The Issue of Racial Bias In Prosecution
Racial bias in prosecution refers to the phenomenon where individuals from certain racial or ethnic groups are disproportionately targeted, charged, and sentenced by the criminal justice system. This bias can manifest itself in several ways, including selective enforcement of laws, racial profiling, and unequal treatment during trial and sentencing. There have been concerns raised about racial bias in prosecution in the UK. Studies have shown that people from certain ethnic groups are disproportionately represented in the criminal justice system, both as victims and as defendants. This has led to questions about whether the prosecution process is fair and impartial.
One issue that has been raised is the overrepresentation of people from Black and Minority Ethnic (BME) communities in the criminal justice system. Research has shown that people from BME backgrounds are more likely to be: stopped and searched by the police, arrested and charged, and given longer sentences than people from white backgrounds for similar offenses. There have also been concerns about the way that certain offenses are prosecuted. For example, there is evidence to suggest that people from BME backgrounds are more likely to be prosecuted for drug offenses, whereas white people are more likely to be cautioned or given a warning. Young male inmates serving 15 years or more for joint enterprise crimes were found to be 38.5% white and 57.4% BAME, including 37.7% black, according to a 2014 study by the Institute of Criminology at the University of Cambridge. Subsequently, in 2019, the CPS launched a review of its policies and procedures to identify any areas where racial bias may be present. The review made a number of recommendations, including increasing diversity within the CPS workforce and providing training on unconscious bias. However, this was found to be inadequate to eradicate the deep-rooted issue of racial prejudice from the criminal justice system.
The Crown Prosecution Service (CPS) commissioned research to examine the outcome of 195,000 cases, which found that three highest charge rates were amongst mixed ethnicities (specifically black Caribbean defendants were most likely to be charged, with a rate of 81.3%, a near 12 percentage point difference from white British defendants). CPS found the outcome of this research quite alarming and ensured that they would commit to resolve the matter. Emily Thornberry, the Shadow Attorney General mentioned:
“There is still a vast amount of work to be done to eliminate racial bias throughout the criminal justice system, but it starts with being clear and honest about where the issue lies.”
Additionally, there is evidence that suggests racial bias might exist in courtrooms. It is evident that when deciding on guilt and punishment, judges and juries are often impacted by unintentional racial biases. For instance, studies have indicated that compared to white defendants, BAME defendants are more likely to be found guilty and to receive lengthier sentences. However, the English legal system ensures the right to fair trial through Article 6 of the Human Rights Act 1998 and it also allows the defendant to challenge the jury on the basis that it has been chosen in an unrepresentative or biased way by virtue of Section 5 of the Juries Act 1974. It was reinforced in R. v. Fraser (J.D.) (1987), 83 N.B.R.(2d) 436 (TD) where the jury was allowed to be challenged to avoid racial bias in the hearing.
There has been action to address racial bias in the criminal justice system by the UK government and numerous groups. For instance, the Lammy Review, which the UK government ordered in 2017, presented suggestions for enhancing how BAME people are treated by the criminal justice system. In order to better understand the type and scope of racial bias in the criminal justice system, these measures included diversifying the judgeship.
However, there is still considerable work to be done to ensure that the legal system is unbiased and fair to people of all races and ethnicities.. The criminal justice system must address these concerns and take action to guarantee that everyone is treated fairly when it comes to the law.
