59 UCLA L. Rev. 1124 (2011-2012)
Implicit Bias in the Courtroom

handle is hein.journals/uclalr59 and id is 1138 raw text is: Implicit Bias in the Courtroom
Jerry Kang
Judge Mark Bennett
Devon Carbado
Pam Casey
Nilanjana Dasgupta
David Faigman
Rachel Godsil
Anthony G. Greenwald
Justin Levinson
Jennifer Mnookin
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.
AUTHOR
Jerry Kang is Professor of Law at UCLA School of Law; Professor of Asian American
Studies (by courtesy); Korea Times-Hankook Ilbo Chair in Korean American Studies.
Kang@law .ucla.edu, http://jerrykang.net.
Judge Mark Bennett is a U.S. District Court Judge in the Northern District of Ioxva.
Devon Carbado is Professor of Law at UCLA School of Laxv.
Pam Casey is Principal Court Research Consultant of the National Center for State Courts.
Nilanjana Dasgupta is Associate Professor of Psychology at the University of Massachusetts
at Amherst.
David Faigman is John F Digardi Distinguished Professor of Laxw at UC Hastings
College of the Laxw; Director, UCSF/UIC Hastings Consortium on Laxv, Science and
Healtb Policy; Profescor, UCSF Scbool ofMedcine, Dept. of Psychiatry

59 UCLA L. REV. 1124(2012)

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