Evidence-based opinions? How the top jurists in the United States differ in their use of social science in criminal procedure decisions

Abstract

ABSTRACT The use of social science research in reaching a judicial decision with broad societal implications dovetails with the emerging push for evidence-based policies regarding criminal procedure issues. This article examines the use of social science research by individual U.S. Supreme Court Justices and the type of publication from which they cite over a fifteen-term period. Results indicate that peer-reviewed articles are a prevalent type of social science research relied upon by Supreme Court Justices and that the use of social science varies widely among members of the Court. Policy implications and future research avenues are discussed.