Facial stereotype association, not race alone, drives harsher sentencing and death penalties

Evidence

Studies involving the effects of darker skin and Afrocentricity of features on drug sentences and death penalty decisions are particularly powerful: skin tone and Afrocentric features were associated with significantly longer sentences in drug cases in Florida (Eberhardt et al., 2004) and were correlated with a greater likelihood of receiving the death penalty in cases where the victim was White (Eberhardt et al., 2006). — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1366 (#corroborates, via linked claim)

In one study, researchers randomly selected Black and White inmates from a correctional database and found no overall differences between the two groups in terms of sentences awarded (Blair et al., 2004). Yet, the researchers found that among the Black inmates, those with more stereotypical features received harsher sentences than those with less stereotypical features. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 861 (#expands, via linked claim)

Out-group bias. Another closely related phenomenon to racial bias is out-group bias, whereby jurors are more lenient toward defendants of their own racial/ethnic in-group, with higher conviction rates, guilt ratings, and harsher punishments for out-group defendants, and more lenient judgments for in-group defendants. For example, when racial issues were not discussed during the trial, out-group bias was evident for both Black jurors and White jurors (Sommers & Ellsworth, 2000). Just as White mock jurors were more likely to convict a Black defendant than a White defendant, Black mock jurors were more likely to convict a White defendant than a Black defendant. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 849 (#complicates, via linked claim)

Categorization

• XREF: connects to: Darker skin tone lengthens prison sentences even after legal factors are controlled.; Sentencing varies with stereotypical facial features even absent overall racial disparity. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 861; More racially prototypical faces are more likely to be shot — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 291 (+8 more)

Broader Connections

• Darker skin and Afrocentric features predict longer drug sentences and death sentences #corroborates (0.95) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1366
• Sentencing varies with stereotypical facial features even absent overall racial disparity. #expands (0.92) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 861
• Jurors of all races show symmetric out-group bias in punishment #complicates (0.78) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 849
• Observed sentencing disparities do not necessarily prove judge discrimination #complicates (0.75) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 773
• Judge-defendant race matching produces measurable in-group sentencing bias. #complicates (0.72) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 761