Can Judges Ignore Inadmissible Information? The Difficulty of Deliberately Disregarding

IF 2.5 2区 社会学 Q1 Social Sciences
Andrew J. Wistrich, C. Guthrie, J. Rachlinski
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引用次数: 139

Abstract

Due process requires courts to make decisions based on the evidence before them without regard to information outside of the record. Skepticism about the ability of jurors to ignore inadmissible information is widespread. Empirical research confirms that this skepticism is well founded. Many courts and commentators, however, assume that judges can accomplish what jurors cannot. This Article reports the results of experiments we have conducted to determine whether judges can ignore inadmissible information. We found that the judges who participated in our experiments struggled to perform this challenging mental task. The judges had difficulty disregarding demands disclosed during a settlement conference, conversation protected by the attorney-client privilege, prior sexual history of an alleged rape victim, prior criminal convictions of a plaintiff, and information the government had promised not to rely upon at sentencing. This information influenced judges' decisions even when they were reminded, or themselves had ruled, that the information was inadmissible. In contrast, the judges were able to ignore inadmissible information obtained in violation of a criminal defendant's right to counsel and the outcome of a search when determining whether probable cause existed. We conclude that judges are generally unable to avoid being influenced by relevant but inadmissible information of which they are aware. Nevertheless, judges displayed a surprising ability to do so in some situations.
法官能忽视不被接受的信息吗?故意忽视的困难
正当程序要求法院根据他们面前的证据作出决定,而不考虑记录之外的信息。人们普遍怀疑陪审员是否有能力忽略不可接受的信息。实证研究证实,这种怀疑是有充分根据的。然而,许多法院和评论家认为法官能完成陪审员不能完成的事情。本文报告了我们进行的实验结果,以确定法官是否可以忽略不可接受的信息。我们发现,参与实验的法官很难完成这项具有挑战性的脑力任务。法官们很难无视在和解会议上披露的要求、受律师-当事人特权保护的谈话、据称强奸受害者之前的性行为史、原告之前的刑事定罪,以及政府承诺在量刑时不会依赖的信息。这些信息影响了法官的决定,即使他们被提醒,或者他们自己已经裁定,这些信息是不可接受的。相比之下,在确定是否存在可能的原因时,法官能够忽略因侵犯刑事被告获得律师的权利而获得的不可采信的资料和搜查的结果。我们的结论是,法官通常无法避免受到他们所知道的相关但不可接受的信息的影响。然而,在某些情况下,法官表现出了令人惊讶的能力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
CiteScore
2.90
自引率
0.00%
发文量
1
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