Implicit bias is a hidden bias, wired into our brains over millions of years. A cognitive shortcut, this unconscious and unintentional bias aids the brain in quick decision-making and information processing.
Unfortunately for lawyers, this cognitive shortcut also leads to unintended biases regarding race, ethnicity, gender identity and other characteristics and undermines the public’s confidence in the equal application of our laws. In this poignant CLE, civil rights attorney Geeta N. Kapur delves into how implicit bias manifests itself in lawyers and the law — from the courtroom to the tax code. Geeta will introduce the neuroscience behind implicit bias, present legal case examples involving implicit bias and provide examples of implicit bias in specific legal practice areas including criminal, property and drug law. She will conclude by providing concrete action steps lawyers can take to overcome implicit bias. Also discussed: the amygdala, Ingroup & Outgroup bias, weapon bias (tool vs. gun), defense attorneys & their clients, judges, jury selection and educating yourself.
A native of Kenya, Geeta N. Kapur is a civil rights attorney and alumna of UNC-Chapel Hill School of Law. She is the author of, “To Drink from the Well: The Struggle for Racial Equality at the Nation’s Oldest Public University.”