The disproportionate number of racialized persons living lives of incarceration in the U.S. is a complex issue with no easy answer. The judicial system is often blamed for this disparity, but it is important to note that the courts are just one part of a larger criminal justice system.

This essay will examine the role of the judicial process in racial discrimination, and consider how public policy might help to ameliorate the plight of racial and ethnic minorities who fall victim to the system.

The role of the judicial process in racial discrimination

There are a number of ways in which the judicial process can lead to racial discrimination. One way is through the use of bail. Bail is a system that allows defendants to be released from jail before their trial, on the condition that they pay a certain amount of money. Defendants who cannot afford bail are more likely to be detained in jail, which can lead to job loss, housing loss, and other negative consequences.

Another way in which the judicial process can lead to racial discrimination is through the use of fines. Fines are a common form of punishment for crimes, and they can be disproportionately burdensome for low-income defendants. Defendants who cannot afford to pay fines may be forced to serve jail time, even if they were only convicted of a minor offense.

Warrants for failure to appear are another potential source of racial discrimination in the judicial process. A warrant for failure to appear is issued when a defendant fails to appear in court for a scheduled hearing. Defendants who have warrants for failure to appear may be arrested and detained in jail, even if they have not been convicted of any crime.

The right to counsel is another important consideration in the context of racial discrimination. Defendants who cannot afford to hire a lawyer are entitled to be appointed a public defender. However, public defenders are often overworked and underpaid, and they may not be able to provide their clients with the same level of representation as a private lawyer.

Plea bargaining is another important part of the judicial process. Plea bargaining is a process in which the defendant agrees to plead guilty to a lesser charge in exchange for a lighter sentence. Plea bargaining can be a valuable tool for both the defendant and the prosecution, but it can also lead to racial discrimination. Studies have shown that defendants of color are more likely to be offered and accept plea bargains than white defendants.

Jury selection is another potential source of racial discrimination in the judicial process. Jurors are selected from a pool of potential jurors, and the prosecution and defense have the right to strike a certain number of potential jurors from the pool. This process can be used to exclude jurors of color, even if the prosecution and defense do not have a legitimate reason for doing so.

Sentencing is the final stage of the judicial process. At sentencing, the judge decides what punishment to impose on the defendant. When sentencing a defendant, the judge is supposed to consider a number of factors, including the severity of the crime, the defendant’s criminal history, and the defendant’s personal circumstances. However, studies have shown that judges are more likely to impose harsher sentences on defendants of color than on white defendants.

Examples from the Ferguson report and other readings

The Ferguson report, which was released in 2015, found that the Ferguson Police Department engaged in a pattern of racial profiling and discriminatory policing. The report also found that the Ferguson Municipal Court imposed fines and fees that were disproportionately burdensome on low-income defendants.

A 2016 study by the National Bureau of Economic Research found that black defendants are 20% more likely to be convicted of a crime than white defendants, even when they are accused of the same crime and have the same criminal history. The study also found that black defendants are 20% more likely to be sentenced to prison than white defendants, and that they receive longer sentences on average.

A 2017 study by the Sentencing Project found that black men are six times more likely to be incarcerated than white men. The study also found that black women are twice as likely to be incarcerated as white women.

How public policy might help ameliorate the plight of racial and ethnic minorities who fall victim to the system

There are a number of things that can be done to address the issue of racial discrimination in the judicial process. One step is to reform the bail system. Bail should be set based on the defendant’s risk of flight and risk of re-offense, not on their ability to afford to pay.

Another step is to reduce the use of fines and fees. Fines and fees can be disproportionately burdensome for low-income defendants, and they can trap people in a cycle of poverty and crime.

Public policy can also help to address the issue of racial discrimination in plea bargaining. One way to do this is to require