
Contents
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Call for Synthesis and a Refocused Research Program Call for Synthesis and a Refocused Research Program
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Trial Judges and Jury Trials Trial Judges and Jury Trials
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Justification for Refocus on Jury Disputes Justification for Refocus on Jury Disputes
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Specific Ways in Which Every Civil Jury Trial Is a Bench Trial Specific Ways in Which Every Civil Jury Trial Is a Bench Trial
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Pretrial Pretrial
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During Trial During Trial
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Posttrial Posttrial
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Theoretical Framework Theoretical Framework
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Motivated Reasoning and Judicial Engineering Motivated Reasoning and Judicial Engineering
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Administrative Goals Administrative Goals
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Audience Audience
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Methodological Opportunities Methodological Opportunities
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Qualitative Methods Qualitative Methods
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Exemplar Research Targets Exemplar Research Targets
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12 12 Every Jury Trial Is a Bench Trial: Judicial Engineering of Jury Disputes
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Published:January 2010
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Abstract
For decades virtually every scholarly work on trial judges began by lamenting the unfortunate tendency of students of judicial behavior to concentrate almost exclusively on appellate courts generally and the U.S. Supreme Court in particular. Fortunately, although this imbalance is still present to a degree, a nascent body of research has ameliorated the disparity and enhanced greatly our understanding of civil trial courts, trial judges, and the psychology of trial judging over the last decade. We review this research and conclude, first, that this research collectively suggests a value-based exercise of judicial discretion that may reflect intentional or unintentional bias in trial judging when the dispute involves ideological issues and, second, that when faced with science-based standards, statistical evidence, and other risk-assessment tasks, judges are susceptible to many of the same limits on objectivity and accuracy that plague jurors and all human decision makers faced with difficult judgments.
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