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Racial Fairness
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NCSC Documents  Recent NCSC reports and publications and NCSC seminal works. Also includes Trends articles, Court Executive Development Programs (CEDP) papers, Court Technology Conference Presentations, Justice System Journal articles and NACM Achievement Awards.

Digital Archive  Works on judicial administration accumulated since NCSC's inception in 1971 that have been digitized to preserve their historic value.

Race & Ethnic Fairness in the Courts   NCSC's national campaign to ensure the racial and ethnic fairness of America's state courts. Includes an interactive database of state programs, tactical plans and resources.

Race and Ethnic Fairness Initiative   Database of the main findings and recommendations of the various commissions and task forces established by state judicial branches to investigate and improve racial and ethnic fairness in their courts.

Public Trust and Confidence Forum   Unequal Treatment in the Justice System

Access and Fairness InfoCenter  Additional CourTopics modules related to this topic.

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Racial Bias

Bourassa, Steven C. Racial Fairness in Sentencing: A Case Study of Selected Crimes in Jefferson County for the Racial Fairness Commission, Commonwealth of Kentucky Court of Justice. Urban Studies Institute, School of Urban and Public Affairs, University of Louisville (2004).  (KFK1775 B68 2004)

Minnesota Judicial Branch Releases First Data from Race Data Collection Project. Minnesota Supreme Court Press Release (August 2003).  Includes a link to Adult Major Criminal Case Filings by Race and Ethnicity 2002--Minnesota Courts Statewide. This article explains the Michigan Judicial Branch's release of data from its race data collection study, the information collected will present a clear picture of the state's justice system.

Martin, William E. and Thompson, Peter M. "Removing Bias from the Minnesota Justice System." Bench and Bar of Minnesota 59, no. 7 (July 2002).  This article explains how the Michigan justice system is working to rid itself of minority bias, through a recent task force, review of previous actions, and planning for new programs in the future.

Martin, William E. and Thompson, Peter M. Judicial Toleration of Racial Bias: Introduction. University of Dayton School of Law website (Winter 2002).  Excerpts taken from “Judicial Tolerance of Racial Bias in the Minnesota Justice System.” 25 Hamline Law Review, Winter 2002. Website contains information concerning race, racism and the law.  Includes links to other sites containing similar information.

COSCA Position Paper on Racial and Ethnic Fairness.  (December 2001).  In December of 2001, the Conference of State Court Administrators (COSCA) issued a position paper on the State Courts’ responsibility to address issues of racial and ethnic fairness. The COSCA position paper outlines strategies and goals for the judiciary to confront the issue of race and ethnic bias.  The sub-topics of this resource guide reflect most of the priority areas outlined in the COSCA position paper. 

"Eliminating the Barriers and Opening the Doors." Michigan Bar Journal (January 2001).  This article explains the actions of the State Bar of Michigan in conjunction with the Michigan Supreme Court Citizen's Commission to Improve the Courts to decrease the racial discrimination and bias found in the state's judicial system.

Flores, Carmen The Court as Employer: Best Practices for Ensuring a Bias Free Environment and Attaining a Diverse Workforce. New Jersey Courts (2000).  (KFN2310.5 .A3 F58)

Guide to Bias-Free Behavior in the Courts Pamphlet. Michigan Supreme Court (1994).  The Michigan Supreme Court is committed to equal treatment for men and women of every race, religion and economic class.

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Diversity in the Courts

ABA Center for Racial and Ethnic Diversity. American Bar Association.  This ABA Web site provides information including diversity news, resources for students, etc.

National Database on Judicial Diversity in State Courts. American Bar Association.  This web site represents a compilation of the research team's findings on both a national and individual state levels. The ABA research team was charged with gathering detailed information on state judicial diversity, particularly as it relates to race/ethnicity, gender, methods of selection variables, and state population variables.

Resolution Six of the CCJ Access to and Fairness in the Courts Committee.  (January 2009).  The Access to Justice Committee of the Conference of Chief Justices adopted resolution six on January 28, 2009.  Its purpose is to foster racial and ethnic diversity among law clerks in the state and federal courts.  Judges may use a free video conferencing system called "Law School Connect" to interview candidates for judicial clerkships.  Law School Connect is available at a number of law schools around the country.

