The job of an analyst is to make sense of a complicated mass of information—to understand and explain the current situation, to reconstruct the past that led to it, and to use it as the basis of predictions for the future. To do so requires many types of sophisticated reasoning skills. This chapter first describes a prominent historical characterization of overall individual human reasoning—that reasoning is filled with “irrationalities.” The chapter then remarks on more recent characterizations of reasoning that try to uncover the judgment mechanisms that produce these irrationalities, including recognizing that human reasoning might best be thought of as involving both unconscious and conscious components that have different strengths and weaknesses. Finally, it describes two important characteristics of reasoning abilities: that people seek coherence, and that people are particularists (i.e., that we tend to emphasize the uniqueness of each situation). The chapter illustrates how these characteristics apply in several general tasks involved in analysis, including interpreting questions, searching for information, assessing information, and assessing our own judgments.
Memory issues are well-known in legal trials that involve the reliability of eyewitnesses in criminal cases. However, the relevance of memory to law...
Evidence law controls what information will be admissible in court and when, how, and by whom it may be presented. It shapes not only the trial...
Professor Elizabeth Scott, the chief reporter of the American Law Institute’s (ALI) Restatement of Children and the Law, has often observed that the...
In New York State Rifle & Pistol Association v. Bruen, Justice Thomas’s majority opinion announced that the key to applying originalist methodology...
Forensic evidence has become a common tool in police investigations and a familiar form of evidence at trial. Forensic scientists are trained to...
Scott Lilienfeld warned that psychology’s ideological uniformity would lead to premature closure on sensitive topics. He encouraged psychologists to...
We examined how the presentation of risk assessment results and the race of the person charged affected pretrial court actors’ recommendations to...
Given that no two acts, events, situations, and legal cases are identical, precedential constraint necessarily involves determining which two...
The practice of assessing and adjudicating competence for criminal adjudication in the United States developed largely without assistance from the U.S...
Gun-related violence and suicide in the United States are serious public health problems that are concentrated among young adults, especially those...
Pretrial risk assessment instruments are used in many jurisdictions to inform decisions regarding pretrial release and conditions. Many are concerned...
The five articles in this special issue of FSI:Synergy were created to advance the understanding and adoption of insights from cognitive psychology...
Behavioral scientists enjoy vast methodological freedom in how they operationalize theoretical constructs. This freedom may promote creativity in...
Replies to comments by Cowan (see record 2022-57821-002), Vlasceanu et al. (see record 2022-57821-003), Tullett (see record 2022-57821-004), Marsh...
For over a decade, a battle has been raging in the trial courts of this country over something called the "reptile theory," often simply referred to...