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    Quieting Cognitive Bias with Standards for Witness Communications

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    Full-text available at SSRN. See link in this record. (18.77Kb)
    Issue Date
    2011
    Author
    Wilson, Melanie D.
    Publisher
    University of California, Hastings College of the Law
    Type
    Article
    Version
    http://ssrn.com/abstract=1850819
    Metadata
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    Abstract
    Last year, as part of a project to revise the ABA Criminal Justice Standards for Prosecution and Defense Functions, the ABA Criminal Justice Section initiated round-table discussions with prosecutors, criminal defense lawyers, and academics throughout the United States. The Standards under review provide aspirational guidance for all criminal law practitioners. This Article stems from the Criminal Justice Section's undertaking. It considers the wording, scope, and propriety of several of the proposed changes that address lawyer-witness communications. It begins with a discussion of the effects of cognitive bias on these communications and explains why carefully tailored standards may lessen the detrimental impact of those biases. Then, the Article examines in detail three challenging, yet common aspects of communications that the Standards seek to influence: (1) communicating with witnesses about their future communications with opposing counsel, (2) communicating warnings to witnesses, and (3) communicating with experts. Ultimately, the Article argues for clarity in the Standards to reduce the impact of unwanted cognitive bias to which we are all vulnerable.
    Description
    Full-text available at SSRN. See link in this record.
    URI
    http://hdl.handle.net/1808/11614
    Collections
    • Law School Scholarly Works [621]
    Citation
    Melanie D. Wilson, Quieting Cognitive Bias with Standards for Witness Communications, 62 HASTINGS L.J. 1227 (2011).

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    Contact KU ScholarWorks
    785-864-8983
    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    785-864-8983

    KU Libraries
    1425 Jayhawk Blvd
    Lawrence, KS 66045
    Image Credits
     

     

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