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Abstract

This article examines how bias and prejudice may impact the decision making process of our judiciary. It begins in Part II from the premise that all judges, as a part of basic human functioning, bring to each decision a package of personal biases and beliefs that may unconsciously and unintentionally affect the decision making process. To the extent that we, as judges, recognize the potential for bias to enter into our deliberations, we combat the potential harm and unfairness that bias can produce if unchecked. Moreover, attorneys and other participants in the justice system should also be conscious of the operations of bias, both in the judges before whom they practice and in their own representation as counselors.

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