What the Judge Ate for Breakfast

A recent study published in the Proceedings of the National Academy of Sciences shows how judges’ rulings are different at different times of day. Specifically, judges are much more lenient with parolees immediately after a food break. In a study of 1000 parole decisions, judges granted parole 65% of the time immediately after a food break. At the end of the session, the rate dropped to 0% and then promptly returned to 65% after the next break. The pattern repeated throughout the day and was virtually identical from judge to judge with not a single outlier.

The effect may be an example of a phenomenon called Ego Depletion; the idea that willpower gets used-up over time causing decision-making to become more difficult. The authors of the paper posit that the judges in the study, when mentally depleted, lapse into making the easy decision of maintaining the status quo, i.e. denying parole. Research into Ego Depletion has shown that the effect can be minimised through the use of a positive stimulus, like a break or a small reward. After receiving the positive stimulus some of the lost decision-making ability is regained. In this case the food break may be just what the judge needs to get back into shape and make the tough decision of letting a criminal return to society.

This effect can be taken into account when preparing trial presentations in a number of ways. In a bench trial, simply knowing that after a long day on the bench the judge is more likely to rule for the status quo can be a valuable asset. Presentations shown late in the day can be structured to represent one side’s position as the “no brainier.” When a jury is being asked to make difficult decisions, it would be wise to keep the sessions short and ask for recesses often. For example, prior to playing a long deposition, a beak may be needed to load the video, thus giving jurors a chance to get a cup of coffee and come back focused.


PNAS<, 2010. DOI: 10.1073/pnas.1018033108

http://www.wired.com/wiredscience/2011/04/judges-mental-fatigue/

http://en.wikipedia.org/wiki/Ego_depletion