Get A Penchant for Prejudice: Unraveling Bias in Judicial PDF

Legal Theory Systems

By Linda Gayle Mills

ISBN-10: 0472109502

ISBN-13: 9780472109500

A Penchant for Prejudice combines an in depth empirical examine of the decision-making practices of judges with a cosmopolitan theoretical argument which exposes modern myths approximately judging and indicates equipment 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 which means of judicial impartiality. Linda G. turbines unearths that, in perform, bias is a constant measurement of what's thought of "impartial" decision-making. the implications exhibit that impartiality because the criminal method now defines it, is itself a sort of bias, and traditionally and contextually delicate definition of bias, one that takes account of the groups and cultures that turn out to be judged within the felony process, needs to triumph over the trendy dualistic suggestion of imparitality because the exclusion of bias on the way to reply to wishes of the range of candidates and the judges who adjudicate their claims. in line with generators, the judicial bias she discovered mirrored in her examine turns out not just to essentialize and stereotype candidates but in addition prevents judges from attractive susceptible claimants in a manner that the felony strategy definitely demands.A Penchant for Prejudice can be of curiosity to scholars and students of legislations, judicial decisionmaking, and discrimination.Linda G. turbines is Assistant Professor of Social Welfare and legislation, college of California, la.

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Extra info for A Penchant for Prejudice: Unraveling Bias in Judicial Decision-Making

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Of the applicants denied bene‹ts at reconsideration in 1993, 54 percent requested a hearing. S. House 1994, 57). One of the most dramatic changes detected from SSA’s efforts to redesign the decision-making process has been in ALJ award rates. S. S. S. Supreme Court. Approximately 60,000 cases are considered by the Appeals Council each year. In 1993, the majority of these appeals—70 percent—resulted in a denial of bene‹ts. S. S. House 1994, 57). At district court, judges review cases to be sure the ALJ had substantial evidence on which to deny the claim.

R. 1527 (f) (1)). As noted, DDS evaluators base their decisions exclusively on medical and related records and reports; they have no face-to-face interviews with applicants. As the ‹rst step of the sequential evaluation process, DDS adjudicators establish whether applicants are working. R. 1572 (a), (b)). If claimants are working, bene‹ts are denied. If claimants are not working, their cases proceed to step two in the sequential evaluation process. ” An impairment is considered severe when it signi‹cantly affects a person’s ability to work.

Qxd 7/20/99 2:35 PM Page 27 CHAPTER 2 Mandate for a Uniform and Affective Justice The underlying assumption of the Social Security disability programs is that they can be administered fairly and equitably. 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.

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A Penchant for Prejudice: Unraveling Bias in Judicial Decision-Making by Linda Gayle Mills


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