The Ideal of Impartiality

In theory, judges are the embodiment of fairness. They are expected to be impartial referees, interpreting the law without personal or political influence.

A courtroom judge wears a robe not just for tradition—but to symbolize that they stand above personal interests, race, class, or ideology.

But in practice, are judges truly neutral?

Sources of Judicial Bias

Judges, like all humans, have beliefs, values, and life experiences that shape how they see the world. Bias can come in many forms:

• Implicit Bias – unconscious attitudes about race, gender, or class

• Political Bias – especially in systems where judges are elected or appointed by partisan leaders

• Cultural Bias – assumptions about “normal” behavior or credibility

• Institutional Bias – favoring police testimony, prosecutors, or corporate defendants due to repeated exposure

Even with training and ethical codes, these influences can shape decisions in subtle, sometimes powerful ways.

Examples of Concern

• In some studies, Black defendants receive harsher sentences from certain judges, even when other factors are controlled.

• Elected judges may issue tougher rulings during campaign season to appear “tough on crime.”

• In immigration courts, asylum approval rates vary wildly from judge to judge—even in similar cases.

Can justice tolerate such inconsistency?

The Role of Judicial Selection

In the U.S., judges are chosen in different ways:

• Federal judges are appointed by the President and confirmed by the Senate—lifetime positions that protect them from political pressure, but raise concerns about ideological bias.

• State judges may be elected, appointed, or both—raising concerns about campaign donations, popularity contests, or political retaliation.

Each system balances accountability and independence, but none fully eliminates the risk of bias.

Can Technology Help?

Some scholars propose using data analytics to identify patterns of judicial bias—or even using AI to assist in sentencing or case review. But can we trust machines to deliver justice, or would they inherit human prejudice in a new form?

Thought Questions

• Should judges be elected by the people or insulated from politics?

• How can we measure and correct for judicial bias?

• Can perfect neutrality ever be achieved—or is it just an ideal we must strive toward?

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Lesson 4 – Plea Bargaining: Justice or Coercion?