The gambler’s fallacy, framing, anchoring and hindsight bias in judicial decision-making.

The gambler’s fallacy, framing, anchoring and hindsight bias in judicial decision-making.

Months before William had moved into a new house with his wife, Sarah. They were excited about their move to their new home. William and Sarah unlocked the door to their new house and waited for the furniture removal staff to arrive at the end of their driveway. As the removal van drove up the driveway the van struck the side of William and Sarah’s car, writing the car off. Several months later William and Sarah headed to court to claim for the damages of their car against the removal company. Over many years their lawyer had learnt to be careful in the way that she words her cases in court. Their lawyer asked the judges “How much would you award the plaintiff in compensatory damages?” rather than “We are claiming ‘x’ amount from the defendant.” William and Sarah’s lawyer had learnt that framing a case in such away could exploit the framing bias.

The judicial system is one of the most important systems in all countries with a court of law. Judges play a significant role in society deciding on the outcome of many cases and setting precedencies for future cases. The public expect judges to decide on the outcome of each case fairly, without systematic errors or bias. However, like any instance where a person must make a judgement or decision judges are subject to systematic biases.

One of the most important aspects of law for many people is immigration law. Asylum judges must make decisions that can determine the fate of the individual in court. The United States offers asylum to foreign national who can (i) prove that they have a well-founded fear of persecution in their own countries, and (ii) that their race, religion, nationality, political opinions, or membership in a particular social group is one central reason for the threatened persecution. In 2016 a study by Harvard academics investigated the use of heuristics and biases in the asylum courts of the United States (Chen et al., 2016). Chen and colleagues accessed data through a Freedom of Information Act request of 699 decisions that were made by 357 judges in 45 courts from 1985 to 2013. All cases in the US are handled on a first-in-first-out basis with no quotas as to how many individuals are granted, or not granted asylum. On analysis of the data Chen et al found that judges were subject to the gambler’s fallacy. Judges were more likely to grant (or deny) asylum after denying (or granting) asylum to a previous applicant. The judges presiding over the fate of the asylum applications believes in a representation of randomness, as such, they were more likely to alternate between granting and denying asylum.

Post 6 - image 1.png

There are many other heuristics and biases that play an important role in the judicial decisions of judges in the US these include framing (as demonstrated by William and Sarah’s lawyer), anchoring, and the hindsight bias. In a joint study with Cornell Law School researchers at a major conference issued questionnaires to 167 federal magistrates. The questionnaires contained examples of cases that a court judge would preside over. From the responses to the questionnaires Guthrie et al (2002) found that judges were subject to anchoring in personal injury claims, framing in copyright action cases, and the hindsight bias in cases of medical negligence.

Post 6 - image 2.png

A retrospective study by Rachlinski et al (2000) examined the effect of the hindsight bias on decisions in real court cases. The hindsight bias is a mental shortcut that states that we have an inclination, after an event has occurred, to see that the event was predictable. The researchers found that judges failed to appreciate the problems associated with judging an event from hindsight. One example (Chase v. Pevear) from the Supreme Judicial Court of Massachusetts decided that the trustees of two high risk investments should have known the outcome of the investments with a nearly omniscient ability. In the case of First Alabama Bank v. Martin the Alabama Supreme Court held that another group of high risk, high yield equities were speculative, as shown by the fact that trustees lost money by selling ‘at the bottom of the market.’ The courts in both cases assumed that the investors should have known that the price of the equities were recovering, and hence the trustees should not have sold them. One court even held a trustee liable for failing to predict the stock market crash of 1929.

The public expects our judges to make well balanced judgements and decisions without falling for cognitive biases. As humans tasked with make important decisions the judicial system is not isolated from any of the shortcuts that we use to make decisions. For William and Sarah seeking their compensation for the damage to their car the experience that their lawyer had with the framing bias came in useful. In many of other cases, such as with the example of the gambler’s fallacy in the asylum courts these cognitive biases and mental shortcuts can become problematic. We have seen how the framing bias, anchoring heuristic and hindsight bias are all important when making decisions, even at the highest levels of decision-making in society.

 

 

 

Advertisements

The anchoring and adjustment heuristic in real estate transactions.

The anchoring and adjustment heuristic in real estate transactions.

