In this episode of Hearsay, I’ll share with you some of the research on implicit bias in judicial decision-making. Do judges really favour handsome litigants? Do they really lock people up when their football team loses? And how easily can they be bamboozled by big numbers?
Summary Matters (01:00)
- The Conversation: Explainer: what is the national cabinet and is it democratic?
- AFR: National cabinet creates new federal model
- Michael Shoebridge: The national cabinet is key to our coronavirus response. Here’s how it will need to work
- Australian Parliamentary Library: COVID-19 Human Biosecurity Emergency Declaration Explainer
- NSW Government: Latest updates on COVID-19 (Coronavirus): Public Health Orders
- Victorian Government: State of Emergency (links to directions)
- AAP: Coronavirus crisis: NSW man jailed [sic] after three isolation breaches
- Kasey Edwards: I thought I was safe to walk the beach with my daughter, then the police came
- Anne Twomey: A virtual Australian parliament is possible – and may be needed – during the coronavirus pandemic
- The Australian: Coronavirus: Scaled-back parliment to get wages work done
- Judicial College of Victoria: Coronavirus and the courts
- Michael Pelly, AFR: Why eight is enough for federal courts
- Karen Sweeney, AAP: Justice dispensed swiftly as magistrate moves with interesting times
- Sydney Morning Herald: Fischer in the firing line as Kirby intensifies attack
- Kate Galloway and Melissa Castan: High Court rules Indigenous people cannot be deported as aliens, but the fight for legal recognition remains
- The Australian: ‘Activism’ puts focus on High Court vacancies
- Justice Judith Kelly, Judicial Conference of Australia: No room for politics in High Court
- Justice Judith Kelly, Judicial Conference of Australia: No place on High Court bench for politics
- American Bar Association: Implicit Bias in Judicial Decision Making How It Affects Judgment and What Judges Can Do About It (chapter in Enhancing Justice: Reducing Bias)
- The Law Project: Physical Atractiveness Bias in the Legal Profession
- Personality and Social Psychology Bulletin: Natural Observations of the Links between Attractiveness and Initial Legal Judgments
- The Guardian: Judges are more lenient after taking a break, study finds
- Proceedings of the National Academy of Sciences: Extraneous factors in judicial decisions
- NY Magazine: Judges Give Harsher Sentences When Their Football Team Loses
- NBER: Emotional Judges and Unlucky Juveniles
- The Law Project: The Anchoring Bias and its Effect on Judges
- Personality and Social Psychology Bulletin: Playing Dice With Criminal Sentences: The Influence of Irrelevant Anchors on Experts’ Judicial Decision Making
- ABC: Judges admit to emotion in court but say they avoid bias
- National Judicial College of Australia Judges: Angry? Biased? Burned Out?
Address in Reply (1:09:36)
- Hearsay is now produced with Anchor, which makes it really simple to leave a voice message…
Learned Friends (1:10:00)
- Lowering the Bar: Your Unicorn Case is Not an Emergency
If you have comments, questions, or suggestions for future topics, I’d love to hear from you. There are a few ways you can reach me:
- Leave a comment below.
- Send me an email at firstname.lastname@example.org.
- Say hi to @hearsaycast on Twitter.
- You can also leave a voice message that I might include in a future episode.
I hope to hear from you soon.