Implicit Racial Bias in Public Defender Triage
L. Song Richardson
University of California, Irvine School of Law
Phillip Atiba Goff
UCLA Department of Psychology
March 1, 2013
Yale Law Journal, Vol. 122, 2013
U Iowa Legal Studies Research Paper No. 13-24
Despite the promise of Gideon, providing “the guiding hand of counsel” to indigent defendants remains unmanageable, largely because the nation’s public defender offices are overworked and underfunded. Faced with overwhelming caseloads and inadequate resources, public defenders must engage in triage, deciding which cases deserve attention and which do not. Although scholars have recognized the need to develop standards for making these difficult judgments, they have paid little attention to how implicit, i.e., unconscious, biases may affect those decisions. There is reason to suspect that unconscious biases will influence public defender decisionmaking due to generations of racial stereotypes specific to stigmatized groups and crime. This Essay urges legal scholars and practitioners to consider how implicit biases may influence the rationing of defense entitlements and suggests ways to safeguard against the effects of these unconscious forces.
Number of Pages in PDF File: 25
Keywords: implicit racial bias, Gideon, triage, public defenders
Date posted: May 3, 2013 ; Last revised: October 5, 2014
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