This article argues with the idea of implicit bias and decision making and these implicit racial biases affect the way that jurors, and judges interpret, remember, and store information in different cases that are presented. This brings in a worrying idea and raises concerns about the legal system and the ability of the system to achieve fair social justice. The article then elaborates on this claim stating that in a lot of cases we don’t intentionally mis-remember or interpret information a certain way. This way by giving the judge and jurors all the decision making ability we are making the assumption that the judges and jurors can make unbiased cognitive decisions that in a lot of cases can vastly affect someones life. Given that implicit bias is a psychological concept that we usually can’t control this always leaves us with a grey area on how we are supposed to successfully interpret the information we are given. In a scholarly sense however, there has not been a ton of research in determining how we misremember information and if people do it in racially biased ways or the reasoning behind it.
Levinson, Justin D. “Forgotten Racial Equality: Implicit Bias, Decisionmaking, and Misremembering.” Duke Law Journal, vol. 57, no. 2, 2007, pp. 345–424., www.jstor.org/stable/40040596.