Concerns over wrongful convictions have spurred an increased focus on understanding criminal justice decision-making. This study describes an experimental approach that complements conventional mock-juror experiments and case studies by providing a rapid, high-throughput screen for identifying preconceptions and biases that can influence how jurors and lawyers evaluate evidence in criminal cases. The approach combines an experimental decision task derived from marketing research with statistical modeling to explore how subjects evaluate the strength of the case against a defendant. The results show that, in the absence of explicit information about potential error rates or objective reliability, subjects tend to overweight widely used types of forensic evidence, but give much less weight than expected to a defendant's criminal history. Notably, for mock jurors, the type of crime also biases their confidence in guilt independent of the evidence. This bias is positively correlated with the seriousness of the crime. For practicing prosecutors and other lawyers, the crime-type bias is much smaller, yet still correlates with the seriousness of the crime.
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Crime Sci
December 2024
Center for Law and Behavior, Amsterdam Law School, University of Amsterdam, Amsterdam, The Netherlands.
Background Setting: Punitive approaches to deter offending remain popular despite limited evidence of their effectiveness. This study investigated what effect presenting empirical criminological findings about the effectiveness of deterrence to a general public has on their punishment preferences. It builds on earlier research showing that such presentation reduces the public's inclination towards strict punishment.
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