Setup
Criminal justice reform is gaining momentum across the country in the hope of turning the page on the era of mass incarceration. But even the best possible laws must be carried out by humans. Implicit racial, religious, and gender biases, confirmation bias, tunnel vision, and myriad other human psychological foibles make objectivity all but impossible. Add to the mix the often unchecked power of prosecutors, and the result is a system rife with profound injustices. But there is hope: The authors of two new books related to our human shortcomings and how we beat them discuss what it would take to build a better justice system. Stick around after the event for a book signing with Emily Bazelon.
Bias is real — and it can be measured
Psychology professor Jennifer Eberhardt decided to cut through the noise surrounding bias in the criminal justice system and conduct laboratory studies to see if she could get some concrete results. What she found was that people not only see everyday people differently depending on who they are, but they also interpret mundane objects differently.
When subjects were repeatedly shown black male faces then shown blurry objects, the subjects saw the blurry objects as weapons more readily than if they were instead shown white faces.
Seeing is only believing
Eyewitness identification during criminal investigations and trials is an indispensable tool for police departments. But, says psychology professor Jennifer Eberhardt, the bias in inherent in eyewitness accounts is often misunderstood or ignored.
Big Idea[Peoples’ memories for faces] aren’t nearly as good as they like to believe—especially when you're in a situation where you’re fearful or threatened.Jennifer Eberhardt
Our memories are fleeting, says Eberhardt, and when we forget details we fill them in with assumptions. That leaves the door wide open for biases to take command of our memories.
By the numbers
Confirming our biases
Confirmation bias is an extensively studied psychological phenomenon, wherein people tend to interpret both new and old information in ways that support existing beliefs. Applied to policing, if investigators come in to a case with pre-existing ideas about the outcome, they’re more likely to find that the evidence fits their preconceptions. Jennifer Eberhardt and Emily Bazelon explain further:
This excerpt has been lightly edited for clarity
-
Jennifer Eberhardt: If the prosecutor has a story and it’s time to check for fingerprints or other evidence, and the test results are ambiguous, you resolve the ambiguity in the direction of consistency with the overall story, the overall narrative.
-
Emily Bazelon: And that shows how this seemingly neutral scientific evidence can be harnessed or twisted in favor of a particular narrative.
Since police are far from immune to biases, they sometimes fit the facts of a case to support those biases instead of seeking the truth.
No one’s a villain in their own story
Let’s say the evidence in a case becomes untenable to support a conviction, or new evidence emerges that could vacate someone’s prior conviction. Emily Bazelon says that in this situation, police officers, prosecutors, and judges frequently dig in their heels and refuse to accept that their first conclusions were wrong. Bazelon says that this moment of illogic is a psychological defense.
Big IdeaI think these psychological biases play into the resistance that professionals have to admitting they made a mistake The moral reckoning of recognizing that you did harm, instead of good, and in fact have ruined someone’s life, is too much to take in.Emily Bazelon
Or, as Jennifer Eberhardt puts it, “No one’s a villain in their own story.” Helping criminal justice communities understand, and course-correct for, biases in their own actions can help prevent those situations from unfolding in the first place.
Learn More
Additional Information
Resources
Charged: The New Movement to Transform American Prosecution and End Mass Incarceration by Emily Bazelon
Biased: Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do by Jennifer Eberhardt
Explore More
Society
Many more Americans are struggling to survive and make ends meet than is typically portrayed in the media and public policy debates. And when poverty is depicted, harmful and...
Friends, partners, children, families, coworkers — these connections profoundly shape our lives, and even in the best of times, navigating them takes real work. It also means...
New York Times columnist and bestselling author David Brooks is known for bringing his thoughtful reflections on politics and culture, but at this year’s Aspen Ideas Festival,...
Jump in by watching our 15 most popular talks of all time. From black holes to jazz and civil rights to psychology hacks, we've collected the talks that remain audience favori...
America’s “second founding” came on the heels of the Civil War, when the architects of the 13th, 14th and 15th amendments thought long and hard about how to enshrine civil rig...
Finding the national and global headlines understandably bleak lately? Whether you need mental distraction or stimulation, engross yourself in compelling topics and get a gli...
Today's kids are coming of age against a backdrop of political, social, technological and economic upheaval. While these circumstances are shaping a precocious generation that...
Hope seems like a simple concept, but the feeling can be difficult to hold onto. And when times are difficult and chaos swirls around us, it’s more important than ever. How do...
Advocates, healthcare providers, legislators, researchers, and venture capitalists are bringing the unique health needs of women to light – from vigorous policy debates on iss...
Ethical dilemmas, stakeholder pressure, building trust — leading organizations requires wisdom and stamina from the top. Who wouldn’t want some advice?
It’s been decades since the United States has updated its immigration policies in any sort of comprehensive way, and the problems and suffering at the southern border have per...
What makes us happy — really? How can we raise resilient and empathetic children? What does it mean to be truly connected in our increasingly digital world? Can we re-instill...
Whether they publicly tout it or not, U.S. technology companies play a powerful role in politics, cultural issues and the way we live. Founder and investor Peter Thiel is one...
Our need for human connection is profound and deep. Yet, today, one in two adults are living with measurable levels of loneliness – and the numbers are even higher among young...
The 2024 presidential election is only months away, and the past few weeks alone have brought shocking headlines that change the political ground we stand on — an attempted a...
Sizable electorates around the world are flocking to populist candidates who promise power, domination and a return to better times. The global experiment in liberalism seems...
Conflict and suffering can bring out the worst in people, but it can also bring out the best. This is one of the lessons New York Times columnist Nicholas Kristof has learned...
The federal right to abortions in the United States has been overturned, access to contraception and IVF services are threatened in many states, and the gender wage gap persis...
The Supreme Court has issued another series of controversial and consequential decisions this term, fueling discussion on the current state of the judicial branch. Recent poll...
Henry Louis Gates Jr. — one of America’s leading public intellectuals and director of the Hutchins Center for African and African American Research at Harvard — explains the i...