Implicit Racial Bias and Public Defenders
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Implicit Racial Bias and Public Defenders
JESSICA BLAKEMORE*
INTRODUCTION
African American men are significantly more likely to be incarcerated than
either white or Hispanic men, and throughout the American criminal justice
system, black Americans face a significantly greater chance of arrest, conviction,
sentencing, and incarceration than white Americans. It is likely that soon, one
third of African American men will have spent time in prison.1 While there are
many reasons for this disparity, implicit racial bias plays a role at each stage of
the criminal justice system. From investigation through arrest, plea negotiation
and trial, those responsible for keeping the peace and administering justice must
make decisions rapidly, and with imperfect or incomplete information. In that
context, implicit racial bias results in significant disparity in racial outcomes.2
The effects of implicit racial bias tend to be most pervasive in situations where an
overworked and overburdened individual must make a decision that impacts an
individual of a different race. While it impacts many individuals at all levels of
the criminal justice system, the effect of implicit bias on the work of public
defenders, as they struggle to manage challenging caseloads, is especially
noteworthy. Public defenders across the country are burdened by un-
realistically heavy workloads, requiring them to triage and make complex
decisions rapidly and often without all relevant facts. Unbeknownst to them, they
often are influenced by subconscious bias as they make these decisions.
This Note will seek to define the problem of implicit racial bias and its impact
on defendants represented by a public defender, and shall seek to identify ways to
mitigate these problems. Part I of this Note will introduce the idea of implicit
racial bias, and Part II will discuss the studies on the impacts of implicit racial
bias in the criminal justice system. Part III of this Note will examine why implicit
racial bias poses a particular problem in public defender offices. In Part IV, this
Note will discuss ways to reduce the impact of implicit racial bias on defendants
represented by a public defender, including an examination of current ethics
rules, and proposals for specific implicit racial bias training for public defenders.
* J.D., Georgetown University Law Center (expected May 2016); B.A. Barnard College, Columbia
University (2007). © 2016, Jessica Blakemore.
1. REPORT OF THE SENTENCING PROJECT TO THE UNITED NATIONS HUMAN RIGHTS COMMITTEE REGARDING
RACIAL DISPARITIES IN THE UNITED STATES CRIMINAL JUSTICE SYSTEM, THE SENTENCING PROJECT 1 (Aug. 2013),
http://sentencingproject.org/wp-content/uploads/2015/12/Race-and-Justice-Shadow-Report-ICCPR.pdf [https:II
perma.cc/9WBB-75SP] [hereinafter SENTENCING PROJECT].
2. Id. at 3-4.](ViewImageLocal?handle=hein.journals/geojlege29&div=33&collection=&method=preview&ext=.png&size=3)
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Implicit Racial Bias and Public Defenders
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