Legitimacy of the Judicial System and Lay Participation in Judicial Decision-Making Processes in Córdoba, Argentina

2012 ◽  
Author(s):  
Maria Ines Bergoglio
Keyword(s):  
Decision Making ◽  
Judicial System ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Lay Participation ◽  
Decision Making Processes

How Judges Use Weapons of Influence: The Social Psychology of Courts

2013 ◽  
Vol 46 (1) ◽  
pp. 7-24
Author(s):  
Guy Davidov ◽  
Maayan Davidov
Keyword(s):  
Social Psychology ◽  
Decision Making ◽  
Case Law ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
The Public ◽  
The Social ◽  
The Face ◽  
Decision Making Processes ◽  
The Government

Research on compliance has shown that people can be induced to comply with various requests by using techniques that capitalise on the human tendencies to act consistently and to reciprocate. Thus far this line of research has been applied to interactions between individuals, not to relations between institutions. We argue, however, that similar techniques are applied by courts vis-à-vis the government, the legislature and the public at large, when courts try to secure legitimacy and acceptance of their decisions. We discuss a number of known influence techniques – including ‘foot in the door’, ‘low-balling’, ‘giving a reputation to uphold’ and ‘door in the face’ – and provide examples from Israeli case law of the use of such techniques by courts. This analysis offers new insights that can further the understanding of judicial decision-making processes.

Avoiding Adversariness? The Effects of Gender on Litigant Decision-Making

2017 ◽  
Vol 13 (04) ◽  
pp. 656-682
Author(s):  
Claire B. Wofford
Keyword(s):  
Decision Making ◽  
Gender Effect ◽  
Judicial System ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
Gender Influence ◽  
The Law

How does gender influence the American judicial system? Scholars interested in this question have focused on several areas, including the substance of the law (Bender 1993; Olsen 1995; Rifkin 1981), the presence of women on a jury (Fowler 2005; Marder 1987; Taylor-Thompson 2000), and the sex of criminal defendants (Sarnikar, Sorenson, and Oaxaca 2007; Starr 2012). Among political scientists in particular, most work has examined judicial decision-making and whether the rulings of female judges differ from those of their male counterparts. Results of these studies have been mixed: some indicate that female judges vote differently, at least in certain types of cases (Boyd, Epstein, and Martin 2010; Peresie 2005; Songer and Crews-Meyer 2000), but others have found no, or only a minimal, gender effect (Segal 2002; Songer, Davis, and Haire 1994; Walker and Barrow 1985).

scholarly journals Paths to Digital Justice: Judicial Robots, Algorithmic Decision-Making, and Due Process

2020 ◽  
pp. 1-17
Author(s):  
Pedro RUBIM BORGES FORTES
Keyword(s):  
Decision Making ◽  
Due Process ◽  
Judicial Decision ◽  
Judicial Decision Making ◽  
The Public ◽  
Software Algorithms ◽  
Criminal Justice Systems ◽  
Due Process Of Law ◽  
Decision Making Processes ◽  
Human Quality

Abstract The paths to digital justice focus on the challenges of contemporary digital societies in reaching automated decision-making processes through software, algorithms, and information technology without loss of its human quality and the guarantees of due process. In this context, this article reflects on the possibilities of establishing judicial robots in substitution for human judges, by examining whether artificial intelligence and algorithms may support judicial decision-making independently and without human supervision. The point of departure for this analysis comes from the experience of criminal justice systems with software for judgment of the possibility of recidivism of criminal defendants. Algorithmic decision-making may improve the public good in support of judicial decision-making, but the analysis of current technology and our standards for due process of law recommends caution on the conclusion that robots may replace human judges and satisfy our expectations for explainability and fairness in adjudication.

Context Effects in Judicial Decision Making

2009 ◽  
Author(s):  
Jeffrey J. Rachlinski ◽  
Chris Guthrie ◽  
Andrew J. Wistrich
Keyword(s):  
Decision Making ◽  
Context Effects ◽  
Judicial Decision ◽  
Judicial Decision Making

scholarly journals Interpreting change through legal culture: the case of the Irish exclusionary rule

Legal Studies ◽  
2021 ◽  
pp. 1-18
Author(s):  
Claire Hamilton
Keyword(s):  
Decision Making ◽  
Common Law ◽  
Legal Culture ◽  
Macro Level ◽  
Judicial Decision ◽  
Exclusionary Rule ◽  
Judicial Decision Making ◽  
The Common ◽  
Law Of Evidence

Abstract The changes to the Irish exclusionary rule introduced by the judgment in People (DPP) v JC mark an important watershed in the Irish law of evidence and Irish legal culture more generally. The case relaxed the exclusionary rule established in People (DPP) v Kenny, one of the strictest in the common law world, by creating an exception based on ‘inadvertence’. This paper examines the decision through the lens of legal culture, drawing in particular on Lawrence Friedman's distinction between ‘internal’ and ‘external’ legal culture to help understand the factors contributing to the decision. The paper argues that Friedman's concept and, in particular, the dialectic between internal and external legal culture, holds much utility at a micro as well as macro level, in interrogating the cultural logics at work in judicial decision-making.

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