The Ethical But Cognitively Biased Prosecutor: A New Explanation For Wrongful Criminal Convictions?
Burke discusses the issue of wrongful criminal convictions with a focus on the role that prosecutorial decision making may play in such cases. Traditionally, the study of prosecutorial decision making has focused on the rhetoric of fault, attributing flawed prosecutorial decisions to bad prosecutorial intentions and widespread prosecutorial misconduct. Professor Burke explains prosecutorial decision making from a cognitive perspective. Drawing on the psychological literature on cognitive bias, she argues that even virtuous prosecutors may make inappropriate decisions that result not from flawed values, but from limits in human cognition.
Burke, Alafair, "The Ethical But Cognitively Biased Prosecutor: A New Explanation For Wrongful Criminal Convictions?" (2006). Hofstra University Distinguished Faculty Lecture Series. 1.