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Chapter Outline

Introduction

Interest Groups and Public Policy

Theories of Interest Group Behavior

Characteristics of Interest Groups

Role in Policy Process

• Problem Identification • Agenda Setting • Policy Formation • Program Evaluation • Other Roles

Examples of Federal Criminal Justice Interest Groups

State and Local Interest Groups

Conclusion

INTRODUCTION

An interest group, sometimes called a pressure group, special interest, organized interest, or faction, is a group of citizens who are organized and attempt to influence legislation so that it reflects their interests or policy goals. Simply put, interest groups are collections of individuals with similar goals who are dedicated to influencing public policy. They do this by putting pressure on government officials so that they adopt policies that favor their interests. They attempt to impact what laws or policies the government passes in order for the new law to “look like” what they want it to be.1

The term interest group encompasses all organizations whose activities revolve around influencing the creation or implementation of public policy. Interest groups attempt to give citizens an indirect role in the political process by acting as their representatives in the political process, voicing their opinions to elected officials.

The potential dangers of interest groups were recognized early on by the Founding Fathers. The ability of elite groups to become involved in the legislative process and succeed in dominating the laws that are enacted was a real fear of the Founding Fathers. They felt that interest group involvement in the legislative process could possibly lead to lawmaking by the few, or the elite. Madison warned about the dangers of factions in Federalist No. 10. However, Madison also knew that citizens must have a voice in the lawmaking process if a democratic government was to be successful. He envisioned a system whereby all interest groups could play an active role in the policy process. If this happened, it would

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will be prosecuted. promote competition among groups, thus reducing the potential power of any single group. In other words, the influence of each group could be counterbalanced by others so that no one group could extend too much power in the policy process. Today, the government has a system that allows for group participation in the lawmaking process, and many interest groups take advantage of those opportunities and get involved in the policy process in many ways.

INTEREST GROUPS AND PUBLIC POLICY

Interest groups attempt to influence decisions made within the public policymaking system on the federal, state, and local levels by convincing elected officials to vote in their favor or to enact or interpret policies in such a way that it benefits them. Many interest groups are supported by corporations, banks, insurance companies, investment houses, law firms, media conglomerates, professional and trade associations, and civic organizations. For example, the labor union is represented by the AFL-CIO, which has certain perspectives on issues and wants those perspectives reflected in the laws passed by the U.S. Congress and in the manner in which those laws are implemented by bureaucracies or agencies.

Over the years, interest groups and Congress have established a mutual exchange relationship where each actor gives and receives something beneficial. Interest groups desire to have favorable policy decisions. They have the technical information needed by members of Congress to write an effective bill as well as research staff and other support services. Interest groups provide that information in exchange for positive policy. Additionally, interest groups may be able to reward congresspeople for that vote and sometimes are able to influence, if not actually deliver, votes for them at election time.

Although it is difficult to tell how much direct influence interest groups have, most critics agree that they are very powerful. If a group has helped provide campaign assistance to a political candidate at some time, it is unlikely that the member of Congress will fail to meet with representatives of those groups that helped that member of Congress and even take their opinions into consideration when making policy. It has become clear that congressional members respond to groups that clearly communicate their interests and have the funding to convey their message effectively.2

There have been some notable trends in the behavior of interest groups in recent years. First, there has been a tremendous proliferation of interest groups since the 1960s.3 The number of interest groups based in Washington, D.C., has become more numerous.4 This growth in the number of interest groups provides an opportunity for more citizens to become involved in the policy process in some way, from a passive role to a more active participation.5 They have also become more visible.6 This attracts even more members, giving them more opportunities for involvement.

Not only has the number of interest groups grown, but they are now pursuing more diverse policy goals as well.7 “Single-issue groups,” which focus on one issue or set of related issues, make up one type of group that has seen a proliferation in recent years. Similarly, the number of citizen groups (also called public interest groups) has grown. Most of these groups were created since the 1960s and tend to view political action as the principal means of achieving their policy goals.

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will be prosecuted. Another type of interest group that has seen a tremendous growth consists of political action committees (PACs). These groups, which emerged during the 1970s, are specialized forms of political fund-raising groups that are organized to collect and disburse contributions (meaning that they contribute) to campaign directly to federal political candidates. They are typically formed by corporations, labor unions, professional organizations, health organizations, trade associations, farm groups, ideological groups, environmental groups, and other types of organizations8 as the election arm of an interest group. Once a union creates a PAC, the members donate money to support either an individual political candidate or many candidates.9

Interest group PACs are now a major source of campaign funding, especially for members of Congress. “Each PAC is a separate, segregated fund that collects money to contribute to political campaigns, to use in independent expenditures for or against a candidate, or to sponsor campaign ads supporting or opposing a policy.”10 PACs are regulated by the Federal Election Commission, which requires them to register their finances and political contributions periodically. The McCain-Feingold-Cochran Campaign Reform bill, passed by Congress in 2002, also placed new limits on campaign contributions made by PACs by banning soft money, or unregulated contributions.11

Independent PACs, also called nonconnected PACs, are issue, ideological and type-of-candidate PACs. This means they support a particular issue, ideology, or type of candidate. Some examples of conservative PACs are the National Federation of Independent Business or the PAC affiliated with the National Rifle Association. These PACs tend to support conservative political policies. An example of an independent PAC is the Realtors Association, which advocates specific policies that benefit their industry but does not really take sides with a political party. Another example is Emily’s List, which supports female candidates for political office regardless of their political party identification.12 Some PACs work to support labor issues, such as the Committee on Political Education, which is a nonpartisan political arm of the AFL-CIO Committee on Political Education.13

Another recent change that has affected the behavior of interest groups is the movement toward locating headquarters or offices closer to Washington, D.C., closer to the legislative action, rather than in other major cities, such as New York City or elsewhere.14 The interest groups based in Washington have become more diverse and include private firms, public interest groups, state and local governments.

