Cognitive Bias In Criminal Investigation And Its Correction

Cognitive bias is a typical term in cognitive psychology.It refers to people's limited rationality,limitations of self-recognition,individual characteristics(such as cognitive style,self-sensory mechanism,individual motivation,and emotional emotion),and information in specific situations.Produced by the impact of processing strategies,etc.,there are situations in the decision-making judgment that are different from the original facts and standard rules of objective facts and deviations from the tendency or result.It is the "unmatched gap" between the subject's cognition and the object's attributes.It is the deviation between the actual behavior and the objective rules.Cognitive bias is unavoidable,hard to find,difficult to overcome and so on.The existence of cognitive bias has universality and breadth,is common to all people,and is reflected in everything.The same is true of investigators,and there is also evidence of investigation.Detection of cognitive bias is a manifestation of various cognitive biases among investigators.It is a variety of deviation behaviors that investigators show in making decisions for decision making and behavior selection.From this perspective,the particularity of the cognitive bias of investigation is mainly manifested in the particularity and behavioral specificity of the subject.It is the deviation between the cognition of "crime scene" related information and the objective(criminal)facts generated by the investigators'choice of behavior.In recent years,academics and experts in the academic and judicial practice sectors in China have conducted extensive and profound analysis and discussion on the theme of criminal misconduct,and have made great research achievements.Including but not limited to the definition,composition,status,reasons and prevention of criminal wrong cases,there are many insights.This has important guiding significance for our country to reflect on the criminal wrong case and even the reform of the investigation system.From the research of scholars,one of the basic consensuses that can be reached is that the criminal misconduct mainly occurs in the investigation stage or is mainly due to the source and initial stage of the investigation stage-precisely because of the investigation personnel during the investigation.Misunderstanding of the facts of the crime,even using illegal investigative measures,led to failure to accurately "disclose facts of the crime." From this,we can conclude from the existing literature that improper or even illegal investigative activities in investigative activities are important causes of criminal wrong cases.But there is still a basic issue that needs further study.In addition to objective criminal acts,institutional mechanisms,and other causes of criminal misconduct,subjective factors are hidden behind important factors such as objective behaviors,such as "preconceptions"and "presumption of guilt",which are behind many direct causes,root cause".In addition to subjective and objective binary division,the cognitive basis of the choice of investigative behavior may also lead to the occurrence of criminal miscarriages.However,the relevant research is rare and has not attracted the attention of scholars.The main content of this paper is the impact of cognitive bias in investigation on the criminal miscarriage or the cognitive misconduct and performance of criminal misconduct,and the cognitive misconduct mechanism of criminal misconduct.There is a certain"distance" between investigation cognition bias and criminal misconduct.It is "front-end front-end" in the causes of criminal misconduct.That is,investigation cognition bias does not necessarily lead to criminal misconduct,but there is "accumulative migration" between the two."relationship.It is not an overstatement that this relationship is summarized by the"source".The investigation of cognitive bias is the basis of the premise.It may lead to the investigation of the confirmation of the deviation,which leads the investigators to collect evidence that is consistent with the concept of the existing crime or is inconsistent with the facts.Unanimous or unclear evidence is given biased explanations,cuts it into agreement,or leads to deviations in investigational anchoring effects,making the authoritative directives of the leaders,the authoritative "opinions" of experts surpass the objective connotation and meaning of evidence,and It is attached to "guilty".As a result,the investigation's behavior,investigation process,and investigation results will affect the investigation's termination report and affect the prosecution's opinions.After the relevant evidence is transferred with the case,due to the objective existence of such factors as"case-centricism" and "flowing process",the prosecution There is a certain bias based on the cognitive bias of the investigation.Eventually,the conviction and penalty will be affected by the accumulation and migration.This process is the investigation of the cumulative migration relationship between cognitive bias and criminal misconduct.This article consists of the introduction and the main part of the six chapters.The introduction part mainly points out the research significance of this thesis,including the theoretical and practical significance of the topic.Summary of domestic and foreign research,research content,research ideas and research methods.The theoretical significance of the selected topics lies in the research on misjudged criminal cases from the perspective of cognitive psychology,the new perspectives and new methods for finding out the causes of criminal miscrosses and their coping strategies,the misinterpretation of misjudged cases from the cognitive bias of investigation,Detection of misconduct in the typical pattern of cognitive bias,formation mechanism and its correction;Seek to detect new areas of knowledge growth point;practical significance lies in the study of detection of cognitive bias and correction of miscarriage of justice has important preventive and control value;change In the past,the conventional criminal misconduct research methods and methods,from the perspective of investigative