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The Psychology of Judicial Decision Making$
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David E. Klein and Gregory Mitchell

Print publication date: 2010

Print ISBN-13: 9780195367584

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780195367584.001.0001

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Defining Good Judging

Defining Good Judging

Chapter:
(p.249) 15 Defining Good Judging
Source:
The Psychology of Judicial Decision Making
Author(s):

Andrew J. Wistrich

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195367584.003.0015

Some have suggested that we must define good judging before we begin studying, evaluating, and reforming judicial decision making. This chapter argues that this view is understandable but questions whether it is possible, or necessary, or even helpful, to start with this task. When we are thinking about what research should be done concerning judges and judicial decision making during the next decade, and what improvements to our justice system might result from that research, what seems like the most logical place to start may delay our departure and lead us in the wrong direction. We need the dedication and courage to pursue openly a painstaking interdisciplinary inquiry into the question of how best to structure the process of judicial decision making and then implement reforms based on what we learn. And we need to get started right away.

Keywords:   judicial behavior, judicial performance, judicial evaluation, competence, cognitive bias, judicial reform

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