Technological advances and developments, such as the Internet, have led to significant changes in how interest groups operate. These changes have enabled interest groups to communicate not only with their members more often and in a more timely fashion but also with members of Congress.15 Technology allows groups to reach out to their members (and potential members) at a low cost. The groups can use the quick and easy communication to educate the public and to help convince people of their ideas; they can also use it to help with fund-raising.16

These technological advances have allowed more interest groups to form or expand because it is easier for them to have contact with the public and convince them to join the organization. They are more able to participate in electoral politics since producing and mailing thousands of specially targeted materials two weeks before an election is no longer difficult.17

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THEORIES OF INTEREST GROUP BEHAVIOR

The importance of groups in the democratic process has been described by many scholars. Truman, in his classic work titled The Governmental Process (1951), wrote that politics can be understood only by looking at the interaction of groups. He called this idea “group theory.”18 Robert Dahl, who in 1961 wrote Who Governs, described the pluralist theory. He completed a study of local politics to see just who influenced policy outcomes. Dahl found that in three areas, different groups were active and influential. He described a process by which loosely organized coalitions of groups and politicians became active on issues they cared about. Most people, according to Dahl, become interested in the issues that directly affect them, but most times, they are apathetic. He wrote that policymaking through group interaction is a positive virtue, not a threat to democracy. In group politics, the interest groups generally succeed in their goals of influencing the government. This happens so often that the government, in some way, provides a measure of protection to almost all interests in society. However, this does not mean that all interests get exactly what they want at all times from the government or that the policies always reflect what they want. Instead, all interests get at least some rewards.19

Theodore Lowi has termed this proliferation of groups and their growing access to government “interest group liberalism.” Lowi recognizes the importance and the inevitability of government intervention in private activity but argues that organized groups have become the primary political actors that ensure that government is responsive to the needs of the various interests. The concern is not whether the government will intervene or to what extent but rather the manner in which the intervention will occur. Lowi recognizes that those closest to a problem or issue are probably the most competent to deal with it. Interest group liberalism encourages government to allow groups to cooperate in both the design and the implementation of policy. Lowi argues that policymaking operates with a delegation of authority from legislatures to administrative agencies who in turn delegate it to interest groups with whom they have developed relationships. Thus, government passes public power into private hands and discourages public officials from making clear policy choices.20

Although elected officials respond to different groups on different issues, at times it may seem as if the political elites have a disproportionate amount of power. This idea was described by C. Wright Mills in The Power Elite (1956). In it, he claimed that American policies are ruled by a small group of wealthy and powerful individuals who are generally corporate executives, rich families, military leaders, and politicians. Because of their wealth, they have an unusual amount of pull with the legislatures, thereby becoming the true decision makers in society. Interests with more resources usually will obtain better results than interests that possess fewer assets and employ them less effectively.21

The unprecedented, unchecked, and even dangerous growth in the numbers of interest groups has led to yet another theory, that being hyperpluralism. As noted earlier, there has been a dramatic proliferation of interest groups. This increase in the number of groups and the resulting increase in the openness of the policy process do not necessarily mean better policies or ones that genuinely represent the national interest. Instead, government may be unable to process demands effectively, and openness may result in complexity, ineffective policy, and waste.22

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CHARACTERISTICS OF INTEREST GROUPS

There are many types of pressure groups that are diverse in their interests, organization, size, and modes of operation. Despite their differences, each interest group has the same goal: to influence government. They actively seek to influence the outcome of the policy process through both positive activity (promoting new courses of government action) and negative activity (seeking to block changes in public policy).23 Despite their differences, each interest group has similar characteristics. Some characteristics of interest groups are discussed in the following sections.

Lobbying

The term “lobbyists” comes from the practice of interest group representatives who would, many years ago, wait in lobbies to walk a legislator to his or her next meeting and have some face-to-face contact with that person. Today, that representative is called a “lobbyist” or simply a group representative. That person represents the group’s perspective to the legislator or top staff official and regularly meets with the legislator to discuss matters of concern. By this action, the group attempts to alter the voting behavior of those legislators. But lobbyists can also direct their activity at any institution of government, including the legislative, judicial, or executive branches.24 They often initiate lawsuits, start a letter-writing campaign, file a formal comment on a proposed regulation, or talk face to face with congresspeople or bureaucrats.25

Lobbying can be direct, which may include some time of direct contact between the legislator (or top staff member) and the lobbyists. This can be testifying at committee hearings, contacting government offices directly, presenting research results, or assisting in the writing of legislation. Lobbying can also be indirect, which includes letter or telephone campaigns or working through constituencies. In either event, those in government are reminded how strongly constituents feel about an issue. Usually, direct contact is most effective because it can make the member of Congress understand the group’s position. However, letter-writing campaigns are easier now because of the popularity and acceptance of computers. The group can contact its membership, provide them with information, and urge them to sign a postcard or letter.26 They may also use a system of coordinated calls that can tie up the phones on Capitol Hill for days.27

Influence

Each interest group has some kind of influence with legislators, but the ability to use that influence is unequal from group to group. The amount of influence an interest group wields depends on a number of factors, including the size of the membership, its monetary and other resources, its cohesiveness, the skill of its leadership, its social status, the presence or absence of competing organizations, the attitudes of public officials, and the site of the decision making in the political system. Obviously, groups with more influence are more effective in lobbying policymakers and more successful at having an impact on legislation.

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Size/Membership

Every interest group has a membership who pays dues to the group on a yearly basis. For those dues, members usually receive a newsletter or magazine containing information about relevant issues. They also know that their interests are being represented in Washington.

Interest groups come in all types and sizes. Some groups have many members, while others have fewer. Some groups have geographic dispersion in congressional districts throughout the country, whereas others are located in a particular area.28 Generally, larger interest groups have more members who pay dues or contribute financially to the groups. More members usually translate into more power and influence for the organization. Larger groups will usually have more money, resources, staff, and lobbyists to work on reaching their goals. In combination, these factors give larger groups more power and influence in lobbying legislators, judicial members, or even the executive branch. Some examples of larger interest groups include the Sierra Club, Friends of Earth, the U.S. Chamber of Commerce, the American Medical Association, and the American Bar Association.

