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Implicit Bias

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Implicit Bias & Debiasing Working DRAFT Only ABA SECTION OF LITIGATION CLE presentation June 24, 2011 * *** Connections *** This part of the program allows for ... – PowerPoint PPT presentation

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Title: Implicit Bias


1
Implicit Bias Debiasing
  • Working DRAFT Only
  • ABA SECTION OF LITIGATION
  • CLE presentation
  • June 24, 2011

2
Roadmap of the Presentation
  • INTRODUCTIONS
  • CONCLUSIONS
  • IMPLICIT BIAS, including
  • Implicit Association Test (IAT)
  • Significance for leaders of legal profession
  • DEBIASING

3
INTRODUCTIONS
  • Facilitator/Faculty
  • Objectives Norms
  • Cultural group introductions, concept individual

4
Facilitator Introduction
5
Objectives
  1. Understand what implicit bias means and how it
    may influence our decisions
  2. Understand that being implicitly biased does not
    necessarily mean we act in explicitly biased
    ways.
  3. Learn to recognize some behaviors that may
    suggest bias or differential treatment.
  4. Learn some techniques that help debias
    perceptions and improve interactions.

6
Norms
  • Confidentiality
  • Breaks / or individual leave rejoin
  • Phones off
  • What else?
  • Do we all agree?

7
Introductory Exercise Culture Groups
  • What are your cultural groups?
  • groups of people who consciously or
    unconsciously share identifiable values, norms,
    symbols, and some ways of living that are
    repeated and transmitted from one generation to
    another.

8
Five Circles Exercise CULTURE GROUPS
9
IMPLICIT BIAS
10
Schemas
  • DEFINITION
  • EXAMPLE
  • Mental shortcuts
  • Organize categorize information
  • Automatic
  • Four-equal sided figure
  • Square

11
Professor Schema
  • Students re Professors
  • So Students
  • Know their subjects
  • Prepare for and attend class
  • Have office hours
  • Give and grade assignments and exams
  • Rely on schema to
  • predict and explain profs actions
  • fill gaps if profs actions ambiguous
  • But may eventually change based on individual
    performance

12
Shorthand Schemas
  • Helpful in some situations, but
  • can lead to discriminatory behaviors, inequity,
    and unfairness.

13
Implicit Social Categories/Cognition
  • FROM
  • Parents/Families
  • Friends/Peers
  • School
  • Media
  • Direct or vicarious experiences
  • Positive or negative associations

14
Implicit Bias Defined
  • EVERYONE HAS SCHEMA/IMPLICIT BIAS
  • A preference for a group (positive or negative)
  • often operating outside our awareness.
  • based on a stereotypes and attitudes we hold
  • that tend to develop early in life
  • and tend to strengthen over time

Attitudes Evaluative feelings that are positive
or negative
Stereotypes Traits we associate with a category
15
Stroop Test
16
Implicit Association Test
  • Computerized test, 2 keys
  • Typically 2 social and 2 evaluative categories,
    e.g., White/Black and pleasant/unpleasant
  • Closely associated categories, easier quicker
    to sort together
  • So faster reaction times show implicit
    connections.

17
Implicit Association Test
  • TAKE THE TEST
  • Project Implicit, https//implicit.harvard.edu/imp
    licit/
  • ANSWER QUICKLY!

18
Implicit Explicit Biases
  • Some research shows IAT better predictor of
    behavior than explicit self-reports
  • BUT STILL DOESNT NECESSARILY MEAN you act with
    your implicit biases
  • Implicit biases differ sometimes substantially
    from stereotypes and attitudes we expressly
    self-report.

19
Systemic Concerns Implications
  • Employment
  • Litigators
  • Prosecutorial discretion
  • Juvenile justice
  • Shooter bias
  • Judges opinions
  • Sentencing
  • Jury selection
  • Evidence
  • THE PROFESSION is 90 WHITE
  • IMPLICIT BIAS CAN AFFECT EVERY DECISION POINT IN
    A CASE

20
DEbiasing
  • So what do we do about it?

21
The good news is
  • Motivation to be fair makes a difference.

22
Debiasing
23
Education
For example, take and consider IAT results. Be
aware and remain mindful, intuition and implicit
responses are valuable, but some decisions
require a more explicit kind of thinking, a stare
not a blink. xxxxFILM EXCERPT
24
Exposure

Contact with positive with diverse colleagues and
exemplars and practice taking the other
perspective all contribute to decreasing
implicitly biased response.
25
Approach
26
Approach Stare not Blink
  • Use checklists
  • Consider explicit pre-determined criteria
  • Write instead of discussing off-the-cuff
  • Reducing cognitive load to allow for higher level
    processing

27
Approach Change Process
  • Consider procedural / organizational changes
  • Insist on appropriate ACCOUNTABILITY

  2010 2011
Recruit ? ?
Retain ? ?
Promote   ?
Messaging   ?
Environment   ?
Mentors Exemplars ? ?
Etc.
28
NOTICE YOUR MESSAGING ENVIRONMENT Small
messages can be affirming or inequitable.
29
CONCLUSIONS
  • Section of Litigation VIDEO, httpxxxx
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