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COMBATING IMPLICIT BIAS TO REDUCE DISPARITIES IN THE CHILD WELFARE AND
JUVENILE JUSTICE SYSTEMS
Jason Okonofua Stanford University
Michael Harris
National Center for Youth Law
Hannah Benton National Center for Youth Law
ABA Conference on Children and the Law July 24, 2015
PANEL PARTICIPANTS Jason Okonofua, Doctoral Student
Stanford University, Psychology Department
Michael Harris Senior Attorney
National Center for Youth Law, Juvenile Justice
Hannah Benton Staff Attorney
National Center for Youth Law Juvenile Justice
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GOALS OF TODAY’S PANEL
! 1/ Introduction to implicit bias and how it can impact decision-making;
! 2/ Discussion of areas within the child welfare, juvenile justice and education systems where implicit bias may play a role; and
! 3/ Review of some of the promising techniques to reduce implicit bias.
WHAT CAN CAUSE RACIAL DISPARITIES?
! 1/ Explicit bias; ! 2/ Structural racism; ! 3/ Implicit bias or associations; and/or ! 4/ The interaction between two or more of
these factors.
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HOW CAN YOU PROVE RACIAL DISCRIMINATION?
! 1/ Explicit bias; ! 2/ Structural racism; ! 3/ Implicit bias or associations; and/or ! 4/ [Sometimes] The interaction between two
or more of these factors.
The Science of Implicit Bias
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LAY VIEW: RACIAL BIAS IS ABSENT
! I always treat members of other racial groups fairly. 94%
! I am very concerned about racial issues. 31%
SOCIAL PSYCHOLOGICAL VIEW: RACIAL BIAS IS PRESENT
! Race can influence people more often than they think.
! Race can be processed implicitly.
! Thinking about race has consequences.
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The Black-Crime Association
Weapon Detection
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Frame 41
LEVELS OF DEGRADATION
Frame 25 Frame 1
Crime Object
7
16
18
20
22
24
26
28
White Prime No Prime Black Prime
Fram
e N
umbe
r
Crime-Relevant Crime-Irrelevant
Object Detection
Eberhardt, Goff, Purdie, & Davies (2004)
Use of Force
8
530
550
570
590
610
630
650
Rea
ctio
n Ti
me
(ms)
No Gun Gun
Black target
White target
Reaction Times
0
1
2
3
4
Err
or R
ate
per
20 T
rials
No Gun Gun
Black target
White target
Error Rates
Decision to Shoot
Correll, Park, Judd, & Wittenbrink (2002)
How Can Implicit Bias Impact the Education System?
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TEACHER DISCIPLINE STUDY
! Imagine you are a teacher at this school...
INFRACTIONS
• Jake/Darnell is consistently disrupting the class environment by strolling around the classroom at random intervals, getting tissues from the tissue box multiple times during a 50 minute class, throwing items away constantly; in general, Jake/Darnell circulates around the room and up and down the rows to see what other students are doing, have eyes on him, and disrupt the flow of the lecture or activity the class was participating in.
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FEELING TROUBLED: FIRST INFRACTION
0
1
2
3
4
5
6
7
First Infraction Second Infraction
White Black
DISCIPLINARY ACTION: FIRST INFRACTION
0
1
2
3
4
5
6
7
First Infraction Second Infraction
White Black
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INFRACTIONS
! 3 days later the student misbehaves again…
INFRACTIONS
• Jake/Darnell is sleeping in class. You tell him to pick his head up and get to work. He only picks his head up. He chooses to rest it on his hand and continue to sleep. So you ask him one more time and again, Jake/Darnell refuses to do work. You ask him to leave class and go to the office to tell them that he won’t do his work and chose to sleep instead. He refuses to do this as well.
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FEELING TROUBLED: SECOND INFRACTION
0
1
2
3
4
5
6
7
First Infraction Second Infraction
White Black
DISCIPLINARY ACTION: SECOND INFRACTION
0
1
2
3
4
5
6
7
First Infraction Second Infraction
White Black
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PERCEIVED PATTERN OF MISBEHAVIOR
Race of Student Discipline
Pattern
Okonofua & Eberhardt
EDUCATION/STPP
! What educational decisions are likely to be affected by Implicit Bias?
! Suspensions
! Referrals to law enforcement
! Arrests at schools
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How Can Implicit Bias Impact the Child Welfare System?
Screen-in & Investigation
Substantiatedbsta
Removal
Unsubstantiated Case Closed
Foster Care Placement
In-Home Services
Kinship Care Placement
Institutional Placement
Screen-Out
Referral
SAMPLE CHILD WELFARE SYSTEM
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How Can Implicit Bias Impact the Juvenile Justice System?
PERCEIVED AGE STUDY
“Kishawn Thompkins was arrested and charged with cruelty to animals. He attempted to drown a neighborhood cat in his backyard.”
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AGE OVER-ESTIMATION
-2
-1
0
1
2
3
4
5
6
7
White Black age
over
esti
mat
ion
(in
year
s)
misdemeanor suspects
felony suspects
SUPREME COURT
Sullivan v. Florida, 987 So.2d 83 (Fla. 2008), cert. granted, 129 S.Ct. 2157 (2009) Graham v. Florida, 982 So.2d 43 (Fla. 2008), cert. granted, 129, 129 S.Ct. 2157 (2009)
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SUPREME COURT STUDY
! Joe Sullivan
! 17 prior juvenile convictions
! Convicted of brutally raping an elderly woman
3
3.5
4
4.5
5
Black Prime White Prime
Not
at A
ll (1
) – E
xtre
mel
y (6
)
Support for Life in Prison
3
3.5
4
4.5
5
Black Prime White Prime
Juve
nile
s le
ss b
lam
ewor
thy
(1) –
Ju
veni
les
equa
lly b
lam
ewor
thy
(6)
Relative Culpability
Supreme Court Study
Rattan, Levine, Dweck, & Eberhardt (2012)
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SAMPLE JUVENILE JUSTICE SYSTEM FLOWCHART
Pro- secution
Formal Processing
Ad- Judication Release
Residential Placement
Probation
Criminal Justice System
After- Care
Diversion Informal Processing
& Diversion
Dismissal Release
Statutory Exclusion
Prosecutorial Discretion
Court Transfer
Judicial Waiver
Detention
Law Enf.
Non-Law Enf.
Intake
How Can the Pipeline be Obstructed?
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INTERVENTIONS/DEBIASING
! What can lawyers and system leaders do to curb the impact of implicit bias
on decision-making?
! Mindfulness, ! When hiring, specify selection criteria before beginning process, ! Diversify the decision-making group, ! Set up racially diverse teams in the work environment, ! Interact with clients in a less stressful environment, ! Counter-stereotypical exemplars.
CONTACT
! Jason Okonofua, Stanford University ! okonofua@stanford.edu
! Michael Harris, National Center for Youth Law ! mharris@youthlaw.org
! Hannah Benton, National Center for Youth Law ! hbenton@youthlaw.org
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