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The Power of Confirmation Bias: Uncovering its Influence on Trials

Jury Analyst

Confirmation bias permeates the litigation process, affecting various stages from trial preparation to jury deliberation. Therefore, it is crucial to be mindful of its influence on all individuals involved in a trial, including legal professionals, trial consultants, and the jury themselves.

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Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

In the previous articles of our series on confirmation bias, aka Perception Bias in the legal system, we explored the profound impact of confirmation bias on jury selection and decision-making processes. The results can also inform oral voir dire strategies.

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Understanding Confirmation Bias in Legal Contexts: The Science Behind its Impact on Jury Selection and Litigation Understanding Confirmation Bias in Legal Contexts: 

Jury Analyst

If we assume people do not mindlessly consume pre-trial publicity but engage with case coverage and use that to formulate an opinion about a person’s guilt or innocence, then it is likely that jury deliberation will be impacted by confirmation bias. Hypothesis testing in attorney-conducted voir dire. Simon and Schuster.