In 2010, a 16 year old black man named Kalief Browder was accused of stealing a backpack in the Bronx. His bail was set at $3,000, and since he was unable to post bail, Browder was sent to Rikers Island. He was offered many plea deals, including three and a half years in prison if he plead guilty. Browder stayed in solitary confinement for nearly two out of the three years in Rikers. His charges were eventually dropped since there was no direct evidence Browder had stolen the backpack. Yet, Browder’s mental health still suffered, resulting in him ending his life a few years after he was released from prison. In 2013, a 16 year old white man named Ethan Couch killed four people while driving intoxicated. Couch did not receive a bail: instead, he was released into his parents’ custody and spent no time in pretrial detainment. Couch received ten years probation. His excuse for his actions: He did not understand driving under the influence was wrong. These boys, both 16 years old, received drastically different punishments. While Browder had no concrete evidence against him, Couch did. But, Browder paid the price of being a minority in the legal system, and the “Trial Tax.”

Research:

The Trial Tax” is the practice of judges imposing harsher sentences to defendants who go to trial rather than accepting a plea deal. Minorities who receive pretrial detainment, or jail, are 3% more likely to face higher bail which results in higher rates of incarceration. This results in the “snowball effect” for minorities, since detainment is the beginning of a lengthy trial process. Studies show there is a direct correlation between Black defendants and pretrial detainment with a subsequent increase in indictment outcomes. Black defendants are 45% less likely to plead guilty due to distrust of the system, stemming from previous societal issues. There is an overrepresentation of minorities incarcerated, so plea deal bias disproportionately affects them. Therefore, there are broader societal implications; it’s not just a race issue, but rather an issue with the justice system. Minorities are more likely to accept a Binding Guilty Plea deal rather than Non-Negotiated plea deal. A Non-Negotiated plea deal is when a defendant pleads guilty without any agreement or sentencing reduction prior to court. A Binding Guilty Plea gives the defendant a guarantee that their charges will be reduced when they plead guilty, which is a definitive benefit for them, rather than gambling on a Non-Negotiated plea. However, White defendants are 25% more likely to receive more favorable plea deals. Bypassing a trial and going to court results in 15-60% longer sentences than minorities would have received within a plea deal.

So What:

Black and Latinx defendants are more likely to be moved from a plea bargain to indictment compared to white counterparts. A majority of cases overall (90%) result in plea deals. Since minorities are already predisposed to higher incarceration rates, they are disproportionately affected by unfair plea bargaining deals. Judicial systems perceive minorities to be more likely to become second time offenders if they have prior convictions, whereas White defendants with no previous convictions get charges reduced 64% of the time, compared to only 40% of Black defendants. Minorities are also charged with more severe sentencing if they have previous convictions than White counterparts with previous convictions, since prior record is taken into consideration when creating plea deals and sentencing overall. 

Why is this important?

Minorities are sentenced more harshly than those who are White and commit the same crimes. Some studies have shown that reform is needed to reduce the systemic biases within the legal system. This could manifest as continuing education classes or awareness campaigns for those working within the legal system. Firmer guidelines can be implemented within the severity of a crime committed and its sentencing. These biases have been enforced within the legal system since the 1920’s, a documented period of police assuming guilt of minorities, rather than the ‘innocent until proven guilty’ that they are required to follow. Even minorities are willing to accept/believe they deserve harsher punishments than White counterparts who commit the same crimes, because they are used to racial disparities, especially within the court. As people become more aware of these biases, we can begin to change the systematic racism within the legal system. 

Within the Bucknell Community: 

Bucknell is a Predominately White Institution (PWI), and without realizing it, many Bucknellians distribute implicit biases to the minorities on campus. Raising awareness about these racial disparities can help minimize them, since we are the future of the United States. 25% of Bucknell students are minorities; while this is not a majority of students, it still is a large percentage of the community that deserves equitable treatment. Bucknellians will be future lawyers, judges and civilians of the United States. The education and awareness of societal issues at a pivotal age in life will lead to a more equitable future.