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Who is afraid of the pink elephant? Character evidence, wiretapping, and debiasing interventions

Author

Listed:
  • Christoph Engel

    (Max Planck Institute for Research on Collective Goods, Bonn)

  • Jasmin Golder

    (University of Heidelberg)

  • Rima-Maria Rahal

    (Max Planck Institute for Research on Collective Goods and University of Heidelberg)

Abstract

Defendants should be judged on the merits of the case, not on prejudice, rumors, or evidence obtained through questionable methods. This is why criminal law of procedure regulates which information can be introduced in a trial. Two types of prohibited evidence are the criminal history of the defendant (the defendant shall not be considered more likely guilty since he had earlier been convicted for another crime), and information harvested from an unauthorized wiretap. In a series of online vignette experiments involving 1432 US participants, we show that character evidence never makes it significantly more likely that the defendant is judged guilty, whereas wiretap evidence has a strong effect. Various interventions aimed at debiasing the adjudicator have an effect, but this effect is insufficient to neutralize the bias.

Suggested Citation

  • Christoph Engel & Jasmin Golder & Rima-Maria Rahal, 2024. "Who is afraid of the pink elephant? Character evidence, wiretapping, and debiasing interventions," Discussion Paper Series of the Max Planck Institute for Research on Collective Goods 2024_17, Max Planck Institute for Research on Collective Goods.
    • Handle: RePEc:mpg:wpaper:2024_17
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    Keywords

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    JEL classification:

    • C91 - Mathematical and Quantitative Methods - - Design of Experiments - - - Laboratory, Individual Behavior
    • D02 - Microeconomics - - General - - - Institutions: Design, Formation, Operations, and Impact
    • D84 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Expectations; Speculations
    • D91 - Microeconomics - - Micro-Based Behavioral Economics - - - Role and Effects of Psychological, Emotional, Social, and Cognitive Factors on Decision Making
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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