Call Today : (718) 891-0564

How Do Criminal Lawyers Implement Behavioral Insights?

Criminal law deals with the conduct and the state of mind of the accused about the alleged breaches of the statutes. In that regard, to criminal lawyers, the psychological factors of criminal conduct are critical. Behavioral insights help us understand why biases and cognitive framing are a factor in the accused, victims, witnesses, and other legal actors. More and more top lawyers are turning to psychology and behavioral economics for understanding to improve their strategies and courtroom advocacy.

Defendant assessment
In evaluating a defendant, criminal lawyers must determine his competence, insanity, credibility, and the likelihood of recidivism. Behavioral knowledge is a tool that lawyers use to understand what a defendant can do and what are the defendant's intentions.
Knowing common biases such as overconfidence, confirmation bias, and fundamental attribution error brings a new dimension when making a judgment on an accused person's account. Lawyers can also realize that heuristics such as availability affect the defendant's decisions and recollection. These insights help lawyers to advise the accused on plea bargains and to create effective explanatory stories.

Victim and witness examination
Interrogation of victims and witnesses calls for tact around trauma and memory. Behavioral insights into post-traumatic stress assist lawyers empathically and get testimonies on the spot. The study of flashbulb memories helps us to understand why we can remember the details of disturbing events, but forget the peripheral information.
By analyzing how misinformation can affect eyewitness accounts, lawyers can avoid biased questions that lead to. Understanding egocentric biases lets lawyers distinguish overstatements or understatements in narratives of witness behavior.

Jury selection and persuasion
In jury trials, attorneys apply the science of behavior when selecting and working with jurors. Bias or unjust judgment can be identified and removed from the jury based on backgrounds and personalities. Demographic, cognitive, and personality factors relating to juror biases can serve as a guide in selection.

The criminal defense attorney Brooklyn NY presents evidence to the jury to influence the way it is interpreted. Knowing heuristics such as availability and effect helps to use examples, analogies, visuals, and rhetoric correctly. Analyzing dual processing modes in thinking enables presenting arguments in a structured manner for better results.


Share on