Decision-Making Patterns in the Judicial Systems of the US and Iran

Abstract

Judicial decision-making is the most significant element of any litigation. Such decision ranged from very early injunction final vote is influenced by various factors. These factors, in addition to the contents and facts of the case in criminal cases, deal with the defendant and victim’s personality and the function of criminal justice institutions. Still, what has not been embarked on enough is the judge's mental schemata as the models of judicial decision-making which is discussed under the title of the patterns of judicial decision-making. The model, based on reality, is a design which shows the main links that exist among the main factors of a phenomenon. In lawsuits, the scheme which forms the basis of decision-making might include the law, the attitude of the judge, the judge's strategy and the judge`s personal attributes any of which is discussed as the model of decision-making. Although the law comes to view as the first the first obvious model forming the decision-making, it shall not escape our notice that it fails to clear the reason which rests behind a judge’s decision. Accordingly, subsequent researches investigated the Attitude, strategy and personality traits and proved that these factors impacted the judicial decisions.

Keywords

• keywords: the models of judicial decision-making
• legal model
• strategic model
• attitudinal model
• personal attributes model