Exploring Implicit Biases In The Court System: A Lunch And Learn Recap

We recently had the privilege and pleasure of having Alfred Ray English present a captivating lunch and learn session for us, where we delved into the intriguing topic of implicit biases in the court system. Here are some insights we gained from this thought-provoking session.

Understanding Schemas and Mind Habits:

Ray English began by shedding light on the concept of schemas—mental shortcuts that help us organize and categorize information. Schemas are automatic and can influence our thoughts, judgment, and interpretations. While they serve us well in certain situations, they can also lead to discriminatory behaviors, inequity, and unfairness.

The Nature of Implicit Bias:

Next, we explored the definition of implicit bias. It refers to the unconscious attitudes or stereotypes that impact our understanding, actions, and decisions. These biases are involuntary and activated without our awareness. It's important to note that they encompass both favorable and unfavorable assessments, and they may not align with our declared beliefs or intentions.

Characteristics of Implicit Biases:

Ray emphasized that implicit biases are pervasive, affecting everyone, including those committed to impartiality like judges. These biases may not align with our explicit beliefs and can even favor our own in-group. However, research shows that we can still hold implicit biases against our in-group. The good news is that implicit biases are malleable and can be unlearned through various de-biasing techniques.

Origins of Biases and How They Creep In:

We explored how our implicit biases are shaped by the direct and indirect messaging we receive about different identity groups. Our brains process an astonishing amount of information, but only a fraction reaches our conscious awareness. This means that most cues are processed automatically and unconsciously, filtered through preexisting shortcuts—our implicit biases.

Types of Bias:

During the session, we delved into several types of bias, including confirmation bias, attribution bias, availability bias, and affinity bias. These biases can influence how judges, jurors, and legal professionals perceive and remember case facts, leading to unintended racial biases.

Systemic Concerns and Implications:

Implicit biases have far-reaching implications within the legal profession. With statistics showing a predominantly white and male workforce, it's crucial to recognize how bias can impact every decision point in a case or negotiation. From employment and litigation to prosecutorial discretion and jury selection, implicit biases can seep into various aspects of the legal system.

Interrupting Biases: Strategies for Change:

To address implicit biases, we must start by questioning our gut reactions, actively seeking evidence that contradicts our biases, and utilizing inclusiveness skills to foster a comprehensive perspective. Taking a moment to breathe and implementing safety mechanisms within organizations can also help mitigate biases and promote a fairer legal system.

Understanding Microaggressions:

Lastly, Ray touched upon microaggressions—subtle acts that demonstrate dominance and often stereotype or denigrate recipients. Microaggressions are based on the diversity of individuals, and recognizing them is crucial in our journey to disrupt biases.

The lunch and learn session with Ray English provided a thought-provoking exploration of implicit biases in the court system. By acknowledging our biases, understanding their origins, and implementing strategies to interrupt them, we can pave the way for a more equitable and just legal system. Let's continue the conversation and work towards a future free from the constraints of implicit biases.