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Confirmation bias

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Criminal Law

Definition

Confirmation bias is the tendency to favor information that confirms one’s existing beliefs or hypotheses while disregarding or minimizing evidence that contradicts them. This cognitive phenomenon can significantly impact decision-making and judgment, especially in high-stakes situations like interrogations, where the desire to obtain a confession can cloud objective assessment of evidence.

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5 Must Know Facts For Your Next Test

  1. Confirmation bias can lead investigators to focus only on evidence that supports their theory about a suspect's guilt, ignoring any exonerating evidence.
  2. In interrogations, confirmation bias may cause police officers to adopt aggressive questioning techniques when they believe a suspect is guilty, increasing the risk of false confessions.
  3. Research has shown that even trained professionals, such as law enforcement officers and detectives, are not immune to confirmation bias during investigations.
  4. The presence of confirmation bias can complicate the interrogation process by creating an echo chamber, where only confirming information is acknowledged.
  5. Addressing confirmation bias in interrogations requires conscious effort from investigators to seek out and evaluate all evidence impartially, rather than selectively.

Review Questions

  • How does confirmation bias manifest during police interrogations, and what impact does it have on the outcomes?
    • Confirmation bias can manifest during police interrogations when investigators focus solely on information that aligns with their preconceived notions of a suspect's guilt. This selective attention may lead them to overlook crucial evidence that could suggest innocence, potentially resulting in wrongful convictions. The impact of confirmation bias not only affects the integrity of the investigation but can also erode public trust in law enforcement practices.
  • Discuss the potential consequences of confirmation bias in the context of witness testimonies during interrogations.
    • Witness testimonies can be heavily influenced by confirmation bias, as witnesses may recall details that align with investigators' theories. This can lead to unreliable accounts that support a specific narrative while neglecting contradictory information. The potential consequences include wrongful accusations and misinterpretation of events, ultimately undermining the justice process and leading to miscarriages of justice.
  • Evaluate strategies that law enforcement agencies could implement to mitigate confirmation bias during interrogations.
    • To mitigate confirmation bias during interrogations, law enforcement agencies could implement structured interview techniques that emphasize neutrality and openness to all evidence. Providing training on cognitive biases for investigators can help them recognize their own biases and encourage objective evaluation of evidence. Additionally, employing independent reviewers or oversight mechanisms could ensure a balanced assessment of cases, promoting accountability and reducing the influence of personal biases in decision-making.

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