Black Defendants Research Articles

Racial bias as a multi‐stage, multi‐actor problem: An analysis of pretrial detention

AbstractAfter arrest, criminal defendants are often detained before trial to mitigate potential risks to public safety. There is widespread concern, however, that detention decisions are biased against racial minorities. When assessing potential racial discrimination in pretrial detention, past studies have typically worked to quantify the extent to which the ultimate judicial decision is conditioned on the defendant's race. Although often useful, this approach suffers from three important limitations. First, it ignores the multi‐stage nature of the pretrial process, in which decisions and recommendations are made over multiple court appearances that influence the final judgment. Second, it does not consider the multiple actors involved, including prosecutors, defense attorneys, and judges, each of whom have different responsibilities and incentives. Finally, a narrow focus on disparate treatment fails to consider potential disparate impact arising from facially neutral policies and practices. Addressing these limitations, here we present a framework for quantifying disparate impact in multi‐stage, multi‐actor settings, illustrating our approach using 10 years of data on pretrial decisions from a federal district court. We find that Hispanic defendants are released at lower rates than white defendants of similar safety and nonappearance risk. We trace these disparities to decisions of assistant US attorneys at the initial hearings, decisions driven in part by a statutory mandate that lowers the procedural bar for moving for detention of defendants in certain types of cases. We also find that the Pretrial Services Agency recommends detention of Black defendants at higher rates than white defendants of similar risk, though we do not find evidence that these recommendations translate to disparities in actual release rates. Finally, we find that traditional disparate treatment analyses yield more modest evidence of discrimination in pretrial detention outcomes, highlighting the value of our more expansive analysis for identifying, and ultimately remediating, unjust disparities in the pretrial process. We conclude with a discussion of how risk‐based threshold release policies could help to mitigate observed disparities, and the estimated impact of various policies on violation rates in the partner jurisdiction.

Examining Racial and Ethnic Disparity in Prosecutor's Bail Requests and Downstream Decision-making.

Although research into prosecutorial and judicial decision-making has been conducted for the past three decades, a great deal still remains unknown. Most research focuses on the 'back end' of the adjudication process, leaving decision points prior to the final phases unanalyzed. Drawing on unique data from the New York County District Attorney's Office that tracks 43,971 felony complaints, this research explores racial and ethnic disparity at multiple decision points during case processing, with a focus on the prosecutor's initial bail request. A combination of regression modeling and path analysis were applied, revealing that the effects of race and ethnicity vary by decision point. Black defendants demonstrated increased bail requests and likelihood of indictment. However, together with Latino defendants, they were less likely to be detained prior to trial compared with White defendants. Despite identifying a mix of positive and negative cumulative effects, we found significant indirect effects of black defendants via bail request that contribute to the unwarranted racial disparities in both pre-trial detention and indictment outcomes. Insights gleaned from this research help prosecutors understand how their initial actions influence final outcomes, as well as contributing to the national conversation on the use of cash bail.

Supplemental Material for The Role of Social Desirability and Establishing Nonracist Credentials on Mock Juror Decisions About Black Defendants

Supplemental Material for The Role of Social Desirability and Establishing Nonracist Credentials on Mock Juror Decisions About Black Defendants

Systemic racism in data practices

Systemic racism in data practices

Examining the causal effect of pretrial detention on case outcomes: a judge fixed effect instrumental variable approach

Exploiting quasi-random assignment to NYC arraignment judges with varying propensities to detain, we use a judge fixed effect instrumental variable approach to estimate the impact of pretrial detention on several case outcomes: guilty plea, conviction, and carceral sentence. We find that any period of pretrial detention increases the likelihood of a guilty plea by 23 percentage points, a conviction by 24 percentage points, and a carceral sentence by 35 percentage points. Stratified analyses show differences in the size of the effect by charge severity and race: felony defendants experienced a larger effect on all case outcomes; non-Black defendants experienced a larger effect on guilty pleas and convictions; and Black defendants experienced a larger effect on carceral sentences.

