Proof of Systematic Discrimination in the Criminal Justice System
Here's a study from the University of Michigan from 2012:
"This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over 60%), conditional on arrest offense, criminal history, and other pre-charge observables. Female arrestees are also significantly likelier to avoid charges and convictions entirely, and twice as likely to avoid incarceration if convicted. Prior studies have reported much smaller sentence gaps because they have ignored the role of charging, plea-bargaining, and sentencing fact-finding in producing sentences. Most studies control for endogenous severity measures that result from these earlier discretionary processes and use samples that have been winnowed by them. I avoid these problems by using a linked dataset tracing cases from arrest through sentencing. Using decomposition methods, I show that most sentence disparity arises from decisions at the earlier stages, and use the rich data to investigate causal theories for these gender gaps."
Why do we hear about racial bias in the criminal justice system so much more?
Because there are different dynamics at play, I'd say. Racial bias, to the extent it exists, really is a reflection of societal power structures and statistical discrimination (certain groups are more likely to commit crime so are given more scrutiny and tougher sentences- note that this is not fair to individuals getting harsher sentences). Gender bias, on the other hand, comes out of evolutionary reproductive dynamics that generally involve giving more protections and softer treatment to women.
Racial bias changes as the power structure changes and average behavior of groups change (e.g. the once crime prone Irish immigrant population stopped being discriminated against as they assimilated into the mainstream and, ya know, stopped being so crime prone). Gender bias is more inherent as changes in the power structure and socioeconomic fortunes don't change the fundamental gender dynamics.
"This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over 60%), conditional on arrest offense, criminal history, and other pre-charge observables. Female arrestees are also significantly likelier to avoid charges and convictions entirely, and twice as likely to avoid incarceration if convicted. Prior studies have reported much smaller sentence gaps because they have ignored the role of charging, plea-bargaining, and sentencing fact-finding in producing sentences. Most studies control for endogenous severity measures that result from these earlier discretionary processes and use samples that have been winnowed by them. I avoid these problems by using a linked dataset tracing cases from arrest through sentencing. Using decomposition methods, I show that most sentence disparity arises from decisions at the earlier stages, and use the rich data to investigate causal theories for these gender gaps."
Why do we hear about racial bias in the criminal justice system so much more?
Because there are different dynamics at play, I'd say. Racial bias, to the extent it exists, really is a reflection of societal power structures and statistical discrimination (certain groups are more likely to commit crime so are given more scrutiny and tougher sentences- note that this is not fair to individuals getting harsher sentences). Gender bias, on the other hand, comes out of evolutionary reproductive dynamics that generally involve giving more protections and softer treatment to women.
Racial bias changes as the power structure changes and average behavior of groups change (e.g. the once crime prone Irish immigrant population stopped being discriminated against as they assimilated into the mainstream and, ya know, stopped being so crime prone). Gender bias is more inherent as changes in the power structure and socioeconomic fortunes don't change the fundamental gender dynamics.
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