1) TheImplicit Association Test (IAT)In the IAT, implicitracial bias is detected by measuring the difference in time it takes tocomplete the “stereotype-congruent” and the “stereotype-incongruent” trials in therespondents. (Royer, Hido and Slotnick, n.d)1The IAT measures how easily, and so quickly, a person is able to makeassociations between certain groups of people and the concepts of”good” and “bad.” The speed of judgment reflectsimplicitly-held attitudes toward a particular social group. (Opl.apa.
org, 2018)2TheIAT measures attitudes and beliefs that people may be unwilling or unable toreport. (Project Implicit)3 Thistest could be used during the voir dire and it is useful as it would allowattorneys to identify potential jurors who hold implicit bias and remove them, thusprevent them from serving. However it is often criticized as it is a time consuming process,as well as being impractical as it would require all jurors take an IAT during voir dire. Neither is it a perfectmethod for predicting their future behavior and whether their bias would affectthe verdict.
(Royer, Hido andSlotnick, n.d)42) Clear JurorInstructions:Apart from the IAT,researchers have found other methods which may be used by the judge and attorneys in order to reduce the influenceof implicit bias in juror decision making. Without thorough analysis of the trial evidenceand a good understanding of legal instructions, jurors’ prejudices can easily influencethe “story construction method” of approaching evidence. (Winter and Greene,n.d.
)5 Defoe says that according to research, jurorsengage in an “explanation-based decision process” in which they create “narrativeframeworks” that provide likely interpretations of evidence. (Defoe, 2013)6It is very important that the jurors should begiven clear and comprehensible jury instructions, as if the legal instructionsare understood better, there would be less space for personal views andpreferences to taint their judgment. Jurors have different perspectives oftrial evidence, and these different perspectives exist because jurors filterthe evidence through their experiences, attitudes, values, and beliefs. (Defoe, 2013)7 Clear jury instructions would cause the jurorsto rely less on the “explanation based approach” and so limit the amount ofpersonal preferences which may enter their decision making process whileevaluating the evidence, thus reducing the amount of bias which may affect theverdict.
Juror instructions should also include a section on the