Skip to Main Content
Article navigation
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.

Licensed re-use rights only
You do not currently have access to this content.
Don't already have an account? Register

Purchased this content as a guest? Enter your email address to restore access.

Please enter valid email address.
Email address must be 94 characters or fewer.
Pay-Per-View Access
$39.00
Rental

or Create an Account

Close Modal
Close Modal