Displayed emotion and regret actively legitimize rather than undermine discriminatory verdicts

Evidence

This reality leads us to emphasize the importance of institutions and stakeholders to put into place long-term practices that will minimize the effects of such bias (Godsil & Jiang, 2017). This will require identifying the decisions and interactions where the risks of bias are greatest and developing interventions suited to override the role bias may play. Examples of such tools include the creation of a prosecutor override card, similar to a judge’s bench card, which outlines the necessary questions prosecutors should ask before engaging in a charging/sentencing decision (Godsil & Jiang, 2017). The National Center for State Courts (NCSC) has identified factors that exacerbate the risk of bias: intensified emotional states, ambiguity of information, salient social categories, low-effort cognitive processing, distracted or pressured decision-making circumstances, and a lack of clear feedback loops (Casey et al., 2012). As a result, the use of an objective checklist to assist prosecutors in curbing bias is essential to reduce the impact of these factors. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1395 (#complicates, via linked claim)

Categorization

• XREF: connects to: Guilt from prejudice failures builds cues that later interrupt biased responding; An emotional shock can activate racial bias in judges who otherwise show none; Group anonymity and emotional arousal override individual moral judgment — Albert Bandura, Moral Disengagement: How People Do Harm…, 435 (+3 more)

Broader Connections

• An emotional shock can activate racial bias in judges who otherwise show none #complicates (0.80)
• Guilt from prejudice failures builds cues that later interrupt biased responding #complicates (0.78)
• Bias risk rises under emotional, ambiguous, and low-effort decision conditions #complicates (0.78) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1395
• Denial of discrimination may itself result from prior guilt feelings #complicates (0.76) — Janet K. Swim and Deborah L. Miller, White Guilt, 154