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PreprintCited by 127Decision-Making and Behavioral EconomicsLegal processes and jurisprudenceJudicial and Constitutional Studies

Inside the Judicial Mind

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Guthrie, Chris, Rachlinski, Jeffrey John, Wistrich, Andrew J.·2001·SSRN Electronic Journal
DOI 10.2139/ssrn.257634
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Abstract

The quality of the judicial system depends upon the quality of decisions that judges make. Even the most talented and dedicated judges surely make occasional mistakes, but the public understandably expects judges to avoid systematic errors. This expectation, however, might be unrealistic. Psychologists who study human judgment and choice have learned that people frequently fall prey to cognitive illusions that produce systematic errors in judgment. Even though judges are experienced, well-trained, and highly motivated decision makers, they might be vulnerable to cognitive illusions. We report the results of an empirical study designed to determine whether five common cognitive illusions (anchoring, framing, hindsight bias, inverse fallacy, and egocentric biases) would influence the decision-making processes of a sample of 167 federal magistrate judges. Although the judges in our study appeared somewhat less susceptible to two of these illusions (framing effects and the inverse fallacy) than lay decision makers, we found that each of the five illusions we tested had a significant impact on judicial decision making. Judges, it seems, are human. Like the rest of us, their judgment is affected by cognitive illusions that can produce systematic errors in judgment.

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  • Since the justice and legal systems deal with social issues, personal values, ideologies, and motivations will create biases and impact objectivity.

    “Since the justice and legal systems deal with and relate to social issues, personal values, ideologies, and motivations—maybe even why some people go into this profession in the first place– will all create biases and impact objectivity (Guthrie et al., 2001; Vidmar, 2011; Winburn & Clemmons, 2021).”

    From Biased and biasing: the hidden bias cascade and bias snowball effects (2025) · cites this paper as Guthrie et al., 2001

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Authors
Guthrie, C., Rachlinski, J. J., & Wistrich, A. J.
Affiliations
  • Vanderbilt University (US)
  • Cornell University (US)
Corresponding author
Rachlinski, Jeffrey John
Venue
SSRN Electronic Journal
Publisher
Elsevier BV
Published
2001
ISSN
1556-5068 (ISSN-L)
DOI
10.2139/ssrn.257634
OpenAlex
W2219983037
Cited by
123
References
7
Citations by year
2026: 7 · 2025: 8 · 2024: 5 · 2023: 6 · 2022: 4 · 2021: 4 · 2020: 7 · 2019: 9 · 2018: 4 · 2017: 6 · 2016: 6 · 2015: 5 · 2014: 10 · 2013: 5 · 2012: 5
Type
posted content
Language
en
Open access
Locations
SSRN Electronic Journal (acceptedVersion)
Topics
  • Social Sciences › Decision Sciences › General Decision Sciences › Decision-Making and Behavioral Economics
  • Social Sciences › Law › Legal processes and jurisprudence
  • Social Sciences › Law › Judicial and Constitutional Studies
Keywords
cognitive illusions, judicial decision-making, anchoring effect, framing effects, hindsight bias, egocentric bias

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