Should defense lawyers and prosecutors be appointed as judges?

2020 ◽  
Vol 19 (2) ◽  
pp. 165-180
Author(s):  
Ruth Ben-Yashar ◽  
Miriam Krausz

Abstract This article analyses cases where independence between judges’ skills and states of nature affects decision efficiency in terms of the probability of making a correct collective decision, relative to the case where such independence does not exist. This article explains when it is advantageous to include either former defense lawyers who have expertise in obtaining an acquittal of defendants or former prosecutors who have expertise in obtaining a conviction, in a panel of judges.

2014 ◽  
Vol 5 (1) ◽  
Author(s):  
Andrew Pickering

"Instead of considering »being with« in terms of non-problematic, machine-like places, where reliable entities assemble in stable relationships, STS conjures up a world where the achievement of chancy stabilisations and synchronisations is local.We have to analyse how and where a certain regularity and predictability in the intersection of scientists and their instruments, say, or of human individuals and groups, is produced.The paper reviews models of emergence drawn from the history of cybernetics—the canonical »black box,« homeostats, and cellular automata—to enrich our imagination of the stabilisation process, and discusses the concept of »variety« as a way of clarifying its difficulty, with the antiuniversities of the 1960s and the Occupy movement as examples. Failures of »being with« are expectable. In conclusion, the paper reviews approaches to collective decision-making that reduce variety without imposing a neoliberal hierarchy. "


Author(s):  
Claire Taylor

The chapter examines a major corruption scandal that involved the Athenian orator Demosthenes and an official of Alexander the Great. This episode reveals how tensions between individual and collective decision-making practices shaped Athenian understandings of corruption and anticorruption. The various and multiple anticorruption measures of Athens sought to bring ‘hidden’ knowledge into the open and thereby remove information from the realm of individual judgment, placing it instead into the realm of collective judgment. The Athenian experience therefore suggests that participatory democracy, and a civic culture that fosters political equality rather than reliance on individual expertise, provides a key bulwark against corruption.


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