Minority Groups and the Court System Paper

Minority Groups and the Court System Paper

CJS/221

January 5, 2017

Minority Groups and the Court System Paper

A person’s experiences, background, surroundings, and upbringing all play a part in their attitude and their biases towards others. The differences between the explicit and implicit biases that often cause stereotyping are explained in this paper. Further, the effects these biases have on proceedings in the justice system in general, and particularly in the courtroom are examined.

A summary of the article entitled ‘Illegal racial discrimination in jury selection: A continuing legacy’ (Stevenson, 2010) will underscore my personal impression that systemic racism continues to be an issue in the criminal justice system.

Implicit versus explicit biases, attitudes, and stereotypes

        A person’s behavior and attitude towards other people, as well as ideas or things or places can be divided into two different categories. Much of what they do is driven by deliberate thought, can be controlled and self-reported.  For instance, someone wearing Nebraska Cornhuskers gear would have an instant connection with another fan of the team. As a member of the group of Husker fans, the conscious decision to like others who support the team is made and it is likely that the actions will reflect that decision. This type of behavior is based on an explicit bias or attitude.

Implicit biases, on the other hand, occur unconsciously and spontaneously and cannot be controlled.  People are not aware that their behavior and attitudes reflects these implicit biases and will frequently deny that they are in fact stereotyping. An example could be that ladies have the reflex to hold their purse in a more protective fashion when being approached by a group of young black men. These same ladies may not know that they have an implicit bias and could be sure that they are not racist or harbor negative feelings towards people of color.

Often, people say that they do not see color or that they are colorblind. However, their reflexes, attitudes or actions may not confirm that they do not, in fact, have any implicit bias. Tests to measure the strength of someone’s association between a particular group such as gay men and the stereotype that they are unmanly and the evaluation that this is bad are called Implicit-association test (IAT). These are commonly used in social psychology research and have been conducted with members of law enforcement.

How biases affect courtroom proceedings

        There are many players involved in courtroom proceedings, and their individual biases can have a significant effect on the outcome of each case. The most influential parties are the judge, the jury, the prosecutor, the defense attorney, the victim, and the defendant. Additionally, witnesses and experts can alter the ultimate decision made by the jury.

         The jury selection process is quite subjective and heavily influenced by the explicit and implicit biases of the attorneys and judge who have the liberty to excuse jurors or to strike individuals from the jury. The so-called ‘voir dire’ process involves the questioning of potential jurors about their backgrounds and experiences to determine if they can render a fair and impartial verdict. Questions that could be asked by the judge or the lawyers are whether the juror has been the victim of a crime in the past, if they know the defendant or anyone else in the courtroom, or how familiar they are with the case through media coverage. The way each of the potential jurors is perceived, for instance by their appearance or responses to the questions, determines if the attorneys will exercise their right to preemptory challenges and reject them.