Resources

Every interest group, large or small, has some resources they can use to influence legislators. This can include many things: money, people, or campaign support. The number of resources a group has can give it an advantage or disadvantage over the other groups in affecting legislation.

Of course, one of the most important resources is money, or financial support, for the candidate or politician. Some interest groups have large budgets, making them effective in providing financial assistance to candidates and already elected officials. Since each candidate must raise his or her own money for a campaign, the costs of which only continue to escalate, the financial contributions of interest groups are very attractive. Campaign contributions can even be made through PACs.

The Lobbying Disclosure Act of 1995 requires that groups disclose how much money they spend in their efforts to influence legislation. These reports indicate that each year, lobbyists spend more than $1.25 billion trying to influence policy. Obviously, groups with less money may have more difficulty influencing votes, especially if they are battling groups with more money available to them.

Resources can also be nonfinancial assistance. Some groups use their personal contacts to their advantage. This allows some groups to “schmooze” with legislators and convince them to vote a particular way. Other groups may provide people to be used as resources for a candidate; this may include helping with a campaign by handing out leaflets, going door to door, appearing at rallies, or preparing mailings. The larger the interest group, the more members it has to provide this resource.

Expertise

Each interest group has a different level of expertise in a different policy arena. With that expertise, a group is able to provide valuable information to assist a member of Congress to support or oppose proposed legislation. They may have expertise in one area (a single-issue group) or multiple areas. The

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will be prosecuted. members’ expertise in an area will help determine the strength of an interest group. Those with considerable expertise may have more power, as more legislators may depend on them for that information.29

Focus or Goals

Interest groups vary as to their topic area. They can be narrow in scope and focus on one or two issues or issue areas, such as single-issue groups do. Or groups can be more general or broad, such as the American Civil Liberties Union, which takes on civil rights issues of all sorts. Examples of single-issue groups are Operation Rescue and the National Abortion Rights Action League, which focus on the abortion issue, or the National Rifle Association and Handgun Control, Inc., which revolve around the issue of the availability of guns.30

Longevity

Some interest groups are permanent, and others come and go quickly. Some were established over a hundred years ago, while others have emerged as the result of a recent social issue. Some stay around, while others may dissolve once the issue is addressed by legislators. Those groups with longevity typically have more power and influence simply because they have become more established in the policy arena.

Power

All interest groups have the power to influence legislators but to varying degrees. Power is the ability to get people to do what you want them to do. The distribution of power among interest groups has been described as not being a contest among equals.31 The groups that can promise and deliver large numbers of votes to candidates and elected officials tend to be more influential and thus have more power. Of course, the ability to contribute campaign resources (either money or manpower) is also powerful. Groups that are well organized, large sized, and have a qualified leadership are more likely to have more influence than those that are poorly organized, poorly financed, and low in their social status.32

Organization

All interest groups have some type of organizational structure,33 such as bylaws, a board of directors, and/or a governing board with formal authority over staff and operation of the group. The group’s organization will usually include a division of labor that is based on function or issue.34 Each position in the organization is assigned a specific task. Of course, the extent of organization will depend on the individual interest group. Some interest groups have a highly structured organization that mirrors that of a complex corporation, while others may be four or five people who simply work together on an informal basis. The organization will depend on many factors, including the number of members.

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Build Coalitions

Most organizations will, in certain circumstances, build coalitions with other groups in an attempt to influence policies that they would never take on by themselves. Two or more groups may combine forces and pool their funds, resources, and/or staffs to work side by side to do this. If many interest groups share a point of view, they can divide the task, each group taking the members of Congress with whom it is most familiar. Coalitions usually last only until some resolution of an issue is reached.35

Catalyze Grassroots Support

Many interest groups reach out to group members or other interested individuals and get them involved in an effort to influence legislation. This is called grassroots support. Interest groups can organize and mobilize grassroots efforts to influence Congress and the White House by encouraging letters, phone calls, and visits by individual constituents and campaign contributors.36 This way, the interest group can show the public’s support or opposition to a proposal and attempt to sway the vote on a proposed bill. Some groups have the ability to easily mobilize their members and sympathizers, whereas others are less effective at this.37

Knowledge of Other Groups

Every interest group has information about the opposing groups so that they can counteract their initiatives. They understand their techniques and try to counter them with their own initiatives. They are also aware of other groups that may share similar goals. In this case, the groups may coordinate their efforts to be more successful in influencing legislation.

Educate the Public

Every interest group engages in research to uncover data on their own and then uses that to make people aware of the significance of the problem or issue at hand.38 Groups will often work to disseminate their research findings about these political issues through a public relations campaign of some kind. They may purchase advertising space in newspapers and magazines, and they can publicize voting records of officeholders. Through educating the public, the interest group hopes that more people will join their organization, thus becoming a financial resource (when they pay dues) and a personal resource for the group.

ROLE IN POLICY PROCESS

For many years, political scientists have studied the role of interest groups in the policymaking process, yet the literature is sparse and diverse. The activities of an interest group are protected in the U.S. Constitution.39 In a pluralist society, interest groups have many points of access to Congress and the process by which a bill becomes a law. The behavior, activity level, and role of these interest groups are

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will be prosecuted. varied. Some of the activity is focused on affecting the agenda, whereas other activity affects the alternatives considered by policymakers. Whatever it might be, the interest groups play a significant role in the policy process, including identifying the problem, setting the agenda, program evaluation, and some other roles.

Problem Identification

The role that interest groups play in initiating policy is key to the policymaking process. Public policy does not automatically occur and become a rational solution to an existing problem; rather, a problem must first be recognized. These problems are often brought to light by interest groups that are often more closely aware of the issues that must be faced by individuals working in the field every day. Since the workers are not usually able to travel to meet with legislators in Washington, interest groups will represent them and make their problems known to the elected officials serving there.

