Implicit bias

An implicit bias is “‘an association or preference that is not consciously generated and is experienced without awareness.’” Michele Benedetto Neitz, Pulling Back the Curtain: Implicit Bias in the Law School Dean Search Process, 49 SETON HALL L. REV. 629, 656 (2019) (quoting J. Bernice B. Donald & Sarah E. Redfield, Framing the Discussion, in ENHANCING JUSTICE: REDUCING BIAS 5, 14 (Sarah E. Redfield ed., 2017)). So, does a court violate the Constitutional rights of an African American defendant by precluding his attorney about implicit bias during jury selection? That was the question addressed by the Supreme Court of North Carolina in State v. Crump, 851 S.E.2d 904 (N.C. 2020).

In Crump, Ramar Crump, a African American man, was convicted of 9 counts of armed robbery and second degree kidnapping, 2 counts of possession of a firearm by a convicted felon, conspiracy to commit armed robbery and 2 counts of assault with a deadly weapon with intent to kill. These charges stemmed from a shootout between Crump and police officers.

So writes Prof. Colin Miller

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