Sherri Lee Keene
This Essay challenges courts to acknowledge and address racial bias in the courtroom at a more fundamental level. It discusses the limitations of judicial review, which fails to appreciate the potential impact of implicit racial bias on a police officer's assessment of a citizen's behavior. Specifically, it focuses on the Supreme Court's Fourth Amendment reasonable suspicion analysis and explains how the potential for biased decisionmaking is worsened in a legal system where race is deemed legally irrelevant, and as a result not meaningfully considered. Moreover, this Essay discusses the specific challenge of cognitive shortcuts that can mask implicit racial bias, limiting a court's ability to recognize its potential influence and thus engage in a robust review of police officers' actions.