Judging the Judiciary by the Numbers: Empirical Research on Judges
Annu. Rev. Law Soc. Sci. 2017. 13:X--X, doi: 10.1146/annurev-lawsocsci-110615-085032
45 Pages Posted: 16 Jun 2017 Last revised: 6 Jul 2017
Date Written: June 2, 2017
Do judges make decisions that are truly impartial? A wide range of experimental and field studies reveal that several extra-legal factors influence judicial decision making. Demographic characteristics of judges and litigants affect judges’ decisions. Judges also rely heavily on intuitive reasoning in deciding cases, making them vulnerable to the use of mental shortcuts that can lead to mistakes. Furthermore, judges sometimes rely on facts outside the record and rule more favorably towards litigants who are more sympathetic or with whom they share demographic characteristics. On the whole, judges are excellent decision makers, and sometimes resist common errors of judgment that influence ordinary adults. The weight of the evidence, however, suggests that judges are vulnerable to systematic deviations from the ideal of judicial impartiality.
Keywords: Judges, Courts, Judicial Decision Making
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