Compared to the science on the existence of implicit bias and its potential influence
on behavior, the science on ways to mitigate implicit bias is relatively young and
often does not address specific applied contexts such as judicial decision making.
Yet, it is important for strategies to be concrete and applicable to an individual’s
work to be effective; instructions to simply avoid biased outcomes or respond in
an egalitarian manner are too vague to be helpful (Dasgupta, 2009). To address
this gap in concrete strategies applicable to court audiences, the authors reviewed
the science on general strategies to address implicit bias and considered their
potential relevance for judges and court professionals. They also convened a small
group discussion with judges and judicial educators (referred to as the Judicial
Focus Group) to discuss potential strategies. This document summarizes the
results of these efforts. Part 1 identifies and describes conditions that exacerbate
the effects of implicit bias on decisions and actions. Part 2 identifies and describes
seven general research-based strategies that may help attenuate implicit bias or
mitigate the influence of implicit bias on decisions and actions. Part 2 provides a
brief summary of empirical findings that support the seven strategies and offers
concrete suggestions, both research-based and extrapolated from existing research,
to implement each strategy.1
Some of the suggestions in Part 2 focus on individual
actions to minimize the influence of implicit bias, and others focus on organizational
efforts to (a) eliminate situational or systemic factors that may engender implicit
bias and (b) promote a more egalitarian court culture. The authors provide the
tables as a resource for addressing implicit bias with the understanding that the
information should be reviewed and revised as new research and lessons from the
field expand current knowledge.