Search results

1 – 4 of 4
Per page
102050
Citations:
Loading...
Available. Open Access. Open Access
Article
Publication date: 8 February 2023

Antonio Iudici, Miriam Stefano and Davide Binato

This study aims to provide an overview of studies concerning bias in law, particularly in judges’ decisions. The authors intend to bring to light the factors that can most…

5135

Abstract

Purpose

This study aims to provide an overview of studies concerning bias in law, particularly in judges’ decisions. The authors intend to bring to light the factors that can most frequently lead to unequal decisions to enable judges to better perform their function.

Design/methodology/approach

A literature review was used as a methodology based on studies involving judges and juries.

Findings

The evidence reported by this review suggests how difficult the judge’s job is and how they can be unconsciously influenced by inferences, deductions and biases. The results show that the pleasantness of the witness and the confidence they exhibit during testification are crucial factors in influencing the decisions of judges and jurors. From these studies, it can be assumed that different personal aspects – smiling, pleasantness and the witness’s credibility – can be positively associated with each other, which could compromise the ongoing evaluation. Gender is another factor that can influence evaluations; in fact, witnesses are evaluated based on their own “gender” as well as that of the jurors. Another essential factor is self-confidence. Also, the age of both of the judge and of the witness can be a factor that influences decisions in court. Other factors such as communication effectiveness, degree of accuracy of reported information and non-verbal behaviour were also found to be important.

Research limitations/implications

Among the limitations of this research, the authors have to consider the low number of available research and that the most of these derive from a specific cultural context – the American one. There may also be limits to the way in which certain concepts are used in different parts of the world, particularly through a very broad construct, such as the credibility of witness.

Practical implications

This study highlights which inferences and biases can characterise decision-making processes and, above all, highlights the need for specific training courses aimed at managing the many processes involved in influencing human decisions.

Social implications

The authors believe that this work can raise awareness about the series of unconscious reasoning that may happen in the legal field, which has a major impact on people’s lives and on the general perception of justice.

Originality/value

In this research, the authors have considered some of the criteria that may intervene in the evaluation of witnesses, those present in the current scientific literature. From the research, it seems appropriate and necessary to provide judges with adequate training aimed at the recognition of their cognitive processes and bias. In fact, when they were made aware of them, they were less affected by bias, resulting in more objective and limiting improper inferences.

Details

The Journal of Forensic Practice, vol. 25 no. 2
Type: Research Article
ISSN: 2050-8794

Keywords

Available. Open Access. Open Access
Book part
Publication date: 6 May 2019

Abstract

Details

Issues and Opportunities in Primary Health Care for Children in Europe
Type: Book
ISBN: 978-1-78973-354-9

Access Restricted. View access options
Book part
Publication date: 23 March 2017

Barbara de Lima Voss, David Bernard Carter and Bruno Meirelles Salotti

We present a critical literature review debating Brazilian research on social and environmental accounting (SEA). The aim of this study is to understand the role of politics in…

Abstract

We present a critical literature review debating Brazilian research on social and environmental accounting (SEA). The aim of this study is to understand the role of politics in the construction of hegemonies in SEA research in Brazil. In particular, we examine the role of hegemony in relation to the co-option of SEA literature and sustainability in the Brazilian context by the logic of development for economic growth in emerging economies. The methodological approach adopts a post-structural perspective that reflects Laclau and Mouffe’s discourse theory. The study employs a hermeneutical, rhetorical approach to understand and classify 352 Brazilian research articles on SEA. We employ Brown and Fraser’s (2006) categorizations of SEA literature to help in our analysis: the business case, the stakeholder–accountability approach, and the critical case. We argue that the business case is prominent in Brazilian studies. Second-stage analysis suggests that the major themes under discussion include measurement, consulting, and descriptive approach. We argue that these themes illustrate the degree of influence of the hegemonic politics relevant to emerging economics, as these themes predominantly concern economic growth and a capitalist context. This paper discusses trends and practices in the Brazilian literature on SEA and argues that the focus means that SEA avoids critical debates of the role of capitalist logics in an emerging economy concerning sustainability. We urge the Brazilian academy to understand the implications of its reifying agenda and engage, counter-hegemonically, in a social and political agenda beyond the hegemonic support of a particular set of capitalist interests.

Details

Advances in Environmental Accounting & Management: Social and Environmental Accounting in Brazil
Type: Book
ISBN: 978-1-78635-376-4

Keywords

Access Restricted. View access options
Article
Publication date: 1 January 1953

M. ROBERT‐HENRI BAUTIER

Avant‐propos sous les auspices de l'Institut international de Coopération intellectuelle, paraissait en 1934 le t. I, consacré à l'Europe, du Guide international des Archives. Le…

112

Abstract

Avant‐propos sous les auspices de l'Institut international de Coopération intellectuelle, paraissait en 1934 le t. I, consacré à l'Europe, du Guide international des Archives. Le questionnaire envoyé à tous les États européens comportait sous les points 4 et 6 les questions suivantes: ‘Existe‐t‐il un guide général pour les diverses catégories d'Archives ou des guides particuliers pour l'une ou l'autre d'entre elles?’ et ‘Existe‐t‐il des catalogues imprimés, des publications tant officielles que privées, susceptibles de constituer un instrument complet de référence pour tout ou partie importante des fonds d'archives?’ Les réponses des divers pays à ces questions, malgré leur caractère très inégal, ont fait du Guide international un bon instrument d'information générale sur les Archives. Malheureusement les circonstances ont empêché la publication du volume consacré aux États non européens, tandis que le temps qui s'écoulait tendait à rendre périmés les renseignements fournis sur les Archives européennes.

Details

Journal of Documentation, vol. 9 no. 1
Type: Research Article
ISSN: 0022-0418

1 – 4 of 4
Per page
102050