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Full-Text Articles in Judges
Decision Making And The Law: Truth Barriers, Jonathan J. Koehler, John B. Meixner Jr.
Decision Making And The Law: Truth Barriers, Jonathan J. Koehler, John B. Meixner Jr.
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Reaching an accurate outcome is a central goal of the American trial. But structural features of the legal system, in combination with the cognitive shortcomings of legal actors, hinder the search for truth. Regarding the legal system, various rules and policies restrict decision makers’ access to evidence, violate the laws of probability, and limit the evidentiary concerns that may be considered on appeal. Regarding legal actors, informational deficits (particularly regarding scientific and statistical evidence) and cognitive biases of police investigators, witnesses (lay and expert), attorneys, judges, and jurors pose serious obstacles. We conclude by suggesting that research in judgment and …
Judicial Recusation In The Fedearl Republic Of Germany, Sigmund A. Cohn
Judicial Recusation In The Fedearl Republic Of Germany, Sigmund A. Cohn
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The much debated problem of the qualification of judges has two aspects: First, the general qualification of an individual to be a judge and, second, his qualification to be a judge in a specific case. The second aspect, the qualification to be a judge in a specific case, has recently become the object of special attention. The problem has been stated with cogence and breadth by Mr. Justice Frankfurter. The breath of this state lies in the demand that the administration of justice should not only be disinterested in fact but should also reasonably appear to be so. The objective …