Judges’ Perceptions of Systemic Racism in the Criminal Justice System

Abstract

Recognition of the causes and consequences of systemic racism, particularly related to the criminal justice system, has increased in recent years, in part because of the Black Lives Matter movement. Awareness of racism and how it intersects with the justice system is a first step to addressing it; thus, it is critical to understand the sentiment of justice employees regarding systemic racism. This content analysis assessed the sentiment of 632 judges who responded to The National Judicial College's Question of the Month. Approximately 65% believed that systemic racism exists in the criminal justice system. Assessment of open-ended responses revealed many themes. Some judges pointed toward disparate treatment, while others denied racism exists. Some claimed that racism occurs but is not systemic. Many said that disparities are not a result of racism, but a result of SES, education, etc. Judges specified training and reforms (e.g., bail) that are needed. Suggested solutions included increasing accountability for police, prosecutors, and judges who display discriminatory behavior. These solutions indicated that judges are amenable to training and other reforms; such policy shifts should be pursued.