Confirmation Bias, the Reason for Wrongful Prosecutions and Convictions


I have been discussing the Amanda Knox and Casey Anthony cases in my blogs. Both cases attracted worldwide attention because of perceived injustices. In the Amanda Knox case, there was an injustice at the hands of the Italian legal system which is not nearly as good as ours. In the Casey Anthony case, the legal system worked, despite the public perception of guilt. Both cases can be explained by a problem known as “confirmation bias” which has as its roots cognitive therapy.

It is a very very good reason for preserving our jury system as it is in America, because, rest assured, injustices occur at the hands of the most well meaning judges, prosecutors, and jurors in America. These cases, and knowledge of confirmation bias, and how it affected the Amanda Knox and Casey Anthony cases is a good lesson for judges, prosecutors, and policeman.

“Confirmation bias” which is where people look at selective facts and look at particular facts in a way that tends to confirm their pre-disposition to reach a pre-determined result. Some people call this tunnel vision. It is really explained by “cognitive therapy” and if one really wants to understand this, I highly recommend reading a book titled “Feeling Good” by David D. Burns, MD. a top psychiatrist at the University of Pennsylvania and leading expert in the field of cognitive therapy. While the book is written to help combat depression, and was proven to be more effective than anti-depressant medications (in most cases), it helps explain how we think and why we reach certain conclusions, including whether someone is guilty or innocent.

Just as self-awareness of this problem (in how we think and interpret objective facts) can be very effective in solving depression, in the context of the legal system, it can also help us avoid miscarriages of justice. Further work needs to be done on the application of cognitive therapy in the legal field.

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About davidmginsberg

This is a more limited, more international version of my full blog, which is currently on Google. It may replace my entire blog since Google's Blogger is blocked, I understand, in China (even though my Blog is favorable to China), and China is of interest to me. My full blog is currently at http://usa-china-international.blogspot.com/ and a link to it with more information about me is at http://www.chinablognetwork.com/general/david-ginsberg-international-and-domestic-blog. This is ironic that a Blog site in China, listing China related sites, lists my blog, but prohibits Chinese people from visiting my Blog, which, at worst, has posts which have nothing to do with China, and at worst, has blogs which speak favorably of China.
This entry was posted in Jurisprudence Legal Justice Injustice System Analysis Confirmation Bias Cognitive Therapy Wrongful Conviction Acquital Appeal Jury Juries Anamda Knox Casey Anthony, Uncategorized and tagged . Bookmark the permalink.

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