Abstract

http://ssrn.com/abstract=1736667
 
 

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An Investigation of Top-Down vs. Bottom-Up Processing in Post-Appellate Review of a Criminal Case


Andrew M. Smith


University of Ontario Institute of Technology (UOIT)

Brian L. Cutler


University of Ontario Institute of Technology (UOIT)

Keith A. Findley


University of Wisconsin Law School

January 7, 2011

University of Wisconsin Legal Studies Research Paper No. 1148

Abstract:     
Convicted persons who claim to be factually innocent frequently seek assistance from advocacy organizations that help investigate and establish actual innocence. This experiment examined the extent to which the knowledge that a case has passed pre-screening by an innocence project influences case-reviewer judgment through top-down case processing. One hundred-fifty-nine participants role-played case reviewers, evaluated discovery for a criminal case, and evaluated the case. Prior to evaluation, half of the participants were instructed that the case was not previously adjudicated, whereas the other half was told that the case was referred by an innocence advocacy organization. Instructions significantly influenced participants evaluations, suggesting the influence of top-down processing of case discovery.

Number of Pages in PDF File: 19

Keywords: Top-Down, Bottom-Up, Processing, Judgment, Decision-Making, Post-Appellate Review, Wrongful Conviction, Systematic Processing, Innocence, Postconviction

JEL Classification: K41

working papers series





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Date posted: January 9, 2011 ; Last revised: April 12, 2011

Suggested Citation

Smith, Andrew M. and Cutler, Brian L. and Findley, Keith A., An Investigation of Top-Down vs. Bottom-Up Processing in Post-Appellate Review of a Criminal Case (January 7, 2011). University of Wisconsin Legal Studies Research Paper No. 1148. Available at SSRN: http://ssrn.com/abstract=1736667 or http://dx.doi.org/10.2139/ssrn.1736667

Contact Information

Andrew M. Smith (Contact Author)
University of Ontario Institute of Technology (UOIT) ( email )
Brian L. Cutler
University of Ontario Institute of Technology (UOIT) ( email )
Keith A. Findley
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
608-262-4763 (Phone)
608-263-3380 (Fax)
HOME PAGE: http://www.law.wisc.edu/facstaff/biog.php?iID=269
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