Behind the Verdict: The Unseen Influence of Implicit Bias in the Courts
Author: Sruthi Candadai
Growing up, I often heard casual stereotypes—assumptions made about people based on their name, background, or where they came from. However, in real-life situations, these assumptions can do more than just shape opinions. Instead, they can alter the course of someone’s life, especially when such bias creeps into a courtroom.
Justice is meant to be impartial. Yet implicit bias or our unconscious attitudes, can influence judges, jurors, and lawyers without them even knowing. In the courtroom, this means that decisions about guilt, sentencing, or bail can be swayed not by facts alone, but by ingrained assumptions tied to race, ethnicity, or social identity. These biases don’t come from overt prejudice, but from learned patterns and cultural messaging that shape how people are perceived. According to sociologist Megan Phelps (2018), black and Latino defendants in the U.S. face harsher sentencing and are more likely to be seen as threatening compared to white defendants accused of similar crimes. While implicit bias operates quietly, it produces unequal outcomes that directly contradict the promise of fairness in our legal system.
Beyond judges, implicit bias also affects jury selection and deliberations, shaping outcomes in ways that often go unnoticed. Even before a trial begins, the makeup of the jury can reflect deeply-rooted societal prejudices. As legal scholar Anjana Somanchi (2020) explains, attorneys sometimes use discretionary challenges to remove jurors from minority groups, often without having to justify their decision. This practice reduces jury diversity and increases the likelihood of one-sided or biased verdicts. During deliberations, unconscious stereotypes can also shape how jurors interpret evidence, testimony, and the credibility of those involved. These quiet forces can lead to decisions that feel neutral on the surface but are rooted in unequal treatment. As a result, the fairness of a trial can be compromised long before a verdict is ever reached.
Efforts to address implicit bias in the judicial system are underway but still need greater attention. One effective solution is implicit bias training for judges and legal professionals, which raises awareness and provides tools to counteract unconscious prejudices. According to a study by Gilliam et al. (2016), such training can reduce sentencing disparities (Gilliam et al., 2016). Another important approach is court watching, citizen-led observations of courtroom proceedings. Infusing community into the courtroom can increase transparency and helps expose patterns of bias. The National Center for State Courts (2018), emphasizes that court watching can play a critical role in holding courts accountable and building public trust. Reforming jury selection processes to limit exclusion based on identity and using blind charging practices are also promising ways to mitigate bias. By combining education, accountability, and systemic reform, we can create a stronger foundation for a more just legal system.
Implicit bias is not always loud or obvious, instead, it moves silently through every part of the courtroom. From deeply-rooted stereotypes to unconscious assumptions, implicit bias in the courtroom is a growing issue. By paying attention to not just the outcome but the process, including who is heard, who is missing, and how decisions are made, community members are able to hold the system accountable. Put simply, bias has no place in a system meant to protect everyone.
Sources:
Gilliam, F. D., Iyengar, S., Valentino, N. A., & Mendelberg, T. (2016). Crime, punishment, and public opinion: How implicit racial bias shapes support for the death penalty. Social Science Quarterly, 97(2), 1–20. Retrieved July 19, 2025, from: https://doi.org/10.1111/ssqu.12266
National Center for State Courts. (2018). Court watching and bias mitigation. State Justice Institute. Retrieved July 19, 2025, from: https://www.ncsc.org/__data/assets/file/0026/25502/court-watching-bias.pdf
Phelps, M. S. (2018). Mass incarceration and racial inequality. Annual Review of Sociology, 44, 509–528. Retrieved July 19, 2025, from: https://doi.org/10.1146/annurev-soc-073117-041653
Somanchi, A. (2020, December 1). Racial discrimination in jury selection: A persistent problem. Harvard Law Review. Retrieved July 19, 2025, from: https://harvardlawreview.org/2020/12/racial-discrimination-in-jury-selection/
