THE FORMS OF JUDICIAL POLICY-MAKING - CIVIL LIABILITY AND CRIMINAL-JUSTICE POLICY

Studies of judicial policymaking traditionally focus on appellate cour t decisions but neglect the importance of civil liability verdicts and settlements as policy-shaping outcomes produced by the judicial branc h. This study sought to compare the influence of constitutional appell ate decisions and trial court outcomes in shaping criminal justice pol icies. A national survey of police executives revealed that civil liab ility lawsuits led to law enforcement policy changes more frequently t han constitutional decisions by the Supreme Court in recent years. In addition, more than three-quarters of respondents declared that civil liability cases are making their jobs more difficult, while nearly two -thirds believed that U.S. Supreme Court decisions had little impact o r made their jobs easier.