SIGNATURE WORK
CONFERENCE & EXHIBITION 2023

Judges’ decision-making in hearing, ruling, and sentencing is essential to the good functions of the judicial system. It is directly related to social equality, judicial justice, and the public’s faith and trust in the judicial system and the overall democratic design of the United States. Although normally perceived as rational and impartial after professional legal training and practice experience, judges are no different from the general public in resisting cognitive biases when making decisions. Implicit racial bias is one prevalent example that affects judicial decision-making. As implicit racial biases are unconscious and automatic, it is difficult for current interventions to effectively prevent them. The nudge theory proposed by Sustein and Thaler (2008) based on dual system and choice architecture, is targeted at reducing cognitive behavioral biases and using behavioral science knowledge to improve individual behavior and society. This paper aims to discuss the possibility of using the nudge theory to reduce implicit racial biases in judicial decision-making. It adopts an interdisciplinary perspective of law and behavioral science, using behavioral knowledge to explain and improve the judicial system, and provides a theoretical background of policy implementation. This also presents strong social responsibility and implications on the real-world application, promoting racial equality and judicial justice, further protecting democracy and the stabilization of society.