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  • 标题:How do defendants choose their trial court? Evidence for a heuristic processing account
  • 本地全文:下载
  • 作者:Dhami, Mandeep K. ; Mandel, David R.
  • 期刊名称:Judgment and Decision Making
  • 印刷版ISSN:1930-2975
  • 出版年度:2013
  • 卷号:8
  • 期号:5
  • 页码:552-560
  • 出版社:Society for Judgment and Decision Making
  • 摘要:In jurisdictions with two or more tiers of criminal courts, some defendants can choose the type of trial court to be tried in. This may involve a trade-off between the probability of acquittal/conviction and the estimated severity of sentence if convicted. For instance, in England and Wales, the lower courts have a higher conviction rate but limited sentencing powers, whereas the higher courts have a higher acquittal rate but greater sentencing powers. We examined 255 offenders' choice of trial court type using a hypothetical scenario where innocence and guilt was manipulated. Participants' choices were better predicted by a lexicographic than utility maximization model. A greater proportion of ``guilty'' participants chose the lower court compared to their ``innocent'' counterparts, and estimated sentence length was more important to the former than latter group. The present findings provide further support for heuristic decision-making in the criminal justice domain, and have implications for legal policy-making.
  • 关键词:trial; court; choice; subjective expected utility; lexicographic model.
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