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

Abstract

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.