Lit Review

The goal of this essay is to discuss the presence of racial bias in the judicial system, specifically looking at racial bias in judges and trial sentences. This essay will dive into how we all have biases, and how judges are no exception (Bennett). Furthermore, 80% of state judges were white in 2016, showing the lack of representation in the judiciary system (Ghandnoosh, 14).

            This essay will also identify several cases where judge bias is evident. This will include the McMillian case from Just Mercy where a black defendant was wrongfully convicted on fabricated evidence (Stevenson, 114). We will also compare the Preppy Murder, a case where a privileged white male raped and killed a woman in central park, and the Central Park Jogger trial, where a group of minority teenagers were wrongfully convicted of raping a woman in the same location (Baldwin, 5). The sources will emphasize the differences between how the media and the courts treated these cases based on the race of the defendants. 

Then, this essay will discuss the evidence of racial bias seen in court results. Black men are more likely to receive higher bonds (Assefa, 653), longer sentences (Reeves et al., 4), and are less likely to get probation. Even more so, black men are more likely to be given the death sentence for killing a white person than for killing a black person (Sorensen, 68). These are all facts that show how racial bias is seen in the statistics

Works cited:

Assefa, Lydette S. “ASSESSING DANGEROUSNESS AMIDST RACIAL STEREOTYPES: AN ANALYSIS OF THE ROLE OF RACIAL BIAS IN BOND DECISIONS AND IDEAS FOR REFORM.” Journal of Criminal Law & Criminology 108.4 (2018): 653-78. ProQuest. Web. 14 Nov. 2024.

Baldwin, C. (2001). The Development of Rhetorical Privilege in the News Reporting of Violent Crime. Race, Gender & Class (Towson, Md.), 8(4), 8–19.

Ghandnoosh, Nazgol, et al. “One in Five: Racial Disparity in Imprisonment — Causes and Remedies.” The Sentencing Project, 7 Dec. 2023, www.sentencingproject.org/publications/one-in-five-racial-disparity-in-imprisonment-causes-and-remedies/. Accessed 14 Nov. 2024. 

Mark W. Bennett, The Implicit Racial Bias in Sentencing: The Next Frontier, 126 Yale L.J. F. 381 (2017), www.yalelawjournal.com/forum/the-implicit-racial-bias-in-sentencing.

Reeves, Carlton W., et al. “2023 Demographic Differences in Federal Sentencing.” United States Sentencing Commision, Nov. 2023, www.ussc.gov/research/research-reports/2023-demographic-differences-federal-sentencing. Accessed 14 Nov. 2024. 

Sorensen, Jonathan R, and Donald Wallace,. “Capital Punishment in Missouri: Examining the Issue of Racial Disparity.” Behavioral Sciences & the Law, Winter 1995, web-p-ebscohost-com.proxy048.nclive.org/ehost/pdfviewer/pdfviewer?vid=2&sid=87d654dc-cc4b-44c7-bb80-d353a59905d4%40redis. Accessed 14 Nov. 2024. 

Stevenson, Bryan. Just Mercy. Penguin Random House LLC. , 2014. 

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