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Judicial and Clinical Decision-Making under Uncertainty

Author

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  • Charles F. Manski

Abstract

Norms for judicial and clinical decisions under uncertainty differ. When clinicians are uncertain about patient health, they view the patient as a member of a population with similar attributes and make care decisions using available knowledge about the distribution of health in this population. In contrast, legal systems typically do not permit a defendant to be convicted of a crime based on a justification that persons with similar attributes often commit this crime. This paper examines the implications if, emulating clinical practice, judges making conviction decisions were to use knowledge of rates of crime commission.

Suggested Citation

  • Charles F. Manski, 2020. "Judicial and Clinical Decision-Making under Uncertainty," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 176(1), pages 33-43.
  • Handle: RePEc:mhr:jinste:urn:doi:10.1628/jite-2020-0006
    DOI: 10.1628/jite-2020-0006
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    Cited by:

    1. Manski, Charles F., 2023. "Probabilistic prediction for binary treatment choice: With focus on personalized medicine," Journal of Econometrics, Elsevier, vol. 234(2), pages 647-663.

    More about this item

    Keywords

    judges and clinicians; reasonable decisions under uncertainty; probability thresholds; frequentist and subjective probability;
    All these keywords.

    JEL classification:

    • D81 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Criteria for Decision-Making under Risk and Uncertainty
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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