Cognitive Biases in Criminal Case Evaluation: A Review of the Research

Abstract

Psychological heuristics are an adaptive part of human cognition, helping us operate efficiently in a world full of complex stimuli. However, these mental shortcuts also have the potential to undermine the search for truth in a criminal investigation. We reviewed 30 social science research papers on cognitive biases in criminal case evaluations (i.e., integrating and drawing conclusions based on the totality of the evidence in a criminal case), 18 of which were based on police participants or an examination of police documents. Only two of these police participant studies were done in the USA, with the remainder conducted in various European countries. The studies provide supporting evidence that lay people and law enforcement professionals alike are vulnerable to confirmation bias, and there are other environmental, individual, and case-specific factors that may exacerbate this risk. Six studies described or evaluated the efficacy of intervention strategies, with varying evidence of success. Further research, particularly in the USA, is needed to evaluate different approaches to protect criminal investigations from cognitive biases.

The Modern Scientific Proofs and their Authenticity in Criminal Evidence: Literature Review

“…To the best of the authors' knowledge, we are the first to review this topic using a systematic literature review (SLR). The existing review studies have concentrated on a topic such as cognitive biases in criminal cases (Meterko & Cooper, 2021) and criminal deterrence (Chalfin & McCrary, 2017). Following the SLR process applied in several studies (i.e., Khatib et al, 2022;Sahi et al, 2021), a final set of 114 articles was included in this investigation.…”

Effectiveness of Rational Emotive Behavior Therapy (REBT) on Self-Control and Impulsivity in Male Prisoners

“…Psychological and criminological researchers have continuously sought to comprehend countless interacting biological, psychological, and social factors to clarify why some people tend to involve in criminal and antisocial behaviors ( 1 ). Numerous theories attribute the basis of these behaviors to factors such as personality ( 2 ), mental disorders ( 3 ), ineffective parenting ( 4 ), cognitive factors and skills ( 5 ). Also, numerous studies have revealed that men are more prone to criminal and anti-social behaviors compared to women ( 6 , 7 ).…”

“…Based on REBT, antisocial behaviors can also be influenced by errors in habits and thoughts. The result of a study by Meterko and Cooper (2021) also indicates that cognitive bias is one of the causes of people's tendency towards criminal and anti-social behavior ( 5 ).…”

Letter to Editor

“…Thus, it is a target that must constently be pursued, although it can never be fully reached let alone be secured permanently. There is a profound and growing body of literature (e.g., [ [1] , [2] , [3] , [4] , [5] , [6] , [8] , [9] ]; for Refs. see also [ 10 ] on how to identify, manage and potentially reduce bias.…”