Racial disparities in prosecution vary by decision point and group

Evidence

In the Jacksonville area (Clay, Duval, and Nassau counties of Florida), in 2018, there were small racial disparities, especially when looking at all offenses combined. Overall, defendants of color have received better outcomes than White defendants, though not always. Black defendants received worse outcomes than similarly situated White defendants for pre-filing diversion and time-served sentences. Specifically, for every 1,000 Black defendants, there were 6 fewer defendants diverted at the prefiling stage, and there were 11 more Black defendants who received a time-served sentence. Hispanics were most disadvantaged at case filing: for every 1,000 Hispanic defendants, there were 29 more cases filed when compared to White defendants. But Hispanics were also least likely to receive a diversion, whether pre-filing (9 fewer Hispanics per 1,000) or post-filing (10 fewer cases per 1,000) diversion. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 583

There are a number of takeaways from the New York and Florida projects. First, racial and ethnic disparities do exist and they manifest themselves differently across different decision points and offense categories. Second, there are decision points where racial disparities are nearly nonexistent (for example, in judicial case dismissals, as shown in figures 4.1, 4.3, and 4.4). Third, when disparities exist, it is not always Black and Hispanic defendants who are treated most punitively. Fourth, the nature and scope of disparities likely vary by jurisdictions, and even the few case studies described above showed that. — Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law, 588

Categorization

• QUESTION: Black defendants fared worse on diversion but overall better outcomes — which specific offense categories drive that reversal is left to the full report.
• XREF: Connects to the earlier New York City prosecution-stage disparity studies this chapter opens by building on.
• 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…, 583; Joseph Avery, Jim Sidanius, Joel Cooper, Gregory Davis, Amanda N., Bias in the Law: A Definitive Look at…, 588