An integration of hindsight bias and counterfactual thinking: decision-making and drug courier profiles.
Counterfactual thinking and hindsight bias have each generated separate, substantial bodies of research and provided insight into some areas of legal decision-making. An investigation of the relationship between counterfactual thinking and hindsight bias in a situation in which both are implicated is presented in a legal decision-making context utilizing drug courier profiles and illegal search and seizure. The findings, which demonstrate each of these cognitive processes and show a pattern of results that supports an integrative relationship between them, are discussed in the contexts of social cognition and of legal decision-making. A suggested causal model of decision-making in this context is also presented. Specific implications of these findings for civil actions to remedy illegal searches are discussed.
Robbennolt
J K
JK
Department of Psychology, University of Nebraska-Lincoln 68588, USA. jrobbenn@unlinfo.unl.edu
Sobus
M S
MS
D000704:Analysis of Variance; D015982:Bias; D002961:Civil Rights / Q000331:legislation & jurisprudence*; D003415:Crime / Q000331:legislation & jurisprudence*; D003657:Decision Making; D006801:Humans; D016365:Liability, Legal; D008297:Male; D009329:Nebraska; D013850:Thinking