Download A Penchant for Prejudice: Unraveling Bias in Judicial by Linda Gayle Mills PDF
By Linda Gayle Mills
A Penchant for Prejudice combines an in depth empirical research of the decision-making practices of judges with a cosmopolitan theoretical argument which exposes modern myths approximately judging and indicates equipment of incorporating the inevitable bias that's detected during this and different reviews. in keeping with a distinct learn of the choices of Social protection judges, the booklet demanding situations the which means of judicial impartiality. Linda G. generators unearths that, in perform, bias is a constant measurement of what's thought of "impartial" decision-making. the consequences show that impartiality because the felony process now defines it, is itself a kind of bias, and traditionally and contextually delicate definition of bias, one that takes account of the groups and cultures that grow to be judged within the felony method, needs to conquer the fashionable dualistic inspiration of imparitality because the exclusion of bias so as to reply to wishes of the variety of candidates and the judges who adjudicate their claims. in line with generators, the judicial bias she discovered mirrored in her research turns out not just to essentialize and stereotype candidates but in addition prevents judges from attractive susceptible claimants in a fashion that the criminal procedure absolutely demands.A Penchant for Prejudice should be of curiosity to scholars and students of legislation, judicial decisionmaking, and discrimination.Linda G. turbines is Assistant Professor of Social Welfare and legislation, college of California, l. a..
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Extra info for A Penchant for Prejudice: Unraveling Bias in Judicial Decision-Making
Far from being an undesirable or alien element of the legal decision-making process, bias in the sense of attachment or affection, culture or context, is an intrinsic dimension of judging (Brennan 1988; Minow 1995). Justice has always required that the judge pay attention to the singularities of litigant or claimant, evidence or plea, and that the judge listen to the unique and individual characteristics, to see the face of the person who appears before the law. To ignore this reality would simply be to repress bias and to deny the emotive dimensions of the art of judging.
When the hearing is about to begin, a hearing assistant (someone who helps the ALJ with the hearing proceedings) calls claimants and their attorneys (if applicable) into the hearing room. When claimants enter the hearing room, most judges are already seated. Judges sit at a large, raised, wooden desk and generally wear a judge’s robe (although Hallex does not require judges to do so). , a claim for DI or SSI) (SSA 1992, I-2-650; I-2-652). Usually within the opening statement, judges describe how the hearing process will proceed— that is, that they will take the claimants’ testimony by asking questions and by providing the attorneys the opportunity to ask questions.
Devine found that stereotypes (in this case, about African-Americans) are automatically activated in both high- and low-prejudiced people. In study 2, Devine tested the degree to which high- and low-prejudiced people can control their automatically activated stereotype. She found that when subjects were unable consciously to monitor the activation of stereotypes, both high- and low-prejudiced people are equally biased. Study 3 examined what happens when high- and low-prejudiced people can consciously direct their prejudice.