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Making Race Salient: Trayvon Martin And Implicit Bias In A Not Yet Post-Racial Society, Cynthia Lee

GW Law Faculty Publications & Other Works

This Article uses the Trayvon Martin shooting to examine the operation of implicit racial bias in cases involving self-­defense claims. Judges and juries are often unaware that implicit racial bias can influence their perceptions of threat, danger, and suspicion in cases involving minority defendants and victims. Failure to recognize the effects of implicit racial bias is especially problematic in cases involving black male victims and claims of self-defense because such bias can make the defendant’s fear of the victim and his decision to use deadly force seem reasonable. The effects of implicit racial bias are particularly likely to operate under …