Racialized and Gendered Justice in the Criminal Court System

Presenter(s): Joy Wilcox

Faculty Mentor(s): Debra Thompson

Poster 97

Session: Social Sciences & Humanities

Criminal courts facilitate mass incarceration and the disproportionate incarceration of people of color, especially Black people, and Black men in particular. While other research has been done around this topic, this study offers insight into how exactly this is produced in the courtroom specifically. This study sought to observe (1) the potential use of coded language in the courtroom as a proponent of mass incarceration, (2) the reproduction of race and gender-based biases in the criminal justice system, and (3) the role of the courts in both mass incarceration, and the disproportionate representation within the incarcerated population. This study employed an observational research approach which included the accumulation of both quantitative and qualitative data by recording the race and gender of main courtroom actors, every reference to race, gender, and/or class made in the courtroom, and a brief overview of each case in order to contextualize this information. The types of cases observed during this project include: Attempted Robbery, Burglary, Child Endangerment, Possession of a Controlled Substance with Intent to Sell, Robbery, and Theft (including Vehicle Theft). This study found that defendants for these cases were disproportionately Black and Latinx men, while the other main courtroom actors were disproportionately White, with all categories other than prosecutors also being disproportionately men. The structural dependency on police within the courtroom resulted in the court legitimizing all police discretion with no interrogation of bias. When defendants and their legal representation attempted to discuss any identity-based bias of the criminal justice system before a jury trial, this attempt was stopped by the judge. This study concluded that in order to produce justice, anti-racism must be made a genuine priority of the criminal justice system.

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