Last month I shared the profound recognition that "some people are better than others at making decisions." A sentence intended to innocuously state something universally understood as true. However, my annoying need to challenge every contention expressed by myself or others has led me to conclude that this statement is probably incorrect. There are certainly people who are more adept at weighing information and making deliberate decisions in a timely manner, but most of us are equally-proficient at making the endless stream of decisions necessary to keep us alive, productive, and predictable. Importantly, the majority of the decisions, both big and small, which we make each day are actually made below the level of our conscious awareness. These covert processes which control our thoughts and behaviors also affect and determine the quality of our interactions with other people. Given our increased inability to relate to one another, it would be helpful if we acknowledged and better understood some of these cognitive processes.

Unfortunately, I do not yet have any solid suggestions on how to gain control over these automatic and unconscious decisions. Nevertheless, I thought it might be helpful, and maybe interesting, to revisit some of the cognitive biases we studied in Psychology 101. These cognitive shortcuts, which are utilized by our brains for efficiency and resource-conservation, undoubtedly impact our lives, and our trial outcomes, on a regular basis.

In super-fun Jeopardy-format, several potentially-adverse courtroom impacts are set forth below, followed by the identification of the specific cognitive shortcut/bias implicated.

1. This cognitive shortcut causes you to believe that the Defendant engaged in certain behavior because that is simply "who the person is" or "how the person is hard-wired." Answer: What is a Fundamental Attribution Error? This is the tendency to over-emphasize dispositional or personality-based explanations for behaviors observed in others while under-emphasizing situational explanations. We assume that a person's actions depend on what "kind" of person that person is rather than on the social and environmental forces that influence the person.

2. This cognitive shortcut causes you to judge the nature or culpability of the Defendant's conduct by focusing solely on the outcome. Answer: What is Outcome Bias? This is the tendency to blame people for negative outcomes regardless of their intentions or decision-making process. True decisions are made under conditions of uncertainty and must be evaluated by considering the information available at the time the decision was made. This bias improperly ties bad outcomes to bad decisions.

3. This cognitive shortcut causes you to agree with certain conclusions because they are adopted by other members of the jury. Answer: What is the Bandwagon Effect? This is the tendency to adopt behaviors or beliefs, not because of their legitimacy, but because others have expressed or endorsed them. The more people you know with similar beliefs or who engage in similar actions, the more likely you will conform. More conformity increases the bandwagon effect.

4. This cognitive shortcut causes you to be overly-influenced by the information provided in the initial opening statement. Answer: What is Anchoring Bias? Also known as "first impression bias," this is the tendency to leap to conclusions based solely on information provided early in a trial, or in another type of encounter. We evaluate subsequent information through the prism of this initial "anchor" information, and inappropriately give more weight to it.

5. This cognitive shortcut causes you to believe the testimony offered by witnesses who are more attractive, and to be persuaded by attorneys who appear more confident. Answer: What is the Halo Effect? This is the tendency for our initial impression of a person to influence how we think about them in other situations or contexts. This bias leads us to believe that (i) people who are good-looking are also smarter, kinder and funnier than less-attractive people; (ii) efforts made by attractive people are more valuable; and (iii) confidence equates to competence and intelligence.

6. This cognitive shortcut causes you to inappropriately disregard or discount any evidence that contradicts your initial reactions and beliefs about a case or a Defendant. Answer: What is Confirmation Bias? This is the tendency to acknowledge only information that confirms our existing beliefs. It can occur through biased searches and/or biased interpretation. Our instinctive inclination to do what makes us feel good causes us to listen to and respect only data that aligns with our own preexisting viewpoints.

7. This cognitive shortcut causes you to empathize with a Defendant or a victim because they have backgrounds or experiences similar to your own. Answer: What is Similarity Bias? This is the tendency to see ourselves and those similar to us in a favorable light. We instinctively create "ingroups" and "outgroups," and generally react positively to those we see as similar to us (those in our ingroup). We have skeptical and negative views of those we perceive as different from us (those in the outgroup).

8. This cognitive shortcut causes you to attribute characteristics to a Defendant based on the probability that "someone like the Defendant" would have those qualities. Answer: What is the Representativeness Heuristic? This is the tendency to make a decision by comparing the present situation to the most representative mental prototype available to us. For instance, when judging credibility, a sweet older woman might remind you of your grandmother, so you assume that she is trustworthy - like your grandmother.

9. This cognitive shortcut causes you to be horrified by commonplace circumstances or ordinary behavior due to the dramatic manner in which these events are presented or described. Answer: What is Framing Bias? This is the tendency to make decisions based on how facts are presented instead of on what the facts objectively represent. This bias travels the spectrum from persuasion to manipulation and is the favorite tool of many.

The recognition that we all utilize these cognitive shortcuts on a regular basis, both inside and outside of the courtroom, should give us pause before reaching a conclusion, formulating an opinion, or passing judgment on other people.