Racism (26): Racism in Criminal Justice

African Americans get, on average, a raw deal from the criminal justice system in the US. They get arrested more often, in part because of racial profiling; when they end up in court, they face racially biased juries; and when it’s time to sentence them, they receive harsher penalties and join an already overrepresented group in the prison system (African Americans are more likely to spend time in jail and when they do they spend more time in jail). Some more evidence:

Biased juries

Here’s a study showing that the racial composition of juries affects trial outcomes and conviction rates:

This article examines the impact of jury racial composition on trial outcomes using a data set of felony trials in Florida between 2000 and 2010. We use a research design that exploits day-to-day variation in the composition of the jury pool to isolate quasi-random variation in the composition of the seated jury, finding evidence that (i) juries formed from all-white jury pools convict black defendants significantly (16 percentage points) more often than white defendants, and (ii) this gap in conviction rates is entirely eliminated when the jury pool includes at least one black member. The impact of jury race is much greater than what a simple correlation of the race of the seated jury and conviction rates would suggest. These findings imply that the application of justice is highly uneven and raise obvious concerns about the fairness of trials in jurisdictions with a small proportion of blacks in the jury pool. (source)

Whether or not someone is convicted has a lot to do with the luck of the draw or with the success of prosecutors or defendants wishing to remove people from juries. This raises obvious concerns about the fairness of criminal justice.

Biased prosecutors

African Americans receive longer sentences because prosecutors are, on average, more likely to charge them with crimes that require minimum sentences:

This study provides robust evidence that black arrestees in the federal system—particularly black men—experience moderately but significantly worse case outcomes than do white defendants arrested for the same crimes and with the same criminal history. Most of that disparity appears to be introduced at the initial charging stage …  [C]ompared to white men, black men face charges that are on average about seven to ten percent more severe on various severity scales, and are more than twice as likely to face charges carrying mandatory minimum sentences.  These disparities persist after charge bargaining and, ultimately, are a major contributor to the large black-white disparities in prison sentence length. (source)

Biased police

An example of racial profiling: a study of New York City’s stop-and-frisk program has revealed that

out of all ethnicities stopped, white people had the highest chance of having committed a crime, despite being proportionally the least searched. (source)

Racism (22): Implicit Racism in Criminal Justice, Ctd.

Being less than white in the US is not an asset when you’re in court, in more than one sense. It’s well known that black defendants face prejudice in the criminal justice system. There’s in fact a double injustice going on: dark skinned people get a raw deal from juries, and there are more of them facing juries because of racial profiling. But something similar is happening on the other side of the court room:

In this paper, I find that cases decided by black federal lower-court judges are consistently overturned more often than cases authored by similar white judges. I estimate this effect by leveraging the fact that incoming cases to the U.S. courts are randomly assigned to judges, which ensures that black and white judges hear similar sorts of cases. The effect is robust and persists after matching exactly on measures for judicial quality (including quality ratings assigned by the American Bar Association (ABA)), previous professional and judicial experience, and partisanship. Moreover, by looking more closely at the ABA ratings scores awarded to judicial nominees, I demonstrate that this effect is unlikely to be attributable exclusively to differences between black and white judges in terms of quality. This study is the first to explore how higher-court judges evaluate opinions written by judges of color. (source)

If we assume that it’s likely that black judges are more sensitive to the possibility of racial injustices suffered by defendants – and that assumption doesn’t require a huge leap of faith – then we’ll have a vicious feedback loop: if the decisions of black judges are more often overturned, then that will also harm black defendants. Add this to the harm done by prejudiced juries and police officers, and you’ll have a good explanation for incarceration rates by race.

Racism (13b): Race and Employment

In the U.S., and probably elsewhere as well, there’s a large discrepancy between the unemployment rates for people of different races. The easy answer is “racism!”, but that may be a bit too easy. Some of the discrepancy can be explained by education levels. However, perhaps it’s those discrepancies in education levels that are caused by racism and discrimination, at least in part. I personally believe that the discrepancies in unemployment rates have many causes, and that racism is definitely one of them. I’m just not sure about the particular weight we should accord it.

There’s a lot of evidence of racism in the behavior of employers and recruiters. For instance, there’s substantial empirical proof that someone’s race can make it less likely to be called back for a job interview. In fact, black men without a criminal record are less likely to be called back for a job interview than white men with a criminal record. This has to have an impact on employment rates by race, which in turn has an impact on different poverty rates by race.

Some more evidence of discrimination in employment decisions is here:

White, Asian and Hispanic managers tend to hire more whites and fewer blacks than black managers do, according to a new study out of the University of Miami School of Business Administration. Using more than two years of personnel data from a large U.S. retail chain, the study found that when a black manager in a typical store is replaced by a white, Asian or Hispanic manager, the share of newly hired blacks falls from 21 to 17 percent, and the share of whites hired rises from 60 to 64 percent. The effect is even stronger for stores located in the South, where the replacement of a black manager causes the share of newly hired blacks to fall from 29 to 21 percent. … The finding is clear evidence that the race or ethnicity of those who make hiring decisions can have a strong impact in the racial makeup of a company’s workforce. (source)

Given the setup of the study, the racial discrepancies can’t be explained by demographics. You could assume that managers may not be motivated by racism but just anticipate the racism of their customers: they want to hire people of the same race as the majority of their customers because they believe that customers have racial preferences – or are racist – and prefer to be served by people of their own race. However, the customer population of a store doesn’t normally change when there’s a new manager. Hence, the change in recruitment policy by the new managers can’t be explained by customer demographics.

Another possible explanation is that managers, rather than being racist themselves, recruit in a racially biased way because they anticipate the racism of their existing employees: black managers hire fewer whites because they believe whites may be less willing to work for black managers. Or vice versa. And indeed:

The study found that when a white manager is replaced with a black manager, the rate at which white workers quit their jobs increases by 15 percent. “We interpret this increase in the white quit rate as evidence of discriminatory sorting by white job seekers,” the authors write. “It implies that whites who dislike working for black managers often avoid working for black managers in the first place.” (source)

More on racism is here.