Criticisms of the criminal justice system: A decision making analysis

When a decision making analysis is applied to key decisions within the criminal justice system, e.g., bail, sentencing, and plea bargaining, a wide range of evidence suggests that the decision makers believe they follow policies other than those that actually guide their decisions; that the policies that are followed are often simple ones, involving only a few decision factors; and that the decision outcomes are often assigned to defendants in a reasonable manner but that, even so, the outcomes are often ineffective. Because many proposals for the reform of the criminal justice system are based on the testimony of decision makers and “experts” whose knowledge of the system is often flawed, it is unlikely that reforms will have a beneficial impact on criminal behavior until much more is known about the day-to-day decisions of judges, prosecutors, and probation officers.