Englich & Mussweiler (2001) Flashcards
Judge sentencing (7 cards)
Where can this study be used? (3)
Cognitive biases
Dual Processing Model
Use of research methods in the study of cognitive processes
Aim
To investigate whether a prosecutor’s sentencing demand (an anchor) would unduly influence a judge’s decision-making in a legal case—demonstrating the effect of anchoring bias
Participants
19 young trial judges (15 male, 4 female) in Germany
* average age: 29.37
* average experience: 9.34 months
* true experiment with and idependent samples design
Method
Realistics rape scenario developed with help from experienced judges (case materials included copies of penal code)
* pilot study with 24 senior law students helped determine baseline sentence (avg. 17.21 months)
* P randomly assigned to one of two conditions:
* low anchor: demanded 2 months
* high anchor: demanded 34 months
* judges read case and formed opinion (15 mins)
* answered:
* was prosecutor recommendation too low, adequate or too high?
* what sentence would you recomment?
* how certain are you? (1-9 scale)
* how realistic did the case seem? (1-9 scale)
Results
Prosecutor’s recommendation significantly influenced sentencing decisions - suggests reliance on system 1 thinking despite professional training
* Low anchor (2 months):
* average sentence: 18.78 months
* SD: 9.11
* High anchor (34 months):
* average sentence: 28.7 months
* SD: 6.53
Strengths (3)
- Cause-and-effect relationship
- Controlled variables: pilot study helped ensure realism and appropriate anchoring values
- Demonstrates System 1 (anchoring) vs System 2 (pilot group) thinking
Limitations (name 3)
- Small sample size: 19 P limit generalisability
- Limited experience: young judges with less than 1 year of experience does not relect decisions made by seasoned professionals
- Independent samples design: individual differences might be confounding varable
- Although realistic materials were used, real courtroom pressures were absent
