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Negative Effects Of Corroborative Bias Of Investigators And Prevention And Control

Posted on:2023-01-06Degree:MasterType:Thesis
Country:ChinaCandidate:D J PanFull Text:PDF
GTID:2556307037478164Subject:Public Security Law
Abstract/Summary:PDF Full Text Request
The frequent vindication of wrongful cases in recent years has made people start to reflect on China’s judicial system.Some scholars believe that the cause of wrongful cases is forced confessions through torture,some believe that the criminal policy at the time of the case may have some influence on the case,and some believe that the investigation strategy is the key to it.By reviewing relevant wrongful cases at home and abroad and sorting out their causes,the author finds that a small number of scholars start from investigators and analyze their behavior at the time of detection,and find that there is a common cause behind most wrongful cases-corroboration bias.This field involves the background and perspective of multiple disciplines such as psychology,law,and investigation,which has been studied but less attention in China and has not yet formed a system.This paper will start from the concept of corroboration bias,combine the knowledge of psychology and public security law,analyze the causes that induce forensic bias,focus on its negative effects in the judicial process,and propose preventive and control measures in order to reduce the existence of corroboration bias in future investigation and judicial practice,so that judicial personnel can complete the investigation more independently and neutrally,and make the case closer to and restore the legal facts.close to and restore the legal facts,and realize the construction of the concept of rule of law in the context of the new era.This article is divided into four parts.In the first part of the article,the connotation of corroborative bias is firstly defined from the domestic and foreign understanding of the concept of corroborative bias,and why this term was chosen.The second chapter elaborates the predisposing factors of corroborative bias,and this part will elaborate as comprehensively as possible that in practice,investigators may be under the influence of themselves,indicators,and social opinion,which may lead to the susceptibility of corroborative bias in handling cases.Based on the second chapter,the third chapter explains,in a cascading manner,the negative effects of corroborative bias in investigative practice and its specific effects,how corroborative bias generated in the investigative part can affect every aspect of case detection,prosecution,and judgment,resulting in the final unjust outcome.The last part is the specific prevention and control path of the corroboration bias,how to from the legislative,judicial,law enforcement,social opinion,internal and external supervision,multi-faceted,multi-level,more dense and tighter weave to reduce the corroboration bias,reduce the production of wrongful cases prevention and control network.Judicial work is responsible for punishing crime,protecting human rights and maintaining social harmony and stability.Reflecting on the reasons behind unjust and wrongful cases,a correct understanding and suppression of corroborative bias can help form a broad social consensus,promote the reform and improvement of the judicial system and maximize the value of fairness and justice.
Keywords/Search Tags:corroboration bias, confirmation bias, negative effects, prevention and intervention mechanism
PDF Full Text Request
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