Knowledge Tree
judicial decision-making
Facts (12)
Sources
The Impact of Cognitive Biases on Professionals' Decision-Making frontiersin.org 11 facts
claimMost research on judicial decision-making has historically focused on how jurors decide cases using jury simulations.
claimResearchers investigating judicial decision-making primarily use archival studies (analyzing court records) and experimental studies (judges deciding hypothetical cases).
claimLegal realism premises that 'judges are human,' which has driven recent interest in judicial decision-making research.
claimJudicial decision-making may be influenced by cognitive biases such as framing and omission bias, as noted by Rachlinski (2018).
referenceB. Englich, T. Mussweiler, and F. Strack published 'Playing dice with criminal sentences: the influence of irrelevant anchors on experts’ judicial decision making' in Personality and Social Psychology Bulletin in 2006.
claimDiamond (1997) suggests that addressing the gap between experimental findings and real-world application requires using more ecological settings, such as mock trials for judicial decision-making.
claimResearch on judicial decision-making covers cognitive models (such as the story model), extralegal factors, prejudice (gender and racial bias), moral judgments, group decision-making, and comparisons between lay and professional judges.
claimAnchoring, hindsight bias, and confirmation bias are documented as affecting judicial decision-making.
referenceChris Guthrie, Jeffrey Rachlinski, and Andrew Wistrich published 'Inside the judicial mind' in the Cornell Law Review in 2001.
referenceChris Guthrie, Jeffrey Rachlinski, and Andrew Wistrich published 'Blinking on the bench: how judges decide cases' in the Cornell Law Review in 2007.
referenceChris Guthrie, Jeffrey Rachlinski, and Andrew Wistrich published 'Judging by heuristic: cognitive illusions in judicial decision making' in Judicature in 2002.
Course Schedule - Texas Law law.utexas.edu 1 fact
claimThe Judicial Internship Program at Texas Law covers topics including goal setting, judicial ethics, writing and communicating in chambers, judicial decision-making, statutory construction, and the organization and operation of the courts.