Race, Bias and Problem-Solving Courts

• NCJ Number: 238593
• Journal: National Black Law Journal Volume: 21 Issue: 1 Dated: April 2009 Pages: 27-52
• Author(s): Robert V. Wolf
• Date Published: April 2009
• Length: 26 pages
• Grant Number(s): 2006-MU-MU-K003
• Sponsoring Agency: Bureau of Justice Assistance (BJA)
• Publication Format: Article
• Publication Type: Research (Applied/Empirical)
• Language: English
• Country: United States of America

Annotation

This paper presents an overview of the literature examining the intersection between problem-solving courts and racial bias, and highlights key issues to be considered for future research.

Abstract

This paper reviews the literature examining the intersection between problem-solving courts and racial biases within the criminal justice system in this country. The paper is divided into two primary sections. The first section looks at the issue of race and the justice system. The factors that play a role in the interaction between race and the justice system include the existence of racial and ethnic disparities within the justice system, the attitudes that racial and ethnic minority groups have towards the police and the courts, and the sources of these disparities. Other areas that impact the debate on the interaction between racial bias and the criminal justice system include the methodology, theoretical framework, and quality of the data that is used in the research. Several strategies and programs that have been implemented to address the problem of racial bias in the justice system are discussed. The second section of the paper looks at the use of problem-solving courts to address the problem of racial bias in the justice system. Problem-solving courts take many different forms but they involve six key principles: 1) enhanced information; 2) community engagement; 3) collaboration; 4) individualized justice; 5) accountability; and 6) outcomes. Ways that problem-solving courts can be used to reduce racial bias are discussed and include linking participants to social services, improving legal services for minority and indigent offenders, providing alternatives to incarceration, improve perceptions of procedural justice by offering offenders contact with the justice system that is smaller in scale and more individualized, and supporting community collaboration. The final section of the paper discusses the next steps that should be taken to address the problem of racial bias in the criminal justice system.