thinking to investigate the occurrence and development of criminal misconduct and prevention issues;to explore detection of cognitive bias and its formation mechanism,to carry out professional training of investigators is an effective way to prevent criminal misinformation Wait.The research on this topic is reviewed from both domestic and international perspectives.The interdisciplinary research in cognitive science and investigative science has started early in foreign countries with relatively rich research results,more scientific and mature research ideas and methods,and domestic research started Later,but the corresponding research also has an increasing tendency.The deep integration of cognitive science and investigation is the inevitable trend of interdisciplinary investigation.In terms of research ideas and structural arrangement,this article is not a traditional strict sense of "asking questions-analyzing problems-and solving problems".Although the ideas are generally arranged in sequence,due to the research on the basic theories of topics,Analysis of the cognitive bias in the investigation and its amendment.This article,"Consciousness of Problems",is the existing research on the causes of misjudged criminal cases in the investigation stage,that is,omissions in the investigation of misjudged criminal cases caused by the detection of cognitive bias.Structurally speaking,this article arranges the full text in the order of "total points total." The first chapter is the basic overview part,the second,the third and the fourth chapter are the juxtaposed part,the fifth chapter is the part of detection cognitive bias correction,the sixth chapter is the cognitive bias part of the investigation evaluation,the part of our investigation The status quo of theoretical research is summarized,and the significance and necessity of its interdisciplinary development are also put forward.The main research methods of this paper are literature analysis method,case analysis method and comparative research method.The first chapter is an overview of detecting cognitive bias and criminal misconduct.In this chapter,the definition and analysis of cognitive science and its development,the concept of cognition,the concept of deviation,the concept of cognitive deviation and its common types,the concept and characteristics of detection cognitive bias are defined.At the same time,it also briefly summarizes the concept of criminal wrong case and the reason of wrong criminal case from the angle of investigation.Based on this,it puts forward the concept of misjudged criminal case from the perspective of cognitive bias.The second,third and fourth chapters are side by side chapters.The second chapter mainly investigates the confirmation bias in investigation.From the confirmation of the concept of deviation,including the confirmation of the basic attributes of deviation,the mechanism of occurrence and the influencing factors,it is defined.Then from the investigation to confirm the concept of deviation,characteristics,sources and their association with criminal miscarriage perspective.Finally,combining with the performance of confirming the deviation in the misjudged criminal cases,the author points out the main types of the deviations in the investigation and confirms the type of deviation.The third and fourth chapters basically follow the same research ideas and structural arrangements.The third chapter mainly studies the deviation of anchoring effect in investigation.The fourth chapter mainly studies the deviation of promises in investigation.Taking the typical deviations in the above three kinds of investigation as the research objects,the concepts,types and the relationship between them and the miscure of criminal cases respectively are studied,which corresponds to the subject of "Cognitive Deviation in Investigation".The fifth chapter is "cognitive bias correction in the investigation" section.The corrective measures are put forward from the perspectives of conceptual amendment,institutional amendment and technical revision respectively.At the same time,the precautions in the amendment of detection cognition deviation are also pointed out,such as the positive and negative effects of cognitive adjustment of scientific control investigation,the rational control of detection cognitive bias Level differences,the integrated use of detection of cognitive bias correction methods.The sixth chapter is the investigation of cognitive bias part of the evaluation.In this chapter,the author summarizes the current situation of the research of detective theory and holds that more than 60 years of development of detective science have made important research achievements,such as the compilation of series of tutorials,the publication of academic papers,the convening of academic conferences and even the investigation of doctoral students There is no doubt that the idea of establishing a single one clearly shows the prospect of the motivation and development of the investigation of disciplines.However,the challenges encountered in the development of investigation can not be ignored,"a long way to go." It points out the significance of the introduction of cognitive bias in investigative theory research.One is the enrichment of the object of investigation;the other is the enrichment of the principle of investigation;the other is the enrichment of the research methods of investigation.It also puts forward the practical significance of cognitive deviation control in preventing criminal miscarriage cases.Such as providing a new perspective for analyzing the causes of criminal misconduct,providing a new direction for preventing misconduct in criminal cases and providing a new idea for objectively analyzing the responsibility of wrong misconduct cases.and many more.Finally,the research on the investigation of cognition bias summarizes the significance of promoting interdisciplinary exchange.It is a new way to promote the growth of reconnaissance knowledge.It breaks down the interdisciplinary boundaries and creates a new knowledge exchange platform.It is the inevitable response to the development and practice of investigation theory Requirements and effective ways.