Racial disparities in judicial outcomes do not necessarily prove unequal treatment

Evidence

Although “Equal Justice under Law” is etched on the façade of the U.S. Supreme Courthouse, and justice is expected to be blind, it has been shown that judicial decisions are correlated with such personal attributes as defendants’ race and gender. Because judicial decisions are made by judges in most cases (e.g., in bench trials in federal and districts courts or by a panel of judges in appellate courts) the focus has been on the verdicts handed down by judges. While lay observers attribute the race and gender disparities in judges’ decisions to discrimination, these differences do not necessarily indicate disparate treatment. This is because a number of defendants’ attributes may be correlated with race and gender, and these attributes may directly or indirectly impact case outcomes. Examples of these attributes include observable factors such as socioeconomic circumstances, as well as difficult-to-observe characteristics such as criminal proclivity. Thus, detailed characteristics of the defendants and those of their case files need to be accounted for in order to tease out their impact on judicial decisions. Only then is it possible to statistically estimate the true impact of race and gender on judicial outcomes. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 773 (#corroborates, via linked claim)

Categorization

• XREF: connects to: Diversity jurisdiction remains contested over whether state courts now treat nonresidents fairly — G. Alan Tarr, Judicial Process and Judicial…, 267; Caseload volume does not determine how much courts rely on plea bargaining — G. Alan Tarr, Judicial Process and Judicial…, 1768; Observed race disparities in sentencing do not fully capture judicial bias. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 744 (+9 more)

Broader Connections

• Observed sentencing disparities do not necessarily prove judge discrimination #corroborates (1.00) — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 773
• Racial disparities in sentencing can arise without any judicial bias or discrimination #corroborates (1.00)