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Implicit Bias in the Courtroom

Year: 2012
Type: article
Abstract: Given the substantial and growxing scientific literature on implicit bias, the time has now come to confront a critical question: What, {anything, should we do about implicit bias in the courtroom?The author team comprises legal academics, scientists, researchers, and even a sitting federal judge who seek to answer this question in accordance with behavioral realism.The Article first provides a succinct scientific introduction to implicit bias, with some important theoretical clarifications that distinguish betwx een explicit, implicit, and structural forms of bias.Next, the Article applies the science to two trajectories of bias relevant to the courtroom.One story follows a criminal defendant path; the other story folloxvs a cixil employment discrimination path.This application involves not only a focused scientific reviexw but also a step-by-step examination of hoxv criminal and civil trials proceed.Finally, the Article examines various concrete intervention strategies to counter implicit biases for key players in the justice system, such as the judge and jury.
Authors: Kang, Jerry, Bennett, Mark W, Carbado, Devon W., Casey, Pamela, Dasgupta, Nilanjana, Faigman, David L., Godsil, Rachel D., Greenwald, Anthony, Levinson, Justin D., Mnookin, Jennifer
Institutions: University of California, Los Angeles, Drake University, National Center for State Courts, University of Massachusetts Amherst, University of California Hastings College of the Law, Rutgers, The State University of New Jersey, University of Washington, University of Hawaiʻi at Mānoa
Language: English
Subfield: Law
Open Access status: green
OpenAlex ID: W2582649076
FWCI: 84.83
Cites:
Cited by: 167
Related to: 10