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Using Visual and Narrative Methods to Achieve Fair Process in Clinical Care
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Accountability in legal decision-making.

Enide Maegherman1,2,3, Karl Ask2, Robert Horselenberg3

  • 1University College Maastricht, Maastricht, The Netherlands.

Psychiatry, Psychology, and Law : an Interdisciplinary Journal of the Australian and New Zealand Association of Psychiatry, Psychology and Law
|June 27, 2022
PubMed
Summary

Judicial accountability instructions requiring decision explication or falsification significantly boosted the use of exonerating evidence, leading to more acquittals. Justification instructions did not yield the same effect.

Keywords:
accountabilityconfirmation biasfalsificationlegal decision-making

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Area of Science:

  • Legal Psychology
  • Decision Making
  • Judicial Accountability

Background:

  • Explaining decisions often enhances decision quality.
  • Judicial accountability mechanisms may influence evidence utilization in legal judgments.

Purpose of the Study:

  • To investigate how different judicial accountability requirements (justification vs. explication) impact evidence use.
  • To compare these requirements against falsification principle instructions and a control group.

Main Methods:

  • 173 participants evaluated a murder case vignette.
  • Participants provided decisions under varying accountability instructions (explication, justification, falsification, control).

Main Results:

  • Explication and falsification instructions significantly increased the use of exonerating evidence.
  • No significant differences in guilt perception were observed across groups.
  • Use of exonerating evidence positively predicted acquittal rates.

Conclusions:

  • Judicial explication and falsification instructions can improve the consideration of exonerating evidence.
  • A discrepancy exists between evidence considered and evidence used in decision explanations.
  • Findings support the practical application of specific accountability instructions for judges.