The Psychology of Judicial Decision Making

David E. Klein, Gregory Mitchell (Herausgeber)

Buch | Hardcover

360 Seiten

2010
Oxford University Press Inc (Verlag)
978-0-19-536758-4 (ISBN)

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Over the years, psychologists have devoted uncountable hours to learning how human beings make judgments and decisions. As much progress as scholars have made in explaining what judges do over the past few decades, there remains a certain lack of depth to our understanding. Even where scholars can make consensual and successful predictions of a judge's behavior, they will often disagree sharply about exactly what happens in the judge's mind to generate the predicted result.

This volume of essays examines the psychological processes that underlie judicial decision making. 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, chapters focus 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 judicial performance, with implications for the possibility of improving judging through the selection and training of judges and structuring of judicial institutions. Together the essays apply a wide range of psychological insights to help us better understand how judges make decisions and to open new avenues of inquiry into the influences on judicial behavior.

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

Introduction
David Klein

Part I: Judges and Human Behavior
Motivation and Judicial Behavior: Expanding the Scope of Inquiry
Lawrence Baum

Multiple Constraint Satisfaction in Judging
Jennifer K. Robbennolt, Robert J. MacCoun, and John M. Darley

Top-Down and Bottom-Up Models of Judicial Reasoning
Brandon L. Bartels

Persuasion in the Decision Making of U.S. Supreme Court Justices
Lawrence S. Wrightsman

Judges as Members of Small Groups
Wendy L. Martinek

The Supreme Court, Social Psychology, and Group Formation
Neal Devins and Will Federspiel

Part II: Judging as Specialized Activity
Is There a Psychology of Judging?
Frederick Schauer

Features of Judicial Reasoning
Emily Sherwin

In Praise of Pedantic Eclecticism: Pitfalls and Opportunities in the Psychology of Judging
Dan Simon

Judges, Expertise, and Analogy
Barbara A. Spellman

Thresholds For Action in Judicial Decisions
Len Dalgleish, James Shanteau and April Park

Every Jury Trial Is a Bench Trial: Judicial Engineering of Jury Disputes
C. K. Rowland, Tina Traficanti, and Erin Vernon

Searching for Constraint in Legal Decision Making
Eileen Braman

Part III: Evaluating and Improving Judging
Evaluating Judges
Gregory Mitchell

Defining Good Judging
Andrew J. Wistrich

Expertise of Court Judges
James Shanteau and Len Dalgleish

Cognitive Style and Judging
Gregory Mitchell and Philip E. Tetlock

Building a Better Judiciary
Daniel Farber and Suzanna Sherry

References

Erscheint lt. Verlag	11.2.2010
Reihe/Serie	American Psychology-Law Society Series
Verlagsort	New York
Sprache	englisch
Maße	162 x 243 mm
Gewicht	633 g
Themenwelt	Geisteswissenschaften ► Psychologie ► Klinische Psychologie
ISBN-10	0-19-536758-8 / 0195367588
ISBN-13	978-0-19-536758-4 / 9780195367584
Zustand	Neuware