Abstract

Abstract Since the 1960s and Wason’s famous experiments, the research into confirmation bias has not only become more field specific and realistic but it has also gradually shifted towards bias mitigation rather than studying the phenomenon of confirmation bias per se. This has become clear not least when it comes to confirmation bias in criminal investigations and proceedings. The chapter summarizes manifestations as well as possible debiasing techniques for specific settings during investigative and litigation phases. This includes interviews, suspect-line ups, crime scene investigations, forensic analysis, and so on (investigative phase) as well as prosecutors’ and judges’ decision-making (litigation phase). It is also clear that mitigating confirmation bias in criminal cases in a wider sense will require joint efforts of all actors included, and is to a certain extent a question of legal policy. It is essential that adjustments are made with a firm basis in research. In this chapter, important suggestions for future research, primarily focusing on debiasing techniques, are outlined.

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