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Can We Trust Intuitive Jurors? Standards of Proof and the Probative Value of Evidence in Coherence‐Based Reasoning

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  • Andreas Glöckner
  • Christoph Engel

Abstract

Jury members are confronted with highly complex, ill‐defined problems. Coherence‐based reasoning (Pennington & Hastie 1992; Simon 2004), which partially relies on intuitive‐automatic processing, empowers them to nonetheless make meaningful decisions. These processes, however, have a downside. We tested possible negative effects in a set of studies. Specifically, we investigated whether stricter standards of proof are suppressed by stronger coherence shifts and whether the probative value of the evidence is properly taken into account. We found that U.S. model jury instructions for preponderance of the evidence and beyond a reasonable doubt influence conviction rates in the intended direction and are not undermined by coherence shifts, although probabilistic estimations of these standards are inappropriate. However, even massive changes in explicitly stated probabilities, while holding the overall constellation of facts constant, did not influence conviction rates or the estimated probability of conviction. We argue that reforms in legal procedure should focus on measures to reduce the negative side effects of coherence‐based reasoning in general but, more specifically, to make probabilistic information better evaluable for decisionmakers in law.

Suggested Citation

  • Andreas Glöckner & Christoph Engel, 2013. "Can We Trust Intuitive Jurors? Standards of Proof and the Probative Value of Evidence in Coherence‐Based Reasoning," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 10(2), pages 230-252, June.
    • Handle: RePEc:wly:empleg:v:10:y:2013:i:2:p:230-252
    DOI: 10.1111/jels.12009
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    References listed on IDEAS

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    1. DeKay, Michael L. & Patiño-Echeverri, Dalia & Fischbeck, Paul S., 2009. "Distortion of probability and outcome information in risky decisions," Organizational Behavior and Human Decision Processes, Elsevier, vol. 109(1), pages 79-92, May.
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    Cited by:

    1. Christoph Engel & Rima-Maria Rahal, 2022. "Eye-Tracking as a Method for Legal Research," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2022_07, Max Planck Institute for Research on Collective Goods.
    2. Aimone, Jason A. & Hudja, Stanton & Law, Wilson & North, Charles M. & Ralston, Jason & Rentschler, Lucas, 2023. "An experimental exploration of reasonable doubt," Journal of Economic Behavior & Organization, Elsevier, vol. 212(C), pages 873-886.
    3. Christoph Engel, 2022. "Judicial Decision-Making. A Survey of the Experimental Evidence," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2022_06, Max Planck Institute for Research on Collective Goods.
    4. Shay Lavie & Tal Ganor & Yuval Feldman, 2020. "Adjusting legal standards," European Journal of Law and Economics, Springer, vol. 49(1), pages 33-53, February.
    5. Marc Jekel & Andreas Glockner & Arndt Broder & Viktoriya Maydych, 2014. "Approximating rationality under incomplete information: Adaptive inferences for missing cue values based on cue-discrimination," Judgment and Decision Making, Society for Judgment and Decision Making, vol. 9(2), pages 129-147, March.
    6. Christoph Engel & Andreas Glöckner & Sinika Timme, 2017. "Defendant Should Have the Last Word – Experimentally Manipulating Order and Provisional Assessment of the Facts in Criminal Procedure," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2017_24, Max Planck Institute for Research on Collective Goods.
    7. repec:cup:judgdm:v:9:y:2014:i:2:p:129-147 is not listed on IDEAS
    8. Mischkowski, Dorothee & Glöckner, Andreas & Lewisch, Peter, 2021. "Information search, coherence effects, and their interplay in legal decision making," Journal of Economic Psychology, Elsevier, vol. 87(C).

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