Law and Human Behavior
Volume 21, Number 5, 539-560, DOI: 10.1023/A:1024879824307

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American Psychology-Law Society, Division 41 of the APA

An Integration of Hindsight Bias and Counterfactual Thinking: Decision-Making and Drug Courier Profiles

Jennifer K. Robbennolt and Mark S. Sobus

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Abstract

Counterfactual thinking and hindsight bias have each generated separate, substantial bodies of research and provided insight into some areas of legal decision-making. An investigation of the relationship between Counterfactual thinking and hindsight bias in a situation in which both are implicated is presented in a legal decision-making context utilizing drug courier profiles and illegal search and seizure. The findings, which demonstrate each of these cognitive processes and show a pattern of results that supports an integrative relationship between them, are discussed in the contexts of social cognition and of legal decision-making. A suggested causal model of decision-making in this context is also presented. Specific implications of these findings for civil actions to remedy illegal searches are discussed.

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