Embed Size (px)
Citation preview
Implicit Bias in the Courtroom: Where Do We Go
From Here? Thursday, March 14, 2013
Presented By the IADC Products Liability Committee
Welcome! The Webinar will begin promptly at 12:00 pm CDT. Please read
and follow the below instructions:
1. If you have not already done so, please join the conference call.
2. Mute your phone line. If you do not have a mute button or are on a cell phone, press *1 to
mute your phone.
3. If you are on a conference phone, please move all cellular or wireless devices away from
the conference phone to avoid audio interference.
4. If you have questions during the presentation, you may utilize the Q&A function at the top
of your screen. You may type questions here and it will be sent to the presenter for
response. If your question is not answered during the presentation, our presenter will
answer questions at the end of the webinar.
5. Visit the “Handouts” section in the upper-right-hand corner of the screen if you would like
to download a copy of this PowerPoint presentation.
Click on the Q&A tab on your screen to type a question for the presenters.
Click the Handouts tab on your screen to download this PowerPoint and any referenced documents
IADC Webinars are made possible by a grant from The Foundation of the
IADC.
The Foundation of the IADC is dedicated to supporting the advancement of
the civil justice system through educational opportunities like these Webinars.
For more information on The Foundation, visit www.iadcfoundation.org.
Remove your lawyers’ lenses
Rethink your context
Listen to your assumptions
The Human Brain
The brains you influence
The brain that betrays you
Not what you intend to say
Not the way you want to be understood
Actions speaking louder than words
Never to your advantage
When your words belie more
When you do not see what others hear you say
Unaware of your own actions
When you cannot recognize the bias
SOME SOURCES:
IAT Test: Experiment on yourself at https://implicit.harvard.edu/implicit/demo/
“How (Un)ethical Are You?,” Banaji et al, Harv. Bus Rev. (2003)
“The Development of Implicit Attitudes: Evidence of Race Evaluations From Ages 6 and 10 and Adulthood,” Baron et al, Psychological Science 17.1 (2006)
The Harvard
IAT Test Distinguish: Unwilling from
Unable
Isolate: Learned immutable attitudes that form the foundations for judgments of values, danger, propriety, the good, the weak, the evil etc.
Practice: Broadening experience reduces fear, weakens strength of implicit bias.
Implicit Attitude: “success is male”
JURY SELECTION
OPENING STATEMENT
DIRECT EXAMINATION
CROSS-EXAMINATION
PICK THE
TRIAL TEAM
???????
The Best
The Most Expert
The Jury Appeal
The Most Experienced
The Trusted Advisor
The Most Senior
The Most Experienced
The Client’s Choice
PREDICT MOMENTS OF BIAS
ENVISION, KNOWING
The Parties
The Lawyers
The Claims & Defenses
The Story
The Impeachment
The Clients
The Tensions
The Credibility Battle
SPEAK TO “REGULAR PEOPLE” ABOUT THE CASE ---
---AND LISTEN TO YOURSELF
Language discloses Bias
Ex Tempore Reveals Implicit Attitudes & Judgments
Visual Feedback Are “Tells” That Spot Your Unrecognized Bias In Action
Chance to Ask About Your Words, Assumptions, and Biases
AT TRIAL,
IN THE MOMENT, EVERY MOMENT
Implicit Bias Is Not “Cured”
Awareness Enables Self-Correction
Develop The Habit of Self-Examination
Acknowledge and Correct, Don’t Ignore
Call Out
Implicit Attitudes In Action: “success is male”
Questions for Presenters?
Karen M. Lockwood National Institute for Trial Advocacy
Boulder, CO [email protected]
Craig Thompson Venable LLP
Baltimore, MD
Thank you for Participating!
To access the PowerPoint presentation from this or any other IADC Webinar,
visit our website under the Members Only page (you must be signed in) and
click on “Past Webinar Materials,” or contact Melisa Maisel at
