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Lunchtime Leniency: Judges' Rulings Are Harsher When They Are Hungrier














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Image: MIKE KEMP Alamy

Lawyers quip that justice is ­what the judge ate for breakfast. New research suggests that justice might actually depend on when the judge ate breakfast.

Researchers at Ben Gurion University in Israel and Columbia University examined more than 1,000 decisions by eight Israeli judges who ruled on convicts’ parole requests. Judges granted 65 percent of requests they heard at the beginning of the day’s session and almost none at the end. Right after a snack break, approvals jumped back to 65 percent again.

Jonathan Levav, associate professor of business at Columbia, said that the judges could just be grumpy from hunger. But they probably also suffer from mental fatigue. Previous studies have shown that repeated decisions make people tired, and they start looking for simple answers. For instance, after making a slew of choices, car buyers will start accepting the standard options rather than continuing to cust­omize. As sessions drag on, judges may find it easier to deny requests and let things stand as they are.

Levav says he suspects a similar effect occurs in hospitals, university admissions offices or anywhere people make repeated decisions. So if you’re thinking about asking the boss for something special, you might want to do it right after a nice lunch.


This article was originally published with the title Lunchtime Leniency.



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  1. 1. yorrick 10:10 PM 9/15/11

    In 1712 Alexander Pope wrote a prescient comment on judges and food: Meanwhile declining from the noon of day, The sun obliquely shoots his burning ray; The hungry judges soon the sentence sign, And wretches hang that jury men may dine;

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  2. 2. Cogitari 04:42 PM 9/23/11

    Good study, but scary. I also read that much of the U.S. constitution was passed towards the end of the convention even though many of the disagreements were never resolved. Apparently the founding fathers got tired too and just wanted to get the thing done so they could go home. But now it is all considered more like incontestable gospel.

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  3. 3. Postulator 09:34 PM 9/23/11

    Why did this take so long to make Scientific American headlines? I don't remember where I first saw the news, but can refer you to http://blogs.discovermagazine.com/notrocketscience/2011/04/11/justice-is-served-but-more-so-after-lunch-how-food-breaks-sway-the-decisions-of-judges/, publishing in April.

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  4. 4. ferrierd 10:03 PM 9/28/11

    The comment on judges' decisions has for some time been, "The judgement is based on the length of the master's [judge's] boot."

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  5. 5. jgrosay 05:39 PM 4/3/12

    And probably, fuzzy or furry people are also harsher, as growing hair uses a lot of amino-acids, and when the blood level of amino-acids decreases, people tend to be more aggressive.

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