Implicit Social Cognition and the Justice System: The Pros and Cons of Autopilot

1. Implicit Social Cognition and the Justice System:The Pros and Cons of Autopilot Shawn C. Marsh, Ph.D. Chief Program Officer - Juvenile Law National Council of Juvenile and Family Court Judges Seattle, WA– May 2013

2. THE BRAIN

3. B: Biases R: Really A: Are I: Inherently N: Normal

4. Goals for Today • Explore the condition of being human. • Normalize the association between how we process information about others and how we interact with others (social cognition). • Challenge the notion of “color blind”, “age blind”, “gender blind”, etc. Nothing presented today, however, is an excuse.

5. Why is this Important? • Social cognitive processes likely influence our decisions at all points in the justice system/child and family serving systems. [More on this later…] • Historically, these fields have not given much attention to social cognition in their efforts to address disproportionate minority contact and disparate treatment.

6. What terms do we need to know other than “social cognition”?

7. In group (us) • Out group (them) • Minimal group paradigm – it doesn‘t take much for humans to establish preference and belonging

8. Common in/out group divides: • race • gender • age • body type

9. Bias is a preference for a group based on attitudes, heuristics, schemas, stereotypes, etc. • Can be positive or negative • Explicit (aware) • Implicit (unaware)

10. So… how human are we? TEST YOUR AWARENESS…

12. Information Processing • We are constantly bombarded with information and stimulus. • Processing all of this “stuff” would simply overwhelm us. • Our brain has to quickly sort through and categorize information and stimulus for us to function. • And that (automatic processing) can be very useful…

14. Automaticity: Other Examples

16. The brain is very efficient… • Please read the following… • I adda a qwer zcada eqai adfjk, fdaklad goo? • Now, read this… • I cnnoat blveiee I aulaclty uesdnatnrd waht I am rdanieg.

17. However, sometimes things don’t go so well: “When run-of-the-mill failure just isn’t good enough.”

18. Seeing is believing… (perception)

19. Seeing is believing… (continued)

20. Automatic Processing and Interference:Read the Word BLACK BLUE GREEN RED YELLOW BLUE RED BLACK GREEN

21. Automatic Processing and Interference:Say the Color of the Word BLACK BLACK GREEN BLUE RED YELLOW SHARK! BLUE RED

22. Cognitive Load

24. Your Card Is Gone

26. None of cards in 1st slideare in 2nd slide… 1st 2nd

27. Low effort processing “Peripheral” Tend to engage when under high cognitive load or stress Fast - relies on heuristics Often inaccurate High effort processing “Central” More likely to be engaged under low cognitive load and low stress Deliberate - considers “rules” carefully Improved accuracy Can help suppress acting on generalized information (to be continued) ThinkingaboutThinking

28. Representativeness Example • Angie is 30 years old. In college, she majored in accounting. She also was very concerned with issues of social justice and discrimination. Is Angie more likely to be: • a bank teller, or • a bank teller and active in the feminist movement? Hi, I’m Angie

30. Recap • We are flooded with information • We process a lot of information automatically (low effort) • Automatic processing is necessary for us to function • Automatic processing can be very helpful • Fight or flight / primitive brain • Saves cognitive resources • Automatic processing can be very unhelpful • On some tasks we pay a price for efficiency (interference) • Is not always accurate

31. The Lunch Date…

32. Stereotypes • The process of developing categories of information begins at birth. • As we mature, categories develop around observables. • Color • Gender • Age • Body type

33. Stereotypes • Over time, we pair characteristics with categories. • We learn characteristics of categories from many sources (e.g., parents). • The characteristics we attach to a category are a stereotype. • Stereotypes can be positive or negative as well as generally accurate or inaccurate.

34. Stereotypes…

40. RECIPROCITY Implicit Bias • It is a non-conscious preference for a group. • It likely influences our decisions. • It works both ways between actors.

41. How Do We Know It Exists?

42. BANAJI and GREENWALD…

43. Results • Time to recall and respond reflects strength of associations we hold between categories and characteristics • Faster times suggest more “practiced” or stronger linkages (i.e., routine, comfortable, etc.) • Slower times suggest less “practiced” or weaker linkages (i.e., uncommon, uncomfortable, etc.) • Significant (statistical) difference in speed suggests a bias • Usually reported on a continuum from “none” to “strong” https://implicit.harvard.edu/implicit/demo/

44. But… …does existence of an implicit preference (bias) = biased behavior? Good Question! Emerging research suggests the answer – at an aggregate level – is YES.

45. Implications

46. Decision, decision, decisions…

47. Decisions, decisions, decisions…

48. Decisions, decisions, decisions…

49. Other Considerations • Are decisions influenced by “things” other than stereotypes and implicit bias? • ALMOST CERTAINLY! • Environment (social and physical) • Self-fulfilling prophecy • Confirmation bias • Fundamental attribution error • Stereotype threat • Just World Beliefs • Socially constructed roles • Social (total) institutions