Addressing Implicit Bias In The Criminal Justice System – Two Strategies

Who gets the last word on issues of police misconduct and over-incarceration? The State Legislature, in CPL 710.70 and CPL 470.15, gave broad powers to the Appellate Divisions, especially where the conviction is by negotiated plea, to redress police misconduct and reduce sentences in the interest of justice. With the ever indiscriminate use of appeal waivers, prosecutors, indulged by the courts, have sought to make the final word their own. In June 2021, the NYSBA House of Delegates, adopting the specific recommendations of the NYSBA Racial Injustice and Police Reform Task Force, endorsed the passage of two pieces of legislation to return that final word to the Appellate Divisions. This CLE presentation will explain why, as a matter of racial justice, NYSBA has taken that action.

Social science research has established that we all have implicit biases that impact how we perceive the world, and the decisions we make. This CLE will discuss how implicit bias potentially impacts individual jurors in a criminal case, and will provide strategies for addressing implicit bias during voir dire in a criminal trial.