Cognitive and Affective Precursors to Decisions to use Lethal Force Against Black Suspects: A Virtual Reality Application

Here we investigated the role of physiological stress on participants' lethal force decisions with Black suspects using a novel virtual reality (VR) paradigm. We examined the conditional and mediational roles of implicit racism and visual attention to Black suspects. For this study, we filmed a series of high-risk suspect-police interactions with a 360° video camera which, when viewed through the VR headset, embeds the participants in these scenarios from the perspective of a police officer. Embedded eye tracking in the VR enabled assessment of both physiological stress (through pupil dilation) and attention (through gaze location). Analysis of these behavioral data with criminal justice majors ( N = 39) revealed a facilitative function of physiological stress for improving accuracy in lethal force decisions, specifically among those with low levels of implicit racism. Findings also indicated that dysregulated attention—characterized by either disorganized or fixated attentional patterns—compromised lethal force decision making. Results are discussed in relation to future applications of VR to inform our understanding of cognitive and affective precursors of poor decision making. Implications include the promise of cognitive-behavioral interventions for mitigating dysregulated attention patterns, ultimately towards the end of reducing unwarranted uses of lethal force against Black men and women.

Police agencies on Facebook overreport on Black suspects

A large and growing share of the American public turns to Facebook for news. On this platform, reports about crime increasingly come directly from law enforcement agencies, raising questions about content curation. We gathered all posts from almost 14,000 Facebook pages maintained by US law enforcement agencies, focusing on reporting about crime and race. We found that Facebook users are exposed to posts that overrepresent Black suspects by 25 percentage points relative to local arrest rates. This overexposure occurs across crime types and geographic regions and increases with the proportion of both Republican voters and non-Black residents. Widespread exposure to overreporting risks reinforcing racial stereotypes about crime and exacerbating punitive preferences among the polity more generally.

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

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.

Battling bias: can two implicit bias remedies reduce juror racial bias?

ABSTRACT Two studies examined the effectiveness of the Unconscious Bias Juror (UBJ) video and instructions at reducing racial bias in Black and White mock-jurors’ decisions, perceptions, and counterfactual endorsement in a murder (Study 1; N = 554) and battery (Study 2; N = 539) trial. Participants viewed the UBJ video or not, then read pretrial instructions (general or UBJ), a trial summary, and posttrial instructions (general or UBJ). In Study 1, juror race moderated the effect of defendant race on verdicts, culpability, and credibility. White, but not Black, jurors demonstrated greater leniency toward Black defendants for verdicts, culpability, and credibility. The UBJ video moderated the effect of defendant race on murder counterfactual endorsement. Only when the video was absent was jurors’ counterfactual endorsement higher for the White versus Black defendant, which mediated the effect of defendant race on White jurors’ verdicts. In Study 2, White jurors were more lenient regardless of defendant race. Instructions and juror race moderated the video’s effect on credibility ratings. The video only influenced Black jurors’ credibility ratings. In conclusion, the debiasing interventions were ineffective in reducing racial bias in jurors’ verdicts. However, they do impact aspects of juror attribution and may be effective with modification.

Punishing Neighborhood “Outsiders”: Neighborhood Punishment Rates and the Spatial Mis(match) Between Defendants’ Residence and Arrest Locations

This study examines how “outsider” arrests (i.e., arrests that happen in neighborhoods where defendants do not reside) and other covariates impact community-level punishment outcomes. Using census tract-level data on drug, violent, and property crime arrests occurring in Miami- Dade County (Florida) between 2012 and 2015, we estimate negative binomial regression models across three key punishment stages (pretrial detention, conviction, incarceration). Our findings suggest neighborhoods with higher levels of “outsider” cases, concentrated disadvantage, and Black defendants experience significantly higher rates of pretrial detention, conviction, and incarceration, net of controls. These findings vary across crime types, implying that such factors may also shape court actors’ focal concerns regarding neighborhood outsiders and other demographic factors. We discuss implications and directions for future research.

Measuring Racial Discrimination in Bail Decisions

We develop new quasi-experimental tools to measure disparate impact, regardless of its source, in the context of bail decisions. We show that omitted variables bias in pretrial release rate comparisons can be purged by using the quasi-random assignment of judges to estimate average pretrial misconduct risk by race. We find that two-thirds of the release rate disparity between White and Black defendants in New York City is due to the disparate impact of release decisions. We then develop a hierarchical marginal treatment effect model to study the drivers of disparate impact, finding evidence of both racial bias and statistical discrimination. (JEL J15, K42)

Use of force during stop and frisks: Examining the role of suspect demeanor and race

