Journal of Empirical Legal Studies最新文献_第5页

Biases in legal decision-making: Comparing prosecutors, defense attorneys, law students, and laypersons 法律决策中的偏见:比较检察官、辩护律师、法律系学生和外行

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-09-22 DOI: 10.1111/jels.12365

Doron Teichman, Eyal Zamir, Ilana Ritov

{"title":"Biases in legal decision-making: Comparing prosecutors, defense attorneys, law students, and laypersons","authors":"Doron Teichman, Eyal Zamir, Ilana Ritov","doi":"10.1111/jels.12365","DOIUrl":"10.1111/jels.12365","url":null,"abstract":"Previous studies of judgment and decision-making in adjudication have largely focused on juries and judges. This body of work demonstrated that legal training and professional experience sometimes affect attitudes and mitigate the susceptibility to cognitive biases, but often they do not. Relatively few experimental studies examined the decisions of prosecutors and defense lawyers, although they play a major role, especially in legal systems where prosecutors have a broad discretion in charging decisions, courts' discretion regarding sentencing is constrained, and plea bargains abound. This study directly compares laypersons, law students, and legal practitioners—including prosecutors and defense lawyers—in terms of their attitudes about the criminal justice system and their cognitive biases. It was found that the outcome bias and the anti-inference bias influenced all groups similarly, but an irrelevant anchor only impacted the decisions of laypersons and law students, and not those of legal professionals. Prosecutors were significantly more inclined to judge a behavior as negligent and reach factual conclusions supporting a conviction. However, the hypothesis that the susceptibility of prosecutors and defense lawyers to cognitive biases would be affected by their role was not borne out. The article considers possible explanations for the reported findings, and discusses their policy implications.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"20 4","pages":"852-894"},"PeriodicalIF":1.7,"publicationDate":"2023-09-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12365","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136061159","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Judging fast or slow: The effects of reduced caseloads on gender- and ethnic-based disparities in case outcomes 判断快或慢:减少病例量对基于性别和种族的病例结果差异的影响

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-09-15 DOI: 10.1111/jels.12363

Tamar Kricheli-Katz, Keren Weinshall

{"title":"Judging fast or slow: The effects of reduced caseloads on gender- and ethnic-based disparities in case outcomes","authors":"Tamar Kricheli-Katz, Keren Weinshall","doi":"10.1111/jels.12363","DOIUrl":"10.1111/jels.12363","url":null,"abstract":"What is the effect of caseload volume on case outcome disparities based on a litigant's gender or ethnicity? This paper presents three nonexclusive mechanisms to explain possible effects. The first mechanism relates to a litigant's inclination to settle or withdraw claims; the second mechanism concerns the strategic preemption of appeals by judges; and the third mechanism relates to the implicit biases of judges. To document the effect and test the mechanisms, we exploited a natural, near-randomized experiment in the Israeli judicial framework. In 2012, six senior registrars were appointed to two of the country's six magistrate court districts. The choice of districts was not related to judicial performance. In these two districts, the civil caseload per judge was substantially reduced. We find that while this reduced caseload had a significant impact on the judicial process for all litigants, it had a particularly salient and beneficial effect on outcomes for female and Arab plaintiffs. The exogenous reduction in court caseloads was associated with positive effects for female Jewish plaintiffs in terms of the likelihood of winning the claim, recovery amount (from the claim), and cost-shifting outcomes. The change was also associated with positive effects for Arab female plaintiffs in terms of the likelihood of winning the claim and the recovery amount (from the claim). Finally, the reduction in caseloads was associated with a positive effect for Arab male plaintiffs in terms of the fraction of the claim that was recovered. Our findings suggest that when judges are able to invest more time and resources in resolving individual cases, they tend to be less influenced by stereotypes about gender and ethnicity. We discuss the contribution of our findings to the literature on judicial bias and the implications for different policies designed to reduce or manage congested courts.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"20 4","pages":"961-1004"},"PeriodicalIF":1.7,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12363","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135436433","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Does financial development and economic growth promote employment in Nigeria? 金融发展和经济增长是否促进了尼日利亚的就业?

2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-08-31 DOI: 10.18488/66.v10i1.3455

Babatunde Moses Ololade, Olabode Eric Olabisi

{"title":"Does financial development and economic growth promote employment in Nigeria?","authors":"Babatunde Moses Ololade, Olabode Eric Olabisi","doi":"10.18488/66.v10i1.3455","DOIUrl":"https://doi.org/10.18488/66.v10i1.3455","url":null,"abstract":"In most African countries, including Nigeria, employment generation has been a major challenge that poses a serious issue for the economic well-being of the people. Therefore, the aim of this paper is to investigate whether financial development and economic growth promote employment generation in Nigeria, covering 1999–2020. To investigate the relationship among financial development, economic growth, and employment in Nigeria, the Autoregressive Distributed Lags (ARDL) bound-testing estimation method was employed. This approach allows level I(0) and first difference I(1) macroeconomic data to be estimated without bias. It also offers the possibility of computing the dynamic error correction model (ECM). Our findings show a long-run relationship among financial development, employment rate, inflation rate, and economic growth in Nigeria. The result further shows that inflation has a negative and significant relationship with the employment rate. Also, financial development reveals a positive and significant relationship with employment. The result further shows that economic growth promotes employment in Nigeria. Following the results of our analysis, this study recommends, among other things, policy formulations on expansionary monetary policies that will ensure the availability of credits for the private sector. Also, stock market listing requirements for small and medium-sized businesses should be friendly to encourage small and medium-sized enterprises (SMEs) to list for access to finance. Also, policies that will drastically reduce the high rate of inflation should be implemented.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135989446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Quantifying disparate questioning of Black and White jurors in capital jury selection 量化死刑陪审团选择中黑人和白人陪审员的不同问题

