Todd Mundt

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A rule-bound system might eliminate noise, which is good, but it might also freeze existing norms and values, which is not so good. In sum, some people might insist that an advantage of a noisy system is that it will allow people to accommodate new and emerging values. As values change, and if judges are allowed to exercise discretion, they might begin to give, for example, lower sentences to those convicted of drug offenses or higher sentences to those convicted of rape. We have emphasized that if some judges are lenient and others are not, then there will be a degree of unfairness; similarly ...more
Noise: A Flaw in Human Judgment
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