By Linda Gayle Mills
A Penchant for Prejudice combines a close empirical learn of the decision-making practices of judges with a worldly theoretical argument which exposes modern myths approximately judging and indicates tools of incorporating the inevitable bias that's detected during this and different reviews. in response to a distinct examine of the choices of Social protection judges, the publication demanding situations the which means of judicial impartiality. Linda G. turbines reveals that, in perform, bias is a constant measurement of what's thought of "impartial" decision-making. the implications exhibit that impartiality because the felony process 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 end up judged within the criminal procedure, needs to conquer the trendy dualistic proposal of imparitality because the exclusion of bias so that it will reply to wishes of the variety of candidates and the judges who adjudicate their claims. in accordance with generators, the judicial bias she stumbled on mirrored in her learn turns out not just to essentialize and stereotype candidates but in addition prevents judges from enticing weak claimants in a manner that the felony strategy certainly demands.A Penchant for Prejudice may be of curiosity to scholars and students of legislation, judicial decisionmaking, and discrimination.Linda G. generators is Assistant Professor of Social Welfare and legislations, collage of California, l. a..
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Gardner 276 F. Supp. D. Tex. 1967); Gold v. 2d 38, 43 (2d Cir. 6 This mandate holds whether or not a claimant is represented by counsel but particularly if a claimant has “ill health” or an “inability to speak English well” (Gold v. 2d 38, 43 (2d Cir. 7 To develop their records fully, all Social Security disability applicants require some accommodation or assistance because they are all either physically or mentally ill. 8 In this regard, unrepresented claimants, people who are illiterate, applicants with a limited education, applicants with mental impairments (including addictions), and applicants who do not speak English well have all been legally recognized as requiring special accommodation.
This requirement is considered central to ensuring that the application process is fair and unbiased and that it disquali‹es all but the truly deserving. The objectivity of medical evidence, however, naturally depends on the physicians who generate, interpret, and explain it. Four types of physicians play critical roles in the disability decisionmaking process: the applicant’s treating physician, consultative examiners (CEs), disability determination services (DDS) physicians, and medical experts (MEs).
4 million applications were received, with a denial rate of 69 percent, compared to the 60 percent rate 3 years earlier. Fifty percent of denied applicants requested a reconsideration, and 87 percent of them were denied reconsideration (GAO 1997). If these numbers suggest a trend, Social Security’s reengineering effort should render fewer applicants eligible for bene‹ts overall. As discussed later, those that are eligible are more likely to be found disabled at the initial or reconsideration stages.
A Penchant for Prejudice: Unraveling Bias in Judicial Decision-Making by Linda Gayle Mills