Biased evaluation of incriminating and exonerating (non)evidence

A. Eerland, Eric Rassin

Research output: Contribution to journalArticleAcademicpeer-review

Abstract

Recent evidence suggests that convictions in criminal procedures are susceptible
to biased decision making. In this study, the potential detrimental effects of
confirmation bias and the feature positive effect (FPE) were explored. The former
states that decision-makers will be more impressed by incriminating than by
exonerating evidence. The latter states that they assign more weight to finding
evidence than to the failure to secure it, even though the absence of evidence can
be as diagnostic as its presence. Law students read a case file about a fistfight. The
evidence was manipulated such that the effect of confirmation bias and FPE on
guilt estimation and conviction rate could be assessed. Findings partly confirmed
the presence of both a confirmation bias and an FPE.
Original languageEnglish
Pages (from-to)351-358
JournalPsychology, Crime & Law
Volume18
Issue number4
DOIs
Publication statusPublished - 2010

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