ADVANTAGES

Fourth, adequate and regular training on the role of implicit, unchecked bias by key decisionmakers in the criminal justice system is a necessary step in reducing its impact. While open expression of negative views about people of color, as well as overt discrimination, has declined significantly in many areas of American society (largely attributable to successful civil rights laws and campaigns), some convincingly argue that this overt discrimination, especially against African Americans, has transformed into implicit bias, but with similar disparate results.54) Evidence suggests that when professionals are faced with a need to triage cases—a regular occurrence for law enforcement and defense counsel, for instance—implicit bias likely comes into play in deciding which cases to take as a sort of mental shorthand used to draw quick conclusions about people and their criminal tendencies.55)

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