By Ana Swanson | The Washington Post | July 20, 2015

We like to believe that decisions made in U.S. courts are determined by the wisdom of the Constitution, and guided by fair-minded judges and juries of our peers.

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 common than we like to think, and that our personal biases play a disturbingly strong role. He also argues that there are clear and easy steps that we could follow to limit these injustices, if we care to take them. Continue reading »