Chapter 5: American Bar Association, Enhancing Justice (2017)
44 Pages Posted: 20 Mar 2017 Last revised: 5 May 2017
Date Written: March 16, 2017
This Chapter reviews research indicating that judges, like most adults, rely too heavily on intuition while making important decisions. This tendency leaves them vulnerable to using overly simplistic cognitive strategies to decide cases, which creates predictable, systematic errors in judgment. It can also facilitate a reliance on implicit race and gender biases while deciding cases. Numerous strategies are available that would allow judges to stop and deliberate more carefully. This Chapter also describes these strategies. If adopted, judges would avoid excessive reliance on intuition and implicit biases so as to make better, more just judgments.
Suggested Citation: Suggested Citation
Wistrich, Andrew J. and Rachlinski , Jeffrey J., Implicit Bias in Judicial Decision Making How It Affects Judgment and What Judges Can Do About It (March 16, 2017). Chapter 5: American Bar Association, Enhancing Justice (2017); Cornell Legal Studies Research Paper No. 17-16. Available at SSRN: https://ssrn.com/abstract=2934295