Lawmakers need to be made aware of one or more groups that are experiencing some type of dysfunction before they can act, and interest groups often do that. Take, for example, the issue of battered women. For many years, women were abused and battered by their spouses, but it was not recognized as a problem until women’s organizations came forward to help identify the problem and shape people’s perceptions of the victims and the offenders and demand some action by legislators to solve the problem. The issues surrounding battered women were eventually addressed by politicians, and action was taken. The women’s groups were able to shape the social perceptions people had about the issue and identify it as a problem in need of congressional action.40

Interest groups, whether they are large or small, rich or poor, can help identify significant problems and turn those problems into political issues that become part of the political agenda that elected officials feel they must address. Interest groups can make elected officials and the general public aware of a particular issue that needs action.41 This can be done in a variety of ways, either by meeting directly with members of Congress or their staff or through their constituencies in a letter-writing or telephone campaign as discussed previously. The interest group may also use the media to bring attention to the problem. In essence, the interest group is frequently responsible for bringing the issue to light in the first place. In fact, interest groups are a major source of demands for public policy action in the United States.

Agenda Setting

Once the problem has been identified, interest groups apply pressure on elected officials to have that issue placed on the agenda. Interest groups are major actors in supplying possible solutions to the problems identified earlier or advocating a certain proposal over another. Putting pressure on elected officials to deal with a problem can force them to give some attention to a serious issue of which they may not have been previously aware.42

Because interest groups cannot formally introduce legislation, they need to work with a “friendly legislator,” a member of Congress who supports their ideas. This friendly legislator will introduce the legislation for the interest group, otherwise known as “dropping it in the hopper.”43

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will be prosecuted. Many interest groups focus on “negative blocking,” through which interest groups attempt to block any new legislation that may reduce the existing benefits to interest group members. By blocking the legislation, the interest group is attempting to preserve any benefits that its members are currently receiving.44 It attempts to discredit an alternative to the point that it is never seriously considered. Such a non-decision-making strategy is used to protect an existing policy.45

Many interest groups are effective in getting a criminal justice policy on the politicians’ agenda. One of those is Mothers Against Drunk Driving (MADD). Created by a California mom whose daughter was killed by a drunk driver, this group was able to establish drunk driving as a major public problem during the 1980s. MADD effectively put the issue on the public’s agenda even though there was no rise in the incidence or prevalence of drinking and driving accidents across the country. They claimed that the problems associated with drinking and driving had long existed and never been treated seriously by legislatures and the courts.46 Other examples of criminal justice interest groups are listed in Boxes 9.1 –9.4 below.

BOX 9.1: Criminal Justice Interest Groups Related to the Issue of Gun Control

Brady Campaign to Prevent Gun Violence

Supports sensible regulations to reduce gun violence, such as legislation to make it harder for convicted felons and mentally ill to get guns, and exposing corrupt gun dealers.

Coalition to Stop Gun Violence

Seeks to achieve freedom from gun violence. The group is comprised of 48 national organizations that work together to reduce gun violence. These organizations include religious groups, child welfare advocates, public health professionals and social justice organizations, each of which share a visions of non-violence.

Second Amendment Foundation

Promotes education and outreach regarding gun rights and responsibilities of gun owners.

Students for Concealed Carry on Campus

Supports allowing students, faculty and staff to carry concealed guns to campus for self defense.

Citizens for the Right to Keep and Bear Arms

Promotes education and outreach regarding gun rights.

Law Enforcement Alliance of America

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will be prosecuted. A gun rights group comprised of active duty and retired law enforcement officers, crime victims and other interested citizens. The organization attempts to explain police “use of force” policies, supports concealed carry laws especially for off-duty and retired law enforcement officers, and supports strengthening laws to punish violent criminals, including the death penalty.

Liberty Belles

An organization with a primary focus on women and gun rights, this organization seeks to dispel the myths about owning firearms. They often participate in outreach at community events at shooting ranges and rallies.

National Shooting Sports Foundation

Comprises gun manufacturers, distributors, retailers, sportsmen organizations and members of the media, the group supports the shooting, hunting and firearms industry.

Violence Policy Center

A national educational organization focused on reducing violence in America, especially relating to guns.

Gun Owners of America

Supports gun ownership and research. The group is known for being “the only no-compromise gun lobby in Washington.” In 2004, they spent over $1.75 million to lobby Congress on gun legislation.

Jews for the Preservation of Firearms Ownership

A group of around 4,000 members, the organization works to preserve gun rights.

Mayors Against Illegal Guns

A coalition of mayors from different political parties that seeks to stop illegal trafficking in guns and make it easier to track guns used in crimes.

Pink Pistols

A gay gun rights group that supports firing range visits and political activism. They grade legislators based on their records of supporting issues relevant to the group.

American Hunters and Shooters

Committed to supporting the right to own guns, protect homes, and preserve liberties. The group is comprised of hunters who are committed to safe and responsible gun ownership.

BOX 9.2: Civil Liberties Interest Groups

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will be prosecuted. American Civil Liberties Union (ACLU)

Renown interest group that focuses on protecting human rights and particularly constitutional rights of American citizens, especially First Amendment rights.

Anti-Defamation League (ADL)

Helps people counteract hate and helps victims of bias crimes; works with legislators, educators, and community and religious leaders to combat all forms of bigotry and prejudice; and has programs and materials that promote respect for all individuals.

Equal Justice USA

Wants to spark public scrutiny and concern about racial and class biases pervading the U.S. criminal justice system, capital punishment in particular; has a Moratorium Now! Campaign to bring about a national moratorium on executions, beginning state by state and gaining nationwide momentum; wants to deepen public understanding about how the death penalty is applied and how it violates human rights; and tries to recruit other groups to join the call for a moratorium on the death penalty.

BOX 9.3: Private Research Interest Groups

Criminal Justice Policy Foundation

Conducts surveys and research on solutions to criminal justice problems such as drug policy and policing practices.

Heritage Foundation

Nation’s major conservative think tank dedicated to preserving America’s traditional values.

Institute for Law and Justice (ILJ)

Private, nonprofit research and consulting firm that reviews legislation for impact analysis.

