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Implicit Bias and the Fourth Amendment

Posted on September 25, 2010July 3, 2025 by Dissent

L. Song Richardson, Associate Professor & Co-Director, Center for Law and Science, DePaul University College of Law, wrote this piece for the Constitution in 2020 conference on The Future of Criminal Justice:

My vision for constitutional law in the area of criminal justice in 2020 relates to race, policing and the Fourth Amendment. I envision a future in which courts acknowledge and take into consideration the complexity of race and its effects on police behavior rather than denying its influence or dividing the police into conscious bigots on the one hand and non-racists on the other. In order to realize this vision, courts must broaden their conception of Fourth Amendment reasonableness to include consideration of the effects of implicit (unconscious) racial biases on police behavior. (For a fuller discussion, see my forthcoming article in the Minnesota Law Review here).

Read the rest of her post on Balkinization.

Via @normative

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