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Research On Cognitive Bias Of Criminal Judge Refree

Posted on:2020-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y L ZhaoFull Text:PDF
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The process of judge sentence in criminal procedures is the process of judges' cognitive activities.When judges determine the facts of the case based on the evidence and judges the conviction and sentence,their cognition and judgment will be affected by many factors,and cognitive bias will inevitably occur.The negative impact of the judge's referee's cognitive bias is that it may lead to criminal misjudged cases.This paper combines misjudged criminal cases,and combines psychology and criminal procedure law,analyzes judges' sentence activities,discusses the internal mechanism of judges' cognitive bias and criminal misjudged cases,and summarizes the current situation of judges' cognitive bias in each stage of criminal procedure activities from the perspective of cognitive psychology.It analyzes the causes of the cognitive bias of judges from the perspective of objective and individual,and finally proposes two paths of improvement of litigation degree and self-correction of judges.This paper is divided into four parts.In the first part of the article,the author introduces the concept and problem of judge's cognitive bias,and puts forward the problem of judge's cognitive bias.Then in the second chapter,he focuses on the analysis of the status of the judge's sentence cognition in the criminal procedure.This part of the discussion,in accordance with the sequence of criminal trial procedures,respectively analyzes the cognitive biases that judges will produce in the stages of processing evidence,the stage of identification,and the stage of conviction and sentencing,and the negative consequences of these biases.It analyzes the current situation of cognitive bias of criminal judges' sentencing in stages according to criminal procedure.The following chapter 3 combines the performance of judges' cognitive bias in the criminal trial process,and analyzes the causes of bias,mainly from the perspective of objective aspects and individual subjective aspects of judges.The last part,combined with the previous discussion,puts forward some suggestions to reduce the cognitive bias of judges in criminal procedures.From the perspective of the judges themselves,it is necessary to strengthen the judges' own cognitive and thinking system construction.In addition to the judge's self-correction,the criminal litigation system also needs to be adjusted accordingly.We should provide institutional guarantees for reducing the cognitive bias of judges by setting up a series of systems such as the pre-trial judge system and expert judges.The author hopes to analyze the cognitive bias of criminal litigation judges,explore the types of judges' cognitive biases and the reasons for their formation,and provide an effective path to curb the cognitive bias of judges.The cognitive bias of judges will have a stubborn negative impact on criminal judgments.It may even lead to the creation of wrong cases.Therefore,in-depth study of the cognitive bias of criminal litigation judges can improve the judge's ability to judge,ensure the fairness and reasonableness of judicial judgments,reduce the occurrence of criminal unjust and false cases,and thus maintain social fairness and justice.Of course,we should also realize that judges' cognitive bias cannot be completely eliminated,but they must be regulated within a certain range.
Keywords/Search Tags:Judge's cognitive bias, Tunnel vision, Cognitive style, Presumption of guilt
PDF Full Text Request
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