Altering Attention in Adjudication
Jeffrey J. Rachlinski
Cornell Law School
Andrew J. Wistrich
California Central District Court
Vanderbilt University - Law School
September 27, 2013
UCLA Law Review, Vol. 60, No. 1586, 2013
Vanderbilt Law and Economics Research Paper No. 13-32
Vanderbilt Public Law Research Paper No. 13-45
Judges decide complex cases in rapid succession but are limited by cognitive constraints. Consequently judges cannot allocate equal attention to every aspect of a case. Case outcomes might thus depend on which aspects of a case are particularly salient to the judge. Put simply, a judge focusing on one aspect of a case might reach a different outcome than a judge focusing on another. In this Article, we report the results of a series of studies exploring various ways in which directing judicial attention can shape judicial outcomes. In the first study, we show that judges impose shorter sentences when information concerning the cost of incarceration is made available to them. In the second study, we demonstrate that judges assess the credibility of an expert witnesses more favorably when lawyers present an additional expert with similar, albeit notably weaker, credentials. In the third, we show that the format in which prosecutors present forensic testimony can alter judges’ assessments of that testimony’s probative value. Finally, we demonstrate that judges’ willingness to ignore inadmissible evidence in a criminal case is affected by both the gravity of the crime and the severity of police misconduct. In each of these studies, varying the context in which judges review evidence or altering the form in which that evidence is presented shifts judges’ attention and alters their decisions.
Number of Pages in PDF File: 34
Date posted: September 29, 2013 ; Last revised: October 29, 2013
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