NCJ Number
58828
Journal
International Journal of the Sociology of Law Volume: 7 Issue: 2 Dated: (MAY 1979) Pages: 197-209
Date Published
1979
Length
13 pages
Annotation
APPEARANCE AND DEMEANOR AND THEIR RELATIONSHIP TO COURT DECISIONS INVOLVING DISCRETION ARE EXAMINED, WITH DEMEANOR SEEN AS THE MOST DECISIVE INFLUENCE.
Abstract
AGE, MARITAL STATUS, SEX, AND EDUCATIONAL LEVEL ARE ALL VARIABLES WHEN THE CRIMINAL JUSTICE SYSTEM IS CONSIDERING AN OFFENDER IN CUSTODY. APPEARANCE AND DEMEANOR ALSO MAY BE DECISIVE FACTORS. IN ROUTINE POLICE ENCOUNTERS WITH JUVENILES, DEMEANOR (EITHER ANTAGONISTIC OR EXCESSIVELY DEFERENTIAL) IS THE SINGLE MOST IMPORTANT FACTOR IN DETERMINING WHETHER AN ARREST WILL BE MADE. DATA WERE GATHERED OVER 12 YEARS BY DIRECT OBSERVATION AND FROM OFFICIAL DOCUMENTS OF A FIRST APPEARANCE COURT IN A 6-COUNTY JUDICIAL DISTRICT. THE COURT'S USUAL PROCEDURES AND AREA OF RESPONSIBILITY ARE EXPLAINED. AN APPROPRIATE BOND DECISION WAS THE ORGANIZATIONAL GOAL OF THE COURT UNDER STUDY. THE ANALYSES IN THE STUDY SHOW (1) THE RELATIONSHIP BETWEEN APPEARANCE AND DEMEANOR AND FINAL BOND DISPOSITION AND (2) THE EFFECT OF APPEARANCE AND DEMEANOR OF CLIENTS IN CAUSING JUDGES TO CHANGE THEIR MINDS FROM TENTATIVE BOND DECISIONS MADE PRIOR TO APPEARANCE OF THE DEFENDANTS. IT WAS FOUND THAT THOSE CLIENTS OR DEFENDANTS WHO ARE BOTH ACTIVELY AND PASSIVELY RESPECTFUL AND WHO DO NOT TAKE UP ADDITIONAL TIME WITH QUESTIONS ARE MOST LIKELY TO BE RELEASED ON THEIR OWN RECOGNIZANCE. IN THE CASES IN WHICH THE ORIGINAL PRECOURTROOM DECISION CHANGED, APPEARANCE AND DEMEANOR GENERALLY APPEARED TO BE THE ONLY PERTINENT, DECISIVE ITEMS. FINDINGS SUGGEST THE NEED TO EXPAND THE LIST OF VARIABLES CONSIDERED IN RESEARCH OF THE CRIMINAL JUSTICE SYSTEM. A SHORT BIBLIOGRAPHY AND REFERENCE NOTES ARE INCLUDED. (RFC)