Confirmation Bias

When giving your evidence at court it is so important to be balanced in the way you present whatever you have to say. But it is so easy to be guided only by what you want or expect to see.

An example of this which sticks out in my mind occurred when I was stopped by the police for allegedly driving through a red light, many years ago in central London.

I knew I hadn't as the light was on amber as I approached and drove through it, but it was 'a close call.'

As a result, I had to attend court and was fortunate enough to be in a Social Work placement where I had a Practice Teacher who was a lawyer, and provided he me with the exact legal information and advice I needed at the time.

On the day I attended court I was stunned to see a long line of about 40 young men, just like me, waiting at court. And when I say they were just like me, I mean that with the exception of one or two young men, the rest were all black.

They all received fines, points on their licence or disqualifications.

I however, did not because I used the knowledge I had learned from my Practice Teacher and applied it at the appropriate time when speaking to the judge. I'd said: "Essentially it comes down to my word and the police officers word, and I do not consider that to be proof beyond reasonable doubt."

The judge agreed with me.

But I was left thinking about all the other young men who the police had stopped. How many of them were innocent in exactly the same way I had been?

The police officer, I am sure if asked, would simply have said that he or she was doing their job. And this was true, but they were doing their job in a way that I would suggest is an example of confirmation bias.

They targeted predominantly black men. I can only assume they did this because they believed that black men tend to break the law, and because of this view or belief, those were the people they focused their attention on (and went out of their way to try to convict- I had not broken the lights).

Confirmation bias then is the same or similar to a self fulfilling prophecy, because your own bias acts unconsciously to confirm or ensure that which you already believe or want to see.

Often we are able to see others make this mistake, but are less able to see ourselves doing so.

Whilst preparing to give written and verbal evidence then, it is critical to really look at all angles and, if possible, talk your evidence through with someone who is able to offer you a balanced perspective, as opposed to someone who is inclined to merely 'rubber stamp' your view.