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Full-Text Articles in Law
Fairness In The Exceptions: Trusting Juries On Matters Of Race, Virginia Weeks
Fairness In The Exceptions: Trusting Juries On Matters Of Race, Virginia Weeks
Michigan Journal of Race and Law
Implicit bias research indicates that despite our expressly endorsed values, Americans share a pervasive bias disfavoring Black Americans and favoring White Americans. This bias permeates legislative as well as judicial decision-making, leading to the possibility of verdicts against Black defendants that are tainted with racial bias. The Supreme Court’s 2017 decision in Peña-Rodriguez v. Colorado provides an ex post remedy for blatant racism that impacts jury verdicts, while jury nullification provides an ex ante remedy by empowering jurors to reject convicting Black defendants when to do so would reinforce racially biased laws. Both remedies exist alongside a trend limiting the …
Implicit Bias's Failure, Samuel Bagenstos
Implicit Bias's Failure, Samuel Bagenstos
Articles
The 2016 presidential election was a coming-out party of sorts for the concept of implicit bias-and not necessarily in a good way. In answering a question about race relations and the police during the vice-presidential debate, Mike Pence introduced the topic. Offering his explanation for why the Fraternal Order of Police had endorsed the Trump-Pence ticket, Pence said: