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We report on the results of deploying the debiasing technique " giving reasons pro et contra " among professional judges at Swedish municipal courts (n=239). Experimental participants assessed the relevance of an eyewitness's previous... more
We report on the results of deploying the debiasing technique " giving reasons pro et contra " among professional judges at Swedish municipal courts (n=239). Experimental participants assessed the relevance of an eyewitness's previous conviction to his credibility in the present case. Results are compared to data from lay judges (n=372). The technique produced a small positive debiasing effect in the sample of Swedish judges, while the effect was negative among lay judges.
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The standard of proof in criminal trials should require that the evidence presented by the prosecution is robust. This requirement of robustness says that it must be unlikely that additional information would change the probability that... more
The standard of proof in criminal trials should require that the evidence presented by the prosecution is robust. This requirement of robustness says that it must be unlikely that additional information would change the probability that the defendant is guilty. Robustness is difficult for a judge to estimate, as it requires the judge to assess the possible effect of information that the he or she does not have. This article is concerned with expert witnesses and proposes a method for reviewing the robustness of expert testimony. According to the proposed method, the robustness of expert testimony is estimated with regard to competence, motivation, external strength, internal strength and relevance. The danger of trusting non-robust expert testimony is illustrated with an analysis of the Thomas Quick Case, a Swedish legal scandal where a patient at a mental institution was wrongfully convicted for eight murders.
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