Judicial rulings fluctuate significantly based on the time of day and meal breaks
In short: Researchers who observed the parole decisions of experienced judges found that legal rulings were not always consistent. By tracking the judges' daily food breaks, the team discovered that the likelihood of a favorable ruling would drop toward zero as a session progressed, only to reset abruptly after the judge took a break.
This study explores the tension between legal formalism, which assumes judges apply laws mechanically, and legal realism, which suggests psychological and social factors influence outcomes. By analyzing sequential parole decisions, the researchers identified a pattern where rulings shifted based on extraneous variables like hunger or fatigue.
The study segmented the judges' deliberations into three sessions based on their two daily food breaks. While the findings provide evidence of these fluctuations, the study is limited by its specific focus on parole decisions and the small number of variables examined.
Why it matters: Even experienced judges may be influenced by minor environmental factors like hunger or fatigue during long periods of deliberation.
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Sources
- Summary by Intellect · source: Research: Danziger et al. (2011). Extraneous factors in judicial decisions. Proceedings of the National Academy of Sciences.
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