휴리스틱과 검사의 인지편향

Heuristics and Prosecutorial Biases

Prosecutors are under influence of cognitive biases from the initial phase of criminal process. Anchor effect and availability heuristic may provide prosecutors with presumption of guilt, which is strengthened by confirmation bias and selective information processing. Egocentric bias and the avoidance of cognitive dissonance make prosecutors adhere to the former belief of guilt, Owing to investigative and prosecutorial biases, it is extremely hard for an innocent man to get free from presumption of guilt. This paper offers several ideas to improve prosecutorial decision making: education, switching sides, and ethical activities, as individual level solutions; transparent and ambivalent investigation, reexamination by the third, as systematic ones.