![]() ![]() Research has shown that the preferred decision-making method is using the rational system, and that the use of the intuitive mechanism might lead to bias in the way information is gathered and analyzed and in reaching a decision that fits the given situation. The degree to which individuals rely on either pathway is based on individual trait differences and situational demands. The second is preconscious, involves rapid automatic processing, using heuristics, and is highly affect-oriented. The first pathway occurs consciously, is effortful, analytical, logical and reason oriented. ![]() Thus, the Cognitive Experiential Self Theory (CEST) seems to be an appropriate framework to test the relations between forensic decisions and judgments and rational or affect-related and heuristic thinking in the legal profession.Īccording to CEST, there are two different parallel pathways of information processing: the rational pathway and the experiential one. On the contrary, unbiased, evidence-based perceptions and decisions suggest a rational and logical information processing. Biased perceptions and decisions based on myths and stereotypes may indicate reliance on affect-related cognitions and suggest the use of heuristics. To the best of our knowledge and based on a comprehensive review of the literature, there are no studies on the relations between forensic judgments of lawyers and information processing style. The limited studies on prosecutorial discretion and decision making of judges show that, here too, decisions might be affected by extra-legal factors and subjected to bias. They thus have a key role in the progression of cases through the criminal justice system. In a prosecutorial mode, lawyers make the decision to charge (or not) as well as determine the charges and charge reductions along with plea negotiations. Much less attention has been given to investigating perceptions and decision making processes of judges, as well as prosecutors, and to other sex offences other than rape. The research on legal professionals’ perceptions is mainly focused on police officer perceptions of rape incidents, with findings indicating that police officers may hold rape myths and stereotypes and show biased perceptions of victims’ credibility and blame. It is an even more important factor to consider in sexual assault cases, which are known to be highly emotionally inflammatory and contain many implicit stereotypes about victims and offenders. Given these findings, considering the way in which legal professionals process information is essential and highly relevant to judicial biases. This was found to be especially true when evidence was lacking, allowing stereotypes and attitudes held by judges to register a pronounced impact. However, research findings show that legal professionals are often influenced by not only the facts in a case, but extralegal factors, and that social attitudes affect the legal and justice systems, infecting them with myths and stereotypes common in general society. #Eye of the beholder 3 intro professionalFor instance, the customary norms of legal practice teach lawyers to separate ethical considerations from their professional practice, to support their clients zealously, and to perform their job devoid of emotional involvement. The perception is that courts are based on logic and not on emotions and that the work of legal professionals has a rational basis. ĭue to the fact that legal professionals are trained and experienced, it may be assumed that they make better decisions than the average person. This concern is reinforced by statistics showing that sexual assaults are characterized by high attrition rate, with attrition being the greatest at the investigative stage. Without clear evidence, legal professionals tasked with deciding a case may base their decisions on personal inferences, and bias might take place. Making decisions in cases of sex offenses poses a difficult legal choice as these are often offenses where it is "word against word" (i.e. ![]()
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