Police Executive Research Forum (PERF)

Partnership organization of academics and chiefs from the nation’s largest cities dedicated to innovative policing, professionalism, research, and involvement in public debate.

Rand Corporation

Nonprofit institution and nation’s major think tank on policy decision making, involved in a number of criminal justice-related issues, including crime control, drug laws, sentencing, and prison management.

Vera Institute of Justice

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will be prosecuted. Nonprofit agency working to establish more humane alternatives to prison and the criminal justice system.

BOX 9.4: Criminal Justice Professional Organizations

Academy of Criminal Justice Sciences (ACJS)

Leading professional association devoted to scholarly study of criminal justice issues, composed primarily of college professors.

American Bar Association (ABA)

Lobby group composed primarily of lawyers working on solutions to the nation’s crime problem.

American Correctional Association (ACA)

Leading correctional employee association for those interested in professionalism, runs a program that accredits prisons.

American Judicature Society (AJS)

Professional organization of nonpartisan judges, lawyers, and citizens working toward better judicial selection, ethics, and effectiveness in criminal justice.

American Society of Criminology (ASC)

Leading professional association devoted to the scholarly study of crime, composed primarily of college professors.

American Society for Industrial Security (ASIS)

Leading professional association for the private security industry.

International Association of Chiefs of Police (IACP)

Leading and oldest professional association for police professionalism.

National Organization of Black Law Enforcement Executives (NOBLE)

Policing organization of black police chiefs from across the nation.

Policy Formation

Interest groups play a major role in the policy formation stage of the policy process. Once an issue is placed on the agenda, there are many ways for interest groups to influence that proposal. They are key facilitators in the bargaining, negotiating, and compromising that take place during the lawmaking

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process.47 Their involvement and effectiveness in the policy formulation stage reflect their resources and level of influence.48

Interest groups play a serious role in proposing potential legislation. Interest groups will often give the legislatures or even executive officials specific proposals for legislation that reflects their interest and will continue to work with that member of Congress to get a specific policy proposal turned into law. Those interest group representatives who push certain policy proposals are referred to as policy entrepreneurs. To do that, the policy entrepreneurs may provide information to members of Congress when they are drafting the proposal. They usually provide technical information about the likely impact of legislation or even the political ramifications of a bill. They can also provide relevant information to congressional committees and subcommittees when they are debating, or “marking up,” the proposal. Because they are experts in the field and members of Congress generally do not have that information, interest groups are able to easily provide expertise, information, and status to members of Congress.

Since most of the work on a bill is done in committees, interest group lobbyists are more active here. At times, interest groups become most visible when they attempt to influence pending legislation. Interest groups may even persuade committees to hold hearings in the first place. Officials from interest groups are often called to testify in the hearings, and these activities bring a great deal of publicity to an issue. They may even get press coverage, which in turn may create public sympathy for the issues.49

The committee-based policymaking system that makes up the policy process actually helps interest groups succeed in influencing legislation. There are many opportunities to insert provisions that benefit a certain group.50 Additionally, the committees are smaller than the entire body of the House or Senate and thus are easier to manage and influence. The small committees also facilitate the building of personal relationships. Over time, regular contacts allow lobbyists to prove that their information is reliable and that they can be trusted to assist the committee members in developing quality legislation.51

Sometimes, there is an implicit “threat” that the interest group will work to defeat a congressional member if he or she refuses to support the group’s policies. Conversely, the interest group may promise electoral support if the member agrees to promote the group’s proposals.52 This potential threat or promise of support can influence actions by Congress.

However, even if an interest group successfully raises an issue and is able to have it placed on the agenda, the interest group does not always control the debate surrounding that issue.53 It may be able to have the issue placed on the agenda but then is unsuccessful in influencing the alternatives considered.54

The role that interest groups play in the policy process and in policy formation in particular is understood in the concept of the iron triangle described earlier. In this relationship, interest groups give information to the legislators and to the bureaucracies. In exchange for that information, interest groups receive a “reward” from the other actors. Congress may pass legislation that is beneficial to the interest group and reflects its needs. Bureaucracies use their discretion to define and implement policies in their interests.

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will be prosecuted. Citizens and groups of all stripes have a potential if not a lively interest in criminal justice issues. Many groups will place demands on the legislative system for action.55 Each group may have different problems and approaches to solving those problems. Satisfying conflicting demands between groups is difficult for legislatures. There is always opposition to every proposal. Interest groups may reach out for support from the general public, but they also turn to professional groups. In fact, support from the public may be less vital and less powerful than even modest support from professionals who work within the ranks of the criminal justice system. Their proposals yield significant insights, and their support for a bill can influence others to support it as well.56

Many people complain about politicians’ close relationships with interest groups, arguing that some groups are able to control the decisions of elected representatives, giving them too much power in the policy process. In essence, they argue that the groups are able to create policy proposals that reflect their interests rather than policy that is in the best interests of society.57 Even some elected officials have attacked the undue influence of organized interests on the policy process, arguing that the lawyers and lobbyists who represent organized interests in Washington are narrow or selfish.58 They claim that policy is consistent with the concerns of interest groups rather than what is “best.” The public often attempts to limit the potential power or influence of groups through campaign finance laws, term limits, and restrictions on lobbying. But the influence of criminal justice interest groups remains strong in the policy process, as they argue that their actions are in the public interest. They are able to dominate and define the issues “on behalf of the public.”59

Despite these concerns, Congress continues to rely on interest groups. “It is hard to imagine Congress functioning today without interest groups, given legislators’ insatiable need for information relevant to policymaking.”60 Legislators need access to the information that is provided by the groups. They also need the campaign assistance provided by interest group members if the legislation successfully passes.

