Disproportionality Advocacy | Office of Public Defense

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.

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

Jurors Use of the n-word Supreme Court divided
Racial Epithets in the Criminal Process [PDF]
Addressing Race at Trial [PDF] (Defenders Manual, University of North Carolina, 2014)

Adultification Bias Resources

Bias

Alleging Bias

Bias and Mental Health

Implicit Bias

Implicit Bias Resources [PDF]
Implicit Association Test
The Bias Beneath Measuring Implicit Association
White Anti-racism: Living the Legacy (Southern Poverty Law Center Learning for Justice)
Center for Antiracist Research
Anti-Racism Resource Library

Machine Bias (Risk Assessment Tools)

Bias, Judges and Courts

Council on Public Defense Race Equity Subcommittee BIPOC Forum

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

Prison Policy Initiative
Quick Facts Washington Demographic Statistics for Counties
2020 Census Data Releases (Washington State Office of Financial Management)
Black Population by County Map Visual
Registered Voters by County and Age Group WA SOS
Demographics of Repeat Arrests (Prison Policy Initiative, 2019)
- 42% of people arrested and booked 3 or more times were Black.
- About half (50%) of those most frequently arrested had annual incomes below $10,000 and 85% had incomes below $20,000.
- Educational attainment was lowest among people with 3 or more arrests in a year. Three-quarters (74%) had a high school education or less — with 38% without a high school diploma.
Washington Statistical Analysis Center

Demographics of Power

Epistemic Injustice

Eyewitness Challenges

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]

Police Violence Mapping

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

Weight Discrimination Remains Legal in Most of the U.S. - Bloomberg (03/15/2022)
Pervasiveness, impact and implications of weight stigma - eClinicalMedicine (thelancet.com) (04/21/2022)

Bias Based on Neurodivergence

Disability Justice / Bias Based in Ableism

Bias Based on Religion