Jack and Sally were looking forward to buying their first house. Like many of us they browsed real estate websites and searched through the real estate agent shop windows looking for that ideal first home. As Jack and Sally browsed the potential properties they kept in mind their budget. Jack made note of a few potential properties with the correct number of bedrooms, bathrooms, reception rooms and garden size whilst noting the seller’s asking price. Eventually after visiting a few properties for viewings they decided to put an offer in for one of the properties. Jack noticed the asking price saying that it was above their budget and for a moment began to lose hope. After discussing with Sally as to how much to offer for the house Sally reminded Jack that although the house was on offer for £500,000 they could in fact put in an offer below the asking price. Jack and Sally went on to offer £450,000 and after some consideration the seller agreed to the price. Jack and Sally won the property that they wanted to buy and in the process demonstrated one of the most prevalent cognitive biases in human decision-making, namely the anchoring effect.

door-keys

The anchoring effect (also called the anchoring and adjustment bias or anchoring and adjustment heuristic) is one of the cognitive biases that occurs most often when making a judgement about the quality, value or worth of an item. The effect works because when you are given a number (e.g., 1200 meters) that relates to a property of an item (the quality etc) with a question about that property you are likely to, whether knowingly or not, anchor your judgement by using the number as a reference point (i.e. the anchor). Imagine a boat tethered to a lowered anchor, the boat cannot move far from the anchor and remains within range of the length of the tether. We typically do not deviate a lot from the anchor. The anchoring effect has been observed to influence factors such as charitable giving, price valuations, fairness judgements, loyalty judgements, judgements of guilt, and prosocial motives among many other factors (Soule & Madrigal, 2015). The anchoring effect is just one of many cognitive biases that influences our judgements in a systematic and predictable fashion. It is simply easier to accept the anchor (e.g., the house seller’s asking price) and adjust closely to the anchor (e.g., £50,000 less rather than £150,000) than to make an entirely new judgement about something (e.g., the value of the house).

In the case of Jack and Sally there is a clear anchoring effect (albeit to no negative effect to the seller). Jack and Sally see the initial asking price (the anchor) and consider making offers that are close to this, they are anchored by the seller’s asking price. Of course, in the case of buying a house deviating from the asking price by too much (toward a lower price) will result in a rejected offer.

It is important to understand the anchoring effect because prices are by nature simple numeric information that can act as the anchor or reference point. Since the majority of the most agonising judgements that we must make in life revolve around pricing (e.g., buying that first house, holiday home, car or a big holiday) understanding the role of cognitive biases in decision-making is important. To avoid falling into the trap of the cognitive biases we should make ourselves aware of these biases. We are not the rational decision makers that we think we are.

anchor

One large study investigating the anchoring effect in residential home sales recorded data from 14,000 separate transactions (Bucchioneri & Minson, 2013). The researchers noted that the literature on housing economics, negotiations and auctions converge on the notion that home prices are an objective function of the property’s neighbourhood and characteristics (e.g., number of rooms, size of the house and characteristics). However, as we have seen above the judgement and decision-making literature on the anchoring effect suggest that there is a positive relationship between the listing price (asking price) and the sale price. The analysis of the 14,000 transactions found that higher asking prices are associated with higher sales prices independent of the property’s features, which is consistent with the anchoring effect. For the average property in the study overpricing by 10 to 20% lead to an increase in sales price because buyers were anchored by this higher sales price. So, whether a property has 5 large bedrooms in a desirable area of the countryside or 2 small bedrooms in a noisy part of a city asking for higher price for the 2-bedroom property (compared to the 5-bedroom property) could result in a higher sales price than the 5-bedroom property despite the larger property being initially more desirable than the smaller.

In the domain of property rentals the same study by Bucchianeri and Minson found that by adopting the same strategy of overpricing the asking rental price by 10 to 20% there was an increase in rental value of $117 to $163.

The data from transactions on house sales and rental pricing suggest that although we tend to believe that it is the characteristics of a property that determines the value of the property this is not the case. Pricing strategies are the major determiner of the value of the property. So, whether you are buying you first starter home, buying your dream family home, renting your house or looking to rent a house being aware of the anchoring effect will save you or make you more money. If you are selling your house to take full advantage of anchoring set your asking price 10-20% higher than the valuation, after all, if your property does not sell you can simply reduce the price at a later point. If like Jack and Sally you are buying your first home, to take advantage of the anchoring effect you can start by being aware that the asking price is not absolute, you can put in a lower offer if this is reject simply increase the offer by a small amount.

The finance room