Do We Have an Obligation to Address Implicit Bias in Damage Cases?

posted by Judge_Burke @ 14:30 PM
October 27, 2016

Increasingly, judges are recognizing that implicit bias training is critically important for their own professional development. But what do we need to do to address implicit bias of jurors? Are implicit bias instructions sufficient?

According to a story in The Washington Post, “ White and male victims often receive larger awards than people of color and women in otherwise similar ­cases, according to more than two dozen lawyers and forensic economists, the experts who make the calculations. These differences largely derive from projections of how much more money individuals would have earned over their lifetimes had they not been injured — projections that take into account average earnings and employment levels by race and gender.”

The full story can be found here.


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