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-07-14 DOI: 10.1111/jels.12357

Anna Effenberger, John H. Blume, Martin T. Wells

引用次数: 0

Effect of financial incentives on hospital-cardiologist integration and cardiac test location 经济激励对医院心脏病专家整合和心脏检查地点的影响

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-07-04 DOI: 10.1111/jels.12359

Andy Ye Yuan, Bernard Black, Timea Viragh, David J. Magid, Qian Luo, Ali Moghtaderi

{"title":"Effect of financial incentives on hospital-cardiologist integration and cardiac test location","authors":"Andy Ye Yuan, Bernard Black, Timea Viragh, David J. Magid, Qian Luo, Ali Moghtaderi","doi":"10.1111/jels.12359","DOIUrl":"10.1111/jels.12359","url":null,"abstract":"Starting around 2006, the Centers for Medicare and Medicaid Services (CMS) progressively reduced Medicare Fee-for-Service (M-FFS) payments for the principal noninvasive cardiac tests, when performed in a cardiologist office (Office), yet kept payments flat to increasing for the same tests, performed in the hospital-based outpatient (HBO) setting. This produced a growing gap between HBO and Office payments for the same tests, and thus an incentive for hospitals to acquire cardiology practices in order to move cardiac tests to the HBO location and capture the HBO/Office payment differential. We use difference-in-differences analysis, in which we compare national M-FFS trends in cardiac test location to those for a control group of several large, integrated Medicare Advantage (M-Adv) health systems over 2005–2015, which were not affected by these reimbursement changes, and provide evidence that these reimbursement changes led to a large shift in testing from Office to HBO. This shift was concurrent with a sharp rise in hospital-cardiologist integration. The rise in integration and the proportion of testing in HBO varied greatly across states. Independent practice remains viable in very large states, but is endangered in many states, and is all but extinct in a growing number of states.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"20 3","pages":"570-608"},"PeriodicalIF":1.7,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12359","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43132430","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The usage and utility of body-worn camera footage in courts: A survey analysis of state prosecutors 随身携带的摄像机镜头在法庭上的使用和效用：对国家检察官的调查分析

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-06-26 DOI: 10.1111/jels.12358

Kevin Petersen, Donald Papy, Alejandro Mouro, Barak Ariel

{"title":"The usage and utility of body-worn camera footage in courts: A survey analysis of state prosecutors","authors":"Kevin Petersen, Donald Papy, Alejandro Mouro, Barak Ariel","doi":"10.1111/jels.12358","DOIUrl":"10.1111/jels.12358","url":null,"abstract":"Despite substantial recent developments in body-worn camera (BWC) research, little is known about the effect of BWC footage on downstream criminal justice actors and agencies. Analyzing both quantitative and qualitative survey responses taken from state prosecutors in Miami-Dade County (FL) in 2019, this study provides one of the most detailed examinations of prosecutors' experiences with BWC footage to date. Using descriptive analyses, ordinary least squares regressions, and structural equation modeling, we examine how the operational challenges associated with BWC footage affect the degree to which prosecutors use the footage and perceive it to be useful. Our results suggest that poor footage quality and delayed video transfer may limit the utility of BWC footage—and in turn—that lower perceptions of utility may reduce the formal usage of BWC footage in court. These findings differ across case-processing stages, however, with transfer delay affecting the utility of BWC video for charging decisions and footage quality affecting the utility of BWC video across multiple case processing stages. Implications and policy recommendations based on these results are discussed.","PeriodicalId":47187,"journal":{"name":"Journal of Empirical Legal Studies","volume":"20 3","pages":"534-569"},"PeriodicalIF":1.7,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/jels.12358","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47908563","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Plugging the pipe? Evaluating the (null) effects of leaks on Supreme Court legitimacy 堵塞管道？评估泄密对最高法院合法性的（无效）影响

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-06-22 DOI: 10.1111/jels.12362

Nathan T. Carrington, Logan Strother

引用次数: 0

The effect of judges' gender on decisions regarding intimate-partner violence 法官性别对亲密伴侣暴力案件判决的影响

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-06-21 DOI: 10.1111/jels.12361

Joan Josep Vallbé, Carmen Ramírez-Folch

引用次数: 0

Settlement schemas: How laypeople understand civil settlement 和解方案：普通人如何理解民事和解

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-06-20 DOI: 10.1111/jels.12360

Jennifer K. Robbennolt, Jessica Bregant, Verity Winship

引用次数: 0

Racial diversity and group decision-making in a mock jury experiment 模拟陪审团实验中的种族多样性和群体决策

IF 1.7 2区社会学

Journal of Empirical Legal Studies Pub Date : 2023-05-11 DOI: 10.1111/jels.12352

引用次数: 0