Torres-Spelliscy, Ciara, Monique Chase, and Emma Greenman Improving Judicial Diversity. New York, NY: Brennan Center for Justice at New York University School of Law (2008).  This study looks at a sample of ten states and examines the success of states with an appointment system of judicial selection and presents a picture of diversity in state courts.  Also featured in the study are responses from interviews with members of state judicial nominating commissions regarding how diversity is taken into consideration during the judicial nomination process.

Diversity Best Practices Guide. National Association for Legal Career Professionals (March 2006).  The NALP has created this guide to assist legal employers to implement diversity strategies and initiatives.  The Guide is organized into four topics: (1) leadership, (2) retention, culture and inclusion, (3) professional development, and (4) recruitment.

Answering the Call for a More Diverse Judiciary. Lawyers Committee for Civil Rights Under Law  (June 2005).  Provides a review of state judicial selection models and their impact on diversity.

Willert, Sheryl J., Antoinette M. Davis Building a Diverse Court: A Guide to Recruitment and Retention. Washington Supreme Court, Washington State Minority and Justice Commission (September 2002).  This guide includes a discussion of why diversity in the court system is a worthwhile goal, how to assess the diversity in your own court, and how to implement initiatives that have proven effective in increasing diversity.

Colorado Judicial Branch Equal Opportunity and Diversity Plan 2002.. Colorado Supreme Court  (February 2002).  This plan spells out methods of Colorado's Judicial Branch for providing diversity and equal employment opportunity, including the statement of policy, duties and responsibilities of members, communication of the judicial branch equal employment program, and program components.

Equal Employment Opportunity/Affirmative Action Master Plan. Judiciary of the State of New Jersey (May 2000).  This comprehensive guide includes information on the equal opportunity and affirmative action plan of the New Jersey Courts.

Affirmative Action Plan of the Massachusetts Trial Court. Administrative Office of the Massachusetts Trial Court (July 1998).  Some of the topics covered in this resource include a statement of the affirmative action policy of the Massachusetts Trial Court, implementation guidance, hiring procedures, and relevant statutes and regulations.

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Education and Training

Cultural Issues and Community Strategies for Dealing with Bias Crime. Office of Justice Programs.  This is Session F from the publication “Responding to Hate Crime: A Multi-Disciplinary Curriculum.” Office of Justice Programs. This presentation supplement is designed to help participants understand the importance and effect of culture, realize the impact of culture on bias crime, describe effective community involvement in combating bias crime, and understand the importance of constructing successful networks and coalitions.

Herman, Madelynn State Court Approaches to Addressing & Promoting Racial/Ethnic Fairness. Delaware Summit on Racial and Ethnic Fairness (September 2007).  This presentation discusses promising approaches to improving fairness and the perception of bias. Institutionalizing bias-free behavior is also discussed.

Responding to Hate Crime -- A Multidisciplinary Curriculum for Law Enforcement and Victim Assistance Professionals. National Center for Hate Crime Prevention (February 2000).  This program presents information for law enforcement officials and assistance professionals in dealing with hate crimes, through recognizing bias crimes, realizing victim impact, identifying bias crime offenders, studying bias crime and the law, understanding the roles of law enforcement and victim assistance professionals, and responding to cultural issues and community strategies for dealing with bias crime.

When Bias Compounds: Insuring Equal Justice for Women of Color in the Courts -- A Model Judicial Education Curriculum.. National Judicial Education Program to Promote Equality for Women and Men in the Courts (June 1998).  Curriculum outline includes, why a program on women of color in the courts, cognitive process and the implications of stereotypes for women of color in the courts, controlling the courtroom and the courthouse, women of color as victims of gender-based violence, action planning, and the cultural defense and cultural experience. [KF478 .W53 1996]

Just Us On Justice: A Dialogue on Diversity Issues Facing Virginia Courts: A Multi-part Curriculum for Institutionalizing Diversity Training in the Virginia Judicial System. Alexandria, VA: McKinley Group  (1998).  (KFV2910.5 .D5 J9 1998)

Cultural Diversity Education Workshop for the 1997 Judicial College. Washington State Minority and Justice Commission (1997).  (KFW510.5 .D5 C855)

The Court`s Image: Diversity Training for Court Administrators: Humane Court Management. Michigan Judicial Institute  (1992).  (KFM4710.5 .D5 C68)

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Jury System Diversity

"County to Address Jury Diversity." Pittsburgh Post-Gazette (February 2003).  This article explains the plans of the Allegheny County justice system to start new programs which will improve the involvement and participation of minorities, largely underrepresented in the current system, in area's judicial process.

