The Psychology of Judicial Decision Making

Hardcover | February 22, 2010

EditorDavid E. Klein, Gregory Mitchell

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While scholars in the past several decades have made great progress in explaining what judges do, there remains a certain lack of depth to our understanding. This volume grew from a belief that close examination of the psychological processes underlying judicial decision making can greatlyenrich this understanding. The collected essays map ways of incorporating key concepts and findings from psychology into the study of judging.The first section of the book takes as its starting point the fact that judges make many of the same judgments and decisions that ordinary people make and considers how our knowledge about judgment and decision-making in general applies to the case of legal judges. In the second section, chaptersfocus on the specific tasks that judges perform within a unique social setting and examine the expertise and particular modes of reasoning that judges develop to deal with their tasks in this unique setting. Finally, the third section raises questions about whether and how we can evaluate judicialperformance, with implications for the possibility of improving judging through the selection and training of judges and structuring of judicial institutions. Together the essays will foster a better understand how judges make decisions, and open new avenues of inquiry into influences on judicialbehavior.

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While scholars in the past several decades have made great progress in explaining what judges do, there remains a certain lack of depth to our understanding. This volume grew from a belief that close examination of the psychological processes underlying judicial decision making can greatlyenrich this understanding. The collected essays...

David E. Klein is Associate Chair and Associate Professor in the Department of Politics at the University of Virginia. Gregory Mitchell is Professor of Law and E. James Kelly, Jr.-Class of 1965 Research Professor at the University of Virginia School of Law.

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Format:HardcoverDimensions:360 pages, 6.42 × 9.21 × 1.18 inPublished:February 22, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0195367588

ISBN - 13:9780195367584

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Table of Contents

David Klein: IntroductionPart I: Judges and Human BehaviorLawrence Baum: Motivation and Judicial Behavior: Expanding the Scope of InquiryJennifer K. Robbennolt, Robert J. MacCoun, and John M. Darley: Multiple Constraint Satisfaction in JudgingBrandon L. Bartels: Top-Down and Bottom-Up Models of Judicial ReasoningLawrence S. Wrightsman: Persuasion in the Decision Making of U.S. Supreme Court JusticesWendy L. Martinek: Judges as Members of Small GroupsNeal Devins and Will Federspiel: The Supreme Court, Social Psychology, and Group FormationPart II: Judging as Specialized ActivityFrederick Schauer: Is There a Psychology of Judging?Emily Sherwin: Features of Judicial ReasoningDan Simon: In Praise of Pedantic Eclecticism: Pitfalls and Opportunities in the Psychology of JudgingBarbara A. Spellman: Judges, Expertise, and AnalogyLen Dalgleish, James Shanteau and April Park: Thresholds For Action in Judicial DecisionsC. K. Rowland, Tina Traficanti, and Erin Vernon: Every Jury Trial Is a Bench Trial: Judicial Engineering of Jury DisputesEileen Braman: Searching for Constraint in Legal Decision MakingPart III: Evaluating and Improving JudgingGregory Mitchell: Evaluating JudgesAndrew J. Wistrich: Defining Good JudgingJames Shanteau and Len Dalgleish: Expertise of Court JudgesGregory Mitchell and Philip E. Tetlock: Cognitive Style and JudgingDaniel Farber and Suzanna Sherry: Building a Better JudiciaryReferences