Disproportionality Advocacy

Racial Bias in the Legal System

Systemic disproportionality in case outcomes for Black, Brown, and Indigenous peoples is a reality of the legal system. The resources and tools compiled here are intended to provide attorneys with information that will strengthen their advocacy for their clients.

 

Resources from OPD and Partner Organizations

Disparity in Conviction, Sentencing, and Charging

Fair Cross Section in the Jury Venire

Maps

Incarceration Sites in Washington

WSBA Council on Public Defense Race Equity Subcommittee BIPOC Forum

 

Bias and Discrimination in the Legal System

Antiracist Guidance and Resources

Cash Bail Disparity Experienced by Black and Brown Populations

Child Welfare Advocacy and Cultural Humility

Collecting Fines and Fees

Addressing Racial Epithets in Cases

Adultification Bias Resources

Bias

Alleging Bias

Bias and Mental Health

Implicit Bias

Machine Bias (Risk Assessment Tools)

Witness Bias

 

Bias, Judges and Courts

Covid-19

COVID-19 Greater Health Risk and Hardship on Black and Brown Incarcerated

COVID-19 In and Out of Court Challenges

COVID-19 and Pandemic Impacts on Black and Brown Populations

Data Toolbox

Demographics of Power

Epistemic Injustice

Eyewitness Unreliability

Framework

How the Prison System Started, Works, and Harms

Mass Incarceration

Jail Services and Alternatives to Incarceration

Jury Selection Challenges

Overuse of Jails

  • Impact on Black and Brown Communities
    • Nationally, Black Americans are jailed at almost four times the rate of white Americans.
    • Nearly 75% of sentenced offenders and those detained in jail before trial are there for nonviolent traffic, property, drug, or public order offenses.
    • Three out of five people in jail are legally presumed innocent, awaiting trial or resolution through plea negotiations.
  • The Cycle of Jail/Prison Growth [PDF]

Law Enforcement and Policing

Risk, Race & Recidivism: Predictive Bias and Disparate Impact (Related to Release Motions)

Sentencing / The Sentencing Project

The Power of Illusion

Trauma Informed Resources

Disproportionality Based on Social Index Categories

Bias Against Women

Gender Bias In The Courts: Women Are Not Believed (forbes.com) (04/05/2023)

Bias Against the LGBTQ+ Community

Weight Bias

Bias Based on Neurodivergence

Disability Justice / Bias Based in Ableism

Bias Based on Religion