Download A Penchant for Prejudice: Unraveling Bias in Judicial by Linda Gayle Mills PDF

By Linda Gayle Mills

A Penchant for Prejudice combines a close empirical research of the decision-making practices of judges with a worldly theoretical argument which exposes modern myths approximately judging and indicates tools of incorporating the inevitable bias that's detected during this and different reviews. in accordance with a different research of the selections of Social safety judges, the booklet demanding situations the that 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 implications exhibit that impartiality because the felony procedure 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 emerge as judged within the criminal procedure, needs to conquer the fashionable dualistic concept of imparitality because the exclusion of bias with the intention to reply to wishes of the range of candidates and the judges who adjudicate their claims. based on generators, the judicial bias she chanced on mirrored in her research turns out not just to essentialize and stereotype candidates but additionally prevents judges from enticing weak claimants in a fashion that the felony method absolutely demands.A Penchant for Prejudice can be of curiosity to scholars and students of legislations, judicial decisionmaking, and discrimination.Linda G. generators 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

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Fairness and equity are arrived at through a uniformity in disability decision making, which is further enhanced by a series of doctrinal protections, all of which are also designed to protect the federal coffers from illegitimate claims. Often, as the evidence of prejudice in the system will reveal in subsequent chapters, these goals con›ict as judges scramble to compromise these objectives through the decision-making process. To ensure that the disability programs are fair in allocating bene‹ts, Social Security devised several substantive and procedural mechanisms to adjudicate the claims of each American who applies.

141–42) These and other case examples of judges who are so obviously directly in›uenced by their perspective of class and gender privilege and denial trace a history of bias in judicial decision making that exists well beyond the Social Security context. That history also traces an inevitable danger that accompanies a ‹xed, homosocial law, a legal system that fails to take account of the affectivity that translates oppression to violence. As Robert Cover has so eloquently described, “The relationship between legal interpretation and the in›iction of pain remains operative even in the most routine of legal acts” (1986, 1607).

There is no standardized length of time for a hearing, although they usually last from 30 to 45 minutes. Some are as short as 10 minutes, and some last as long as 90 minutes. qxd 7/20/99 2:35 PM 36 Page 36 A Penchant for Prejudice judges have medical or vocational experts who assist them with the cases’ technical aspects. R. 953). Hallex rules explicitly govern how a decision should be prepared: they direct the ALJ to “avoid using emotionally charged words, pejorative terms, and personal judgments or opinions, even if the harmful language appears in evidence or testimony” (SSA 1992, I-2-835A1).

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