Using Meissner and Kassin’s (2002) terminology, the current study expects that white mock jurors will demonstrate higher rates of false alarms, or false positives, when evaluating confessions of African American suspects. Also, similar to the same-race leniency effect found by Sommers and Ellsworth (2000), it is expected that African American mock jurors will demonstrate attributing more false confessions to same-race confessors than other-race confessors. The current study integrates past research and theory on racial bias in juror decision-making, positing that White mock jurors will demonstrate higher rates of false alarms in cases involving African American suspects. In other words, White jurors will be biased towards believing that African American suspects are guilty, thus assuming the stereotype of minority criminality. This hypothesis was formed based on prior research indicating the presence of White juror biases against Black defendants, and in-group/out-group racial biases (Sommers & Ellsworth, …show more content…
This anticipated effect is explicated by the own-race versus other-race effect, which has been adapted from theories of eyewitness misidentification. An investigation into exonerations found that eyewitness misidentification is the leading factor related to wrongful convictions (Gross & Shaffer, 2012). The majority of these cases involve white female victims who misidentify their African American male attacker, leading to an innocent man’s wrongful conviction. A number of psychological theories have surfaced to explain this error in judgment, one of which is called the other-race effect, which states that individuals are more likely to make mistakes when identifying a suspect belonging to their perceived out-group, or the other-race, versus when identifying someone belonging to their own-race (Wells & Olson,
In an attempt to counter the racist claims of the defense, the jury was selected and was mostly African American females (Gaines 2001). The district attorney of Los Angeles believed that an all white jury would be ineffective if Simpson were to be found guilty (Thernstrom & Fetter 1996). This outcome of the jury selection upset the Caucasian population because they felt as though the jury selection gave Simpson the upper hand in the trial regardless of the fact that the jury was majority female. The defense counsel was able to control the jury, in a sense through instilling in their minds that the LAPD was in fact racist. At the trial’s conclusion approximately 83% of blacks believed that Simpson was guilty, whereas only 37% of whites believed that Simpson was guilty (Thernstrom & Fetter 1996). These allegations also pushed the evidence collected from the crime to be discredited as well.
Racial prejudice against McMillian is shown when the case was moved to a predominantly white county, therefore excluding other African-Americans from participating in the trail. Another example of racial prejudice against McMillian is shown when the court determines him to be guilty, despite hundreds of alibis proving his innocence and faulty allegations (Stevenson, 2014, p. 49-52, 66). These two examples show how racism plagues the American criminal
assistance of council, and procedural bars, venue, and jury selection, as well as potential racism by jurors. According to ( Tabak, 1999) “these reasons apply in cases in which the death penalty may be sought.” When illustrating the use of prosecutorial discretion two crime types that can be
Ever since the 1970’s, the number of mass incarcerations in the United States has increased by 700 percent. In many of these cases, African-Americans and other racial minority groups are seemingly more likely to become arrested and convicted compared to whites. Statistically speaking, one in eight African-American men in their twenties are currently in prison. As derived from the articles What Is Implicit Bias? and Mass Incarceration and People of Color, implicit biases have affected the reasoning for individuals in the criminal justice system. Police officers, judges, and jurors are prime examples of this. In addition, policies that blatantly target African-Americans and other racial minority groups are a result of implicit biases. Not only are public sector employees affected by implicit biases, everyone is affected by implicit biases. My results from taking the Implicit Association Test have supported this claim.
Can racial bias have an effect on the verdict of being guilty or innocent? The American judicial courtroom has been comprised of the nation’s many greatest racial discriminatory cases over the past century, but the most racially upstanding case, when referring to Harper Lee’s To Kill a Mockingbird includes The Scottsboro Trials. Both stories uprise in the 1930s, displaying a white supremacist mindset, which two cases fall into the conviction of rape. The Scottsboro case started on a train to northern Alabama to southern Tennessee, when nine African American boys, ranging in ages from 13-19, allegedly raped two “innocent” Caucasian women, Victoria Price and Ruby Bates. Racial discrimination uprises in American judicial system when shown in To Kill a Mockingbird and The Scottsboro Trials through the racial prejudice within the jury in the courtroom, easy accessibility to target African Americans, biased accusations, as well as the social pressure to serve in one’s defense.
There are large racial disparities in incarceration and related detainments for African Americans. They are more likely to be under the supervision of the Department of Corrections than any other racial or ethnic group (H.West, Sabol, & Greenman, 2010). Institutional racism is believed to be the reason why African Americans, especially males, are disproportionately represented in the criminal justice system. On balance, the public believes that discrimination against black people is based on the prejudice of the individual person, correlates to the discrimination built into the nation’s laws and institutions (Pew’s Research Center, 2017). This belief is actually supported through several experimental studies that provide evidence that African Americans are to be seen as more criminal and threatening than others thus more likely to be arrested or even shot (Greenwald, Oakes, & Hoffman, 2003). Racism within the criminal justice system very much exists and is still relevant.
