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Effects of Cognitive Heuristics on the Decisions of Actual Judges and Mock Jury Groups for Simulated Trial Issues

Korean Psychological Journal of Culture and Social Issues / Korean Psychological Journal of Culture and Social Issues, (P)1229-0661; (E)1229-0661
2005, v.11 no.1, pp.59-84



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Abstract

Three studies were conducted to examine the degree to which three common heuristics, anchoring heuristic, framing effect and representative-ness heuristic, influence the decision-making processes of actual judges and 5-persons mock juries. With scenarios regarding various issues that are commonly raised in actual criminal and civil trials, study 1 examined the 158 actual judges' decisions. In study 2, the decisions of 80 mock jury groups that consisted of college students were examined with similar scenarios. And individual decisions were examined in study 3 to compare with the group decisions in study 2. The decision processes of the actual judges and the mock jury groups alike were found to be influenced by "anchors". But the biases by the anchoring heuristic were more pronounced in the group decisions than in the decisions of the actual judges. With respect to framing effect, the actual judges were found to be resistant, while a small effect was found in the decisions of mock jury groups. Representative-ness biases weren't found in the decisions of both the actual judges and mock juries. The implications of the results for judicial systems were discussed.

keywords
인지적 방략, 판사의 판단, 집단판단, 모의배심, cognitive heuristic, judges, mock juries, group decisions., cognitive heuristic, judges, mock juries, group decisions.

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Korean Psychological Journal of Culture and Social Issues