Download - Extraneous factors in judicial decisions
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Extraneous factors in judicial decisionsHow tiredness and hunger affect judicial decisions (more than the legal evidence being reviewed)
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The authors of this study analysed the decisions of experienced judges in parole reviews
They looked at what factors affected the likelihood of a judge returning a favourable review
Judges listened to parole hearings in three sessions broken up by two food breaks
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My client has an excellent record of good behaviour
He’s making a good
case
09:00
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My client has an excellent record of good behaviour
Perhaps I should give him
the benefit of doubt
09:55
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My client has an excellent record of good behaviour
Is it time for a break yet?
10:50
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Phew… I needed this!
11:00
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My client has an excellent record of good behaviour
11:20 Good arguments
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My client has an excellent record of good behaviour
12:15 Sometimes it’s so close to
call
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My client has an excellent record of good behaviour
12:55 I’ve heard this all
before
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I didn’t realise how
hungry I was!
13:00
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My client has an excellent record of good behaviour
14:00 It seems like he’s
been making a real effort to reform
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The chance of a prisoner being given parole would be around 65% at the start of the day, dropping to 0% just before the morning break
% c
hanc
e of
par
ole
0
20
40
60
80
Break Lunch
This would recover to 65% following the break before gradually dropping again until lunch
Lunch again had an immediate post break effect on the chance of parole before it would rapidly decline to 0% by the end of the day
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Conclusions
1. The study showed that tiredness and hunger affected decision making more than any other factor. The only other factors that had even a small effect on the judges' decisions were the number of previous incarcerations and the availability of rehabilitation programs
2. As the judges’ willpower depleted, the default option of refusing parole became easier as it required no change
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Reference
Extraneous factors in judicial decisions Proceedings of the National Academy of Sciences of the USA, April 26, 2011 vol. 108 no. 17 Shai Danziger, Jonathan Levav and Liora Avnaim-Pesso