Ignoring racial bias in defense work is a self-serving strategy

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 (#exemplifies, via linked claim)

The decisions and behavior stemming from implicit biases are undoubtedly critically important—but our evaluation of the social science research and our work on the ground with stakeholders in the CJS suggest that bias does not tell the full story. Rather, while bias is a part of the story, three intersecting phenomena come together at the crucial decision points and interactions in the criminal justice process: (1) implicit bias—the automatic association of stereotypes and attitudes toward particular groups (Banaji & Greenwald, 2013), (2) racial anxiety—the concerns people often experience prior to and during cross-group interactions (Tropp & Page-Gould, 2014), and (3) stereotype threat—the fear of confirming a negative stereotype about one’s group (Steele, 2010). — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1356 (#complicates, via linked claim)

Categorization

• XREF: connects to: Calling out racial bias inside a public defender office invites retaliation; Racism targets deploy self-protective and self-enhancing motivational systems — John F. Dovidio, Peter Glick, Laurie A. Rudman, On the Nature of Prejudice: Fifty Years…, 1082; Violence against racial others functions to convince perpetrators of their own superiority — Sherene Razack, Casting Out: The Eviction of Muslims…, 144 (+7 more)

Broader Connections

• Defense attorneys avoid discussing racial bias because they fear it as a weakness #exemplifies (0.92) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 694
• Implicit bias alone insufficiently explains racial inequity in criminal justice outcomes #complicates (0.74) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1356