PurposeThis study examines predictors of suspect demeanor, the relationship between demeanor and use of force during stop and frisks, and whether this relationship varies across suspect race. MethodsMultilevel models using 2018–2020 NYPD Stop, Question, and Frisk data are used to examine demeanor and assess the role of race and demeanor on use of force. ResultsResults demonstrate that race is significantly associated with officer perceptions of suspect demeanor and demeanor impacts use of weapon and non-weapon force. Specifically, calm suspects are less likely to experience both forms of force and upset, angry, and non-compliant/aggressive suspects are more likely to experience both forms of force. Although race was found to significantly predict demeanor, suspect race does not appear to moderate the impact of demeanor on use of force with a few exceptions. For example, non-compliant/aggressive Black and Hispanic suspects are more likely to face non-weapon force compared to non-compliant/aggressive White suspects and calm Black suspects are more likely to face weapon force compared to calm White suspects. ConclusionSuspect demeanor is missing from stop and frisk research, but findings suggest that race may shape perceptions of demeanor and demeanor may play an important role in understanding use of force.

Severe mental illness, common mental disorders, and neurodevelopmental conditions amongst 9088 lower court attendees in London, UK

BackgroundCourt Mental Health Liaison and Diversion Services (CMHLDS) have developed in some countries as a response to the over-representation of mental illness and other vulnerabilities amongst defendants presenting to criminal justice (or correctional) systems. This study examined the characteristics and rates of mental disorder of 9088 defendants referred to CMHLDS.MethodThe study analysed service level data, obtained from the National Health Service’s mental health data set, to examine characteristics relating to gender, ethnicity and comorbidity of common mental and neurodevelopmental disorders at five CMHLDS across London between September 2015 and April 2017.ResultsThe sample included 7186 males (79.1%) and 1719 females (18.9%), the gender of 183 (2%) were not recorded. Of those referred, 6616 (72.8%) presented with an identifiable mental disorder and 503 (5.5%) with a neurodevelopmental disorder (NDD). Significantly higher rates of schizophrenia were reported amongst Black defendants (n = 681; 37.2%) and Asian defendants (n = 315; 29%), while higher rates of depression were found amongst White defendants (n = 1007; 22.1%). Substance misuse was reported amongst 2813 defendants (31%), and alcohol misuse amongst 2111 (23.2%), with significantly high rates of substance and alcohol misuse amongst defendants presenting with schizophrenia or personality disorder.ConclusionsThis is one of the largest studies to examine mental health needs and vulnerabilities amongst defendants presenting to CMHLDS. It will enable an improved understanding of the required service designs and resources required to manage the healthcare pathways for people attending CMHLDS.

Plea Bargaining and Trial Decisions in Context: An Examination of Disparities in Punishment

Racial and ethnic disparities in the criminal justice system have been well documented in prior research. Despite this, few studies have explored the extent of disparities after accepting a plea bargain compared with proceeding to trial. The distinction between plea bargaining and going to trial is highlighted because judicial officials are more constrained by the law when making punitive decisions following a trial. Thus, there should be fewer disparities in punitive outcomes among defendants who went to trial. Using Florida Sentencing Guidelines data from 2010 to 2017 combined with county-level data from the 2010 United States Census, the current study contributes to prior research by investigating whether the size of the Black and Latino populations influences disparities in punitive outcomes among Black, White, and Latino defendants after accepting a plea bargain and going to trial. The results suggest that Blacks sentenced in counties with a growing Black population are less likely to receive a jail sentence but more likely to receive a prison sentence after accepting a plea bargain. However, they are less likely to receive a prison sentence after proceeding to trial when sentenced in areas with a larger share of Black residents. In contrast, Latino defendants who accept a plea bargain are more likely to receive a jail sentence but less likely to be sentenced to prison in areas with a growing ethnic presence. Furthermore, Black defendants sentenced in areas with a change in Black populations receive shorter sentences after accepting a plea bargain. Our analyses provide an intricate story about race/ethnicity, place, and threat in the state of Florida. Overall, the results show that the social context matters, but differently pertaining to punishment outcomes disposed of by plea bargains and trials.

