Unpublished paper presented at the annual meeting of the American Political Science Association, New Orleans (September 4-8).Google Scholar
BLUMBERG, Abraham S. (1967) Criminal Justice. Chicago: Quadrangle Books.Google Scholar
BURNS, Tom and G.M., STALKER (1961) The Management of Innovation. London: Tavistock.Google Scholar
CHILD, John (1972a) “Organizational Structure and Strategies of Control: A Replication of the Aston Study,” 17 Administrative Science Quarterly 163.Google Scholar
CHILD, John (1972b) “Organizational Structure, Environment, and Performance: The Role of Strategic Choice,” 6 Sociology 1.Google Scholar
COHEN, Michael D., James G., MARCH, and Johan P., OLSEN (1972) “A Garbage Can Model of Organizational Choice,” 17 Administrative Science Quarterly 1.Google Scholar
COLE, George F. (1973) Politics and the Administration of Justice. Beverly Hills: Sage Publications.Google Scholar
COONS, John E. (1964) “Approaches to Court-Imposed Compromise—The Uses of Doubt and Reason,” 58 Northwestern University Law Review 750.Google Scholar
CRECINE, John P. (1969) Governmental Problem-Solving: A Computer Simulation of Municipal Budgeting. Chicago: Rand-McNally.Google Scholar
CYERT, Richard M. and James G., MARCH (1963) A Behavioral Theory of the Firm. Englewood Cliffs: Prentice-Hall.Google Scholar
DALTON, Melville (1959) Men Who Manage. New York: John Wiley.Google Scholar
DUNCAN, Robert B. (1972) “Characteristics of Organizational Environments and Perceived Environmental Uncertainty,” 17 Administrative Science Quarterly 313.Google Scholar
EISENSTEIN, James and Herbert, JACOB (1977, in press) Felony Justice: An Organizational Analysis of Criminal Courts. Boston: Little, Brown.Google Scholar
ETZIONI, Amitai (1961) A Comparative Analysis of Complex Organizations. New York: The Free Press of Glencoe.Google Scholar
FAYOL, Henri (1949) General and Industrial Management. London: Sir Isaac Pitman and Sons.Google Scholar
FEELEY, Malcolm M. (1973) “Two Models of the Criminal Justice System: An Organizational Perspective,” 7 Law & Society Review 408.Google Scholar
GALANTER, Marc (1974) “Why the ”Haves“ Come Out Ahead: Speculations on the Limits of Legal Change,” 9 Law & Society Review 95.Google Scholar
GULICK, Luther and Lyndall, URWICK, eds. (1937) Papers on the Science of Administration. New York: Institute of Public Administration, Columbia University.Google Scholar
HAGAN, John (1974) “Extra-Legal Attributes and Criminal Sentencing: An Assessment of a Sociological Viewpoint,” 8 Law & Society Review 357.Google Scholar
HEUMANN, Milton (1976) Adapting to Plea Bargaining: The Experiences of Prosecutors, Judges, and Defense Attorneys. Unpublished Ph.D. Dissertation, Department of Political Science, Yale University.Google Scholar
KIDDER, Robert L. (1974) “Formal Litigation and Professional Insecurity: Legal Entrepreneurship in South India,” 9 Law & Society Review 11.Google Scholar
MARCH, James G. and Herbert A., SIMON (1958) Organizations. New York: John Wiley.Google Scholar
MATHER, Lynn M. (1974) “Some Determinants of the Method of Case Disposition: Decision-Making by Public Defenders in Los Angeles,” 8 Law & Society Review 187.Google Scholar
MOHR, Lawrence B. (1971) “Organizational Technology and Organizational Structure,” 16 Administrative Science Quarterly 444.Google Scholar
MOHR, Lawrence B._ (1973) “The Concept of Organizational Goal,” 67 American Political Science Review 470.Google Scholar
MOHR, Lawrence B. (1975) Administrative Structure, Effectiveness, and Efficiency: A Prospectus for Research in Organizational Aspects of Education. Washington: National Institute of Education.Google Scholar
NADER, Laura (1965) “Styles of Court Procedure: To Make the Balance,” in L., NADER (ed.) Law and Culture in Society. Chicago: Aldine.Google Scholar
PACKER, Herbert L. (1968) The Limits of the Criminal Sanction. Stanford: Stanford University Press.CrossRefGoogle Scholar
PERROW, Charles (1967) “A Framework for the Comparative Analysis of Organizations,” 32 American Sociological Review 194.Google Scholar
RAO, C. R. (1965) Linear Statistical Inference and Its Applications. New York: John Wiley.Google Scholar
ROSS, H. Laurence (1970) Settled Out of Court: The Social Process of Insurance Claims Adjustment. Chicago: Aldine.Google Scholar
SIMON, Herbert A. (1948) Administrative Behavior. New York: Macmillan.Google Scholar
SKOLNICK, Jerome (1966) Justice without Trial. New York: John Wiley.Google Scholar
SKOLNICK, Jerome (1967) “Social Control in the Adversary System,” 11 Journal of Conflict Resolution 52.Google Scholar
WEBER, Max (1947) The Theory of Social and Economic Organization. New York: The Free Press of Glencoe.Google Scholar
WILDAVSKY, Aaron (1964) The Politics of the Budgetary Process. Boston: Little, Brown.Google Scholar
WOODWARD, Joan (1965) Industrial Organization: Theory and Practice. London: Oxford University Press.Google Scholar