Question

To what extent do you believe implicit bias impacts judicial discretion? Do you believe it impacts prosecutors more than judges?

Answer 1

Everyone has some form of implicit bias of which they may not be aware of. It's more common to have negative implicit bias towards the minorities of the society. Judiciary is of human beings, hence, judicial discretion is not free from the impact of this bias. The impact of this bias is that it results in more incarceration of minorities than needed. As it effects the prosecutors more than judges because they on daily basis deals with more number of new cases. They must take on daily basis the decisions as which charges should be dropped or how to be charged for the alleged crime, to be bailed or opposed, should a plea bargain be offered or negotiated, which strategies should be adapted etc. During making these decisions the prosecutors fall for their implicit bias.