Is Internalized Racism One More Piece of the Puzzle in Racial Disparities in Prosecution?

Abstract

Although diversifying the criminal justice apparatus may yield more equitable outcomes, empirical tests of how prosecutors’ race affects their decisions are limited. Informed by Internalized Racism Theory (IRT), we hypothesized that Black prosecutors would be most punitive toward Black defendants, followed by Latino/a defendants, and least toward White and Asian defendants. Employing hierarchical logistic modelling, we analyzed data from a large prosecutorial office to examine the extent to which prosecutors’ race is associated with racial disparities in custodial plea offers and charge reductions. We found notable support for our hypotheses. In cases disposed of by Black prosecutors, Black and Latino/defendants are significantly more likely to receive custodial plea offers than are similarly-situated White and Asian defendants. Although the direction of the relationship with charge reductions was in line with our hypotheses, no significant effects were detected.