Dimensions of Attitudes Underlying Search and Seizure Decisions of the Supreme Court of Canada

Abstract

Abstract While prior studies have applied schema theory to belief systems in the mass public, it has yet to be used to assess attitudes held by elites in society. This article uses schema theory to suggest that justices of the Supreme Court of Canada employ an information processing model when deciding search and seizure cases. Specifically, it implies that the justices have a schema, or an organized set of attitudes, that are triggered by the factual and legal circumstances in particular search and seizure cases. The belief that justices would use such a heuristic device makes sense, given that they are expected to resolve disputes in a quick and efficient manner as well as maintain consistency in the law. The study uses factor analysis to provide evidence that there is an underlying structure to the attitudes that Canadian justices use in these cases (1984–1994). It adds to the prior research in this area, because it moves schema theory beyond the study of mass belief systems, and it represents a unique way of assessing the judicial decision-making process of Canadian justices since the adoption in 1982 of the Canadian Charter of Rights and Freedoms.

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