English (United Kingdom)

https://curated-unify.zendy.io/wp-json/zendy-region/v1/featured_content/oa?rat=en

https://curated-unify.zendy.io/wp-json/zendy-region/v1/highlighted_journal/

Global: Zendy Plus annual

Presents the access of premium content as premium feature

Premium Content

Presents the keyphrase highlighting as premium feature

Keyphrase Highlighting

Presents the summarisation as premium feature

Summarisation

Insights

Presents the pdf analysis as premium feature

PDF Analysis

Presents the zaia usage as premium feature

ZAIA

Global: Zendy Tools annual

Global: Zendy Free Plan

Global: Zendy Tools monthly

Global: Zendy Plus monthly

The research concepts of cognitive biases - predictable systemic cognitive mistakes - are being actively developed and used in different areas. A series of experiments showed that criminal proceedings participants also fall under the influence of cognitive biases and heuristics. Irrational assessments of judges, investigators, prosecutors, etc. could have a negative impact on crime investigation and sentencing because these processes should be rationalized as much as it is possible. The author summarizes the available information on systemic cognitive mistakes, analyzes some types of cognitive biases typical of professional participants of criminal proceedings and examines the unfavorable consequences of their impact using the data of court statistics for 2018. It is proven that one of the available ways of overcoming the negative effects of cognitive biases is the recommendations of plenary sessions of the Supreme Court of the Russian Federation. At the same time, its Decrees could acts as triggers of cognitive biases. The article presents an analysis of the Decrees of plenary sessions of the Supreme Court that proves the existence of contradictions between the objectives of presented recommendations and their actual impact on the professional participants of criminal proceedings due to the emerging cognitive biases. In this connection, the author raises the question of the necessity of changing recommendations given in the Decrees of the Supreme Court. Specifically, the author presents a new edition of the Decree of the plenary session of the Supreme Court «On the Practice of Imposing Criminal Penalties by Courts of the Russian Federation» of Dec. 22, 2015 No 58 with changes in the part that regulates taking into account the circumstances characterizing the personality of the defendant. Besides, in order to improve the law enforcement practice on cases of self-defense, the author suggests reconsidering the whole concept in the Decree of the Plenary Session of the Supreme Court «On the Application of Self-Defense Legislation by Courts and on Infliction of Harm during the Apprehension of a Person who Committed a Crime» of September 27, 2012 to reduce the impact of retrospective bias while adjudicating on cases of defense against attacks.

vserossijskij kriminologičeskij žurnal

An Analysis of the Decrees of Plenary Sessions of the Supreme Court of the Russian Federation from the Standpoint of Cognitive Biases of Criminal Proceedings' Professional Participants