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Lay Judgments of Judicial Decision Making

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  • Dan Simon
  • Nicholas Scurich

Abstract

This study examined laypeople's evaluations of judicial decision making, specifically of the judicial decision‐making process and the judiciary's legitimacy. Seven‐hundred participants were presented with three judicial decisions, which were portrayed as following on the heels of solid and appropriate legal procedure. Each decision was accompanied by one of four types of reasoning. Participants were asked to evaluate the acceptability of the decisions, focusing on the manner in which they were made and to evaluate the legitimacy of the decisionmaker, all regardless of their outcomes. The study yielded four findings. First, laypeople's judgments were highly contingent on the outcome of the judges' decisions. Consistent with the theory of motivated reasoning, participants found the decisions highly acceptable when they agreed with the judges' decision, but deemed them relatively unacceptable when they disagreed with them. Second, participants were indifferent to the modes of reasoning offered by the judges when they agreed with the outcomes of the decisions, but were differentially sensitive to the modes of reasoning when the judges' decisions frustrated their preferred outcomes. Third, when participants were sensitive to the modes of reasoning, they gave higher ratings of acceptability to decisions that openly admitted to good reasons on both sides of the case as compared with decisions accompanied by reasons that supported one side of the case exclusively. Giving no reasons at all was found to be more acceptable than giving a single, curt reason. Fourth, the findings replicated the coherence effect. Implications for the legitimacy of the judiciary are discussed.

Suggested Citation

  • Dan Simon & Nicholas Scurich, 2011. "Lay Judgments of Judicial Decision Making," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 8(4), pages 709-727, December.
    • Handle: RePEc:wly:empleg:v:8:y:2011:i:4:p:709-727
    DOI: 10.1111/j.1740-1461.2011.01238.x
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    References listed on IDEAS

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    1. Charles S. Taber & Milton Lodge, 2006. "Motivated Skepticism in the Evaluation of Political Beliefs," American Journal of Political Science, John Wiley & Sons, vol. 50(3), pages 755-769, July.
    2. Boiney, Lindsley G. & Kennedy, Jane & Nye, Pete, 1997. "Instrumental Bias in Motivated Reasoning: More When More Is Needed," Organizational Behavior and Human Decision Processes, Elsevier, vol. 72(1), pages 1-24, October.
    3. Andreas Glöckner & Tilmann Betsch, 2008. "Multiple-Reason Decision Making Based on Automatic Processing," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2008_12, Max Planck Institute for Research on Collective Goods.
    4. Koehler, Jonathan J., 1993. "The Influence of Prior Beliefs on Scientific Judgments of Evidence Quality," Organizational Behavior and Human Decision Processes, Elsevier, vol. 56(1), pages 28-55, October.
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    Cited by:

    1. Katerina Linos & Kimberly Twist, 2016. "The Supreme Court, the Media, and Public Opinion: Comparing Experimental and Observational Methods," The Journal of Legal Studies, University of Chicago Press, vol. 45(2), pages 223-254.
    2. Christoph Engel, 2022. "Judicial Decision-Making. A Survey of the Experimental Evidence," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2022_06, Max Planck Institute for Research on Collective Goods.

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