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July 6, 2006The Journal of Politics225 citations

Understanding Public Confidence in American Courts

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SBSara C. Benesh

Key Points

  • To analyze the factors that determine public confidence and institutional support for lower and state court systems in the United States.
  • Conducted a systematic public opinion analysis focusing on citizen attitudes toward American lower and state courts.
  • Assessed the explanatory power of prior court experiences, procedural fairness perceptions, and institutional design choices.
  • Perceptions of procedural fairness in court proceedings strongly account for public support of lower courts.
  • Direct personal experience with the judicial system and structural institutional design choices independently drive public confidence levels.

Abstract

While studies of public confidence in institutions have long been a part of the public opinion literature, systematic analysis of public confidence in America's lower courts has been missing. This is troubling, especially since support for the rule of law is integral to a democracy and support for courts essential to the operation of the rule of law. I offer an explanation of public support for lower courts, finding that experience with courts, perceptions regarding the fairness of court procedures, and choices made over institutional design all play a role in explaining the public's support for state courts.

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Cite This Study

Sara C. Benesh (2006) studied this question.

synapsesocial.com/papers/69d81a708c03fbaff8bedb53https://doi.org/10.1111/j.1468-2508.2006.00455.x
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