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17 May 2013 / Dr Itiel Dror
Issue: 7560 / Categories: Features , Expert Witness , Profession
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Brain training

Experts, lawyers & the judiciary should receive training in how human cognition is relevant to legal proceedings, says Dr Itiel Dror

In an ideal world, experts would be brought into a case to help ascertain what has happened, use objective instruments that quantify and interpret the evidence, and provide the court with an unbiased view. However, the reality is that often experts are recruited to help make a case for an existing theory of what has happened, and they rely on subjective judgments and interpretations. Can we expect experts to be objective? Is it realistic that without specific cognitive measures experts can be impartial?

Even when experts are hard-working, dedicated, and do their best to be objective and impartial, the reality of the legal proceedings (especially in the adversarial legal system), and human cognitive architecture, means that often experts are intrinsically biased.

The kind of bias referred to here is a cognitive bias, not an intentional bias, but a reflection of how the brain works. Such biases affect even areas that are often

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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