Social science in Supreme Court criminal cases and briefs: The actual and potential contribution of social scientists as amici curiae.

Abstract

This article describes citations of social science research evidence in 200 criminal cases decided by the Supreme Court and in the briefs filed by the parties and amici curiae in these cases. It also examines the uses of social science authorities in samples of Supreme Court exclusionary rule and jury decisionmaking cases, and accompanying briefs. The correspondence between the social science references cited in the decisions and the briefs is used as one measure of the brief-writers' contributions to the Court's use of social science materials, and related contributions of the brief-writers are explored, as well. The justices appeared to locate the majority of social science references cited in their opinions without assistance from the briefs, and thus also presumably attempted to evaluate the research evidence on their own. Individuals and organizations with scientific expertise rarely filed amicus briefs in these cases, which may help explain why the Court so frequently was without assistance in locating or examining research evidence. It is suggested that the appellate judiciary's informed use of social science materials would be promoted if more social scientists, and their professional organizations, participated as amici curiae in cases presenting social fact issues within their competence.