The Squawk Point

Organisational Mechanics

  • Home
  • Blog
    • People
    • Data
    • Process
    • Wild Cards
    • Index
  • Podcast
  • Book

Justice Isn’t All That It Seems

31 July, 2016 by James Lawther 3 Comments

Things don’t always work the way they should

Take the judicial system as an example.

We hope that judges are always fair and impartial.  That they apply the logic of the law in an even-handed way.  After all, justice is blind.  But if you wanted to challenge this assumption you could probably drive a cart and horses through it.  Judges are, after all, human.  I’d guess they have the same set of biases and blind spots as the rest of us.

A test

In 2010 Shai Danziger and Jonathan Levav carried out a study.

They were looking to see if judges’ decisions were based solely on laws, logic and facts.  Or if there were other factors that influenced their decisions?

They collected data from eight Israeli judges.  The judges presided over the parole boards of 4 of the largest prisons in Israel.  Danziger and Levav studied 1,112 decisions, looking for any signs of bias or discrimination.

They classified the judge’s decisions into two categories: accept or reject.  The judge either ruled in favour of the defendant or rejected the request for parole.  Then the researchers looked to see if anything unusual was affecting the outcome.

They took plenty of factors into account:

  • The sex of the judge
  • The experience of the judge
  • The ethnic origin of the prisoner
  • The sex of the prisoner
  • The seriousness of the crime
  • The time the criminal had served

They didn’t find anything surprising

Each of the judges had similar results.

The severity of the prisoner’s crime and prison time served did not exert an effect on rulings.  (Israel prisoners can only apply for parole once they have served half their sentence).

The sex and ethnicity of the judge or the prisoner didn’t make a difference either.

The researchers only found two statistically significant factors:

  1. The number of prison terms the prisoner had served
  2. The presence of a rehabilitation program

Judges don’t seem to like reoffenders.

The rulings were, as you would hope.  Consistent.

Except for one thing

In Israeli courts they have two breaks during the day; a morning snack and lunch time meal.

When the researchers plotted the judges’ decisions over time they looked like this:

Judges Decisions

The number of paroles awarded jumped significantly after the judges had had a break.

With the benefit of hindsight the outcome was obvious.  When a judge is well fed and rested he will concentrate more on the case.  He is more likely to consider the arguments put forward.  If the judge is tired and hungry he will have a greater tendency to go with the option that needs less thought.  To stick with the safe status quo and reject the parole request.

Who would have thought it?

Nobody would have guessed it.  You only get performance insights like that if you go and look.

You can’t transform what you don’t understand ~ Annette Franz

If you enjoyed this post click here to get the next

Judges

Read another perspective

Image by AO’D

Filed Under: Blog, Operations Analysis Tagged With: assumptions, gemba

About the Author

James Lawther
James Lawther

James Lawther is a middle-aged, middle manager.

To reach this highly elevated position he has worked in numerous industries, from supermarket retailing to tax collecting.  He has had several operational roles, including running the night shift in a frozen pea packing factory and carrying out operational research for a credit card company.

As you can see from his C.V. he has either a wealth of experience or is incapable of holding down a job.  If the latter is true this post isn’t worth a minute of your attention.

Unfortunately, the only way to find out is to read it and decide for yourself.

www.squawkpoint.com/

Comments

  1. Annette Franz says

    1 August, 2016 at 3:36 am

    That’s a really interesting study, James. Great example of what you learn when you “go and see for yourself.” And supports the need to do root cause analysis to get to the real why.

    Annette :-)

    Reply
  2. Adrian Swinscoe says

    4 August, 2016 at 3:46 pm

    James,
    The study reminded of a recent video I saw on Youtube: The Importance of Staring Out Of The Window (https://www.youtube.com/watch?v=8lz-qrVUecE)

    Adrian

    Reply
    • James Lawther says

      5 August, 2016 at 5:48 am

      Great video Adrian, thanks for sharing

      Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Explore

accountability assumptions beliefs best practice blame bureaucracy capability clarity command and control communication complexity continuous improvement cost saving culture customer focus data is not information decisions employee performance measures empowerment error proofing fessing up gemba human nature incentives information technology innovation key performance indicators learning management style measurement motivation performance management poor service process control purpose reinforcing behaviour service design silo management systems thinking targets teamwork test and learn trust video waste

Receive Posts by e-Mail

Get the next post delivered straight to your inbox

Creative Commons

This information from The Squawk Point is licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License.
Creative Commons Licence
Customer Experience Update

Try This:

  • Fish Bone Diagrams – Helpful or Not?

  • Regression to The Mean

  • Brilliance Alone Won’t Take You Far

  • Glory Lasts Forever

Connect

  • E-mail
  • LinkedIn
  • RSS
  • YouTube
  • Cookies
  • Contact Me

Copyright © 2025 · Enterprise Pro on Genesis Framework · WordPress · Log in