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Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background
by Casey J. Bastian
Legal scholars and practitioners have begun raising concerns that there is a lack of judicial diversity on court benches in America and abroad. While there have been serious efforts to increase racial and gender diversity, a more impactful form of diversity—professional diversity—is often overlooked. Data suggests ...
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More from this issue:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, by Douglas Ankney, James Mills
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, by Sam Rutherford
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, by Anthony Accurso
- A Gift America Can’t Return: The Police State Is America’s New Crime Boss, by Nisha Whitehead, John W. Whitehead
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, by David Reutter
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, by Sam Rutherford
- Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background, by Casey Bastian
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, by Anthony Accurso
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, by Douglas Ankney
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, by Sam Rutherford
- Reining in Police Monitoring of Social Media, by Michael Thompson
- Study: DNA Transfer in Social Settings, by Michael Thompson
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, by Sam Rutherford
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, by David Reutter
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, by Sam Rutherford
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, by Anthony Accurso
- Police Departments Are Now Using AI to Write Reports, by Anthony Accurso
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, by Sam Rutherford
- Law Enforcement Obscures Use of Facial Recognition Technology, by Sam Rutherford
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, by David Reutter
- News in Brief
- Study Reveals Best DNA Recovery Spots on Drug Baggies, by James Mills
More from Casey Bastian:
- California Prisoners Sue Gynecologist for Sexual Abuse, Aug. 1, 2025
- Policing the Vulnerable: The Criminalization of Disability, May 15, 2025
- Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background, Feb. 15, 2025
- The Rise of Mass Supervision: From Rehabilitative Alternative to Shadow Carceral State, Oct. 1, 2024
- Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration, Aug. 1, 2024
- Minnesota Sex Offender Program: The Indefinite Detention of the Reviled, Aug. 1, 2024
- The 153 Exonerations in 2023 Include 19 Resulting From Threats or Sentences of Death, July 15, 2024
- Four Dead in One Month in San Bernardino County Jails, $3,232,500 in Settlements Paid So Far, March 1, 2024
- Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, Dec. 15, 2023
- U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-2022, Oct. 1, 2023
More from these topics:
- Executions Rise in 2023, Number on Death Row Falls, June 1, 2024. Criminal Prosecution, Statistics/Trends, Death Penalty, Death Row.
- U.N. Panel Finds Rampant Racism in U.S. Criminal Justice System, June 1, 2024. Racial Discrimination, Commentary/Reviews, Crime/Demographics, Criminal Prosecution, Statistics/Trends.
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, May 15, 2024. Juries - Fair and Impartial, Impartial Jury, Fair Cross Section Requirement, Consequences of Plea, Misleading Advice/Statements to Defendant, Knowingly and Voluntarily Made.
- Over 5,000 Prisoners Federally Sentenced Every Month, May 1, 2024. Criminal Prosecution, Statistics/Trends, U.S. Sentencing Guidelines, Bureau of Prisons (BOP).
- Regarding Death Penalty, Biden’s Actions Don’t Align with His Mouth, May 1, 2024. Commentary/Reviews, Criminal Prosecution, Statistics/Trends, Death Penalty.
- Sentencing Project Proposes Remedies for Racial Disparities Behind Bars, May 1, 2024. Racial Discrimination, Criminal justice system reform, Criminal Prosecution.
- 428 Georgia Prison Employees Criminally Charged in Five Years, April 1, 2024. Guard Misconduct, Criminal Prosecution, Statistics/Trends.
- New York Court of Appeals: Constitutional Prohibition Against Restraining Defendant Without Explanation Remains in Force During Announcement of Verdict and Polling of Jurors, Sept. 1, 2023. Juror Bias, Pre-Trial Restraint of Assets, Shackles.
- Review of Prior Research Identifies Three Main Sources of Bias in Jury Decision-Making Processes, Jan. 15, 2023. Impartial Jury.
- Fatal Shootings by Police Rarely Prosecuted, Feb. 15, 2021. Criminal Prosecution, Shootings, Excessive Force (Police).