Criminal Investigations, Cognitive Bias, and Wrongful Convictions

• In Event: Poster Session II

Abstract

Decades of cognitive psychological research have taught us that there are limitations to human perception, attention, and decision-making. We cannot process every piece of stimuli that surrounds us on a daily basis, so instead we have adapted for efficiency by attuning to patterns and developing heuristics to help us navigate a complex world. While this tendency to rely on mental shortcuts often serves us well, it also has the potential to inadvertently undermine criminal investigations and lead to wrongful convictions. We conducted a systematic literature review of research on cognitive biases in the criminal justice system and organized the existing works by the point in the process that they addressed - from evidence collection through sentencing and post-conviction. Guided by this scholarship and in consultation with academic experts and practitioners in the field, we created a diagram depicting the various points in which cognitive phenomena, particularly confirmation bias and tunnel vision, can influence a criminal investigation and prosecution. We illustrate this theoretical map with examples from exoneration cases, and situate these in a broader cultural context. This work can facilitate conversation with researchers, policy-makers, advocates, and criminal justice professionals seeking truth and fairness in our system.

Authors

• Vanessa Meterko, Innocence Project

• Glinda Cooper, Innocence Project

• Amshula Jayaram, Innocence Project

• Rebecca Brown, Innocence Project

• Chanta Parker, Innocence Project