How Bias Can Impact Criminal Cases in Long Island Courts

How Bias Can Impact Criminal Cases in Long Island Courts

We all like to think that justice is blind – that facts and evidence are the only things that matter in criminal court. But unfortunately, that’s not always the case. Bias – whether conscious or unconscious – can creep into all aspects of the legal system and impact outcomes. This is an issue facing courts across the country, and Long Island is no exception.

What Is Bias and How Does It Impact Cases?

Bias refers to prejudiced thinking or stereotyping that can negatively influence perceptions, judgments, and decision-making. There are many types of bias, including racial, gender, age, appearance, and socioeconomic status biases. When bias exists in the legal system, it can impact case outcomes in a variety of ways:

Law Enforcement

• Racial profiling and over-policing of minority communities can lead to higher arrest rates (see this ACLU report)
• Gender biases may lead police to not take sexual assault or domestic violence cases as seriously
• Confirmation bias – seeking and interpreting evidence in a way that confirms preexisting beliefs or stereotypes

Prosecution and Charging Decisions

• Overcharging of minorities for similar crimes as white people (see analysis from New York Law School)
• Disproportionate prosecution of low-income individuals who can’t afford quality legal representation
• Biases impacting which cases prosecutors choose to pursue charges on

Judges and Juries

• Explicit and implicit racial, gender, or other biases may unconsciously impact rulings and sentencing
• Jury selection methods that fail to eliminate biased jurors
• Harsher sentencing of minorities for similar crimes, especially drug offenses (see The Sentencing Project)
• Socioeconomic biases leading to excessive bail amounts and pretrial detention

Real-World Examples of Bias Impacting Long Island Cases

There are unfortunately many real-world examples of how bias has likely impacted outcomes of criminal cases in Long Island courts over the years:

Racial Disparities in Drug Crime Sentencing

A 2013 analysis by the New York Civil Liberties Union found significant racial disparities in drug crime arrests and sentencing in Long Island counties like Suffolk and Nassau. Despite similar usage rates across racial groups, black individuals were arrested up to 17 times more often for drug crimes than white people. Black defendants also consistently received longer average prison sentences than white people convicted of similar drug offenses.

Allegations of Gender Bias in Sex Crime Cases

There have been multiple high-profile cases where Suffolk County judges have faced allegations of gender bias and sympathy towards male defendants in sex crime prosecutions. For example, in 2018 Judge James Hudson received criticism for an unexpectedly lenient sentence given to a defendant convicted of sexually abusing a 16-year old girl. The judge cited the defendant’s supposedly “exemplary” background in justifying the light sentence.

Bail and Pretrial Detention Disparities

Like many jurisdictions, Long Island courts have struggled with setting bail amounts that are excessive and disproportionately impact low-income defendants. Those unable to afford bail often lose their jobs, housing, and even custody of their children while detained pretrial. Although New York recently passed bail reform legislation, there are still concerns over continued socioeconomic and racial biases influencing bail decisions on Long Island (see analysis from the New York Civil Liberties Union).

How Can Long Island Courts Reduce Bias?

While eliminating systemic biases in the legal system is an immense challenge, there are measures Long Island courts can implement to help reduce bias and promote more equitable treatment:

Implicit Bias Training

Require regular, comprehensive implicit bias training for judges, prosecutors, law enforcement, and other court staff. Training helps individuals recognize biases they may not even be conscious of holding.

Diverse Juries

Use more inclusive jury source lists and selection methods aimed at seating more racially and socioeconomically diverse juries. Diverse juries have been shown to deliberate more thoroughly, consider more perspectives, and limit individual biases (see American Bar Association review).

Sentencing Guidelines and Scorecards

Create consistent sentencing policies and scorecards to guide judges in applying fair sentences regardless of defendant demographics. For example, the Pennsylvania Commission on Sentencing has developed standardized sentencing guidelines for all criminal offenses that judges are required to reference.

Expanded Public Defense

Guarantee adequate public defense funding to represent all indigent defendants, prevent overburdened attorneys, and reduce biases against defendants who can’t afford private counsel.

Diversion Programs

Expand diversion and alternative sentencing programs focused on rehabilitation rather than incarceration, especially for nonviolent, addiction-related, and juvenile offenses. This can help limit biases leading to excessive charging and sentencing.

Oversight and Accountability

Implement robust oversight, auditing, and public reporting procedures to track key criminal justice metrics – like charging rates, convictions, sentencing, and pretrial release rates – across different demographic groups. Make the results publicly available to promote transparency and accountability around addressing biases.