Objectivity is crucial in the search for justice. However, new research sheds light on an insidious type of racism that permeates the American justice system: The racial assumptions attached to “ethnic” names. Implicit biases may play a role in the disproportionate sentencing of Black criminals, according to a study done by researchers at Stanford, the University of Michigan, and Duke University.
In the study recently published in the Law and Human Behavior journal, researchers randomly selected the sentence records of 296 Black male Florida inmates for analysis. Participants were asked to judge the first names of the detainees depending on how stereotypically Black or White they seemed to them.
After controlling for relevant factors like criminal history and the severity of convicted offenses, the study found that Black defendants with more stereotypically Black names (e.g., Jamal) received significantly longer sentences than those with less stereotypically Black names (e.g., James).
The researchers continued their investigation into the impact of racial stereotypes on sentencing by conducting a second experiment. Black male defendants’ names were randomly allocated to either more stereotypically Black or White names, and the cases were presented to the participating judges. The findings were consistent with those found in the archive research. Clearly linking racial stereotyping of first names and sentencing outcomes, judges suggested significantly longer sentences for Black offenders with more stereotypically Black names.
Court Sentencing Bias
There are a number of disturbing aspects to these findings. First, it demonstrates the pervasiveness of biases in our society, which even manage to penetrate the foundation of a supposedly impartial institution. Second, it reveals how these prejudices can have varying effects on members of the same racial group, contributing to inequalities not only between races but within them.
The results of this study highlight the critical importance of raising public consciousness about implicit prejudice and taking active steps to counteract it within the criminal justice system. The first step is to provide extensive diversity and implicit bias training for court staff, so that they can see the impact of their own unintentional racial biases on their work. Such education shouldn’t be a one-and-done deal but rather a never-ending cycle of acquiring new knowledge and discarding old.
Sentencing Transparency
Likewise, transparency is essential to finding solutions to this problem. Sentencing decisions can be checked for prejudice with clear and precise reasoning. If a decision-maker is aware that they will be held accountable for their choices, they may proceed with greater caution, making decisions that are founded more on the facts of the case and less on their own personal biases.
It may also be helpful to implement technological solutions, such as algorithms or guidelines. These measures can reduce the influence of prejudice by restricting the judge’s or prosecutor’s discretion in sentencing. It is essential, however, that these tools be developed and deployed ethically so as not to reinforce preexisting prejudices.
Ultimately, structural shifts are essential. Racism exists at all levels of society, and first-name bias is just one aspect of it. It can only be solved by a widespread movement toward racial equality in all aspects of society, from schools and workplaces to hospitals and neighborhoods. Creating a society where one’s name or race does not determine one’s life prospects can be aided by policies that promote social and economic justice.
Pervasive Racial Bias
In summary, this study provided a sobering look at the pervasiveness of racial biases and their impact on the justice system. The results may be discouraging, but they also present an opportunity to identify, address, and correct the unconscious biases that permeate our systems. Research like this helps illuminate the steps necessary to bring about change.
We recognize that unconscious biases exist and that the first-name effect is just one example of how these biases can appear in subtle but damaging ways. These results are a clear reminder that fighting prejudice is an issue of justice and equality, not just diversity and inclusion.
This study should be read as a call to action for decision-makers and policymakers to reevaluate the processes they use. Decision-making processes could benefit from the use of technology-based solutions, such as artificial intelligence, if the technology is constructed without prejudice. The methods we use to provide justice must themselves be fair.
These results also highlight the need for schools to incorporate lessons about unconscious bias and its societal impact into their curricula. Individuals should be taught in schools, universities, and professional training programs how to recognize and resist such biases in themselves and others.
The implications of this study’s conclusions should be considered in contexts beyond the criminal justice system. It’s a kind but clear reminder that the fight against racism is far from over in the workplace, in schools, and in hospitals. We can all do our part by teaching our kids right from wrong, treating our employees fairly, and treating everyone we meet with dignity and courtesy.
Prejudices Exist
The study, in essence, sheds light on how to make the justice system and society more fair. The first step is realizing that such prejudices exist. From there, we may devise plans to lessen their effects and strive toward a time when a person’s first name no longer has any bearing on the severity of their criminal sentence or any other aspect of their life.
The only way forward is to face these realities squarely instead of trying to dodge them. Perhaps a more equitable and just society is still in the works, but with dedicated study, open communication, and education, we can get there. A name, whether Black or White, is nothing more than a label; what matters is the person behind the label.