The the judge must identify explicit or implicit bias

The first step
in selecting a fair jury is to have a jury pool or venire, which is a
collection of potential jurors assembled together for jury duty. (,
Members of the venire are then questioned in a process called voir dire, also
known as the jury selection process, which is one of the safeguards the legal
system has for bias in jurors. (Markman,
During the voir dire, the judges and
attorneys question potential jurors and remove the ones who may have some type
of bias. (Legal Dictionary, n.d)3 and this process thus helps them to
ensure the juror’s ability to remain impartial during the trial. (Findlaw, n.d) 4
Attorneys and the judge must
identify explicit or implicit bias in potential jurors.
The examination of potential jurors during the voir dire can be carried
out by the judge or the attorneys in open courtroom or privately in the judge’s
chambers, and is used to identify the existence of personal relationships
between potential jurors and any other parties involved in the trial, and their
ability to understand legal instructions and trial evidence in an impartial
manner (Lehmann
and Smith, 2013)5
 The ideal juror is thus one
who can dispassionately and objectively listen to the trial evidence, and is thus
able to render a verdict based on rational and bias free thought processes. (Winter
and Greene, n.d.)6

measures have been taken in order to reduce the effects of explicit and
implicit bias in jurors in order to form a fair and impartial jury. This begins
by removing jurors displaying explicit or implicit bias. Explicit bias is
easier to detect due to its obvious nature, and so remove. For example, during the El-Gammal case7, prospective jurors expressed
views that his (El Gammal’s) faith (Islam) condones terrorism and that he
should be tried by the military (Zavadski,
and thus were easily removed by the judge and the attorneys as they knew
about the bias these potential jurors had against Muslims. However, potential
jurors may be able to hide their biased beliefs.  According to the NAACP9, the safeguards
established throughout the justice process, such as voir dire, are ineffective
in revealing racial bias as potential jurors rarely admit any biases due to the
fear of being socially stigmatized (Ojeda and Halliburton, 2017)10 This issue was brought up
after the trial of Peña Rodriguez, after two jurors reported that a juror known
as “H.C.” had expressed racially charged
accusations against Rodriguez during jury deliberations. The defense argued
that asking potential jurors about racial bias is not effective because jurors
with prejudiced beliefs might lie when asked directly due to the criticism and stigma
associated with expressing prejudiced beliefs. (Ojeda and Halliburton, 2017)11 In such cases,
where a potential juror might be lying about their beliefs, the methods used to
detect implicit bias are more useful as it allows attorneys to find subconscious
beliefs and prejudices of potential jurors. They can then be removed from the
jury pool and prevented from serving.

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Implicit bias is usually
more challenging to detect and remove than explicit bias. This is due to the
unconscious nature of implicit bias, which makes it difficult to detect it. Some
measures have been taken in order to detect this bias. These include: