Abstract
Washington courts have attempted to prevent the issues created by implicit bias in jury selection by adopting an objective Batson standard. However, since its adoption, Washington courts have failed to apply this “objective standard” in either (1) a consistent manner or (2) in a manner in line with the standard’s plain text and purpose. In fact, recent Washington appeals court decisions interpreting the standard threaten its ability to address implicit bias at all, reducing the bias to the realm of the immaterial.
This Comment advocates for a specific way that Washington courts should interpret the objective standard, one that still recognizes implicit bias as a material issue. However, this discussion also reveals several problems inherent to the objective standard, regardless of how Washington courts choose to interpret it. The inevitable conclusion may be that a legal standard is not the appropriate tool for addressing implicit bias at all. Perhaps the answers lie in procedure, not substance.
About the Author
J.D., UCLA School of Law, 2025; M.Mus., University of Michigan, 2016; B.M., University of Southern California, 2014. “If you show someone something you’ve written, you give them a sharpened stake, lie down in your coffin, and say, ‘When you’re ready.’” David Mitchell, Black Swan Green 145 (Random House trade paperback ed. 2007). The process of writing this comment has left me indebted to two UCLA Law School faculty: First, Professor Jerry Kang for his substantive guidance
on implicit bias and his feedback throughout the research and writing process, and second, Professor Andrew Verstein for fielding my constant questions about his scholarship. As always, I am grateful to my friends and colleagues on the UCLA Law Review for their late nights and over-
tabbed Bluebooks. Any mistakes within are entirely my own and in spite of their best efforts. And of course, a final thanks to my family (both close and extended) and friends (both near and far) for their unyielding support. So, when you’re ready . . .
