In this chapter we explain key components of fuzzy-trace theory, aDual-process theory dual-process theory of memory, judgment, and decision makingDecision making. We use two examples from legalLegal decision making decision-making—how people make decisions about plea bargains in criminal law and howJuror decision-makingjurors awardCivil damage awards civil damage awards—to illustrate these core concepts. In particular, people independently form multiple representations of information in parallel: verbatim (surface level, precise details) and gist (bottom line, meaning based). These mental representationsMental representations influence judgment and decision-making in important and different ways. Reliance on gist emphasizes key categorical differences between decision options, whereas reliance on verbatim emphasizes precise differences between decision options and facilitates trading off probability and outcomes. People also tend to rely on the simplest representation of information that distinguishes between two options to make their decision; this principle is known as the fuzzy-processing preference. The tendency to rely on gist vs. verbatim also differs developmentally and among individuals. For example, adolescents tend to rely more on verbatim information. Additionally, reliance on gist representationsGist representations tends to cue relevant values that are stored in memory in gist form, thus incorporating such values into the decision-making process. Both of our examples from the legal field illustrate how gist andVerbatim representations verbatim representations explain important features of decision-making in life and work.

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Fuzzy-Trace Theory, Decision Making, and the Law

  • Jordan E. Roue,
  • Sarah M. Edelson,
  • Aadya Singh,
  • Valerie F. Reyna

摘要

In this chapter we explain key components of fuzzy-trace theory, aDual-process theory dual-process theory of memory, judgment, and decision makingDecision making. We use two examples from legalLegal decision making decision-making—how people make decisions about plea bargains in criminal law and howJuror decision-makingjurors awardCivil damage awards civil damage awards—to illustrate these core concepts. In particular, people independently form multiple representations of information in parallel: verbatim (surface level, precise details) and gist (bottom line, meaning based). These mental representationsMental representations influence judgment and decision-making in important and different ways. Reliance on gist emphasizes key categorical differences between decision options, whereas reliance on verbatim emphasizes precise differences between decision options and facilitates trading off probability and outcomes. People also tend to rely on the simplest representation of information that distinguishes between two options to make their decision; this principle is known as the fuzzy-processing preference. The tendency to rely on gist vs. verbatim also differs developmentally and among individuals. For example, adolescents tend to rely more on verbatim information. Additionally, reliance on gist representationsGist representations tends to cue relevant values that are stored in memory in gist form, thus incorporating such values into the decision-making process. Both of our examples from the legal field illustrate how gist andVerbatim representations verbatim representations explain important features of decision-making in life and work.