Should defense lawyers and prosecutors be appointed as judges?

IF 2.7 4区 社会学 Q1 LAW Law Probability & Risk Pub Date : 2020-06-01 DOI:10.1093/lpr/mgaa009
Ruth Ben-Yashar, Miriam Krausz
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Abstract

This article analyses cases where independence between judges’ skills and states of nature affects decision efficiency in terms of the probability of making a correct collective decision, relative to the case where such independence does not exist. This article explains when it is advantageous to include either former defense lawyers who have expertise in obtaining an acquittal of defendants or former prosecutors who have expertise in obtaining a conviction, in a panel of judges.
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应该任命辩护律师和检察官担任法官吗?
本文分析了法官技能和自然状态之间的独立性影响决策效率的情况,即做出正确集体决策的可能性,而不是不存在这种独立性的情况。这篇文章解释了将具有无罪释放被告专业知识的前辩护律师或具有定罪专业知识的前任检察官纳入法官小组何时有利。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
Law Probability & Risk
Law Probability & Risk MATHEMATICSSTATISTICS & PROBABILITY&-STATISTICS & PROBABILITY
CiteScore
2.10
自引率
28.60%
发文量
8
期刊介绍: Law, Probability & Risk is a fully refereed journal which publishes papers dealing with topics on the interface of law and probabilistic reasoning. These are interpreted broadly to include aspects relevant to the interpretation of scientific evidence, the assessment of uncertainty and the assessment of risk. The readership includes academic lawyers, mathematicians, statisticians and social scientists with interests in quantitative reasoning. The primary objective of the journal is to cover issues in law, which have a scientific element, with an emphasis on statistical and probabilistic issues and the assessment of risk. Examples of topics which may be covered include communications law, computers and the law, environmental law, law and medicine, regulatory law for science and technology, identification problems (such as DNA but including other materials), sampling issues (drugs, computer pornography, fraud), offender profiling, credit scoring, risk assessment, the role of statistics and probability in drafting legislation, the assessment of competing theories of evidence (possibly with a view to forming an optimal combination of them). In addition, a whole new area is emerging in the application of computers to medicine and other safety-critical areas. New legislation is required to define the responsibility of computer experts who develop software for tackling these safety-critical problems.
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