Judicial Decision-Making. A Survey of the Experimental Evidence

Growing pains of addressing cognitive bias in legal contexts: A commentary on Berryessa et al. (2022)

“…Berryessa et al (2022) argue that judges—like all people—are vulnerable to subconscious biases that can influence their decision‐making, and other researchers have demonstrated that judges do indeed display various well‐known cognitive biases (e.g. anchoring, framing, hindsight; Engel, 2022). Underscoring this point, a recent survey found that most criminal defence attorneys (83.5%) and most prosecutors (56%) believe bench trials to be less fair than jury trials (Diamond & Salerno, 2020).…”