The bias in judgement: when “naïve” knowledge challenges expert knowledge in criminal trials
The Journal of Forensic Practice
ISSN: 2050-8794
Article publication date: 3 February 2022
Issue publication date: 19 April 2022
Abstract
Purpose
The purpose of this paper is to offer a discussion on the socio-cognitive biases involved during a criminal trial, in accordance with the literature in this field.
Design/methodology/approach
Whether it is the biases of representation, availability or anchoring (Fariña et al., 2003), they have been widely studied in social psychology and constitute a relevant angle of analysis in the judicial context.
Findings
This paper outlines the issues related to the reality of the judicial decision, the psychological dilemmas that arise from it, as well as the normative pressures underlying the need to rationalize the decision. Finally, the status of psycho-legal expertise and the importance given to it is also discussed with regard to these issues.
Practical implications
This paper may help provide the diverse socio-judicial actors with some elements for questioning the psychological mechanisms that may intervene in the decision-making and therefore create a sense of conscientization necessary to optimize the quality of decision-making.
Originality/value
This paper may help provide the diverse socio-judicial actors with some elements for questioning the psychological mechanisms that may intervene in the decision-making and therefore create a sense of conscientization necessary to optimize the quality of decision-making.
Keywords
Acknowledgements
Funding: This research received no specific grant from any funding agency in the public, commercial, or not-for profit sectors.
Citation
Abdellaoui, S. and Niang, A. (2022), "The bias in judgement: when “naïve” knowledge challenges expert knowledge in criminal trials", The Journal of Forensic Practice, Vol. 24 No. 2, pp. 111-122. https://doi.org/10.1108/JFP-06-2021-0035
Publisher
:Emerald Publishing Limited
Copyright © 2020, Emerald Publishing Limited