ADVERSARIAL JUSTICE INFLUENCE ON COGNITIVE BIAS-BASED WRONGFUL CONVICTIONS

Abstract

Because of the way the adversarial Justice System is structured, I argue that it makes it easier for cognitive bias to influence decision making, which should result in a larger wrongful conviction rate compared to an inquisitorial system. A review of the literature systematically breaks down many of the key difference between both systems, and attempts to paint a clear picture for the reader in support of the argument that the adversarial system is more likely to create cognitive bias-based wrongful convictions comparative to the inquisitorial system. The topic of this paper discusses structural components unique to the adversarial system such as racial profiling, plea deals, prosecutorial misconduct, justice system culture, and the effects of the media. Cognitive biases influenced by structural components of the adversarial system include framing effects, attitudinal boomeranging, deliberation effects, attribution bias, anchoring and adjustment heuristics, ambiguity effects, the women-are-wonderful effects, the white-lab-coat effect, group-think, and confirmation bias. The literature strongly supports the argument that cognitive biases are implicitly linked to judicial determination of guilt and sentencing behavior, exacerbated by the adversarial system, and inadvertently harming the same people it was designed to protect.