Bias makes people interpret identical behaviors differently by the actor’s race

Evidence

Explicit bias refers to the kinds of bias that people knowingly express and sometimes embrace. Implicit bias is less visible. It is often so subtle or ingrained that those who hold it are not aware of it (Rachlinski, 2009). Implicit biases are especially difficult to discuss because even when one is in touch with them, one is unlikely to admit or address them. Biases can and do influence one’s interpretation of benign behavior, causing one to read identical behaviors differently based on the race of the actor. … Likewise important is what those of us who have worked for many years in the CJS think they have come to understand about the accused; for example, just because we have represented gang members for decades, we may think we understand that culture and that style of communication when in fact our knowledge is outdated or mistaken and could mislead us. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 666

Categorization

• DEFINE: Contrasts explicit vs implicit bias and adds the defense-attorney angle that supposed cultural knowledge of clients can itself be outdated and misleading.
• XREF: connects to: Equal starting roles in commercials do not lead to equal career outcomes — Dolores DeLuce, Blow Jobs: A Guide to Making It in Show…, 270; The same ability signals high status or low origin depending on the performer’s identity — W. David Marx, Status and Culture: How Our Desire for…, 222