To understand how deeply embedded prejudice is in our criminal justice system we must acknowledge that it is influenced by our society which
The intersection of racial dynamics with the criminal justice system is one of longstanding duration. In earlier times, courtrooms in many jurisdictions were comprised of all white decision-makers. Today, there is more diversity of leadership in the court system, but race still plays a critical role in many
Despite the efforts of lawyers and judges to eliminate racial discrimination in the courts, does racial bias play a part in today’s jury selection? Positive steps have been taken in past court cases to ensure fair and unbiased juries. Unfortunately, a popular strategy among lawyers is to incorporate racial bias without directing attention to their actions. They are taught to look for the unseen and to notice the unnoticed. The Supreme Court in its precedent setting decision on the case of Batson v. Kentucky, 476 U.S. 79 (1986), is the first step to limiting racial discrimination in the court room. The process of selecting jurors begins with prospective jurors being brought into the courtroom, then
In modern-day America the issue of racial discrimination in the criminal justice system is controversial because there is substantial evidence confirming both individual and systemic biases. While there is reason to believe that there are discriminatory elements at every step of the judicial process, this treatment will investigate and attempt to elucidate such elements in two of the most critical judicial junctures, criminal apprehension and prosecution.
Everyday, people are arrested for crimes they have committed. However, the justice system, in some cases, has failed to convict and arrest the right person. Innocent people have been sent to jail based upon the deliberate misidentification of suspects. Throughout U.S history, there have been several famous wrongful convictions such as the Scottsboro Boys and Ed Johnson (Grimsley). Their convictions were based on race due to the racial strife from the Jim Crow era. Base on David Love’s article, many convictions after the Jim Crow era were still being caused by misleading identification from eyewitness claims of the suspects being African Americans. Due to the advancement of forensic and DNA technology, lack of evidence from previous convictions
At the prosecution stage, African Americans are subject to racially biased charges and plea agreements (TLC, 2011). African Americans are less likely to have their charges dismissed or reduced or to receive any kind of alternate sentencing than their white counterparts (TLC, 2011). In the last stage, the finding of guilt and sentencing, the decisions of jurors may be affected by race (Toth et al, 2008) African Americans receive racially discriminatory sentences from judges (TLC, 2011). A New York study from 1990 to 1992 revealed one-third of minorities would have receive a lesser sentence if they were treated the same as white and there would have been a 5 percent decrease in African Americans sent to prison during that time period if they had received the same probation privileges (TLC, 2011). African Americans receive death sentences more than whites who have committed similar crimes (Toth et al, 2008). Because of the unfair treatment from the beginning to the end of the justice system there is an over represented amount of African Americans in prison (Toth et al, 2008). Some of the problems faced by African Americans in prison are gangs, racial preferences given to whites, and unfair treatment by prison guards (Toth et al, 2008).
The bias in the American criminal justice system is first reported in the first stages of the system, which includes the (act of asking questions and trying to find the truth about something) and arrest of the suspected people by police personnel (American Civil Liberties Union, 2013). These police personnel discriminately target the minorities as criminal suspects, which eventually skews the racial population of the people arrested, charged, put in jail or convicted (Cole, Smith, & DeJong, 2013). One of the key problems suffering (from sickness) the U.S. criminal justice system is (assuming certain races of people are more likely to commit crimes) (Cole, Smith, & DeJong, 2013). This involves the identification of criminal suspects on the basis race or (special way of speaking/mark that shows emphasis). According to Cole, Smith, & DeJong (2013), (assuming certain races of people are more likely to commit crimes) is widespread because the police agents enjoy a large amount of (ability to make wise decisions) as to who they think about/believe as a suspect. For example, in Baltimore, African-American car/truck drivers are discriminately stopped for minor traffic offenses because they are believed to be more likely tobe start/work at more serious criminal activity than whites (Saad, 2011). This results in a large percentage of innocent African-Americans and other minority drivers such as Puerto Ricans, Colombians and Cubans to be illegally subjected to the embarrassment (in
Similarly, there is need to examine whether race plays a role in determining if one is convicted or released. This is because an all-white bench convicted Hunt, who is of African American descent, of a crime he did not commit. Whether racial prejudice plays any role in our criminal and justice system needs critical examine since the law should be fair and equal before all. A non-discriminative judicial system will enhance public trust and eliminate cases of wrongful conviction.
Having a diverse bench is critical to having a successful criminal justice system. The United States court system follows a presumption of innocence, meaning those who enter a courtroom are presumed innocent until proven guilty. This presumption of innocence is not always found in the courtroom. Every courtroom actor, whether consciously or unconsciously, has a bias towards the defendant and may even presume guilt before the case begins. This is especially true when there is a white judge acting on cases involving a defendant who is a part of the minority. Judges who represent the minority are not only unbiased towards defendants of their own race, but they also bring new perspectives to the bench (Haire & Moyer, 2015). They present ideas, understandings, and