Unfortunately, this is often wishful thinking. Unsettling research into the psychology of courtroom decisions has shown that our personal backgrounds, unconscious biases about race, gender and appearance, and even the time of day play a more important role in outcomes than the actual law.
Adam Benforado, a professor of law at Drexel University, describes these unsettling problems with the justice system in the recently published book “Unfair: The New Science of Criminal Injustice.” The book uses psychology and neuroscience to examine and expose the illogical and unfair ways that judges, jurors, attorneys and others in the legal system make decisions about who is sent to prison, and who walks free.
Benforado’s research shows that mistakes in the criminal justice system are more…
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