2024
DOI: 10.1177/2755323x241296360
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Zeal Spillovers: The Adversarial Bias in Simulated Pre-Trial Decision Making

Dan Simon,
David E. Melnikoff

Abstract: The adversarial legal procedure is one of the defining characteristics of Anglo-American law. Adversarialism is lauded for its capacity to discover the factual truth, which is said to be revealed by the clash between zealous advocates. This study further explores the proposition that adversarial contests trigger a bias that pervades adversarial actors’ judgments, beliefs, motivations, and emotions, and thus skews how they perceive and approach their cases. Specifically, we set out to extend prior research by t… Show more

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