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Decision Making and the Law: Truth BarriersJonathan J. KoehlerNorthwestern University - School of Law John B. MeixnerNorthwestern University - School of Law; Northwestern University - Department of Psychology February 13, 2013 Gideon Keren & George Wu, eds., Wiley-Blackwell Handbook of Judgment and Decision Making, Forthcoming Northwestern Law & Econ Research Paper No. 13-04 Abstract: Reaching an accurate outcome is a central goal of the American trial. But structural features of the legal system, in combination with the cognitive shortcomings of legal actors, hinder the search for truth. Regarding the legal system, various rules and policies restrict decision makers’ access to evidence, violate the laws of probability, and limit the evidentiary concerns that may be considered on appeal. Regarding legal actors, informational deficits (particularly regarding scientific and statistical evidence) and cognitive biases of police investigators, witnesses (lay and expert), attorneys, judges, and jurors pose serious obstacles. We conclude by suggesting that research in judgment and decision making may hold the key to understanding legal decisions and increasing their accuracy.
Number of Pages in PDF File: 30 Keywords: decision-making, law, evidence, statistical evidence, jurors, judges, cognitive bias, heuristics, DNA JEL Classification: K10, K19, K40, K49 Accepted Paper SeriesDate posted: February 14, 2013 ; Last revised: March 3, 2013Suggested CitationContact Information
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