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Anchors Away: Why the Anchoring Effect Suggests that Judges Should be Able to Participate in Plea Discussions
Social Science Research Network
The "anchoring effect" is a cognitive bias by which people evaluate numbers by focusing on a reference point-an anchor-and adjusting up or down. Unfortunately, people usually do not sufficiently adjust away from their anchors, so the initial choice of anchors has an inordinate effect on their final estimates. More than ninety percent of all criminal cases are resolved by plea bargains. In the vast majority of those cases, the prosecutor makes the initial plea offer, and prosecutors often makedoi:10.2139/ssrn.1672442 fatcat:qlb3yuxhargk5gp5o7fvmgotci