When Speaking the Truth is Not Enough: The Implicit Association Test, A Necessary Supplement to Juror Voir Dire and A Model to Better Protect Capital Defendants From Implicit Racial Bias

Jamilah D. LeCruise, William & Mary

Abstract

This paper argues that the Turner v. Murray standard, which gives defendants accused of committing interracial capital crimes the ability to ask jurors about racial bias, must be supplemented with measures to identify implicit racial bias. In the article, I review the psychological and neuroscience research that finds many jurors are unable to ascertain whether they actually possess racial bias and that there are many reasons why those who know they are biased do not address it when asked on voir dire. It argues that the Implicit Association Test (IAT) can serve as a method to better identify this type of underlying racial bias in jurors and should be used as part of the voir dire process. Finally, it proposes a holistic model for voir dire in which the Implicit Association Test plays a central role. It discusses practical concerns and concludes that, in giving jurors the IAT, attorneys and courts can assure that jurors are made aware of implicit racial bias as well as how it can affect their judgment of capital defendants.