| Some argue that judicial
decision-making is a much more simplified process and that judges, as lawyers,
are trained to simply hear the facts, consider the law and, as a result, make a
decision. This formula approach is, in my opinion, simplistic. In fact, what
occurs is far more complex. The judge hears the evidence; the judge examines
the law; and the judge listens to the arguments. From that combination of
events, the judge makes findings of fact and makes findings of law. As a result
of this analytical process, he or she makes a decision. Thus, the findings of fact and the findings of law are quite highly subjective elements of the decision-making process. In coming to conclusions, the judge has only one place to go for answers and that is into his or her own decision-making ability which is strongly influenced by the judge's training and experiences as well as by other more factual aspects of the case. |
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| The Influence of
Knowledge about Social Problems and Life Experiences on Judgments |
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| Obviously, the extent to which the judge understands the broader social context to a legal question affects the decision. Therefore, if the judge understands a great deal about societal problems and questions of real life experiences involving many people, the likelihood will be greater that the judge will make a decision that seems fair and equal to a broad range of individuals. The narrower the judge's understanding of societal problems and knowledge of the real life experiences of other people, the greater the danger that the judgment will be unjust. The challenge then is to expand each judge's knowledge and sensitivity. | ||
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