Many women and minorities find themselves unable to escape the pervasive bias in our justice system.
A bill regarding equal justice for women and minorities in the courts was recently passed by the California Legislature’s Judiciary Committee unanimously. This vote is more than a step forward: it is also a lifeline for countless people who have experienced the harsh realities of gender and minority bias in our courts.
While those who can afford to hire private attorneys can keep their legal matters confidential and out of the court system, others who do not have the ability to hire or speak to attorneys must plead guilty due to their fear of the potential outcomes of the affair. This creates a two-tiered justice system, in which those with resources can avoid the stigma and consequences of a criminal record, while those without money will bear the brunt of the burden. injustice.
SB 1356 expands the scope of existing judicial training programs to broadly combat gender bias. The bill will also require training to understand gender discrimination in many areas of women’s work and lives.
Additionally, SB 1356 will expand judicial training programs to include ensuring that the judge understands the impact of power and gender dynamics on women and minorities. Training for judges under the bill would address implicit and explicit bias, discrimination and stereotyping of women in court decisions, as well as how judges can recognize and be sensitive to issues facing women and minorities in vulnerable situations face.
A 2023 UCLA report found that women’s long sentences function, in part, as punishment in the criminal justice system rather than rehabilitation. The report also reveals that women in the criminal justice system have often survived multiple forms of racialized, gendered and sexualized violence directly and indirectly linked to the charges against them.
California has the highest rate of women sentenced to life in prison. Twenty-five percent of people incarcerated for life are women. Blacks and Latinos bear a disproportionate burden in the criminal justice system, making up 66% of the county jail population and 74% of the jail population, despite making up only 47% of the state population.
Judges are the best and last defense against an inherently biased system. They have immense power and capacity to shape the outcome of a case to ensure that justice prevails over bias and to recognize the unique vulnerabilities faced by marginalized communities and women.
To ensure impartiality in judicial decision-making, judges should receive training to understand gender sensitivities and differences in judicial procedures, including eliminating stereotypes about women, assessing inequalities of power and understanding the needs and recourses for groups of people in uniquely vulnerable situations.
Existing law only requires the Judicial Council of California to develop training programs on domestic violence and the impact of domestic violence on children by perpetrators of violence.
In order to have confidence in the California justice system, it is essential that judges make decisions that are impartial, fair, and non-discriminatory against women or minorities. It is essential that our justice system always guarantees equal treatment before the law.
The Silicon Valley Ethics Roundtable, a group of prominent Santa Clara County community members, has worked for many years to ensure ethical decision-making within the community. The group unanimously supported SB 1356, legislation authored by the chair of the Ethics Roundtable and introduced in the Legislature by State Sen. Aisha Wahab, a member of the Women’s Caucus of the Legislative Assembly. Wahab’s work in the Legislature demonstrated strong support for civil and human rights.
The Ethics Roundtable considers judicial impartiality and judges’ understanding of inequalities in our society an important ethical issue, and the Judicial Council of California is positive about the bill and additions to judicial training .
Ann Ravel is chair of the Silicon Valley Ethics Roundtable and a former member of the California Judicial Council. Ravel is also a former chairman of the Federal Election Commission, a former Santa Clara County Councilman and a former chairman of the California Fair Political Practices Commission.
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