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Blinking on the Bench: How Judges Decide Cases

dc.contributor.authorGuthrie, Chris
dc.contributor.authorRachlinski, Jeffrey John
dc.contributor.authorWistrich, Andrew J.
dc.identifier.citation93 Cornell L. Rev. 1 (2007-2008)en_US
dc.description.abstractHow do judges judge? Do they apply law to facts in a mechanical and deliberative way, as the formalists suggest they do, or do they rely on hunches and gut feelings, as the realists maintain? Debate has raged for decades, but researchers have offered little hard evidence in support of either model. Relying on empirical studies of judicial reasoning and decision making, we propose an entirely new model of judging that provides a more accurate explanation of judicial behavior. Our model accounts for the tendency of the human brain to make automatic, snap judgments, which are surprisingly accurate, but which can also lead to erroneous decisions. Equipped with a better understanding of judging, we then propose several reforms that should lead to more just and accurate outcomes.en_US
dc.format.extent1 document (45 pages)en_US
dc.publisherCornell Law Reviewen_US
dc.subject.lcshDecision makingen_US
dc.subject.lcshJudicial process -- Psychological aspectsen_US
dc.subject.lcshJudicial processen_US
dc.titleBlinking on the Bench: How Judges Decide Casesen_US

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