Safeguarding trials from racial bias: Questions to ask

Good list of questions to ask:

Moving forward, we need to insist that whenever we are interrogating the admissibility of evidence in cases involving Indigenous and racialized accused or victims, that we ask the following questions:

• Is there a danger that the logical connection or inference we seek the judge or jury to draw from the evidence is rooted in stereotypical assumptions?
• Is there a danger that the evidence does not support the purpose for which it is being led, because it is likely connected to systemic factors such as colonialism or structural racism?
• Is there a danger that the evidence will trigger stereotypical assumptions and thereby distort or taint the reasoning process?

Every day in our criminal courts, evidence is led that has the potential to corrupt the trial process because it triggers racial bias. All lawyers and judges have the ethical and moral obligation to ensure that all available steps are taken to protect our trials from this.

Source: Safeguarding trials from racial bias