保释决定中的种族偏见

Racial Bias in Bail Decisions*

Quarterly Journal of Economics · 2018
被引 357
人大 A+FT50ABS 4*

中文导读

提出新方法检验保释决定中的种族偏见,利用准随机分配的法官数据发现,迈阿密和费城的法官对黑人被告存在种族偏见,且新手和兼职法官偏见更严重。

Abstract

Abstract This article develops a new test for identifying racial bias in the context of bail decisions—a high-stakes setting with large disparities between white and black defendants. We motivate our analysis using Becker’s model of racial bias, which predicts that rates of pretrial misconduct will be identical for marginal white and marginal black defendants if bail judges are racially unbiased. In contrast, marginal white defendants will have higher rates of misconduct than marginal black defendants if bail judges are racially biased, whether that bias is driven by racial animus, inaccurate racial stereotypes, or any other form of bias. To test the model, we use the release tendencies of quasi-randomly assigned bail judges to identify the relevant race-specific misconduct rates. Estimates from Miami and Philadelphia show that bail judges are racially biased against black defendants, with substantially more racial bias among both inexperienced and part-time judges. We find suggestive evidence that this racial bias is driven by bail judges relying on inaccurate stereotypes that exaggerate the relative danger of releasing black defendants.

种族偏见保释决策审前不当行为率法官经验