The Decline of Trials in a Legalizing Society

Outcomes determined by trials have been a steadily declining portion of case dispositions in American courts for more than half a century; and for the past quarter century, trials in those courts have been declining in absolute numbers. Although there are differences in detail, the trend line is clear—the trial is declining as the thing—indeed the central, defining, characteristic thing that our courts do. The departure of trials is mourned by some judges, practitioners, and academics but is celebrated by others. The rarity of trials remains hidden from many by their robust media presence. This Article juxtaposes the decline of trials to changes in the role and shape of law in American society and to the continuing increase of laws, regulations, lawyers, and litigation

Afterword

Galanter expresses his appreciation to the wide-ranging collection of articles that flatteringly claim to be inspired or influenced by his work. He determines that apart from a few side trips to the UK and to Israel, all of his works have been clustered in two regions widely separated in both space and culture: predominantly India at first, then predominantly the US, and a mix of both

Decision paths in complex tasks

Complex real world action and its prediction and control has escaped analysis by the classical methods of psychological research. The reason is that psychologists have no procedures to parse complex tasks into their constituents. Where such a division can be made, based say on expert judgment, there is no natural scale to measure the positive or negative values of the components. Even if we could assign numbers to task parts, we lack rules i.e., a theory, to combine them into a total task representation. We compare here two plausible theories for the amalgamation of the value of task components. Both of these theories require a numerical representation of motivation, for motivation is the primary variable that guides choice and action in well-learned tasks. We address this problem of motivational quantification and performance prediction by developing psychophysical scales of the desireability or aversiveness of task components based on utility scaling methods (Galanter 1990). We modify methods used originally to scale sensory magnitudes (Stevens and Galanter 1957), and that have been applied recently to the measure of task 'workload' by Gopher and Braune (1984). Our modification uses utility comparison scaling techniques which avoid the unnecessary assumptions made by Gopher and Braune. Formula for the utility of complex tasks based on the theoretical models are used to predict decision and choice of alternate paths to the same goal

Development and evaluation of a general aviation real world noise simulator

An acoustic playback system is described which realistically simulates the sounds experienced by the pilot of a general aviation aircraft during engine idle, take-off, climb, cruise, descent, and landing. The physical parameters of the signal as they appear in the simulator environment are compared to analogous parameters derived from signals recorded during actual flight operations. The acoustic parameters of the simulated and real signals during cruise conditions are within plus or minus two dB in third octave bands from 0.04 to 4 kHz. The overall A-weighted levels of the signals are within one dB of signals generated in the actual aircraft during equivalent maneuvers. Psychoacoustic evaluations of the simulator signal are compared with similar measurements based on transcriptions of actual aircraft signals. The subjective judgments made by human observers support the conclusion that the simulated sound closely approximates transcribed sounds of real aircraft

Behavioral indicators of pilot workload

Using a technique that requires a subject to consult an imagined or remembered spatial array while performing a visual task, a reliable reduction in the number of directed eye movements that are available for the acquisition of visual information is shown

Multiple paths in complex tasks

The relationship between utility judgments of subtask paths and the utility of the task as a whole was examined. The convergent validation procedure is based on the assumption that measurements of the same quantity done with different methods should covary. The utility measures of the subtasks were obtained during the performance of an aircraft flight controller navigation task. Analyses helped decide among various models of subtask utility combination, whether the utility ratings of subtask paths predict the whole tasks utility rating, and indirectly, whether judgmental models need to include the equivalent of cognitive noise

World without Trials, A

Imagine some friendly visitors to America-from Europe or Asia or even from Mars-who are seeking to comprehend the American legal system. Our Martian visitors would have seen A Civil Action and The Runaway Jury at the Red Canal multiplex and surely they have seen syndicated episodes of the ubiquitous Law and Order. Upon arrival they turn on the TV news in their hotel room and scan the newspaper slipped under the door and find both saturated with accounts of square-jawed wife murderers, egomaniacal corporate executives, and freakish entertainers on trial. Unsurprisingly, our visitors readily conclude that the trial is the central pivot of the American legal process