The Color of the Third Degree: Racism, Police Torture, and Civil Rights in the American South, 1930–1955

The Color of the Third Degree: Racism, Police Torture, and Civil Rights in the American South, 1930–1955

Race, Crime, and the Public’s Sentencing Preferences

Abstract We report findings from a conjoint experiment where respondents indicated what they viewed as an appropriate sentence for a series of hypothetical individuals convicted of federal crimes. The experiment signaled the race of the defendant by using distinctively “Black” and “white” names, allowing us to assess whether Americans are more punitive toward purportedly Black defendants. We also consider whether signals of the defendant’s race condition the effects of the crime and various defendant characteristics. Surprisingly, the direct effect of our signal of defendants’ purported race is null. We present evidence that this null finding is a product of offsetting tendencies: respondents who view persistent racial inequalities as the product of both past and ongoing institutional factors prescribed lengthier sentences for white defendants; those who discount these explanations prescribed lengthier sentences for Black defendants.1 We find only scattered evidence that the signal of defendants’ race moderates the effects of other characteristics of the crime and defendant. Our approach and findings not only offer insights into how racial attitudes shape perceptions regarding what constitutes just punishment for crimes in the contemporary United States, but also demonstrate a novel approach to studying this domain and point to an array of promising avenues for future research.

Differential Prediction by Race in IRAS-PAT Assessments: An Application of Debiasing Strategies

There remain serious concerns about the potential for pretrial risk assessments to exacerbate racial disparities. Yet, current evidence on differential prediction in pretrial risk assessments is limited. The present investigation tests for differential prediction by race as an indication of bias in Indiana Risk Assessment System–Pretrial Assessment Tool (IRAS-PAT) assessments. Using pooled data drawn from a five-county IRAS-PAT validation, which included 689 Black and 2,850 White defendants, we primarily used a hierarchical regression-based approach to test between-group differences in the slopes of regression lines. Where slope-based bias was present, differential prediction was reevaluated once algorithmic corrections were applied. Findings showed IRAS-PAT assessments produced less accurate predictions of pretrial misconduct for Black defendants relative to White defendants. Only one debiasing strategy—which accounted for item-level differences across subgroups—corrected differential prediction. Debiasing strategies can mitigate differential prediction but may have limited utility for local jurisdictions under current legal frameworks.

Is all prejudice created equal? The role of modern and aversive racism in mock juror decisions

The current study examined whether aversive and modern racists would convict Black defendants differently based on theoretical differences: aversive racists are egalitarian and discriminate when not reminded of their values, whereas modern racists do not espouse egalitarian values and discriminate when a non-racial reason exists to justify their behavior. Participants read a criminal trial where defendant race (Black vs. White), race salience (present vs. absent), and justification (weak vs. strong evidence) were manipulated. Results showed that aversive and modern racists convicted the Black defendant at similar rates, but aversive racists were more likely to convict the White than the Black defendant. Aversive racists were also more egalitarian and less socially conservative. The finding that aversive racists convict Black and White defendants differently, but modern racists did not, suggests the importance of distinguishing aversive and modern racists to obtain a more complete picture of racial discrimination in juror decision making.

“Extremely Creepy, but Nothing he did was Illegal”: Charging Patterns During Prearrest Screening

We examine an approach to case screening where prosecutors screen requests for charges before a felony arrest is made. In 2016, Franklin County prosecutors declined to authorize arrests in 17.5% of felony cases. Declination rates, however, varied widely between offense types. Prosecutors most commonly did not authorize an arrest due to insufficient evidence, no crime having occurred, or follow-up needed. Among other findings, the cases of Black defendants, as compared to White defendants, were more likely to be declined due to insufficient evidence and additional follow-up needed. We conclude that prearrest screening by prosecutors can filter out weak cases early, increasing efficiency for the prosecutor’s office, saving the government money, and minimizing the impact of a “bad” arrest on a defendant.

Unequal Jury Representation and Its Consequences

We analyze the extent and consequences of unequal representation on juries in Harris County, Texas. We first document that residents from predominantly White and high-income neighborhoods are substantially overrepresented on juries. Using quasirandom variation in those called for jury duty each day, we next establish that Black defendants are more likely to be convicted and receive longer sentences from juries with more residents from these overrepresented neighborhoods. We estimate that equal representation would reduce Black defendants’ median sentence length by 50 percent and the probability of receiving a life sentence by 67 percent. Straightforward remedies could mitigate these legally unwarranted racial disparities. (JEL J15, K41)