Title

A Social Psychological Perspective on the Decision-Making Processes of Trial Judges in Taiwan

Author

Mong-Hwa Chin

Date of Award

12-8-2014

Document Type

Dissertation - Closed Access

Degree Name

Doctor of Juridical Science (S.J.D.)

Institution

Duke University School of Law

Abstract

This thesis explores Taiwanese trial judges’ decision-making processes and their perceptions of the reforms to the criminal justice system. It integrates an interview-based qualitative survey and a body of knowledge in the field of social psychology to identify, analyze and provide possible solutions to these problems. It focuses on five different aspects of the system: the judges’ power to actively gather evidence; the confusion of identity between judges and prosecutors; the deliberation process among judges and issues regarding the incorporation of lay participation; issues related to consensual procedures; and the sentencing decision-making process.

Library of Congress Subject Headings

Administration of Criminal Law, Judicial process

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