Judicial capacity is assessed by whether court-ordered policies actually achieve their goals.

Evidence

To assess judicial policymaking in terms of judicial capacity or policy effectiveness, we ask a different question: Has the policy announced by the court succeeded in achieving its goals? Applying this criterion, we evaluate court-ordered busing by examining whether it, in fact, promoted racial integration in schools (see Chapter 10). Or we evaluate the exclusionary rule by analyzing whether it, in fact, deters police misconduct (see Chapter 6). — G. Alan Tarr, Judicial Process and Judicial…, 2847

Categorization

• DEFINE: Defines ‘judicial capacity’ as policy effectiveness, explicitly operationalized via busing and the exclusionary rule.