Judging the Judiciary by the Numbers: Empirical Research on Judges

Rachlinski, Jeffrey J.; Wistrich, Andrew J.

doi:10.31228/osf.io/cr3vz

Cited by 7 publications

(5 citation statements)

References 48 publications

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“…Our results suggest that being a member of a professional group does not reduce the influence of potential heuristic cues, like complainant emotional demeanor, on credibility judgments of rape complainants. This is consistent with research which suggests that professional expertise or training does not prevent criminal justice professionals from being influenced by motivated cognition or heuristic cues in their judgments (e.g., Ask, Grahag, & Rebelius, 2011;Miller, 2018;Rachlinski & Wistrich, 2017).…”

Section: Tests Of Moderatorssupporting

confidence: 87%

A meta-analysis of the emotional victim effect for female adult rape complainants: Does complainant distress influence credibility?

Nitschke¹,

McKimmie²,

Vanman³

2019

Preprint

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Rape cases have a disproportionately high attrition rate and low conviction rate compared to other criminal offenses. Evaluations of a rape complainant's credibility often determine whether a case progresses through the criminal justice system. Even though emotional demeanor is not related to witness honesty or accuracy, distressed rape complainants are perceived to be more credible than complainants who present with controlled affect. To understand the extent and robustness of the influence of emotional demeanor on credibility judgments of female adult rape complainants, we conducted a systematic review, metaanalysis and p-curve analysis of the experimental simulated decision-making literature on the influence of complainant emotional demeanor on complainant credibility. The meta-analysis included 20 studies with participants who were criminal justice professionals (e.g., police officers and judges), community members, and mock jurors (N = 3128). Results suggest that distressed demeanor significantly increased perceptions of complainant credibility, with a small to moderate effect size estimate. Importantly, the results of p-curve analysis suggest that reporting bias is not a likely explanation for the effect of emotional demeanor on rape complainant credibility. Sample type (whether perceivers were criminal justice professionals or prospective jurors) and stimulus modality (whether perceivers read about or watched the complainant recount the alleged rape) were not found to moderate the effect size estimate.These results suggest that effective methods of reducing reliance on emotional demeanor to make credibility judgments about rape complainants should be investigated to make credibility assessments fairer and more accurate.Public significance statement: This meta-analysis indicates that rape complainants with distressed emotional demeanor are perceived as more credible than their emotionally controlled counterparts. As emotional demeanor is not a reliable indicator of honesty, and

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Section: Tests Of Moderatorssupporting

confidence: 87%

A meta-analysis of the emotional victim effect for female adult rape complainants: Does complainant distress influence credibility?

Nitschke¹,

McKimmie²,

Vanman³

2019

Preprint

View full text Add to dashboard Cite

show abstract

“…Judicial behavior in sentencing still remains a mystery and has little ties to theory (Rachlinski and Wistrich 2017). Yet research suggests that certain offender characteristics impact sentencing decisions through how judges evaluate blameworthiness, community protection, and bureaucratic constraints, particularly relying on the first two criteria (Hartley et al 2007).…”

Section: Judicial Stereotyping Of Essential Characteristicsmentioning

confidence: 99%

Judicial Stereotyping Associated with Genetic Essentialist Biases toward Mental Disorders and Potential Negative Effects on Sentencing

Berryessa¹

2019

Law Soc Rev

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This research, utilizing qualitative methodology with grounded theory, develops a model that illuminates a process by which judicial stereotyping associated with genetic essentialist biases toward mental disorders may affect judges' views regarding the sentencing and punishment of offenders with mental disorder diagnoses presented or understood to be genetically influenced. Data, collected through interviews with a sample of 59 Pennsylvania State Court judges, suggest that judges exhibit stereotyping behavior by linking the relationships between three particular genetic essentialist biases (immutability, informativeness, uniformity) and three types of stigmatization (pessimism, dangerousness, family stigma) associated with each bias. When judges exhibited this stereotyping behavior without the effects of intervening conditions, they then expressed how knowledge of the genetic influences of an offender's mental disorder would negatively influence views on punishment, specifically related to more restrictive sentences and support for deterrence and incapacitation. Three intervening conditions associated with judges' personal characteristics (personal experiences involving genetics, strength of determinism vs. free will beliefs, having no personal experiences with mental disorders) influenced whether judges' sentencing views were negatively influenced by such knowledge on genetics. Implications related to therapeutic jurisprudence are discussed.

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“…Psychological studies have shown that, like that of all human beings, judges' decision making depends on an intuitive mental system that resorts to cognitive shortcuts and biases. 31 Such cognitive biases are also evident among prosecutors. 32 In line with Rachlinski and Wistrich, we contend that, while epistemic emotions are conducive to and necessary for efficient legal professional work, it is also essential to provide time and space for collective reflection and deliberation on the information gained through emotion, 33 including professional deliberation and feedback routines.…”

Section: To Know Feelingly: Theoretical Insights About Epistemic Emot...mentioning

confidence: 99%

Epistemic emotions in prosecutorial decision making

Törnqvist

Wettergren

2023

Journal of Law and Society

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The article examines epistemic emotions as part of the emotive-cognitive processes of prosecutors' knowledge seeking and decision making in preliminary investigation and court proceedings. Drawing on ethnographic fieldwork, interviews, and shadowing of prosecutors in Sweden, we show how emotions motivate and orient prosecutors' inquiries and the fundamental role of the 'certainty-doubt spiral' for 'doing objectivity'. In conclusion, we discuss the centrality of emotions for conscientious and well-considered decisions in legal work. The study contributes to the field of law and emotion by exploring the epistemic quality of emotions, notably the certainty-doubt spiral, in legal work.

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Judging the Judiciary by the Numbers: Empirical Research on Judges

Cited by 7 publications

References 48 publications

A meta-analysis of the emotional victim effect for female adult rape complainants: Does complainant distress influence credibility?

A meta-analysis of the emotional victim effect for female adult rape complainants: Does complainant distress influence credibility?

Judicial Stereotyping Associated with Genetic Essentialist Biases toward Mental Disorders and Potential Negative Effects on Sentencing

Epistemic emotions in prosecutorial decision making

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