Peer to Peer: ILTA's Quarterly Magazine
Issue link: https://epubs.iltanet.org/i/1415201
49 I L T A N E T . O R G youths of color being followed in stores, and many others. These spill over into preconceptions in the judicial system based on color rather than the facts of law." Yohannes' project seeks to identify and quantify levels of judicial bias in specific districts with the help of data analysts who can analyze trends and detect statistically significant patterns. The data scientists' expertise, which has allowed her to access new insights by narrowing data and controlling for certain issues, has been a powerful boost to her research. She is supplementing her data-based research with in-person conversations with judges and analysts to compile anonymized demographic data. Although Yohannes is still in the data collection process, her ultimate goal is to create an online anti-bias judicial training program that incorporates recommendations for best practices based on her research findings. Yohannes' research focus is supported by numerous papers, including a 2016 study from Stanford University which concludes that effectively defusing discrimination starts with determining whether people believe racial bias to be intentional or unintentional. If individuals believe that discrimination ref lects intentional racism on their part, the study found, they are more likely to try to behave in a "colorblind" way. Her research also builds on findings in a 2018 report to the United Nations on racial disparities in the U.S. criminal justice system, which noted that, while it is difficult to eradicate racial bias at the individual level, training can play an important role in reducing the problem. Studies have repeatedly shown that it is possible to train individuals to be behaviorally unbiased despite any beliefs they may privately hold. While speaking to judges about the topic can be sensitive, Yohannes says, "It's proving helpful to speak with actual legal practitioners to ensure they're cognizant of the issue of judicial bias. Our discussions allow us to find out in what circumstances their advisement might be unconsciously skewed to suggest white clients act differently from black clients – for example, is it based on how they are paid, how articulate their clients appear to be, or their perception of how clients will fare?" Failures in self-representation Judicial policies consistently impact disadvantaged groups adversely. This inconsistency has led to some individuals attempting to represent themselves, and most failing to do so adequately. In some instances, defendants may not trust attorneys, they might not be able to afford representation or they can't get help from overstretched indigent defense resources. All too frequently, self-representation works against them. Multiple studies show the hardships people of color face after being convicted of low- level crimes. These poor outcomes contribute to an ongoing distrust of the court system and a self-perpetuating cycle of judicial inadequacy. People with criminal records face a host of barriers to re-entering society after they have completed a jail term or period of community supervision. Obstacles include difficulties in securing employment, renting or buying property, accessing federal student aid, obtaining professional licenses or even voting. These overarching disadvantages are currently not addressed by practical solutions. Oscar Draughn, another 2021 AAN/LNROLF Fellow and student at Florida Agricultural and Mechanical University College of Law, is developing a digital app that will give people who are charged with misdemeanor offences and are not represented by counsel better insight into the court process. Defendants will have access to practical information ranging from when they need to appear to the specific consequences of the decisions they make before, during and after their court appearance. "Self-defenders get basic information from court clerks that they don't understand and, whether it's through choice or lack of means, they don't have access to legal advice to help them go through the process successfully," he explains. "The goal is to not create the tool based on what I or other legal professionals think this group needs, but to make it relevant by getting real-life input from individuals who have gone through this process and better educate people to help themselves." Draughn acknowledges the app can't solve the problem of self-representation entirely, but he says it can contribute to a reduction in the prevalence of poor outcomes and combine with other projects to make a substantial difference to the effect of systemic racial bias. The new pro se litigant resources app will include a knowledge database, step-by-step tutorials, and interactive modules that can be accessed by a computer or mobile device. The tool will minimize the probability of conviction for reasons unconnected with the facts of the case,