Implicit bias in the justice system on the institutional level

Implicit bias is an issue that affects the entire justice system. However, implicit justice literature usually chooses to go in depth on implicit bias in one specific part of the justice system (often law enforcement). This undersells how totally implicit bias affects the courts. Implicit bias can affect judges, juries, and even defense attorneys. The goal of this paper is to demonstrate that implicit bias affects all levels of the justice system, and how implicit bias should be thought of as a systemic issue. Biased interactions within the criminal justice systems escalate and build on each other to create an outcome that is far from the outcome of a case where implicit bias does not play as significant of a role. This paper will discuss discretion and immunity, key concepts for understanding implicit bias as a systemic issue. Then, it will go over how implicit bias affects different kinds of actors in the justice system. Finally, the benefits of viewing implicit bias systemically will be discussed.