Confronting cognitive anchoring effect and blind spot biases in federal sentencing: A modest solution for reforming a fundamental flaw
MW Bennett - J. Crim. L. & Criminology, 2014 - HeinOnline
J. Crim. L. & Criminology, 2014•HeinOnline
… This Article explores how judges' hidden cognitive biases, specifically the "anchoring
effect" and, to a lesser extent, the "bias blind spot," impact the length of sentences they
impose by subconsciously influencing judges to give greater weight to the now-advisory
Federal Sentencing Guidelines than to other important sentencing factors. Biologically,
every mammalian eye has a scotoma in its field of vision-colloquially known as a blind spot.Everyone,
including … This psychological blind spot prevents us from seeing our own cognitive biases …
effect" and, to a lesser extent, the "bias blind spot," impact the length of sentences they
impose by subconsciously influencing judges to give greater weight to the now-advisory
Federal Sentencing Guidelines than to other important sentencing factors. Biologically,
every mammalian eye has a scotoma in its field of vision-colloquially known as a blind spot.Everyone,
including … This psychological blind spot prevents us from seeing our own cognitive biases …
" God not only plays dice. He also sometimes throws the dice where they cannot be seen."
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