Professor Bruce Green weighs in on the debate over the constitutionality of closed door trials as it pertains the recent case People v. Dwight Reid.
The very premise of implicit bias is that it’s not overt, so there is no way to say whether judicial conduct was or was not motivated by implicit racial bias or another cognitive bias. Rules of procedure have to factor in the possibility that judges, being human, have biases of which they themselves may not be aware,” Green said. “A trial judge must do the best she can to rest her decision on the facts, including her perceptions and observations.
Read “NY Top Court To Weigh Courtroom Closure’s Constitutionality” on Law360.
