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Class Incarceration Has Become a Prominent Factor 
in Mass Incarceration
Article • July 1, 2025 • from CLN July, 2025
Filed under: Racial Discrimination, Racial Profiling, Racial/Ethnic Bias/Profiling, Bias/Discrimination, Police Bias, Disproportionality
Class Incarceration Has Become a Prominent Factor in Mass Incarceration by Charles "Keith" Wampler Although the issue is not even close to being resolved, the United States has, in recent years, made some noticeable progress on the issue of racial disparity in our criminal justice system. Regardless of what research …
Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background
Article • February 15, 2025 • from CLN March, 2025
Filed under: Criminal Prosecution, Juror Bias, Impartial Jury
Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background by Casey Bastian by Casey J. Bastian Legal scholars and practitioners have begun raising concerns that there is a lack of judicial diversity on court benches in America and abroad. While there have been serious efforts to increase …
Sixth Circuit Announces Ohio’s Standard for Judicial Bias Contrary to Clearly Established Federal Law, Holds Trial Judge Unconstitutionally Biased in Capital Case and Defendant Denied Right to Pres...
Article • December 15, 2024 • from CLN January, 2025
Filed under: Murder/Felony Murder, Bias/Discrimination, Evidence - Failure to Disclose
Sixth Circuit Announces Ohio’s Standard for Judicial Bias Contrary to Clearly Established Federal Law, Holds Trial Judge Unconstitutionally Biased in Capital Case and Defendant Denied Right to Present Mitigating Evidence, Grants Habeas Relief by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Sixth Circuit granted an …
DNA Databases, Privacy Concerns, and Noble Cause Bias
Article • September 1, 2024 • from CLN September, 2024
Filed under: junk science, DNA Evidence, Bias/Discrimination
DNA Databases, Privacy Concerns, and Noble Cause Bias by Michael Thompson by Michael Dean Thompson Networked Privacy and DNA Dana Boyd who was one of the first to describe the idea of Networked Privacy has pointed out that choice is not really individual in the network. That is, the choices …
Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means
Article • May 15, 2024 • from CLN May, 2024
Filed under: Juries - Fair and Impartial, Impartial Jury, Fair Cross Section Requirement, Consequences of Plea, Misleading Advice/Statements to Defendant, Knowingly and Voluntarily Made
Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that John Miguel Swan’s guilty plea was not knowing and voluntary because …
Unconscious Bias: Facial Features Can Influence Life-or-Death Decisions in Verdicts
Article • March 15, 2024 • from CLN March, 2024
Filed under: Commentary/Reviews, Bias/Discrimination
Unconscious Bias: Facial Features Can Influence Life-or-Death Decisions in Verdicts by Jo Ellen Nott by Jo Ellen Nott Imagine a courtroom where a defendant’s fate is being decided. But instead of evidence, jurors rely on an unconscious judgment based on downturned lips or a heavy brow. Scientists at Columbia University …
Biased Algorithms Are Still a Problem
Article • September 1, 2023 • from CLN September, 2023
Filed under: Racial/Ethnic Bias/Profiling, Bias/Discrimination
Biased Algorithms Are Still a Problem by Michael Thompson by Michael Dean Thompson The reduction of biases in criminal justice is an ongoing problem that does not lend itself to easy solutions. Artificial Intelligence (“AI”) may one day be that solution, though Boston University associate professor of law and assistant …
Review of Prior Research Identifies Three Main Sources of Bias in Jury Decision-Making Processes
Article • January 15, 2023 • from CLN February, 2023
Filed under: Impartial Jury
Review of Prior Research Identifies Three Main Sources of Bias in Jury Decision-Making Processes by Casey Bastian by Casey J. Bastian In our adversarial court systems, a person impaneled on a jury is tasked with a seemingly straight-forward duty: determine the reliability and credibility of trial evidence, deliberate, and render …
The Discovery and Use of Implicit Biases by Bill Trine-2022
Publication • 2022
Filed under: Juror Bias, Bias/Discrimination
The Discovery and Use of Implicit Biases by Bill Trine-2022 The Discovery and Use of Implicit Biases Bill Trine, Boulder, CO W e have all been asked to explore our implicit biases and to also recognize our explicit biases and consider how such biases affect our representation of clients before …
New Jersey Supreme Court Announces Framework for Requesting Criminal Background Check of Potential Juror and Calls for Judicial Conference to Explore Nature of Discrimination in Jury Selection Process
Article • November 15, 2021 • from CLN December, 2021
Filed under: Jurors and Juries, Bias/Discrimination, Background Evidence
New Jersey Supreme Court Announces Framework for Requesting Criminal Background Check of Potential Juror and Calls for Judicial Conference to Explore Nature of Discrimination in Jury Selection Process by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of New Jersey announced the framework that …