cognitive bias, heuristics, judicial process, decision making
Human Factors Psychology | Judges | Law
The institutional legitmacy of the judiciary depends on the quality of the judgments that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public expects judges to avoid making systematic errors that favor particular parties or writing opinions that embed these mistakes into the substantive law. Psychological research on human judgment, however, suggests that this expectation might be unrealistic.
Chris Guthrie, Jeffrey J. Rachlinski, and Andrew J. Wistrich,
Judging by Heuristic: Cognitive Illusions in Judicial Decision Making, 86 Judicature. 44
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/713