More recently, we’re seeing an increase in bias toward those who are “not us” in one way or another. We write about this on our blog (The Jury Room) and in articles available for download on our website (http://www.keenetrial.com/). I think what the 20/20 series does is shows us how, when we are not aware we are being watched, we behave. And it often isn’t pretty.

What we see in our work is that the more NON-salient the ethnicity/race of the litigant is to case facts, the more bias we see. It’s counter-intuitive in some ways but not in others. NON-salient ethnicity/race does not alert us to be wary of our biases and so we act out of stereotypes and pre-existing beliefs/biases rather than carefully considering facts.