Practice Tip: How to Tackle Implicit Bias in the Courtroom

If you think implicit bias in the courtroom may be at issue in your next federal trial, consider filing a motion, asking the court for permission to do the following:

(1) Use a case-specific juror questionnaire that includes questions geared towards uncovering racial prejudice and implicit bias;

(2) Play this Western District of Washington juror orientation video on implicit bias to potential jurors;

(3) Give a preliminary instruction to potential jurors about implicit bias (also based on the W.D. Wash. materials); and

(4) Permit 30 minutes of attorney-led voir dire, including questions based on the What Would You Do?

To learn more, check out these law review articles on implicit bias in the courts. 

Unraveling Knot of Implicit Bias in Jury Selection (implicit bias)

Implicit Bias in the Courtroom (implicit bias)

215 Motion for case-specific jury questionnaire (implicit bias)

 

 

Author: COFPD

Federal Public Defender's Office for the Districts of Colorado and Wyoming