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Judicial decision making: order of evidence presentation and availability of background information

✍ Scribed by José H. Kerstholt; Janet L. Jackson


Book ID
101278459
Publisher
John Wiley and Sons
Year
1998
Tongue
English
Weight
136 KB
Volume
12
Category
Article
ISSN
0888-4080

No coin nor oath required. For personal study only.

✦ Synopsis


An experiment was conducted to investigate both the eect of the order of presentation of defence and prosecution evidence and the prior availability of background information on assessment of guilt. Subjects were required to judge the defendant's probability of guilt either after each witness statement (step-by-step) or after having read all witness statements (end-of-sequence). In the step-by-step mode, an order eect was observed with later evidence exerting a greater impact on the subjects' judgment. This recency eect probably occurred because subjects used an anchoring-and-adjustment process: each new piece of evidence was averaged with an anchor judgment re¯ecting the overall assessment of previous items. In the end-of-sequence mode, on the other hand, the order eect depended on the background condition: if background information was provided a recency eect occurred, but if no background information was available a primacy eect was evident. This result might be explained by assuming that subjects tried to integrate witness information into a coherent cognitive pattern. As the judgment is memory-based in the end-of-sequence condition, recent information will be more available than earlier items. However, when no background information was presented, the ®rst evidence items had to be processed at a more semantic, deeper level, resulting in a primacy eect that apparently outweighed the recency eect.


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