DePaul Law Review Volume 58 Issue 3 Spring 2009: Symposium - Media, Race, Article 3 and the Death Penalty Race, Death and the Complicitous Media Justin D. Levinson Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Justin D. Levinson, Race, Death and the Complicitous Media, 58 DePaul L. Rev. 599 (2009) Available at: https://via.library.depaul.edu/law-review/vol58/iss3/3 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact
[email protected]. RACE, DEATH, AND THE COMPLICITOUS MIND Justin D. Levinson* INTRODUCTION Despite the historical racial imbalance in capital punishment,1 inter- disciplinary scholarship has failed to investigate fully how the human mind may automatically and systematically facilitate racial bias against African-American defendants in capital cases. Considered in the legal context, well-developed social science principles may help reveal how people's automatic and unintentional cognitive processes may either propagate racial disparities in the death penalty or serve as a masking agent in covering up those disparities. As social science research continues to demonstrate the power and pervasiveness of im- plicit racial bias in American society,2 it is important to consider how * Associate Professor of Law and Director, Culture and Jury Project, William S. Richardson School of Law, University of Hawai'i at M~noa. I would like to thank Andrea Lyon for inviting me to participate in the DePaul Law Review Symposium, Media, Race, and the Death Penalty.