Program Evaluation

Interest groups are often involved in the final stages of the policy process, including program evaluation. They are often directly associated with program monitoring, as they closely follow programs that affect their constituents. If they discover a program that is not benefiting their members, they will often try to draw attention to shortcomings they observe. They may also decide to issue evaluative reports and contact people in the media. They may also lobby agency personnel to make changes in program implementation or go to court in an effort to exact compliance with the law.61

Other Roles

Interest groups have played a big role in campaigns and elections since the 1960s.62 Interest groups attempt to influence who is elected into office, with the hopes of having their supporters who share their views elected into offices where they can be influential in passing legislation favorable to the group. By aiding incumbents in their reelection bids, the interest group can more easily approach policymakers to argue their cases.63 In this way, the policies they support will be implemented.

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To do this, interest groups will choose to endorse specific candidates.64 These endorsements can often be very valuable. Interest groups can also contribute money to candidates and parties or organize fund- raising events; distribute voters’ guides; provide volunteer labor to stamp envelopes or distribute campaign literature door to door; finance television, radio, and print advertising; and call citizens to encourage them to vote. In some cases, the groups recruit candidates or even attempt to influence the party platforms.65 They can also choose to play an organizational role, helping the chosen candidate disseminate his or her message. This, in turn, will help deliver the votes to that candidate on election day.66

LOBBYING THE PRESIDENT

The influence of organized interest groups permeates not only the lawmaking process in Congress but also that of the federal executive agencies. Typically, interest groups do not lobby the president simply because they don’t have that kind of access. But the groups’ lobbyists will meet with other members of the executive branch, including department heads and other high-level bureaucrats. Obviously, the groups lobby for their own interests. They attempt to convince the bureaucrat of a particular need and that it is necessary to implement laws in a particular fashion to meet that need.

LOBBYING THE COURTS

Interest groups try to influence policy by exerting influence on the courts and judicial decision making. Interest groups lobby justices in an attempt to influence their decisions just as they lobby members of the legislature in an attempt to influence their behavior. Most of the time, judges are considered to be immune from the politics that are found in the other branches of government, and most justices have the image of being nonpolitical and above the political fray. The direct lobbying of justices at any level is considered a violation of judicial ethics. Few lobbyists would consider contacting a judge about a case, and few judges would react favorably to that type of contact.67 This makes courts more difficult to lobby as compared to legislators or the executive branch. The interest groups’ influence on the court’s behavior is limited because of this. It is sometimes difficult for the group to achieve any significant influence over the justices’ decisions.68 However, going to court may be part of a broader group strategy used by interest groups to obtain government policies favorable to the group.

Most people would agree that today, members of the court are not immune from political pressures or the effects of organized pressure-group lobbying,69 and interest groups actively attempt to advance their agendas in the courts. In fact, interest groups now view the judicial branch of government as a critical access point that they can attempt to influence.70 They do this in many ways, including through litigation and in the process for selecting judges.

Litigation

The technique of bringing litigation to the courts became more popular in the late 1960s and early 1970s. At that time, political activists were looking for new methods for creating political change. To their benefit, the rules of standing were liberalized, giving them more opportunities to bring cases

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will be prosecuted. before the courts. Other interest groups saw how effective litigation was, so they began to do it themselves. As citizen groups began to win major victories in courts, litigation techniques became more popular with other groups.71

In recent years, there has been a significant increase in interest group litigation before the U.S. Supreme Court. Between 1986 and 1996, 76 percent of the full-opinion cases contained at least one amicus curiae (“friend of the court”) brief.72

Since directly lobbying the courts is not well accepted, interest groups lobby the courts indirectly through litigation.73 The most important basis for influence over the court is in written briefs and oral arguments. This way, group representatives try to shape policymakers’ perceptions of the choices that they face. The groups commonly submit amicus curiae briefs in which they suggest legal strategies the court might follow to come to a particular conclusion. The briefs also try to draw the justices’ attention to the political implications or ramifications of both the case and the decision. For example, these briefs often make note of the size of the group submitting the brief and the impact a particular decision would have on the group’s membership, on the national economy, or on the social conditions and political activities in the nation.74

Often, interest groups will lobby the court to influence a decision or to delay the implementation of a policy if they have no other immediate way to change a policy quickly.75 Some groups may attempt to lobby the courts if they do not have the access and resources to influence public policy in the legislative and executive branches.76

Interest groups use many litigation strategies to influence the court’s decisions. It has become common for interest groups to use a test case, that is, to sponsor a case through the court system. They can locate a person who has been injured, who has suffered a loss, or who has a real grievance to serve as a plaintiff in a case. The group will then provide legal or financial assistance so that the case can go through the court system, even to the Supreme Court. Since interest groups have more resources than most individuals, they are able to provide the money to finance the case. They try to use the case to legally challenge the basic constitutionality of a law, government rule, or policy. The group may focus on a broad principle of law in order to obtain a general court ruling. “Typically, reform-seeking litigation involves a lawsuit against a governmental agency by an individual, often backed by an interest group, seeking judicial protection of an asserted constitutional right.”77 The groups know that a favorable court ruling must be applied to similar circumstances in the future, and this helps further their goals.

Interest groups often bring cases to trial concerning racial or gender-based discrimination. They have brought to court virtually all civil liberties cases and more than one-third of the cases involving business matters. In fact, the majority of important constitutional cases decided by the Supreme Court are brought by organized groups as test cases.78

Interest groups sometimes file amicus curiae briefs with the court. These are legal documents that provide legal and policy arguments in support of one of the parties to a case. When a group files these briefs, it does not directly participate in cases. The group is usually not a direct party but has an interest in the outcome of the case. If a group is not satisfied with the type or quality of legal argument being

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will be prosecuted. made by the parties in the case or if it is requested by the parties to submit an amicus curiae brief, it may provide an additional legal interpretation to those being used by the participants in the case. These briefs give the court another view on the possible implications of the decision and urge adoption of their favored resolution of legal disputes. They are also a way for groups to provide information to decision makers. By filing these briefs, the group is demonstrating to the court, the public, and their members that it is strongly committed to a certain position.79

Another way groups lobby the courts and persuade them to vote a particular way to influence policy is through class-action suits. These are cases in which a plaintiff claims to represent the interests of many people who have suffered harm. The dispute affects them in essentially the same way. There is not one specific individual plaintiff but many.

