Racial bias infects prosecutors’ pretrial bail and plea decisions

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). In evaluating bail procedures, implicit bias may also operate through “the implicit devaluation of the defendant” (Smith & Levinson, 2012, p. 814). — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 1388

Categorization

• XREF: Directly serves the reader’s legal-institutional bias thread on how implicit bias enters discretionary decision points before trial.
• corroborated: 2 independent passages support this claim — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 1388