Objectivity and consistency in judgement are expected from public officials; unfortunately, they cannot always be expected from human decision makers. Both are often lacking in moral choices, in part due to the dynamics of moral choice making. Literature in this field highlights the ways in which human judgement is misled by unconscious bias. For instance, structures within an integrity system and throughout the public sector should secure the independence of regulatory judgement (OECD, 2017[30]; OECD, 2017[31]). Biases and the resulting discrimination most affect those decisions that rely heavily on human judgment. Indeed, the success of some integrity policies depends heavily on objective judgement, for example in areas such as conflict-of-interest management, auditing, and internal control or recruiting. The design of such policies therefore needs to take into account the biases in human decision making.
A famous experiment by (Loewenstein et al., 1993[32]) illustrates biased judgement. All participants were given the same detailed information about a car accident in which a car had hit a motorcyclist. Some were assigned the role of plaintiff (on behalf of the motorcyclist), while others acted as the defendants of the car driver. The participants were then asked how they would expect a judge to rule in this case. If their answer came close to the correct ruling they could earn money. Despite the incentive to be objective, the two groups provided significantly different interpretations of a fair settlement. Although the participants had no real interest in the case, simply adopting the hypothetical position of either defendant or plaintiff biased their judgement.
Self-serving bias can lead to favouritism not only towards oneself, but also with respect to a group. People tend to assess members of their own group more forgivingly. In an experiment, British and US American participants were presented a media article on torture and later asked what they thought. The participants were found to be more likely to judge the torture as justified when the article stated that it had been carried out by their own security services, rather than those of another country (Tarrant et al., 2012[33]). Additionally, psychological closeness can lead to lenient judgements. Some people feel closer than others, either due to direct personal knowledge or because they seem similar in some respects. Judgement therefore tends to be biased when making decisions concerning these people (Bazerman and Tenbrunsel, 2011[20]); (Chugh, Bazerman and Banaji, 2005[34]). Holding someone in high regard but meanwhile recognising an unethical behaviour of this person creates a cognitive dissonance – a condition that is psychological burdensome. The mind tends to immediately seek justifications to harmonise the conflicting observations. As a result, people are less likely to notice unethical behaviour that contradicts their beliefs about a person or group they are sympathetic towards.
In light of this research, policy makers should be aware that bias can lead to conflicts of interest that might not be obvious at first sight. Aspects that are usually desirable for public officials, such as a strong identification with the institution, high trust and close bonds between team members, can present an integrity risk in some situations. While it is rarely feasible to isolate individual decision makers from such potential invisible conflicts of interest, risk mapping could recognise unconsciously biased decision making as an integrity risk.
Because self-serving bias is not deliberate it is not effectively addressed through harsh punishments or continuous control. However, the way in which choices are presented can prevent biased decisions. Integrity policies could ensure that at-risk decision makers are able to distance themselves from potentially biasing factors. In some settings, blind judgment is an option. When participants in the plaintiff-defendant experiment read the information before they were assigned their role as plaintiffs or defendants, they came to more convergent assessments of the case (Babcock et al., 1995[35]). The same could apply, for example, to procurement officers reviewing an offer without knowledge of the identity of the provider.
Requiring argumentation both for and against a choice before making a final decision can guide individuals towards better judgement. Asking subjects to list the weaknesses in their own argument has been shown to significantly reduce self-serving bias (Babcock, Wang and Loewenstein, 1996[36]). Where relevant, two individuals could be asked to argue for one option each and then bargain over the best choice.