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Confirmation Bias: The Science Behind its Impact on Jury Selection and Litigation

Jury Analyst

As much as we would like to believe that the immense responsibility of deciding someones legal fate would ensure that jurors remain objective and free of bias, this idealistic expectation conflicts with the psychological reality of decision-making. One of the most resilient and robust of these hidden biases is confirmation bias.

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Mitigating 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. Trial consultants whose strategies are premised on pseudoscience can lead to ineffective and biased jury selection.

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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. Trial consultants whose strategies are premised on pseudoscience can lead to ineffective and biased jury selection.

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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. Trial consultants whose strategies are premised on pseudoscience can lead to ineffective and biased jury selection.

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OBSERVATIONS ABOUT CROSS EXAMINATION

Plaintiff Trial Lawyer Tips

They just launch off without any particular objective other than an impeachment they have available. They just have a general sense they want to prove the witness is wrong or a liar. Demonstrating the bias of the witness to undermine the testimony offered 2. We need specific focused objectives thought out and planned in advance.

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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

As much as we would like to believe that the immense responsibility of deciding someones legal fate would ensure that jurors remain objective and free of bias, this idealistic expectation conflicts with the psychological reality of decision-making.

article thumbnail

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

Jury Analyst

As much as we would like to believe that the immense responsibility of deciding someone’s legal fate would ensure that jurors remain objective and free of bias, this idealistic expectation conflicts with the psychological reality of decision-making.