Implicit bias skews prosecutors’ pretrial decisions against defendants of color

Evidence

In considering whether to oppose bail or offer a plea bargain, there are many points in which implicit bias can impact a prosecutor’s pretrial decisionmaking process. For example, research indicates that defendants of color receive worse pretrial detention decisions than their White counterparts in certain jurisdictions (Task Force Report, 2012). — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1388