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- Title
ENHANCING AND RESTRAINING ACCURACY IN ADJUDICATION.
- Authors
SAKS, MICHAEL J.
- Abstract
The article discusses whether the seemingly irrational choices of the law can be explained by a deeper inspection functioning of the legal process or there are more important functions of the system that are served by choices that maybe counterproductive when seen in a narrow scope. It provides examples of social science findings that throw light on the quality of the law's factfinding and suggest improvements to the design of the law to enhance the accuracy of its findings. It indicates emphasis on reliability to test the correct of trial outcomes and concerns for equal process. It suggests that as the law's trial machinery appears to produce more reliable outcomes, the law should determine how to make better use of available empirical information to improve factfinding performance.
- Subjects
ADMINISTRATIVE procedure; LEGAL procedure; LAW; SOCIAL sciences; ACTIONS &; defenses (Law); TRIALS (Law)
- Publication
Law & Contemporary Problems, 1988, Vol 51, Issue 4, p243
- ISSN
0023-9186
- Publication type
Article
- DOI
10.2307/1191891