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Predicting the Behavior of Law: A Test of Two Models

Published online by Cambridge University Press:  02 July 2024

Martha A. Myers
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Abstract

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Since its introduction, Black's (1976) theory of law has generated controversy (e.g., Eder, 1977; Stinchcombe, 1977), but few empirical evaluations. The most recent test (Gottfredson and Hindelang, 1979a) identified a number of empirical inadequacies and posited an alternative model to correct them. This paper assesses both Black's and Gottfredson-Hindelang's models of law, choosing as the arena of evaluation criminal law and its behavior. Analysis of data from a sample of criminal defendants identifies empirical inadequacies in both theories and raises questions about their validity, predictive power, and generality. The paper concludes with a discussion of the implications of these findings for the substance and underlying assumptions of both theories of law.

Type
Research Article
Information
Law & Society Review , Volume 14 , Issue 4 , Summer 1980 , pp. 835 - 857
Copyright
Copyright © 1981 The Law and Society Association

Footnotes

*

This paper benefitted from discussions with E.M. Beck, Herbert M. Kritzer, Barry Schwartz, and Susette Talarico. I am grateful to Marion County law enforcement and court personnel for their permission and assistance in collecting these data.

References

BERNSTEIN, Ilene N., KELLY, William R., and Patricia A., DOYLE (1977a) “Societal Reaction to Deviants: The Case of Criminal Defendants,” 42 American Sociological Review 743.Google Scholar
BERNSTEIN, Ilene N., KICK, Edward, LEUNG, Jan T., and Barbara, SCHULZ (1977b) “Charge Reduction: An Intermediary Stage in the Process of Labelling Criminal Defendants,” 56 Social Forces 362.Google Scholar
BLACK, Donald (1976) The Behavior of Law. New York: Academic Press.Google Scholar
BLACK, Donald (1979) “Common Sense in the Sociology of Law,” 44 American Sociological Review 18.Google Scholar
BLALOCK, Hubert M. (1966) “The Identification Problem and Theory Building: The Case of Status Inconsistency,” 31 American Sociological Review 52.Google Scholar
BLUMER, Herbert (1954) “What is Wrong with Social Theory?” 19 American Sociological Review 3.Google Scholar
BRAITHWAITE, John and David, BILES (1980) “Empirical Verification and Black's The Behavior of Law,” 45 American Sociological Review 334.Google Scholar
BURKE, Peter J. and Austin T., TURK (1975) “Factors Affecting Postarrest Dispositions: A Model for Analysis,” 22 Social Problems 313.Google Scholar
COHEN, Lawrence E. and James R., KLUEGEL (1978) “Determinants of Juvenile Court Dispositions: Ascriptive and Achieved Factors in Two Metropolitan Courts,” 43 American Sociological Review 162.Google Scholar
COX, David R. (1970) Analysis of Binary Data. London: Methuen and Co.Google Scholar
EDER, Klaus (1977) “Rationalist and Normative Approaches to the Sociological Study of Law,” 12 Law and Society Review 133.Google Scholar
FARRELL, Ronald A. and Victoria Lynn, SWIGERT (1978) “Prior Offense as a Self-fulfilling Prophecy,” 12 Law and Society Review 437.Google Scholar
GOTTFREDSON, Michael R. and Michael J., HINDELANG (1979a) “A Study of The Behavior of Law,'” 44 American Sociological Review 3.Google Scholar
Michael J., HINDELANG (1979b) “Theory and Research in the Sociology of Law,” 44 American Sociological Review 27.Google Scholar
Michael J., HINDELANG (1980) “Trite but True,” 45 American Sociological Review 338.Google Scholar
HAGAN, John (1974) “Extralegal Attributes and Criminal Sentencing: An Assessment of a Sociological Viewpoint,” 8 Law and Society Review 357.Google Scholar
HAGAN, John (1975) “The Social and Legal Construction of Criminal Justice: A Study of the Pre-sentencing Process,” 22 Social Problems 620.Google Scholar
HAGAN, John, HEWITT, John D. and Duane F., ALWIN (1979) “Ceremonial Justice: Crime and Punishment in a Loosely Coupled System,” 58 Social Forces 506.Google Scholar
HANUSHEK, Eric A. and John E., JACKSON (1977) Statistical Methods for Social Scientists. New York: Academic Press.Google Scholar
HORAN, Patrick M., MYERS, Martha A., and Margaret, FARNWORTH (1979) “Prior Record and the Treatment of Criminal Defendants: An Alternative Approach.” Paper presented at the annual meetings of the American Sociological Association, Boston.Google Scholar
LIZOTTE, Alan J. (1978) “Extra-Legal Factors in Chicago's Criminal Courts: Testing the Conflict Model of Criminal Justice,” 25 Social Problems 564.Google Scholar
MYERS, Martha A. (1980) “Personal and Situational Contingencies in The Processing of Convicted Felons,” 50 Sociological Inquiry 65.Google Scholar
SELLIN, J. Thorsten and Marvin E., WOLFGANG (1964) The Measurement of Delinquency. New York: Wiley.Google Scholar
STINCHCOMBE, Arthur L. (1977) “Lawrence M. Friedman, The Legal System' and Donald Black, ‘The Behavior of Law,‘” 12 Law and Society Review 129.Google Scholar
SWIGERT, Victoria Lynn and Ronald A., FARRELL (1977) “Normal Homicides and the Law,” 42 American Sociological Review 16.Google Scholar
WILSON, Edward O. (1978) On Human Nature. Cambridge: Harvard University Press.Google ScholarPubMed