Defense attorneys avoid discussing racial bias because they fear it as a weakness

Evidence

Defense attorneys and investigators face significant struggles. State and federal governments are literally trying to imprison their clients. Judges far too often view the defense as troublemakers who are decreasing the efficiency of the system. Often the press is after the defense too, arguing that they are working to let guilty people get off easy (see Kaur & Joseph, 2019; Smith, 2013). Thus, it is no surprise that the defense is reluctant to show any weaknesses; they are reluctant to admit that communication across professional, cultural, and racial lines is complex and difficult. It is so difficult that it is seldom done well. In addition, given that the communication difficulties somewhat track racial differences, it is easier to avoid the topic. However, avoiding the topics of communication and racial bias is a grave mistake, and defense attorneys do so at their own peril. After all, failing to acknowledge bias does not make it go away; unconscious bias can and does impact behavior. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 694