How Judges Decide

Catalog description

This class will explore fundamental questions about judging through conversations with and interviews of judges, lawyers and journalists. Whether a case is a civil or criminal matter, one which will be decided by a jury or a judge, the question of how judges decide any of the myriad of issues they confront is critical. The subject is not often explored beyond the simplistic formulation that judges research the law, apply the facts and then reach a conclusion. But this description ignores all of the essential inputs about just what guides a judge in figuring out the law, and finding the facts and applying one to the other. How does a judge's personal background influence the decision making process? What choices does a judge have when trying to decide how to interpret a statute? Does popular opinion influence how judges decide cases? Should it? Rather than try to understand these and related questions solely from what academics and critics of the system have said, this class will explore these issues and ideas by talking to judges, and lawyers who appear before them. Federal and state court Judges will participate in class and will be interviewed by us and you about cases the judges have selected. They are largely cases which could have gone either way. You will be required to interview judges in class about the assigned readings, and each of you will have an opportunity to be the lead questioner during the semester. The goal is to try to get some understanding of the judge's values, his or her assessment of the equities and personalities in the case, and any other psychological or human factors that went into their decision-making.