Judging Innocence

This empirical study examines for the first time how the criminal justice system in the United States handled the cases of people who were subsequently found innocent through postconviction DNA testing. The data collected tell the story of this unique group of exonerees, starting with their criminal trials, moving through levels of direct appeals and habeas corpus review, and ending with their eventual exonerations. Beginning with the trials of these exonerees, this study examines the leading types of evidence supporting their wrongful convictions, which were erroneous eyewitness identifications, forensic evidence, informant testimony, and false confessions. Yet our system of criminal appeals and postconviction review poorly addressed factual deficiencies in these trials. Few exonerees brought claims regarding those facts or claims alleging their innocence. For those who did, hardly any claims were granted by courts. Far from recognizing innocence, courts often denied relief by finding errors to be harmless. Criminal appeals and postconviction proceedings brought before these exonerees proved their innocence using DNA testing yielded apparently high numbers of reversals 14% reversal rate. However, that reversal rate was indistinguishable from the background reversal rates of comparable rape and murder convictions. Our system may produce high rates of reversible errors during rape and murder trials. Finally, even after DNA testing was available, many exonerees had difficulty securing access to testing and ultimately receiving relief. These findings all demonstrate how our criminal system failed to effectively review unreliable factual evidence, and as a result, misjudged innocence

Judging Women

Judge Sonia Sotomayor’s assertion that female judges might be “better” than male judges has generated accusations of sexism and potential bias. An equally controversial claim is that male judges are better than female judges because the latter have benefited from affirmative action. These claims are susceptible to empirical analysis. Primarily using a dataset of all the state high court judges in 1998-2000, we estimate three measures of judicial output: opinion production, outside state citations, and co-partisan disagreements. We find that the male and female judges perform at about the same level. Roughly similar findings show up in data from the U.S. Court of Appeals and the federal district courts

Judging Measures

The question of how to optimally design judicial institutions is one of central importance to the scholarship focused on courts. Basic questions such as whether there should be mandatory retirement for judges, whether judges should be expected to write their own opinions and whether greater racial or gender diversity on the courts improves decision making are optimal design questions. Given the vast variation in the types of judicial system designs used around the world (and even within the United States), it should be possible to conduct a comparative analysis of the relative efficacy of the different designs. These comparisons cannot be evaluated, however, without first tackling the matter of how to measure justice or judicial performance. Although within the legal academy and the judiciary there is considerable skepticism and hostility to the measurement project, we argue that the project is worth attempting for both judges and academics. That said, the simple measures often used today, while necessary, cannot be relied on exclusively. To achieve a more reliable and useful measurement, judges must be involved in the process of arriving at the right characteristics to measure and the right ways to measure them. If judges get involved in improving the quality of data collection and measurement, the inherent dangers in empirical analysis of the judiciary will both be recognized and more effectively navigated. At the same time, empirical analysis with judicial participation is more likely to assist judges and judicial policymakers

Judging Covers

Cover versions form a loose but identifiable category of tracks and performances. We distinguish four kinds of covers and argue that they mark important differences in the modes of evaluation that are possible or appropriate for each: mimic covers, which aim merely to echo the canonical track; rendition covers, which change the sound of the canonical track; transformative covers, which diverge so much as to instantiate a distinct, albeit derivative song; and referential covers, which not only instantiate a distinct song, but for which the new song is in part about the original song. In order to allow for the very possibility of transformative and referential covers, we argue that a cover is characterized by relation to a canonical track rather than merely by being a new instance of a song that had been recorded previousl

Judging Risk

Risk assessment plays an increasingly pervasive role in criminal justice in the United States at all stages of the process, from policing, to pre-trial, sentencing, corrections, and during parole. As efforts to reduce incarceration have led to adoption of risk-assessment tools, critics have begun to ask whether various instruments in use are valid and whether they might reinforce rather than reduce bias in criminal justice outcomes. Such work has neglected how decisionmakers use risk-assessment in practice. In this Article, we examine in detail the judging of risk assessment and we study why decisionmakers so often fail to consistently use such quantitative information

Psychological type preferences of Christian groups : comparison with the UK population norms

A sample of 246 male and 380 female participants in courses about psychological type theory in a Christian context completed Form G (Anglicised) of the Myers-Briggs Personality Type Indicator® (MBTI®) instrument. The male Christians demonstrated clear preferences for Introversion, Sensing, Thinking, and Judging. The female Christians demonstrated clear preferences for Introversion, Sensing, Feeling, and Judging. The predominant type among the men was ISTJ (18%) and the predominant type among the women was ISFJ (21%). The type preferences of the current samples were statistically compared with the United Kingdom population norms. The male Christians preferred Intuition and Judging significantly more frequently than the male UK population norms, and the female Christians preferred Introversion, Intuition, and Judging significantly more frequently than the female UK population norms