Psychology and the Law: Opportunities to Improve Legal Practice, Decision-Making and Inclusivity

This CPD considers the intersection between law and psychology and how research in psychology can be used to improve legal practice. Join speakers Justice Elisabeth Peden, Supreme Court of NSW and Daniel Tynan, 12 Wentworth Selborne Chambers.

Psychology has made many contributions to improving the practice of law, eg, research on the fallibility and reliability of witness memory.

But there are many more opportunities for interdisciplinary learning, in particular, the role of cognitive biases in decision making.

These biases effect decision making and the practice of law at all levels, eg, the truth effect bias – the very practice of drafting and re-reading affidavits can result in witnesses overstating the certainty with which they recall events, which may not accord with what in fact occurred.

Other decision-making biases are relevant to the operation of substantive areas of law, eg, how do courts determine what is a reasonable consumer when assessing whether a consumer has been misled– does this take account of current research on how consumer’s actually make decisions and the cognitive biases that affect decision-making.

Another area of interest is whether we can detect whether witnesses are lying. Research demonstrates that the behavioural indicators commonly associated with lying (eg averting one’s gaze) are among the worst predictors for assessing lying. This has consequences for how credibility is assessed.

Through these and other examples I wish to emphasise the contributions research in the field of psychology can make to improving the practice of law

Please note: Only NSW barristers or members of the NSW Bar Association can register for CPD’s or webinars.