DEBIASING THE LAW : How Understanding Cognitive Biases Leads to a More Just Legal System
By Dr . Gleb Tsipursky
Lawyers strive for fairness and justice in every case they handle . However , the behavioral science research shows that human reasoning in legal contexts is inherently flawed and vulnerable to both explicit and implicit biases . Cognitive biases , as they are known , can significantly impact legal matters such as employment law , jury selection , public procurement , criminal defense , business decision-making , bankruptcy , and police misconduct . It is therefore crucial for legal professionals to understand and address these biases in order to ensure the integrity of the legal process .
The Rhyme-As-Reason Effect : A Lesson from the O . J . Simpson Case
One of the most well-known examples of cognitive bias in legal cases is the famous defense from the O . J . Simpson trial : " If it doesn ' t fit , you must acquit ." This statement relies on the rhyme-as-reason effect , where phrases that have cognitive fluency – meaning they are easier to process – sound more believable .
In this particular case , the defense team used this cognitive bias to their advantage , which ultimately contributed to Simpson ' s acquittal . As legal professionals , it is our responsibility to be aware of such biases and take steps to mitigate their influence on the decisionmaking process .
Anchoring : The Impact of First Impressions
Another pervasive cognitive bias in legal settings is anchoring . Anchoring occurs when the initial piece of evidence someone learns about a topic is much more impactful than subsequent evidence . This is because all subsequent evidence is assessed through the lens of the first thing someone learns .
For example , if a juror hears about a defendant ' s prior criminal record before hearing about the specific details of the current case , they may be more inclined to view the defendant as guilty .
Recognizing the anchoring effect is crucial in order to present evidence and arguments in a way that minimizes its impact on the case ' s outcome .
Debiasing Techniques : Tools for a Fairer Legal System
Fortunately , the behavioral science field of debiasing has provided us with critically important , peer-reviewed tools for addressing biases in legal cases . Some of these techniques include :
Blind Procedures
Implementing blind procedures , such as double-blind lineups or anonymized document reviews , can help reduce the influence of cognitive biases . By removing identifying information or limiting the ability to draw comparisons , lawyers can minimize the impact of biases on decision-making processes .
Expert Testimony on Cognitive Biases Incorporating expert testimony on cognitive biases can help educate jurors and judges on the potential pitfalls of human reasoning . By making them aware of these biases , they are more likely to scrutinize their own thought processes and make more impartial judgments .
Deliberative Decision-Making Processes
Encouraging deliberative decision-making processes , such as slow and careful consideration of evidence , can help counteract the influence of cognitive biases . This may involve guiding jurors through a structured deliberation process or providing judges with checklists to ensure a thorough examination of the case .
Addressing Bias in Various Legal Contexts
Understanding and addressing cognitive biases are important across a wide range of legal matters . In employment law , addressing biases is critical to ensuring fair hiring practices and preventing
Dr . Gleb Tsipursky is a cutting-edge expert with a PhD and over 22 years of experience addressing bias in legal cases and serves as CEO of the bias avoidance consultancy Disaster Avoidance Experts . He is the best-selling author of seven books , including the global best-sellers “ Never Go With Your Gut : How Pioneering Leaders Make the Best Decisions and Avoid Business Disasters ” and “ The Blindspots Between Us : How to Overcome Unconscious Cognitive Bias and Build Better Relationships .” His cutting-edge thought leadership was featured in over 650 articles and 550 interviews in “ Harvard Business Review ,” “ Forbes ,” “ Inc . Magazine ,” “ USA Today ,” “ CBS News ,” “ Fox News ,” “ Time ,” “ Business Insider ,” “ Fortune ,” and elsewhere . His writing was translated into Chinese , Korean , German , Russian , Polish , Spanish , French , and other languages . His expertise comes from over 20 years of consulting , coaching , and speaking and training for Fortune 500 companies from Aflac to Xerox , and over 15 years in academia as a behavioral scientist at UNC-Chapel Hill and Ohio State . A proud Ukrainian American , Dr . Gleb lives in Columbus , Ohio .
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