ADVERSARY PRESENTATION AND BIAS IN LEGAL DECISIONMAKING (FROM CRIME AND JUSTICE, 1971-1972 - AN AMS ANTHOLOGY, 1974 BY JACKWELL SUSMAN - SEE NCJ-28615)

• NCJ Number: 28630
• Author(s): J THIBAUT; L WALKER; E A LIND
• Date Published: 1974
• Length: 14 pages
• Corporate Author: AMS Press, Inc
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THIS COMMENT COMPARES ADVERSARY AND INQUISITORIAL EVIDENTIARY PRESENTATION AND SPECIFICALLY EXAMINES THE CLAIM THAT EVIDENTIARY PRESENTATION UNDER THE ADVERSARY MODEL COUNTERRACTS BIAS IN DECISION MAKERS.

Abstract

AN EXPERIMENTAL CASE WAS DEVISED TO TEST THE HYPOTHESIS. IN TERMS OF THE LEGAL PROCESS, THIS EXPERIMENT SUGGESTS THAT AN ADVERSARY, AS COMPARED TO AN INQUISITORIAL, PRESENTATION OF EVIDENCE MAY MAKE A SUBSTANTIAL DIFFERENCE IN THE OUTCOME OF CASES. MOST OF THE DIFFERENCE PROBABLY APPEARS IN SITUATIONS WHERE JUDGE OR JURORS HAVE AN EXPECTATION ABOUT THE FINAL RESULT. AS A CASE IS PRESENTED, THE ADVERSARY MODE APPARENTLY COUNTERACTS JUDGE OR JUROR BIAS IN FAVOR OF A GIVEN OUTCOME AND THUS INDEED SEEMS TO COMBAT, IN FULLER'S WORDS, A 'TENDENCY TO JUDGE TOO SWIFTLY IN TERMS OF THE FAMILIAR THAT WHICH IS NOT YET FULLY KNOWN'. (AUTHOR ABSTRACT)