Danny Marrero

Danny Marrero
Pontificia Universidad Javeriana · School of Law

About

9
Publications
634
Reads
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10
Citations
Citations since 2016
3 Research Items
10 Citations
20162017201820192020202120220.00.51.01.52.02.53.0
20162017201820192020202120220.00.51.01.52.02.53.0
20162017201820192020202120220.00.51.01.52.02.53.0
20162017201820192020202120220.00.51.01.52.02.53.0
Additional affiliations
January 2016 - present
The Colombian Office of the Attorney General
Position
  • Senior Researcher

Publications

Publications (9)
Article
Full-text available
The rhetorical view (R) suggests that the goal of factual ar-gumentation in legal proceedings is to persuade the fact-finder about the facts under litigation. However, R does not capture our social expectations: we want fact-finders to know the facts justifying their decisions, and persuasion does not necessarily lead to knowledge. I want to presen...
Chapter
Full-text available
This paper outlines an agent-centered theory of argumentation. Our working hypothesis is that the aim of argumentation depends upon the agenda agents are disposed to close or advance. The novelty of this idea is that our theory, unlike the main accounts of argumentation, does not establish a fixed function that agents have to achieve when arguing....
Chapter
Full-text available
This paper outlines an agent-centered theory of argumentation. Our working hypothesis is that the aim of argumentation depends upon the agenda agents are disposed to close or advance. The novelty of this idea is that our theory, unlike the main accounts of argumentation, does not establish a fixed function that agents have to achieve when arguing....
Chapter
The main goal of this paper is to outline an agent-centered theory of argumentation. Our working hypothesis is that the aim of argumentation depends upon the agenda agents are disposed to close or advance. The novelty of this idea is that our theory, unlike the main accounts of argumentation (i.e., rhetorical, dialogical and epistemological theorie...
Article
Scanlon (2008) has argued that his theory of permissibility (STP) has more explanatory power than the Doctrine of Double Effect (DDE). I believe this claim is wrong. Borrowing Michael Walzer’s method of inquiry, I will evaluate the explanatory virtue of these accounts by their understanding of actual moral intuitions originated in historical cases....
Article
Full-text available
En la segunda mitad del siglo XX la lógica del derecho realizó un cambio de enfoque fundamental: dejó de ser una "lógica de las normas" para ser una "lógica de los juristas". Ahora ella no solamente ofrece explicaciones de la estructura del sistema normativo y/o de las proposiciones normativas; también trata de explicar el razonamiento y la argumen...
Article
El presente artículo ofrece una respuesta a la siguiente pregunta: ¿cómo son posibles las reconstrucciones incompatibles de un mismo acontecimiento histórico? La respuesta a la pregunta es simple: ello es posible gracias a la naturaleza de los discursos que intentan reconstruir hechos del pasado. Ellos generan relaciones de acontecimientos del pasa...

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Projects

Project (1)
Archived project
Criminal procedures are generally understood as epistemic engines inquiring about the truth of the facts under litigation. However, this engine is brought to a standstill by the cognitive bias of the legal agents in charge of running it. To illustrate, empirical studies show that criminal investigators and prosecutors are especially vulnerable to confirmation bias. In relevant literature, confirmation bias is understood as the universal, irresistible and incorrigible tendency of human beings to favor the evidence justifying hypotheses, beliefs or expectations previously endorsed and to ignore, or not give enough importance to the evidence disconfirming them. The tendency of criminal investigators and prosecutors is to focus on a suspect, producing, selecting and interpreting evidence leading to a conviction and overlooking, minimizing or distrusting the evidence leading to an acquittal. If this is right, confirmation bias should be reduced. The intuitionistic view holds that ""teaching facts about biases, including a taxonomy of biases and their various propensities to distort reasoning, is a reasonably effective means of providing [legal agents] ... with skills enabling the detection and mitigation of biases" (Kenyon & Beaullac, 342). Nonetheless, the effectiveness of this view has been questioned by empirical studies showing our bias blind spot (i.e., the tendency to identify biases more readily in others than in ourselves). If this is right, we should not expect legal agents to be able to use their knowledge of confirmation bias to identify and reduce their own bias. Instead, we should apply social epistemology and institutional design to provide the infrastructure of thought facilitating bias reduction (Kenyon & Beaullac, 348-349). I want to present the response to this challenge that the Department of Advanced Studies of the Colombian Office of the Attorney General, under the advice of the Office of Overseas Prosecutorial Development, Assistance and Training of the U. S. Department of Justice, under my coordination, has propose to educate Colombian prosecutors who are brand new to the system. The objective of this program is to have experienced prosecutors as instructors help new prosecutors to develop the basic skills they need to successfully intervene in Colombian criminal procedure. Shortly, one of the skills a prosecutor should develop is to be able to select relevant information for legal decision-making. Teaching these skills is done using a matrix those of us running the program have created where the prosecutors being trained are expected to array elements such as the relevant legal sources, the available evidence and the future path for a criminal investigation in rows and columns. Our working hypothesis is that this tool facilitates the solution of problems of real criminal cases. Having created an impact evaluation constituted by two tests, our area is able to evaluate the impact of this strategy. While the first one identifies the knowledge and skills the prosecutors to be trained have before the program, the second one assesses the knowledge and skills the prosecutors acquired in the program. Those tests show that prosecutors trained in the use of our matrix identify better relevant facts, and, as a consequence, reduce bias. This not only shows the importance of the use of external tools in the teaching of critical thinking, but al so the fundamental role of the institutional design for the proper functioning of criminal procedures.