Reducing the Hindsight Bias Utilizing Attorney Closing Arguments

In the legal system, jurors are asked to render a decision after the event in question has already occurred and the final outcome, typically negative, is known. This "after-the-fact" structure of the legal system makes jurors susceptible to a human judgment phenomenon known as hindsight bias. This study focused on reducing hindsight bias in a courtroom context by incorporating a debiasing strategy within the defense's closing argument. Subjects viewed one of three videotaped versions of plaintiff and defense closing arguments in a commercial litigation case (i.e., foresight condition, hindsight condition, and hindsight debiasing condition). Results indicate that the hindsight debiasing strategy was effective in reducing subject-juror hindsight bias.