The Influence of Cognitive Biases on Court Decisions. Contributions of Legal Psychology to the Adversary Criminal Proceedings

The purpose of this paper is to disperse among the judiciary and society the psychological procedures involved in the decision-making process of judges since they are not only influenced by law but by previous ideas and values. It is worth questioning: in what extent their personal views and beliefs...

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Bibliographic Details
Published inDerecho penal y criminología Vol. 37; no. 102
Main Authors De la Rosa, Paola Iliana, Sandoval Navarro, Víctor David
Format Journal Article
LanguageSpanish
Published Bogota Universidad Externado de Colombia 01.01.2016
Subjects
Behavioral psychology
Belief & doubt
Court decisions
Judges & magistrates
Public opinion
Mexico
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Summary:The purpose of this paper is to disperse among the judiciary and society the psychological procedures involved in the decision-making process of judges since they are not only influenced by law but by previous ideas and values. It is worth questioning: in what extent their personal views and beliefs are the bases of verdicts? How can aversions and public opinion have an impact in the court decision? This paper analyzes and states the differences of the judicial role in the Mexican adversarial system and the inquisitorial models of justice. It also critiques the categories of the judicial officers and presents the circumstances that make an impact on judicial decisions, according to Psychology studies. It finally classifies cognitive biases and concludes that the more knowledge judges have about it, the more imparcial judgments will be.
ISSN:0121-0483
2346-2108