15 Cognitive Biases: Leslie Cuthbert
Describes 15 cognitive or unconscious biases which may affect witnesses but also decision-makers.
1. Assimilating and Clarifying Information
Fair probing – or descent into the arena?
The issue of judicial intervention in light of the increasing number of cases where parties are unrepresented
Myths about body language – Cuthbert
A salutary warning about some commonly held myths about spotting liars based upon body language. The importance of a tribunal avoiding assessment of credibility based on body language and adopting a rational approach to establishing ...
The lies we tell ourselves (cognitive dissonance) – Cuthbert
Discusses the stress or discomfort we experience when confronted by new information which conflicts with our existing beliefs, ideas or values. For example, another tribunal member may express a contrary view. Advocates self-awareness, challenging oneself ...
Burden of proof by Cooper and Davis
Considers the difficult question of whether there is a burden of proof in mental health cases which have, among other things, to assess risk in an inquisitorial way.
Taking notes – Brice
Discusses the judicial duty to take notes of evidence and other matters during a hearing and the purposes of taking such notes, including the potential need to produce them in the event of an appeal. ...
Assessing credibility – Genn
Warns of the difficulty of assessing credibility, is someone telling the truth? In particular, warns against placing too much weight on the demeanour of a witness.
Establishing facts – Bano
Outlines a methodical approach to assessing the evidence and finding the facts in a case.
(Perils of the) Online World – Clarke
Spring 2013 The relevance of social media including Twitter and Facebook to the work of judges. Impact on the nature of evidence before tribunals. Touches on Judicial Conduct in relation to social networking. Summer 2013 ...
Burden and standard of proof – Cooper
Considers the rules of evidence as applicable in tribunals by comparison with proceedings in criminal law. What is the burden of proof? What is the standard of proof? How is this affected by the more ...