Finally, an interest group may use a Brandeis Brief to lobby the court. This type of brief stresses the social and economic conditions that are relevant to the case rather than formal law and precedent. These briefs can provide information on new ideas, information, or technology that can promote change instead of the traditional reliance on written law, which reflects the past thinking on an issue. Here, interest groups attempt to make the judges aware of the need to make new policies.80

There are other options that groups have to lobby the court. Some interest groups attempt to influence the court’s decision as to whether to accept cases through participation in oral argument or the submission of legal briefs. Other groups attempt to lobby the court indirectly by holding demonstrations or starting a letter-writing campaign directed at the justices.

Both liberal and conservative groups have used litigation techniques to pursue their policy agendas for many years. Such techniques have led to many changes, including the improvement of living conditions in prisons and jails across the country.81 Many groups use litigation to bring about change rather than try to lobby Congress. The American Civil Liberties Union, which concentrates on human rights issues; the National Association for the Advancement of Colored People, which focuses on racial equality disputes; the Sierra Club (an environmental group); and consumer and safety groups, such as Ralph Nader’s organizations, have all done this.

In order for an interest group to effectively lobby a court, it needs to have certain characteristics. First, the group must have sufficient longevity to withstand the process of pursuing legal cases. Some cases may take years or even decades before benefits are seen. To be effective, an interest group must be stable over a long period of time. Second, a group must have adequate financial resources to afford the case. This may include a legal staff to maintain litigation. This becomes especially important when affluent interests or government entities that can afford to prolong the litigation process are involved. Third, interest groups must have the ability to generate well-timed publicity. This can create a positive public image, which in turn may enhance a group’s ability to create financial support, favorable public opinion, and broader circulation of legal arguments and evidence.82

Since lawsuits can become quite expensive, litigation techniques are used more frequently by larger interest groups that have their own legal staffs.83

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Selection

Interest groups try to affect policy by influencing who gets seated on the court. All judges must face some kind of political process to serve on the bench. They are either elected or appointed through a political process, and interest groups get involved in both of these processes. Interest groups know that the appointment of every justice to the Supreme Court can lead to major changes in policies that affect them. Thus, interest groups play a big role in the judicial appointment process.84 For example, in 1987, when Robert Bork was nominated to the Supreme Court, there were 147 groups active in one or more phases of the process.85

Additionally, interest groups can be a valuable source of information about judicial nominees for both the senators involved in the process and members of the public. Interest groups can attempt to manipulate the press, the media, and public opinion in the judicial nominating process.86 All these actions can potentially affect the nomination and/or approval of a candidate.

LOBBYING THE BUREAUCRACIES

Another tactic used by interest groups to affect the policy process is to lobby bureaucracies. This is because bureaucracies are so entrenched in the policy-making process and because of the close relationships that have developed between bureaucracies and interest groups (i.e., the iron triangle). This is especially important for those groups that are not as effective at lobbying the legislatures. And since most interest groups do not have direct access to the Oval Office,87 they are unable to influence policy in that way. Instead, they can lobby the bureaucracies that do have access, such as cabinet departments and independent agencies. Congress and the president often delegate authority to these lower-level administrators who are then lobbied by special interests.88

Interest groups use a variety of techniques to influence decisions made by the federal bureaucracy. One of these is to use the “comment period,” which the federal administrative agencies must provide as part of the rule-making process. Although this is not always an oral hearing, some statutes do require some kind of hearing where interested parties can relay their concerns.89

Another technique used by interest groups for influencing federal agency decision making is to influence particular members of Congress for a certain action. For example, the interest group can convince a member of Congress for the need to hold an oversight hearing that puts the offending agency in the spotlight, or the interest group can persuade a member of Congress to threaten an agency with an appropriations reduction if the agency does not rethink its position in a particular area.90

An interest group can also try to ensure that the top political executives, particularly those who run the agency, are supportive of the interest group’s positions.

The interest group can mobilize a letter-writing campaign or schedule a series of personal visits to put pressure on the agency to act in a certain way.91 The letters can come from constituents, supporters, other officials, or whoever may be influential in forcing the bureaucracy to perform in a way that would

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will be prosecuted. be acceptable to the interest group. The same is true of personal visits or personal contacts from either officials or supporters who may have some influence in encouraging a particular bureaucratic action.

There is some evidence that the influence that interest groups have has been declining over time because the contacts between interest group representatives and civil servants have declined. However, other research shows the opposite to be true and that the influence the interest groups have in affecting legislation is indeed strong.92

REVERSE INTEREST GROUP LOBBYING

Reverse interest group lobbying refers to officials attempting to lobby the lobbyists or interest group representatives. In other words, the government turns to the interest group. Government members and staff seek to mobilize interest group coalitions and their lobbyists so that the interest group leaders may then organize and mobilize their memberships to support or oppose proposed policies. Interest group members may become the targets for campaign solicitation by members of Congress who are seeking reelection. Reverse interest group lobbying typically does not involve letter-writing campaigns, but congressional members may turn to interest groups, such as law enforcement groups, defense attorneys, or other professional groups, for support for a bill.

These actions are, to some extent, limited by the Anti-Lobbying Act, which states that White House and executive branch officials may not coordinate efforts to mobilize support for administration policies with allied interest groups that are recipients of federal funds through contract and grants.

EXAMPLES OF FEDERAL CRIMINAL JUSTICE INTEREST GROUPS

For the most part, interest group activity in criminal justice is unique. While there are many groups that are influential at the national level that will, on occasion, be concerned with criminal justice, there are only a few groups that focus solely on criminal justice issues.93 Box 9.1 shows some examples of effective interest groups that are involved in the criminal justice issue of gun control. Although they differ in their ideological perspective, they all seek to influence criminal justice legislation.

