Uncovering Bias: Toward a More Effective Voir Dire

Judge Mark W. Bennett of the Northern District of Iowa calls himself a “true believer” of implicit bias, having instructed jurors on this subject for more than 8 years from the bench. He has developed a set of jury instructions to educate jurors on the existence of their biases and holds them accountable by signing their name consenting to be fair during trial. To emphasize the importance of this process, Judge Bennett describes an instance where a juror initially said she would be unbiased but when she had to sign her commitment to the jury instruction, she admitted she would find the Hispanic defendant guilty simply because he is Hispanic.