The Impact Of Court Procedure On The Psychology Of Judicial Decision Making
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The Impact Of Court Procedure On The Psychology Of Judicial Decision Making
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Author : Christoph Engel
language : en
Publisher: Nomos Verlagsgesellschaft
Release Date : 2007
The Impact Of Court Procedure On The Psychology Of Judicial Decision Making written by Christoph Engel and has been published by Nomos Verlagsgesellschaft this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Court proceedings categories.
Court procedures matter. But why do they matter, and how? There is hardly another context in which decision making is so densely embedded in a host of formal and informal institutions. Courts do not themselves have the right of initiative. They must wait until a plaintiff or the attorney general brings a case forward. These same actors also define the issue. The court is not allowed to go beyond the claim, unless both parties voluntarily agree on a broader definition. Most importantly, courts are not free to determine the output. It is their task to apply the law in force to the facts of the case, as presented by the parties. In order to become decision relevant, facts must go through strictly defined procedural routes. If a fact is contested, it may only be taken into account if formally proven. There is an exhaustive list of evidence admissible in court. Informal rules, for instance, determine the structure and the wording of the pleadings, and of the representation of the final decision to the parties and to the legal community. This makes judicial procedure a particularly rewarding topic for the interaction between lawyers and psychologists. The Impact of Court Procedure on the Psychology of Judicial Decision Making, assembled through the lively interaction of a group of academics from the US and Germany, examines this fascinating topic.
The Impact Of Court Procedure On The Psychology Of Judicial Decision Making
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Author :
language : en
Publisher:
Release Date : 2007
The Impact Of Court Procedure On The Psychology Of Judicial Decision Making written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
The Psychology Of Judicial Decision Making
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Author : David E. Klein
language : en
Publisher: Oxford University Press
Release Date : 2010-02-08
The Psychology Of Judicial Decision Making written by David E. Klein and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-08 with Psychology categories.
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.
How Judges Judge
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Author : Brian M. Barry
language : en
Publisher: Taylor & Francis
Release Date : 2020-11-26
How Judges Judge written by Brian M. Barry and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.
A judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
Judicial Decision Making
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Author : Lawrence S. Wrightsman
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-06
Judicial Decision Making written by Lawrence S. Wrightsman and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-06 with Psychology categories.
In the mid-1970s, as a social psychologist dedicated to the application of knowl edge, I welcomed our field's emerging interest in the legal system. I have al ways been fascinated by jury trials-something about the idea that two con ceptions of the truth were in irrevocable conflict and jurors could choose only one of them. More important, the criminal justice system is a major social force that has been ignored by social psychologists for most of the twentieth century. As I systematically began to explore the applications of social psycho logical concepts to the law 20 years ago, I experienced the delight of discovery similar to that of a child under a Christmas tree. It has been satisfying to be among the cohort of researchers who have studied the legal system, especially trial juries, from a psychological perspective. I believe we have learned much that would be useful if the system were to be revised. Hlf the system were to be revised" . . . there's the rub. As I have stated, my original motivation was the application of knowledge. Like other social scien tists, I believed-perhaps arrogantly-that the results of our research efforts could be used to make trial juries operate with more efficiency, accuracy, and satisfaction. Qver the last two decades, much knowledge has accumulated. How can we put this knowledge to work? Judges are the gatekeepers of the legal system.
Judicial Decision Making
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Author : lawrence wrightsman
language : en
Publisher: Springer
Release Date : 2012-02-22
Judicial Decision Making written by lawrence wrightsman and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-22 with Psychology categories.
In the mid-1970s, as a social psychologist dedicated to the application of knowl edge, I welcomed our field's emerging interest in the legal system. I have al ways been fascinated by jury trials-something about the idea that two con ceptions of the truth were in irrevocable conflict and jurors could choose only one of them. More important, the criminal justice system is a major social force that has been ignored by social psychologists for most of the twentieth century. As I systematically began to explore the applications of social psycho logical concepts to the law 20 years ago, I experienced the delight of discovery similar to that of a child under a Christmas tree. It has been satisfying to be among the cohort of researchers who have studied the legal system, especially trial juries, from a psychological perspective. I believe we have learned much that would be useful if the system were to be revised. Hlf the system were to be revised" . . . there's the rub. As I have stated, my original motivation was the application of knowledge. Like other social scien tists, I believed-perhaps arrogantly-that the results of our research efforts could be used to make trial juries operate with more efficiency, accuracy, and satisfaction. Qver the last two decades, much knowledge has accumulated. How can we put this knowledge to work? Judges are the gatekeepers of the legal system.
Psychology In And Out Of Court
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Author : M. King
language : en
Publisher: Elsevier
Release Date : 2016-01-26
Psychology In And Out Of Court written by M. King and has been published by Elsevier this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-26 with Law categories.
This book is a critical study of the work of legal psychologists, particularly in the United States, and the assumptions upon which the work is based. It rejects an experimentalist model of legal psychology and claims that the use of such a model is not scientific and therefore superior to other ways of analysing the legal system. It proposes ultimately an approach based upon the interpretive nature of human social experience and its effects upon behavior.
Inside The Juror
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Author : Reid Hastie
language : en
Publisher: Cambridge University Press
Release Date : 1993
Inside The Juror written by Reid Hastie and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Law categories.
Provides a comprehensive and understandable summary of the major theories of juror decision making.
Values In The Supreme Court
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Author : Rachel J. Cahill-O'Callaghan
language : en
Publisher: Hart Publishing
Release Date : 2020
Values In The Supreme Court written by Rachel J. Cahill-O'Callaghan and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Judicial process categories.
"This book draws on theories and techniques from psychology to understand the role of values in Supreme Court decision making. It centres on a novel method of content analysis of judgments to reveal the values that underpin decision making and discusses the potential implications this may have for developments in the law and the appointment of the judiciary. The book examines those cases which divide judicial opinion, Dworkin's hard cases "in which the result is not clearly dictated by statute or precedent". In hard cases there is real uncertainty about the legal rules that should be applied and factors beyond the traditional legal sources may influence the decision making. It is in these uncertain cases, where legal developments can rest on a single judicial decision, that values are revealed in the judgments"--Provided by publisher.
Jury Psychology Social Aspects Of Trial Processes
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Author : Daniel A. Krauss
language : en
Publisher: Routledge
Release Date : 2016-05-06
Jury Psychology Social Aspects Of Trial Processes written by Daniel A. Krauss and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-06 with Psychology categories.
The first of a two-volume set on the Psychology of the Courtroom, Jury Psychology: Social Aspects of Trial Processes offers a definitive account of the influence of trial procedures on juror decision-making. A wide range of topics are covered including pre-trial publicity and inadmissible evidence, jury selection, jury instruction, and death penalty cases, as well as decision-making in civil trials. In addition, a number of global issues are discussed, including procedural justice issues and theoretical models of juror decision-making. Throughout the volume the authors make recommendations for improving trial procedures where jurors are involved, and they discuss how the problems and potential solutions are relevant to courts around the world.