Information Contamination in Bifurcated Trials: Friend or Foe?
By Natalie Gordon, M.A., DOAR analyst Do you want the good news or the bad news first? We are all familiar with this phrase, and when we use it, it is because we are hoping the bad news will be mitigated by the good news. In other words, we want the positive feeling from the good news to spill over and lessen the blow of the bad news. Concerns about so-called “spillover effects” abound in the legal system. As a result, trial separation (“bifurcation”) is used in cases where evidence about one decision might bias a separate, but related decision.