Even unbiased prosecutors can perpetuate racial disparity through inherited policies

Evidence

As we saw from the previous section, there is little realization that prosecutors can cause racial disparities or exacerbate the disparities they inherit. I argue that, even most non-biased prosecutors can contribute to racial disparities. Prosecutors follow numerous laws, policies, and practices, many dating back decades. Some of these may contribute to disparities. The infamous crack versus powder cocaine sentencing law disparity is a powerful example. Risk assessment tools, the proliferation of which we have seen in recent years, are another example of how policies may trigger unintended racial disparity. When these tools are based on prior arrests, some of which may be the result of biased arrest practices, prosecutors can introduce disparity without even being aware of it. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 607

Categorization

• SEED: essay about how facially race-neutral institutional tools (risk assessment) inherit bias through upstream arrest data
• corroborated: 3 independent passages support this claim — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 607