Justice is (change) blind: Applying research on visual metacognition in legal settings
| Autor: | Christopher Brett Jaeger, Evan Porter, Daniel T. Levin |
|---|---|
| Rok vydání: | 2017 |
| Předmět: |
Visual perception
Sociology and Political Science Social Psychology 05 social sciences Metacognition Context (language use) 050105 experimental psychology Reasonable person Variety (cybernetics) 03 medical and health sciences 0302 clinical medicine Change blindness 0501 psychology and cognitive sciences Justice (ethics) Inattentional blindness Psychology Law 030217 neurology & neurosurgery Cognitive psychology |
| Zdroj: | Psychology, Public Policy, and Law. 23:259-279 |
| ISSN: | 1939-1528 1076-8971 |
| Popis: | Research demonstrates that people overestimate their ability to detect visual stimuli in a variety of contexts. These errors in visual metacognition have legal implications, as they may cause decision makers to misweigh evidence and misallocate responsibility. We describe 4 experiments that bridge the gap between lab studies of visual metacognition and 1 relevant legal context: negligence litigation. In the first 2 experiments, we expand on the existing visual metacognition research by demonstrating that participants’ overestimation persists when they are asked what an observer should see and what an observer can be blamed for failing to see. Then, we examine the extent to which participants treat their presumptions that someone should have seen a stimulus like evidence of verified visual detection. Finally, we use vignettes of negligence cases modeled on existing change blindness and inattention blindness research to drive home the potential legal consequence of visual metacognitive errors: defendants may be found negligent for failing to detect stimuli that the ordinary, reasonable person would not have seen. |
| Databáze: | OpenAIRE |
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