 Judicial variance is just what one expects if the judges are making a forced choice on borderline cases. Judges cannot confess ignorance and so are compelled to assert beyond their evidence. Little wonder that what comes out of their mouth is affected by irrelevancies such as what went in their mouths for lunch. This susceptibility to bias by irrelevant factors (weather, order effects, anchoring) could be eliminated by methodical use of a lottery. The lottery could be weighted to the fact that borderline crimes vary in how close they come to being clear crimes.