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Prosecutor Bias and Racial Impact

Prosecutors have significant discretion that influences their decision-making and unfortunately, race impacts these decisions greatly. Studies show that racial minorities are more likely to receive mandatory minimum sentences and Hispanics are more likely than whites. African Americans are also more likely to be charged with felonies for rape crimes against white women. This bias can lead to disparities where minority offenders face higher chances of charges and convictions with longer prison terms. It is important for prosecutors to address racial biases and ensure fairness and equality for all.

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157 views4 pages

Prosecutor Bias and Racial Impact

Prosecutors have significant discretion that influences their decision-making and unfortunately, race impacts these decisions greatly. Studies show that racial minorities are more likely to receive mandatory minimum sentences and Hispanics are more likely than whites. African Americans are also more likely to be charged with felonies for rape crimes against white women. This bias can lead to disparities where minority offenders face higher chances of charges and convictions with longer prison terms. It is important for prosecutors to address racial biases and ensure fairness and equality for all.

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Prosecutors and Race

Juliana Solis

Department of Criminal Justice, Wayne State University

CRJ 2550: Race, Crime and Justice

Dr. Danika Hickling

April 24, 2023


Prosecutors and Race

Prosecutor discretion refers to the power a prosecutor has to decide whether to charge a

person with a crime, what charges to bring, which plea offers to extend, and whether to proceed

with a trial. All criminal justice officials have discretion (Davis, 2017).

Race influences the decision a prosecutor makes greatly and unfortunately; we can see

that in Whoville race has had a significant impact on prosecutor decision-making. In a recent

study, it was shown that racial minorities are more likely to be sentenced under mandatory

minimum sentences (Walker et al., 2018). Another study has also shown that Hispanics are more

likely to receive mandatory minimum sentences than whites (Walker et al., 2018). Gary, D.

LaFree shared that African Americans are more likely to be charged with a felony when arrested

for rape crimes against white women rather than African American women or for White men

raping White women (Walker et al., 2018). Another study that studied decision making against

felons in Los Angeles California showed a pattern of discrimination against African Americans

and Hispanic defendants (Walker et al., 2018).

This bias can lead to disparities in the criminal justice system, with minority offenders

being more likely to be charged, convicted, and sentenced to longer prison terms. These

decisions matter because they can impact the lives of those being accused and can impact victims

and communities. A prosecutor’s decision can result in a person being incarcerated, losing their

job, being separated for family and being charged unfairly. The criminal justice system is

supposed to be unbiased and fair, but when bias is present it undermines the integrity of the

system and the trust and respect the public has for it.
When looking for a new prosecutor or district attorney, it is essential to find someone

who is committed to justice, fairness and equality. They should be willing to address racial

biases within the criminal justice system and work to ensure that all people are treated fairly.

Additionally, they should be transparent and accountable to the community, willing to listen to

the concerns of citizens and implement policies that reflect the community’s values. Finally, they

should be knowledgeable about criminal justice issues and committed to finding innovative

solutions to reduce crime while also protecting the rights of individuals (Walker et al., 2018).

We can see that race is a very important factor when it comes to prosecutor decision

making. Many reforms applied by the U.S Supreme Court have helped reduce the racism and

bias against racial minorities (Davis, 2017). Several court cases have also helped put laws in

place to minimize racism in the criminal justice system such as, Powell v. Alabama and the

Scottsboro Boys case (Walker et al., 2018). Overall, prosecutors have lot of discretion that

affects their decision making especially when it comes to race.


References

Davis, A. J. (Ed.). (2017). Policing the Black man: Arrest, prosecution, and imprisonment. New

York: Vintage Books. (ISBN: 9780525436614).

Walker, S., Spohn, C., & DeLone, M. (2018). The Color of Justice: Race, Ethnicity, and Crime

in America (6th ed.). New York: Cengage Learning. (ISBN: 978-1-337-09186-2)

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