31 Pages Posted: 13 Sep 2010 Last revised: 17 Jan 2012
Date Written: January 2012
Criminal procedure is organized as a tournament with predefined roles. We show that assuming the role of a defense counsel or prosecutor leads to role induced bias even if participants are asked to predict a court ruling after they have ceased to act in that role, and if they expect a substantial financial incentive for being accurate. The bias is not removed either if participants are instructed to predict the court ruling in preparation of plea bargaining. In line with parallel constraint satisfaction models for legal decision making, findings indicate that role induced bias is driven by coherence effects (Simon, 2004), that is, systematic information distortions in support of the favored option. This is mainly achieved by downplaying the importance of conflicting evidence. These distortions seem to stabilize interpretations, and people do not correct for this bias. Implications for legal procedure are briefly discussed.
Keywords: Coherence effects, Legal Decision Making, Biases, Parallel Constraint Satisfaction, Intuition
JEL Classification: C91, D81, K14, K42
Suggested Citation: Suggested Citation
Glöckner, Andreas and Engel, Christoph, Role Induced Bias in Court: An Experimental Analysis (January 2012). MPI Collective Goods Preprint, No. 2010/37. Available at SSRN: https://ssrn.com/abstract=1676142 or http://dx.doi.org/10.2139/ssrn.1676142