British studies revealed that unintentional racial prejudice is frequent. For example,
participants with unintentional racial bias against Asians would ignore an email with an
Asian sounding name; the weapon bias was attributed to blacks… Racial stereotypes and
prejudices are no longer as prevalent in the legal world today as they once were, but they
remain. Litigants, witnesses, young people wishing to integrate the profession… All are still
victims. A series of UK reports in 2017 showed ethnic inequalities in different sectors and the
treatment by police and the courts. They found evidence of discrimination against people
from minorities in the justice system in England and Wales. BAMEs in the criminal justice
system is disproportionate. It is also deplored the prejudices against ethnic minorities and the
lack of diversity in the profession. How to cure it?
Bias is a prejudice for or against a thing, person, or group, usually in a way considered unfair.
They can come from individuals, institutions and others and can have negative or positive
consequences. It is conscious, said explicit, and unconscious called implicit biases. It is
essential to take note that prejudices are not limited to race. Stress, fatigue, may aggravate
behaviours based on unconscious bias. To overcome unconscious prejudices, people need to
be aware of it.
Minorities are sometimes not treated respectfully by judges. Judges must perform their duties
without biases. They should not comment on race, gender, religion and so on, nor should the
judge allow court officials or other persons subject to its discretion to do so. A manual to
judicial ethics was published in 2003. It guides judges on situations they could meet and
establishes principles on which judges could make their decisions, in judicial independence.
The basis which ought to govern judges conduct are independence, impartiality, and integrity.
Unconscious passive bias is subtle but influences the judicial impartiality, overall bias using
variety racial stereotypes keeps social problems going. Nevertheless, judges should not be
afraid of using ‘their knowledge’. Conscious bias is mastery! Like magistrates, requiring
community understanding, judges should be ‘enlightened.’ Arden LJ said: “…judges need
social awareness, environment knowledge…” but examining cases compulsorily without
clichés, using relevant legislative provisions and evidence.
An example of stereotypical jurors’ beliefs: women with no physical injury would mean that
the accused is not guilty. Yet research has shown that rape is not always accompanied by
physical violence. Contrariwise, if the jury receives information on the reasons the victim is
not injured, that reduces stereotypical attitudes in their conclusions. The bias arises from
ignorance and the way people behave towards others. It is essential to avoid perceived or real
biases for the good administration of justice.
Three years ago, to fight prejudices, BAME suspects prosecutions were postponed or
dropped. Similarly, recently in response to the Black Live Matters. Even if BAME
individuals are the justice system’s victims, the prejudice issue of prejudice should not lead to
the release of criminals, and to preserve in addition to judicial independence.
Lammy declared that sentence reductions and criminals’ records erasures would be granted to
youth, recognising their ‘immaturity.’ Indeed, criminals’ records would prevent them from
finding work. England wants to follow New Zealand or California on reintegration programs.
The young person does not have to plead guilty. These programmess prevent recurrence.
England also wants to be inspired by the German system which applies a lesser law to young
adults, if the “moral and psychological development” of the accused shows that he is
‘immature.’ I would argue that undeniably a teenager is not old enough to be considered an
adult. The legal criminal age in the UK is the lowest in Europe, 10 years old. What the UK
needs is to change it.
In the same vein, statistics indicate that knife attack is the most common crime and this for
years. Often these attacks result in death. It follows that there is an urgent need for the
United-Kingdom to act. For example, banning knives’ sale to minors, and demanding
parents’ vigilance. An action would raise realisation and would give the opportunity to
educate. Meaning that atrocities and condemnations would lessen.
The Department of Justice would like to use artificial intelligence to eliminate bias. The
Effective Proposal Framework (EPF) developed in 2017 is a digital application used by court
probation staff to decide sentences. EPF does not replace professional judgment: proposals
are verified and must match sentencing guidelines. Between April and June 2018, the
imprisonment rate rose from 55% to 44%.
For businesses, diversity is more than ‘ticking boxes’: customers want diverse teams that
manage their needs. The Bar Council supports diversity through training and programs such
as Bar Placement Week, PAJE, Council Leadership Program, and numerous projects. The
Pupillage Gateway is supposed to facilitate applications transparency. Contextual and blind
recruitments can help diversity. Mentoring programs too. Many employers recruit interns
from the Russell Group. BAME are under-represented there. Some minorities said it was
easier to get into crime and immigration than into financial or commercial law.
The upcoming SQE could also aid if employers no longer look at A-level and degree results,
but especially at SQE, related to lawyer competences. According to the SRA, to enlarge
diversity in the profession, employers’ actions are crucial.
To summarise, biases are unfair prejudices that can lead to wrong decisions. It is imperative
that they are eliminated from the legal system. The first step is to become mindful. Biases are
not limited to race. Judges during a trial are responsible for the lawyers, the parties, and the
jury. They must ensure that there is no outbreak. Judges should use their proficiency and be
impartial.
The battle against unfairness must not hinder justice. Besides judicial independence must be
respected. The Ministry of Justice’s efforts should be commended. To pursue the
involvement in juvenile crimes as well as lower women’s and minorities’ condemnations,
initiatives are therefore needed. More of contextual recruitment and mentoring programs
would assist minorities to feel welcome in the profession. “To judge means to form an
opinion, a conclusion on”.