Facilitating falsification in legal decision-making: problems in practice and potential solutions
It is believed that tunnel vision is an important factor in miscarriages of justice. Tunnel vision can be described as an excessive focus on information or evidence that confirms your theory, while paying less attention to evidence that contradicts it. Furthermore, it also increases the tendency to interpret information in such a way that it confirms your theory.
This thesis researched the role of falsification in legal decision-making. Namely, how judges consider exonerating evidence and alternative scenarios. This was researched in practice through a survey, interviews, and a case study. The researcher also conducted experimental studies to determine whether the use of falsification can be increased through changing the order of evidence presentation, changing the instruction to explain the decision, or training to focus on falsification. The findings suggested that judges understand the need for falsification, but struggle to apply it in practice. Based on the experimental data, it appeared law students have more of a focus on alternative scenarios than suggested by research with members of the general public.
Click here for the full dissertation.
Click here for the live stream.
PhD thesis written by Enide Maegherman.
Also read
-
On 8 May 2024, the Globalisation & Law Network hosted a seminar featuring Elies van Sliedregt, Professor of Criminal Law and Procedure at Tilburg University.
-
It is the first time the International Court of Justice selected a student from Maastricht University.
-
On 3 April 2024, the Globalisation & Law Network was pleased to welcome Dr. Laura Mai, Postdoctoral researcher at the Constitutionalising in the Anthropocene project, as a speaker in the context of its seminar series.