Implicit Bias In The Courtroom

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From Lawyers to Judges: Implicit Bias in the Courtroom
According to the National Registry of Exonerations, one in twenty five people on death row is likely innocent (Ferner).How could there be so many wrongful convictions? One of the largest causes may be bias within the courts. Implicit bias in the American judicial system may seriously impact the underprivileged in receiving impartial verdicts in the legal system and access to quality lawyers.
The Kirwan Institute for the Study of Race and Ethnicity recognizes implicit bias as “the attitudes or stereotypes that affect our understanding, actions, and decisions in an unconscious manner”(p1). This bias is often undetected by the person who holds it, making it difficult to confront. In fact, …show more content…

Judges are among the elite in American society, with average salaries ranging from $105,050 to $204,599 a year. The median household, by comparison, made only $45,445 in 2010 (Neitz 142). As a result of this, and the status given to judges, many judges have “life experience different than those of lower-income people” (Neitz 143). Because empathy lies among those closest to oneself, it is considerably more difficult for judges to have an understanding of the experiences of the lower class. Judges are also affected by the expectation to remain impassive in rulings. Indeed, many judges pride themselves on being unemotional, or even state it a necessary quality for good judges. According to one judge, “Empathy, of course, should play no role in judge’s determination of what the law is . . . We do not determine the law or decide on cases based on ‘feelings’ or emotions or whether we empathise with one side or the other” (Wistrich). However, no one can ever truly throw away their biases and leanings (Sarine). Because of this, judges’ biases are nearly impossible to confront, they instead flourish in darkness. And juries are no better. Minority exclusion is common, and arduous to address. After all, it is often unclear when juror exclusion is biased, especially when bogus reasons for juror exclusion are accepted. Some jurors have been taken to …show more content…

Many are unable to afford such services, leading to two thirds of critical cases without lawyers (Bronner). Overloaded, the financial aid programs created to assist citizens are forced to turn away those in need due to overload. Lawyers, to make money, are concentrated in urban, wealthy areas instead of the poor and rural areas that require most help. All of this culminates in a disheartening way: the US is ranked 66th out of 98 countries on lawyer access (Bergmark). Even for citizens that can obtain a public defender, there is struggle. America's public defenders are severely overworked, tackling 5.5 million total cases per year. Many are forced to take on hundreds or even thousands of cases more than the American Bar Association recommended number of 150 felonies or 400 misdemeanors (Van Brunt). As a result, defenders turn down cases from overload. Despite the high caseloads, defenders are severely underfunded, and forced to work long hours to make up for it. Consequently, defenders have no time for cases and sometimes even first meet their clients in court. These defenders spend less than hour per case to have time to finish all of them. According to Tina Peng, a New Orleans public

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