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Better Than Conscious?Decision Making, the Human Mind, and Implications For Institutions$
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Christoph Engel and Wolf Singer

Print publication date: 2008

Print ISBN-13: 9780262195805

Published to MIT Press Scholarship Online: May 2016

DOI: 10.7551/mitpress/9780262195805.001.0001

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Conscious and Nonconscious Cognitive Processes in Jurors’ Decisions

Conscious and Nonconscious Cognitive Processes in Jurors’ Decisions

(p.371) 17 Conscious and Nonconscious Cognitive Processes in Jurors’ Decisions
Better Than Conscious?

Reid Hastie

The MIT Press

How should we conceptualize the relationships between conscious and nonconscious processing in some important decisions? This question is addressed in the context of an institutionally significant legal decision—the reasoning processes engaged in by American jurors when rendering verdicts in typical criminal and civil trials. A cognitive–psychological process model for the juror’s decision task is outlined and some of the behavioral evidence for the validity of that interpretation is presented. Thereafter, a discussion of the roles of conscious and nonconscious processes is provided within that framework.

Keywords:   Strüngmann Forum Reports, cognitive and emotional processes, confidence in decisions, conscious decision making, emotions, explanation-based judgment, institutional design, jury system, legal system (U.S.), knonconscious decision making

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