Open Access. Powered by Scholars. Published by Universities.®

Judges Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 42

Full-Text Articles in Judges

Can Judges Make Reliable Numeric Judgments? Distorted Damages And Skewed Sentences, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie Apr 2015

Can Judges Make Reliable Numeric Judgments? Distorted Damages And Skewed Sentences, Jeffrey J. Rachlinski, Andrew J. Wistrich, Chris Guthrie

Indiana Law Journal

In a series of studies involving over six hundred trial judges in three countries, we demonstrate that trial judges’ civil damage awards and criminal sentences are subject to influences that make them erratic. We found that the presence of misleading numeric reference points (or “anchors”) affected judges’ decisions in a series of hypothetical cases. Specifically, judges imposed shorter sentences when assigning sentences in months rather than in years; awarded higher amounts of compensatory damages when informed of a cap on damage awards; imposed different sentences depending upon the sequence in which criminal cases were presented to them; and were influenced ...


Inter-Judge Sentencing Disparity After Booker: A First Look, Ryan W. Scott Jan 2010

Inter-Judge Sentencing Disparity After Booker: A First Look, Ryan W. Scott

Articles by Maurer Faculty

A central purpose of the Sentencing Reform Act was to reduce inter-judge sentencing disparity, driven not by legitimate differences between offenders and offense conduct, but by the philosophy, politics, or biases of the sentencing judge. The federal Sentencing Guidelines, despite their well-recognized deficiencies, succeeded in reducing that form of unwarranted disparity. But in a series of decisions from 2005 to 2007, the Supreme Court rendered the Guidelines advisory (Booker), set a highly deferential standard for appellate review (Gall), and explicitly authorized judges to reject the policy judgments of the Sentencing Commission (Kimbrough). Since then, the Commission has received extensive anecdotal ...


The Effects Of Booker On Inter-Judge Sentencing Disparity, Ryan W. Scott Jan 2009

The Effects Of Booker On Inter-Judge Sentencing Disparity, Ryan W. Scott

Articles by Maurer Faculty

No abstract provided.


Capital Defense Representation, Norman Lefstein Jan 2007

Capital Defense Representation, Norman Lefstein

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Moral Accuracy And "Wobble" In Capital Sentencing, Scott E. Sundby Jan 2005

Moral Accuracy And "Wobble" In Capital Sentencing, Scott E. Sundby

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


The Problem Of Death Qualification, Nancy J. King Jan 2005

The Problem Of Death Qualification, Nancy J. King

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Open Discussion: Role Of Scientific Evidence Jan 2005

Open Discussion: Role Of Scientific Evidence

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann Jan 2005

Substantive Appellate Review In Capital Cases, Joseph L. Hoffmann

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Unintended Consequences Of The Scientific Evidence Requirement, Jeffrey J. Pokorak Jan 2005

Unintended Consequences Of The Scientific Evidence Requirement, Jeffrey J. Pokorak

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak Jan 2005

Death Qualification And True Bifurcation: Building On The Massachusetts Governor's Council's Work, Sam Kamin, Jeffrey J. Pokorak

Indiana Law Journal

No abstract provided.


Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring Jan 2005

Symbol And Substance In The Massachusetts Commission Report, Franklin E. Zimring

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin Jan 2005

Changing The Role Of Appellate Judges In Capital Cases, Sam Kamin

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Concluding Remarks, Joseph L. Hoffmann Jan 2005

Concluding Remarks, Joseph L. Hoffmann

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Strategy And Remorse In Capital Trials, Andrew D. Leipold Jan 2005

Strategy And Remorse In Capital Trials, Andrew D. Leipold

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


A Scientist's Perspective On Forensic Science, Carl M. Selavka Jan 2005

A Scientist's Perspective On Forensic Science, Carl M. Selavka

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


The History Of Capital Appeals In Massachusetts, William J. Meade Jan 2005

The History Of Capital Appeals In Massachusetts, William J. Meade

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, H. Geoffrey Moulton Jr. Jan 2005

Consistency, Proportionality, And Substantive Judicial Review In Capital Sentencing, H. Geoffrey Moulton Jr.

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants) Jan 2005

Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report (Introduction And Participants)

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Report Of The Governor's Council On Capital Punishment, Joseph L. Hoffmann, Fredrick R. Bieber, Robert Barton, Ralph Boyd Jr., Timothy J. Cruz, Donald R. Hayes Jr., Dr. Henry Lee, Henry Moniz, Kathleen O'Toole, Carl M. Selavka, Michael J. Sullivan Jan 2005

Report Of The Governor's Council On Capital Punishment, Joseph L. Hoffmann, Fredrick R. Bieber, Robert Barton, Ralph Boyd Jr., Timothy J. Cruz, Donald R. Hayes Jr., Dr. Henry Lee, Henry Moniz, Kathleen O'Toole, Carl M. Selavka, Michael J. Sullivan

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Welcoming Remarks, Joseph L. Hoffmann, William J. Mead Jan 2005

Welcoming Remarks, Joseph L. Hoffmann, William J. Mead

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report


Fairness In The Application Of The Death Penalty, Edwin Colfax Jan 2005

Fairness In The Application Of The Death Penalty, Edwin Colfax

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Narrowing The Class Of Death-Eligible Crimes, Paula Sites Jan 2005

Narrowing The Class Of Death-Eligible Crimes, Paula Sites

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


The Process Of The Governor's Council, Michael J. Sullivan Jan 2005

The Process Of The Governor's Council, Michael J. Sullivan

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


The Psychology Of Capital Punishment, Shelia M. Murphy Jan 2005

The Psychology Of Capital Punishment, Shelia M. Murphy

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Open Discussion: Capital Crime Jan 2005

Open Discussion: Capital Crime

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


False Positives And False Negatives In Capital Cases, Erik Lillquist Jan 2005

False Positives And False Negatives In Capital Cases, Erik Lillquist

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Negative Effects Of Capital Jury Selection, Andrea D. Lyon Jan 2005

Negative Effects Of Capital Jury Selection, Andrea D. Lyon

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


A Psychologist's Perspective On Capital Juries, Steven J. Sherman Jan 2005

A Psychologist's Perspective On Capital Juries, Steven J. Sherman

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Open Discussion: Capital Jury Jan 2005

Open Discussion: Capital Jury

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.


Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber Jan 2005

Ethics, Science, And The Law Of Capital Punishment, Fredrick R. Bieber

Indiana Law Journal

Symposium: Toward A Model Death Penalty Code: The Massachusetts Governor's Council Report.