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Journal Article

Deliberate Indifference: Judicial Toleranceof Racial Bias in Criminal Justice

About: This article is published in Washington and Lee Law Review.The article was published on 1994-01-01 and is currently open access. It has received 16 citations till now. The article focuses on the topics: Theory of criminal justice & Criminal justice.

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Journal ArticleDOI
TL;DR: The authors examined the impact of jury racial composition on trial outcomes using a unique data set of felony trials in Florida between 2000 and 2010, finding evidence that juries formed from all-white jury pools convict black defendants significantly more often than white defendants and this gap in conviction rates is entirely eliminated when the jury pool includes at least one black member.
Abstract: This paper examines the impact of jury racial composition on trial outcomes using a unique data set of felony trials in Florida between 2000 and 2010. We utilize 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.

170 citations

Journal ArticleDOI
TL;DR: The authors examined the impact of jury racial composition on trial outcomes using a data set of felony trials in Florida between 2000 and 2010, finding evidence that juries formed from all-white jury pools convict black defendants significantly more often than white defendants and this gap in conviction rates is entirely eliminated when the jury pool includes at least one black member.
Abstract: This paper examines the impact of jury racial composition on trial outcomes using a data set of felony trials in Florida between 2000 and 2010. We utilize 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.

139 citations

Journal ArticleDOI
TL;DR: The history of American Indian executions is nested within the sociopolitical context of internal colonialism calculated to dispossess American Indians from their sacred tribal territories, disruption of their cultures, and continuation of their marginalized status as mentioned in this paper.
Abstract: The research record on capital punishment in the USA is void of any empirical analysis of American Indian executions. This paper corrects for this deficiency by presenting a descriptive profile of American Indian executions within a historical–contextual framework of the American Indian experience in US society. The paper suggests that the history of American Indian executions is nested within the sociopolitical context of internal colonialism calculated to dispossess American Indians from their sacred tribal territories, disruption of their cultures, and continuation of their marginalized status.

32 citations


Cites background from "Deliberate Indifference: Judicial T..."

  • ...As Stevenson and Friedman (1994) point out about the McCleskey decision: It is unimaginable that the U.S. Supreme Court, an institution vested with the responsibility to achieve equal justice under the law for all Americans, could issue an opinion that accepted the inevitability of racial bias in…...

    [...]

Posted Content
TL;DR: The authors examined the impact of jury racial composition on trial outcomes using a unique data set of felony trials in Florida between 2000 and 2010, finding evidence that juries formed from all-white jury pools convict black defendants significantly more often than white defendants and this gap in conviction rates is entirely eliminated when the jury pool includes at least one black member.
Abstract: This paper examines the impact of jury racial composition on trial outcomes using a unique data set of felony trials in Florida between 2000 and 2010 We utilize 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

21 citations


Cites background from "Deliberate Indifference: Judicial T..."

  • ...Stevenson and Friedman (1994) describe the trial of Albert Jefferson in Alabama, during which the prosecutor exercised his discretionary challenges against 24 of the 26 African Americans among the prospective jurors, resulting in an all-white jury....

    [...]

Posted Content
TL;DR: The role of data statements in ethically assessing research is focused on, but also the topic of dual use is discussed, to examine the outcomes of similar debates in other scientific disciplines.
Abstract: As part of growing NLP capabilities, coupled with an awareness of the ethical dimensions of research, questions have been raised about whether particular datasets and tasks should be deemed off-limits for NLP research. We examine this question with respect to a paper on automatic legal sentencing from EMNLP 2019 which was a source of some debate, in asking whether the paper should have been allowed to be published, who should have been charged with making such a decision, and on what basis. We focus in particular on the role of data statements in ethically assessing research, but also discuss the topic of dual use, and examine the outcomes of similar debates in other scientific disciplines.

20 citations