When people break up. Extraneous factors in judicial decisions.



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When people break up

Legal formalism holds that judges apply legal reasons to the facts of a case in a rational, mechanical, and deliberative manner 1 , 2. Realists argue that the rational application of legal reasons does not sufficiently explain judicial decisions and that psychological, political, and social factors influence rulings as well 4. For instance, sequential choices between consumer goods can lead to an increase in intuitive decisionmaking 7 as well as a reduced tolerance for pain in a subsequent task 8. Sequential choices and the apparent mental depletion that they evoke also increase people's tendency to simplify decisions by accepting the status quo. German car buyers, for instance, were more likely to accept the default attribute level offered by a manufacturer later in a sequence of attribute decisions than earlier, particularly when these choices followed decisions between many alternatives that had required more mental resources to evaluate 9. These studies hint that making repeated rulings can increase the likelihood of judges to simplify their decisions. We speculate that as judges advance through the sequence of cases whose order appears to be exogenously determined; see below for a detailed discussion , they will be more likely to accept the default, status quo outcome: Materials and Methods Our data consist of 1, judicial rulings, collected over 50 d in a mo period, by eight Jewish-Israeli judges two females who preside over two different parole boards that serve four major prisons in Israel. Our prisoner sample consisted of Jewish-Israeli males The prisons house felons convicted of crimes such as embezzlement, assault, theft, murder, and rape. Each parole board is composed of one judge, as well as a criminologist and a social worker who provide the judge with professional advice. For each day we obtained the entire set of rulings. The majority of the decisions in our sample Our database includes the legal variables that appear in the case file: Ordering was identical for the five experts, and ranged from misdemeanor 1 to felony 7. Our data include the time of day in which the prisoner's request was considered and its ordinal position in the sequence of decisions for that day. Executive function can be restored and mental fatigue overcome, in part, by interventions such as viewing scenes of nature 10 , short rest 11 , experiencing positive mood 12 , and increasing glucose levels in the body ref. The meal is typically served to the judge at the bench and its timing, which is determined by the judge, varies by day. In our sample, the start time of the morning food break ranged between 9: The breaks were taken after an average of 7. Thus, our data enable us to test the effect of the ordinal position of a case on the judge's decision and the effect of the judge having taken a break to eat. Thus, a decision to delay effectively maintains the status quo for the prisoner. Results We find that the likelihood of a favorable ruling is greater at the very beginning of the work day or after a food break than later in the sequence of cases. This pattern is readily evident in Fig. When people break up

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4 Comments

  1. We speculate that as judges advance through the sequence of cases whose order appears to be exogenously determined; see below for a detailed discussion , they will be more likely to accept the default, status quo outcome: You can find much more information about your privacy choices in our privacy policy. Baum said he had no reason to believe Ehrlichman was being dishonest and viewed them as "atonement" from a man long after his tumultuous run in the White House ended.

  2. The breaks were taken after an average of 7. Thus, our data enable us to test the effect of the ordinal position of a case on the judge's decision and the effect of the judge having taken a break to eat.

  3. Materials and Methods Our data consist of 1, judicial rulings, collected over 50 d in a mo period, by eight Jewish-Israeli judges two females who preside over two different parole boards that serve four major prisons in Israel.

  4. I think he felt bad about it. In our sample, the start time of the morning food break ranged between 9:

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