Social science in Supreme Court criminal cases and briefs

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.     

Objectivity and truth: Problems in doing feminist research

This paper examines principles of feminist research and discusses the authors' attempts to use these principles in a systematic way in their own research. Three principles of feminist research are identified: research should contribute to women's liberation through producing knowledge that can be used by women themselves; should use methods of gaining knowledge that are not oppressive; should continually develop a feminist critical perspective that questions dominant intellectual traditions and can reflect on its own development.Consciously applying these principles in a research study of the relation between changes in consciousness and the changes in the structural situation of individuals raised several methodological issues and dilemmas. These include the impossibility of creating a research process that completely erases the contradictions in the relationship between the researcher and the researched; the difficulties in analysing change as a process; the tension between the necessity of organizing the data and producing an analysis which reveals the totality of women's lives; and problems of validity, particularly those raised when the research process becomes part of the process of change.