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Equal Justice: Confronting Bias Within the Criminal Justice System

Level: Advanced
Runtime: 91 minutes
Recorded Date: October 28, 2019
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  • Does Implicit Bias Exist?
  • Can Bias be Measured?
  • Implicit Bias in Criminal Justice
  • Development of Implicit Racial Bias
  • ABA Model Rule 8.4(g)
  • ABA Model Rule 8.4(d)
  • Can rule 8.4(d) be enforced?
  • ABA 242
  • Practical Tips
  • Q & A
Runtime: 1 hour 31 minutes
Recorded: October 28, 2019


Justice in America is available in varying degrees for different groups of people and the effects have been highly visible in recent years. Reducing the influence of implicit bias is vitally important to strengthening relationships between the judicial system and minority communities. This program will help you understand the inequities within the criminal justice system and increase your knowledge and awareness of implicit bias.

This program was recorded on October 28th, 2019.

Provided By

American Bar Association
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Raymond C. Marshall

Sheppard Mulliin

Raymond Marshall is a business litigation and white collar investigations partner in the firm’s San Francisco office. He is also the Team Leader of the White Collar Defense and Corporate Investigations Team and Team Leader of the Securities Enforcement Team.

Raymond represents clients in both complex business litigation and white collar defense. He has conducted a wide array of internal investigations and company inquiries, including cases alleging insider trading, stock options backdating, securities fraud, accounting irregularities, antitrust violations, public corruption, FCPA and other corporate and individual wrongdoing. He has represented clients in civil, criminal and administrative proceedings brought by governmental authorities, including the Department of Justice and the offices of various U.S. Attorneys, State Attorneys General and District Attorneys.

Raymond serves on Sen. Dianne Feinstein’s Judicial Advisory Committee for the Northern District of California. Raymond also serves as an adviser to the American Law Institute on the Model Penal Code Sentencing Project. He is immediate past-President of the ABA Retirement Fund Board of Directors, a past member of the ABA Standing Committee on Federal Judiciary, and former president of both the State Bar of California and the Bar Association of San Francisco. In 2004 and 2007, he was appointed by Chief Justice Ronald M. George to chair the California Supreme Court’s Advisory Task Force on Multijurisdictional Practice.

In addition to his professional affiliations, Raymond is extremely active in community affairs and serves on the boards of the Equal Justice Society, the United Negro College Fund, and HomeBase/The Center for Common Concerns. In March 2009, he argued on behalf of five of the leading civil rights groups in the country (Asian Pacific American Legal Center, California State Conference of the NAACP, Equal Justice Society, Mexican American Legal Defense and Educational Fund, NAACP Legal Defense and Educational Fund) before the California Supreme Court, arguing that allowing Proposition 8 (a proposition which sought to outlaw gay marriage) to stand could be detrimental to other minority groups who could easily become the targets of initiative campaigns seeking to take away their rights.

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Justin D. Levinson

University of Hawaii William S. Richardson School of Law

Professor Levinson is a leader in the field of implicit bias and the law and an expert in psychological decision-making in the legal system. His scholarship, which regularly employs experimental social science methodology, has appeared in the NYU Law Review, Yale Law Journal Forum, UCLA Law Review, and Duke Law Journal, among others, and has been cited by the United States Supreme Court. Professor Levinson served as lead editor of Implicit Racial Bias Across the Law, a volume that was published by Cambridge University Press in 2012 (co-edited by Robert J. Smith). He has lectured, taught courses, and trained audiences globally, including in Eastern and Western Europe, East and Southeast Asia, Australia, and the Middle East.

In 2008, Professor Levinson founded the Culture and Jury Project, an interdisciplinary and international research collaboration devoted to facilitating the study of human decision-making in the law. He is currently collaborating with scholars in China, Japan, and Korea, as well as domestically in the United States.

Professor Levinson previously practiced corporate law at Wilson Sonsini Goodrich & Rosati in Palo Alto, California. He has served as Visiting Assistant Professor at Beijing University, and as a Fellow at the Culture and Cognition Lab at UC Berkeley. He regularly teaches Business Associations, Law and Psychology, Corporate Finance, High Growth Entrepreneurship, and has offered a seminar on Implicit Bias and the Law.

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Sarah E. Redfield

Professor Emerita
University of New Hampshire Franklin Pierce School of Law

Sarah Redfield is Professor Emerita at the University of New Hampshire School of Law and Affiliate Professor at the University of New Hampshire College of Education and Women’s Studies Program. She is a member of the Maine Bar.

Education law is her primary practice and teaching area. Her research and scholarship are focused on diversity and inclusion in the legal profession and along the education pipeline. Her current work continues her long-standing interest in Diversity, Equity, & Inclusion and concentrates on implicit bias and on strategies to interrupt that bias and reduce the negative consequences of its manifestations in legal, medical, education, and workplace environments.

With Judge Bernice Donald, Professor Redfield is Co-Chair of the Criminal Justice Section Implicit Bias Initiative. She also currently serves on several high-level American Bar Association (ABA) diversity initiatives including the Diversity and Inclusion Advisory Council; the ABA Commission on Disability Rights; and the Criminal Justice Section Women’s Task Force.

Professor Redfield is a nationally respected author, presenter, and trainer. She is the editor and chapter author of the ABA book on implicit bias, Enhancing Justice: Reducing Bias, her recent publications also include Implicit Bias, PLI Current and Reversing the School-to-Prison Pipeline Preliminary Report, 47 Memphis Law Review 1. She was a lead author for the ABA Section on Litigation’s Toolbox on Implicit Bias, lead consultant for the ABA project on Achieving an Impartial Jury, and the expert advisor for the State Bar of California’s online bias course. Her recent presentations include various iterations of Implicit Bias, Bias Interruption, and Leadership D&I Training for Arizona State University, the Florida Criminal Justice Summit, U.S. Attorney Offices, and other agencies and non-profits. She has worked for over a decade training judges, lawyers, and educators from all areas of practice and all parts of the country; more recently she has started work with NGOs interested in improving their diversity and equity profile.

Professor Redfield earned her B.A. degree from Mount Holyoke College, her J.D. degree from Northeastern University School of Law, and her LL.M. from Harvard Law School. Prior to her teaching career, Professor Redfield served as Assistant Attorney General and Associate Commissioner of Agriculture for the State of Maine.

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