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- Title
Implicit Bias and Jury Trials: A Report on an Experiment in Washington.
- Authors
McGowan, Dave
- Abstract
This article explores the concept of implicit bias in jury trials, using two cases from Washington as examples. It discusses how implicit bias is being addressed in legal education, jury instructions, and juror selection. The article also examines the challenges of using implicit bias rhetoric to assess verdicts and proposes alternative approaches. The cases of Henderson v. Thompson and State v. Berhe illustrate the complexities of addressing implicit bias in the courtroom. The article highlights the need to address unconscious stereotyping and implicit racial bias, while also considering the potential limits and implications of such approaches. The goal is to create a fair and welcoming environment in courthouses, but the practical effects of these efforts may be complicated. The article emphasizes the importance of avoiding stereotypes and ensuring that trials are based on evidence rather than biases. It suggests that trial judges should have the power to determine impermissible arguments and impose appropriate sanctions, without requiring a finding of intent. Overall, the article argues for a balanced approach that respects the interests of both parties and jurors in a fair trial.
- Subjects
WASHINGTON (D.C.); IMPLICIT bias; IMPLICIT learning; JURY; LEGAL judgments; PSYCHOTHERAPY; CRIMINAL procedure; CRIME &; the press; JURY trials
- Publication
Brief, 2023, Vol 53, Issue 1, p42
- ISSN
0273-0995
- Publication type
Article