Article2001

Sentencing Under Uncertainty: Anchoring Effects in the Courtroom 1

321 citations0/0 files storedJournal of Applied Social Psychology

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Decision-Making and Behavioral Economics Legal processes and jurisprudence Jury Decision Making Processes

Abstract

Research on juridical decision making has demonstrated that largely disparate sentences are often given for identical crimes. This may be the case because judges' sentencing decisions are influenced by a recommended or demanded sentence. Building on research on judgmental anchoring (Tversky & Kahneman, 1974), the present investigation examines whether a sentencing demand has a direct influence on a given sentence. Using criminal trial judges as participants, Study 1 demonstrates that such a direct influence does, in fact, exist. Sentencing decisions are assimilated to the sentence demanded by the prosecutor. Study 2 further reveals that this influence is independent of the perceived relevance of the sentencing demand. Study 3 demonstrates that this influence is also independent of judges' experience.

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References

1974Judgment under Uncertainty: Heuristics and Biases 1975Judgment under Uncertainty: Heuristics and Biases 1982Judgment under Uncertainty 1982Judgment under uncertainty: Causality and attribution 1987Experts, amateurs, and real estate: An anchoring-and-adjustment perspective on property pricing decisions 1997Explaining the enigmatic anchoring effect: Mechanisms of selective accessibility.1996A new look at anchoring effects: Basic anchoring and its antecedents.1991Costs and benefits of judgment errors: Implications for debiasing.

Cited by

2001First offers as anchors: The role of perspective-taking and negotiator focus.2004Plea Bargaining outside the Shadow of Trial 2007Decision Making, in Criminal Justice 2005The Effect of Implicit Person Theory on Performance Appraisals.2000Numeric Judgments under Uncertainty: The Role of Knowledge in Anchoring 2005Cashing in on crashes via brand placement in computer games

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