Effects of the “intimate conviction” instruction on the processing of judicial information

Esnard, Catherine; Dumas, Rafaele; Bordel, Stéphanie

doi:10.1016/j.erap.2012.12.002

Cited by 7 publications

(2 citation statements)

References 39 publications

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“…Added to this, the socio-cognitive mechanisms implemented in the elaboration of this phenomenon, which is known as 00 beyond reasonable doubt 00 further exposes the jurors to biases in judicial decision. This is also what is revealed by the research conducted by Esnard et al (2013) which shows that jurors who are invited to establish a legal truth according to the principle of 00 beyond reasonable doubt 00 are more likely to reason according to an experiential and heuristic mode. Thus, in a field such as recidivism, which is not unrelated to what is played out and happens during a trial, the factors most often taken into account are not necessarily the first to be involved in the sine die reproduction of a transgression.…”

Section: The Social Reality Of the Judicial Decisionsupporting

confidence: 54%

The bias in judgement: when “naïve” knowledge challenges expert knowledge in criminal trials

Abdellaoui

Niang

2022

JFP

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Purpose The purpose of this paper is to offer a discussion on the socio-cognitive biases involved during a criminal trial, in accordance with the literature in this field. Design/methodology/approach Whether it is the biases of representation, availability or anchoring (Fariña et al., 2003), they have been widely studied in social psychology and constitute a relevant angle of analysis in the judicial context. Findings This paper outlines the issues related to the reality of the judicial decision, the psychological dilemmas that arise from it, as well as the normative pressures underlying the need to rationalize the decision. Finally, the status of psycho-legal expertise and the importance given to it is also discussed with regard to these issues. Practical implications This paper may help provide the diverse socio-judicial actors with some elements for questioning the psychological mechanisms that may intervene in the decision-making and therefore create a sense of conscientization necessary to optimize the quality of decision-making. Originality/value This paper may help provide the diverse socio-judicial actors with some elements for questioning the psychological mechanisms that may intervene in the decision-making and therefore create a sense of conscientization necessary to optimize the quality of decision-making.

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Section: The Social Reality Of the Judicial Decisionsupporting

confidence: 54%

The bias in judgement: when “naïve” knowledge challenges expert knowledge in criminal trials

Abdellaoui

Niang

2022

JFP

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“…The use and implications of the intime conviction in criminal courts has been examined by scholars from a legal perspective (Leclerc 1995;Inchauspé 2015), and more recently by psychological approaches, based among others on psychoanalysis (Ducousso-Lacaze and Grihom 2012; Jacob Alby 2015), cognitive-experiential self-theory (Esnard et al 2013), and forensic psychology (Pham and Reveillère 2015). The present paper does not intend to engage in a debate with these different analyses but rather to provide an ethnographic approach to intime conviction, grounded in the way court actors bring the notion into play during their daily practices of justice.…”

Section: Introductionmentioning

confidence: 99%

The “Inner Belief” of French Asylum Judges

Kobelinsky

2018

Palgrave Socio-Legal Studies

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The judges of the French Court of Asylum, in charge of examining the cases of asylum seekers rejected by the French Office for the Protection of Refugees and Stateless Persons, affirm that there are very few technical legal aspects involved in asylum proceedings. They argue that the case law is not consistent and that the domestic law provides a vague definition of who is a refugee. Aside from these legal points, judges examine the “sincerity” of the applicant’s narrative as well as his or her attitude during the hearing. Judges agree to say that the rulings ultimately rely on their intime conviction (inner belief). Drawing on ethnographic data, the chapter explores the emotions and moral values involved in the construction of this inner belief.

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Confirmatory Information Processing in Legal Decision: Effect of Intimate Conviction

Dumas

Esnard

2019

J Police Crim Psych

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A large body of research has focused on legal decision-making in mixed courts of lay and professional judges. However, few studies have been conducted to test the impact on evidence processing of the intimate conviction instruction (ICI), a decision rule based on impression formation used in civil law systems. The influence of the two facets of the ICI (the decision rule and the motivation requirement) on confirmatory information processing (CIP) was studied in a harm-to-person case. Using a methodology combining the simulated juror and CIP paradigms, the decision rule (based on impression vs. rationality) and the motivation requirement (required vs. not required) were manipulated to observe their impact on assimilation and selective exposure biases. Results showed significant interactions of the two facets of the ICI but only on the assimilation bias. These results are discussed in the light of the evidence processes in the context of legal decision-making in criminal courts.

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Effects of the “intimate conviction” instruction on the processing of judicial information

Cited by 7 publications

References 39 publications

The bias in judgement: when “naïve” knowledge challenges expert knowledge in criminal trials

The bias in judgement: when “naïve” knowledge challenges expert knowledge in criminal trials

The “Inner Belief” of French Asylum Judges

Confirmatory Information Processing in Legal Decision: Effect of Intimate Conviction

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