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Altering Attention in Adjudication

34 Pages Posted: 29 Sep 2013 Last revised: 29 Oct 2013

Jeffrey J. Rachlinski

Cornell Law School

Andrew J. Wistrich

California Central District Court

Chris Guthrie

Vanderbilt University - Law School

Date Written: September 27, 2013

Abstract

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.

Suggested Citation

Rachlinski , Jeffrey J. and Wistrich, Andrew J. and Guthrie, Chris, Altering Attention in Adjudication (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. Available at SSRN: https://ssrn.com/abstract=2332348

Jeffrey John Rachlinski (Contact Author)

Cornell Law School ( email )

Myron Taylor Hall
Cornell University
Ithaca, NY 14853-4901
United States
607-255-5878 (Phone)
607-255-7193 (Fax)

Andrew J. Wistrich

California Central District Court ( email )

Los Angeles, CA 90012
United States

Chris Guthrie

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States
615-322-6823 (Phone)
615-322-6631 (Fax)

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