Paul Farquhar
Legend
Quis custodiet ipsos custodes?
When making statements like this keep in mind one simple fact; correlation is not causation.Actually, the luck of the draw have much more influence on sentencing that we'd like. Studies have shown that sentences are more lenient for people tried after the lunch break than before, when tried for similar circumstances. Even if we remove factors that obviously could influence the outcome (like outright bribery), we still have an irreductible part of randomness. It's quite uncomfortable to think that someone sentenced to 10 years might have been sentenced to 8 years if things totally outside the scope of control had turned differently. But that's the limitation of the system.
When making statements like this keep in mind one simple fact; correlation is not causation.
The fact that that you linked no studies, so the regimen used is not clear, for one. There are a host of other factors that can affect sentencing, based on timing. A case running longer, because a plea is not taken. A tendency to put the quicker cases earlier in the day so that they can be cleared, leaving time for the more complex cases. All sorts of simple procedural minutia can result in cases that would more naturally result in longer sentences being later in the day.The study (from the field of neurosciences) tended to ascribe causation, through a slight human bia linked to tiredness, even when taking other factors into account. The limitations of the study were indeed quite discussed (notably, the timing of hearing case was correlated with the presence or absence of a lawyer, so it was something that had to be taken into account to revise the initial findings). [side note: when it comes to communuication, the initial findings were circulated more than the corrected ones, despite the corrected ones being more exact and more interesting]. What made you think the study was mistaking correlation for causation?
Sure, that where the "other factors". Comparisons that are not all things being equal can't lead to meaningful results.The fact that that you linked no studies, so the regimen used is not clear, for one. There are a host of other factors that can affect sentencing, based on timing. A case running longer, because a plea is not taken. A tendency to put the quicker cases earlier in the day so that they can be cleared, leaving time for the more complex cases. All sorts of simple procedural minutia can result in cases that would more naturally result in longer sentences being later in the day.
When making statements like this keep in mind one simple fact; correlation is not causation.
Also, if you can point to a cause (like lunch) it isn't random. And our lack of personal control also does not equate to randomness.