Interest groups in criminal justice have been divided into different types. There are legal and criminal justice professional associations, such as the American Bar Association, the National Black Police Association, the International Association of Chiefs of Police, and the National Legal Aid and Defender Association. These groups represent the interests of the particular group if legislation is proposed that will affect that group. In this case, such legislation might be procedures concerning arrests that may impact policing and court personnel. A second group of interests consists of reform groups, such as the National Council on Crime and Delinquency, which are concerned with reforming the criminal justice system to improve the way in which justice is meted out. A third type of group is made up of representatives from state agencies, such as the group representing state attorneys general. Civil liberties groups are another type of group, such as the American Civil Liberties Union, which helps ensure that the civil rights of all individuals are protected. Finally, there are issue-related groups, such as the National Coalition to Ban Handguns, which focus on specific issues.94

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will be prosecuted. Probably the most well-known interest group that is active in criminal justice is the National Rifle Association (NRA), which was established in 1871. It is committed to promoting and protecting the rights of gun owners.95 The group currently has around 4 million members and significant resources. In the 2008 presidential campaign, the NRA spent nearly 10 million to support or oppose candidates.96 It has a large, geographically dispersed, and loyal membership. It also has the ability to quickly communicate with the members through state NRA chapters and gun clubs.97 One division of the NRA is the Institute for Legislative Action. This is the “lobbying” group of the NRA. This group works to achieve laws that support pro-gun policies on the federal and state levels through lobbying techniques such as letter-writing, e-mails, faxes and telephone calls to officials. Another division of the NRA is the Political Victory Fund, a political action group (or PAC). They get involved in political campaigns by ranking the candidates based on voting records and public statements. The group claims that they have an 84 percent success rate in getting candidates elected to office who will support the NRA’s policy position.

The NRA has many techniques for helping candidates. The organization gives political candidates for Congress a grade (from A to F) on their support for the group. Those who most actively support the NRA get an A. The grades are published in the American Rifleman. The NRA can also choose to endorse a particular candidate. Only those candidates who are allies of the NRA will receive its endorsement. The NRA often contributes money to the candidate’s campaign. It uses both “in-kind” contributions, such as fund-raising and meet-and-greet events to help the candidates, and cash contributions. The NRA can also use independent expenditures to help its candidates, including radio or television ads to telephone banks.

STATE AND LOCAL INTEREST GROUPS

At the state level, criminal justice interest groups may play a major part in formulating legislation because state legislators frequently lack time and staff needed to cope with such matters.98 Some would argue that private groups on the state and local levels have more power than on the federal level and can become the actual formulators of policy because the state political arena is smaller than the federal, giving the groups more opportunities to influence decisions made by policymakers.

The interest group environment is different from one state to another. There is some variation in the composition of the groups in different states. There are also differences in the amount of influence they have with the legislators. Generally, in states where political parties are strong, interest groups tend to be weak and vice versa.99 Strong parties provide leadership in the policy-making process, and interest groups will function through them. In situations where there is a lack of political party leadership and organization, interest groups will fill the void.

Interest groups also get involved in local elections and community issues. At the local level, the focus of interest group activity is on the actions of government, including policy implementation and service delivery. Groups such as business groups (Chamber of Commerce), neighborhood groups, civic groups (League of Women Voters), labor unions, environmental groups, and ethnic groups become more involved. Some examples of interest groups in state and local systems are given in Box 9.5.

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BOX 9.5: State and Local Interest Groups

Center for Court Innovation

A New York City interest group that conducts research on community courts and community-based initiatives.

Justice for All

An advocate for criminal justice reform out of Houston, Texas, aimed at making the criminal justice system better by protecting the lives and property of law-abiding citizens.

Maryland Network Against Domestic Violence

An advocate for victims of domestic violence that assists with referrals and providing medical and legal resources.

Research Triangle Institute

North Carolina-based think tank that conducts research on crime problems involving drugs, policing, and so on but mostly from an environmental perspective.

Texas State Rifle Association

State-level guns right group.

Conclusion

Interest groups play a significant role in the policy process from problem identification to policy formulation. There are many interest groups in criminal justice that are active in actions geared toward influencing legislation so that it reflects their perspective or their goals. Some interest groups are more effective at doing this than others. They must interact (or lobby) effectively with other political actors, including the president, courts, and bureaucracies, to help further their cause. One way this is done is through an attempt to influence who gets elected or appointed into office. But their ultimate goal is to influence the decision makers and policy implementers so that the decisions that are made support the interests of their group.

Notes

1.

Jeffrey M. Berry, The Interest Group Society (Boston: Little, Brown, 1984); Michael A. Hallett and Dennis J. Palumbo, U.S. Criminal Justice Interest Groups (Westport, Conn.: Greenwood Press, 1993), p. xiii; Erika S. Fairchild, “Interest Groups in the Criminal Justice Process,” Journal of Criminal Justice 9 (1981): 181–94, at 183.

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will be prosecuted. 2.

Allan J. Cigler and Mark Joslyn, “Groups, Social Capital, and Democratic Orientations” in Interest Group Politics, ed. Allan J. Cigler and Burdett A. Loomis (Washington, D.C.: Congressional Quarterly Press, 2002), pp. 37–53.

3.

Ibid., p. 3.

4.

William T. Gormley, Jr., “Interest Group Interventions in the Administrative Process: Conspirators and Co-conspirators,” in The Interest Group Connection, ed. Paul S. Hernson, Ronald G. Shaiko, and Clyde Wilcox (Chatham, N.J.: Chatham House, 1998), pp. 213–23.

5.

Cigler and Joslyn, “Groups, Social Capital, and Democratic Orientations,” p. 41.

6.

Ibid., p. 3.

7.

Mark J. Rozell and Clyde Wilcox, Interest Groups in American Campaigns (Washington, D.C.: Congressional Quarterly Press, 1999).

8.

Paul S. Hernson, “Interest Groups, PACs, and Campaigns,” in Hernson et al., The Interest Group Connection, pp. 37–51.

9.

M. Margaret Conway, Joanne Conner Green, and Marian Currinder, “Interest Group Money in Elections,” in Interest Group Politics, ed. A. Loomis (Washington, D.C.: Congressional Quarterly Press, 2002), pp. 118–40, at 119.

10.

Ibid., p. 122.

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