Committee on More Effective Use of Juries: Summary of Recommendations. Arizona Supreme Court  (August 2002).  Various recommendations for improving jury diversity are listed.

Houser, Mark. "A Jury of their Peers?." Pittsburgh Tribune Review (July 2002).  This article delves into the actions of Allegheny County judicial system's attempts to improve the lack of diversity in jury selections, through the discussion of the issue of blacks missing from panels, problems with the system, potential of abandoning "randomness," and examines juries and society.

Racial and Ethnic Bias in Jury Selection. Pennsylvania Unified Judicial System (2001).  Chapter 2 of this report examines racial and ethnic bias in jury selection.

McNulty, Jennifer. "Sociologist Testifies About How to Overcome Racial Bias in Jury Selection." University of California Santa Cruz Currents (March 1997).  This article explains Hiroshi Fukurai's experience in testifying about the under representation of minorities in California juries, where he advocated the use of affirmative action in jury selection.

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Criminal Justice System Bias

Villarruel, Francisco A., et al. Donde Esta La Justicia? A Call to Action on Behalf of Latino and Latina Youth in the U.S. Justice System. Institute for Children Youth and Families, Michigan State University (July 2002).  Recommendations include: eliminate racial profiling in law enforcement practices; encourage the use of community policing; developing policies encouraging the release of youth to their parents rather than relying on detention; training justice system officials in cultural sensitivity; collecting data in a way that accurately identifies both race and ethnicity; revamping risk assessment procedures to assure that they are not culturally biased; and increaseing the number of bilingual professions working in the justice system.

Reducing Racial Disparity in the Criminal Justice System -- A Manual for Practitioners and Policymakers. Washington, DC: The Sentencing Project (October 2000).  This comprehensive publication discusses the definition and importance of racial disparity, the causes of racial disparity, and the manifestations of racial disparity at key decision points in the justice system.  It also provides a research design to identify and understand racial disparity and offers options for reducing this disparity.

Justice on Trial: Racial Disparities in the American Criminal Justice System. Leadership Conference on Civil Rights (May 2000).  Recommendations include: build accountability into the exercise of discretion by police and prosecutors; improve the diversity of law enforcement personnel; improve the collection of criminal justice data relevant to racial disparities; suspend operation of the death penalty; repeal mandatory minimum sentencing laws; reform sentencing guideline systems; reject or repeal efforts to transfer juveniles into adult justice system; improve the quality of indigent defense counsel in criminal cases; repeal felony disenfranchisement laws and other mandatory collateral consequences of criminal convictions; and restore balance to the national drug control strategy.

"Punishment and Prejudice: Racial Disparities in the War on Drugs." Human Rights Watch 12, no. 2 (May 2000).  This study found that black men are sent to state prisons on drug charges at 13 times the rate of white men, even though five times as many whites use drugs as blacks.  Researchers also conducted a state-by-state analysis, and found that racial disparities are far greater in some states than others.  In 10 states—Illinois, Wisconsin, Minnesota, Maine, Iowa, Maryland, Ohio, New Jersey, North Carolina, and West Virginia—black men are sent to prison on drug charges at 27 to 57 times the rate of white men, based on population, according to this report.

VanVleet, Russell K, et al. Minority Overrepresentation in the Utah Juvenile Justice System. Utah Task Force on Racial and Ethnic Fairness in the Legal System, Juvenile Committee on Disproportionate Minority Confinement (March 2000).  This text presents a study on the disproportionality of juvenile minorities in the Utah Juvenile Justice System which worked to determine if systemic racial bias is present in the judicial system.

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NCSC Library - Video

Bias Awareness in the Courts (video recording). Institute of Continuing Judicial Education of Georgia (1990).  (KFG510.5 .D5 B53)

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Date Last Modified: 8/4/2009
Creation Date: 2003

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