BIAS IN COURTS AND

CORRECTIONS
Selina Tejeda
Mike Long
Juan Rincon
Smith Wright
PREJUDICE IN FAVOR OF OR AGAINST ONE
THING, PERSON, OR GROUP COMPARED
WITH ANOTHER, USUALLY IN A WAY
CONSIDERED TO BE UNFAIR.

What is bias?
?
Different forms of Bias
FIFTH AMENDMENT
CANNOT DEPRIVE LIFE, LIBERTY, OR PROPERTY WITHOUT DUE PROCESS EQUAL PROTECTION
UNDER THE LAWS


FOURTEENTH AMENDMENT
FORBIDS STATES FROM VIOLATING AN INDIVIDUAL'S RIGHTS TO DUE
PROCESS AND EQUAL PROTECTION

* THE CONSTITUTION DOES NOT DIRECTLY CONSTRAIN DISCRIMINATION IN
THE PRIVATE SECTOR, BUT THE PRIVATE SECTOR HAS BECOME SUBJECT TO A
GROWING BODY OF FEDERAL AND STATE STATUTES.



Bias in the Constitution
SECTION 1981 U.S. CODE
(PROVIDES ADDITIONAL FEDERAL REMEDIES TO DETER HARASSMENT AND INTENTIONAL DISCRIMINATION IN THE
WORKPLACE)
ALSO PERMITS A JURY TO AWARD COMPENSATORY AND PUNITIVE DAMAGES IN SITUATIONS OF INTENTIONAL
DISCRIMINATION

TITLE 7 OF CIVIL RIGHTS ACT OF 1964
(PROHIBITS DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN. SEX INCLUDES
PREGNANCY, CHILDBIRTH OR RELATED MEDICAL CONDITIONS. IT MAKES IT ILLEGAL FOR EMPLOYERS TO
DISCRIMINATE IN RELATION TO HIRING, DISCHARGING, COMPENSATING, OR PROVIDING THE TERMS, CONDITIONS,
AND PRIVILEGES OF EMPLOYMENT. INCLUDING UNIONS))

EQUAL PAY ACT
(PROVIDES THAT IF WORKERS PERFORM EQUAL WORK IN JOBS REQUIRING "EQUAL SKILL, EFFORT, AND
RESPONSIBILITY . . . PERFORMED UNDER SIMILAR WORKING CONDITIONS," THE WORKERS MUST RECEIVE EQUAL PAY)


Federal Statutes regarding Bias.
AGE DISCRIMINATION IN
EMPLOYMENT ACT (ADEA)
(PROHIBITS EMPLOYERS FROM DISCRIMINATING ON THE BASIS OF AGE)
REHABILITATION ACT
(AIMS TO "PROMOTE AND EXPAND EMPLOYMENT OPPORTUNITIES IN THE PUBLIC AND PRIVATE SECTORS
FOR HANDICAPPED INDIVIDUALS," THROUGH THE ELIMINATION OF DISCRIMINATION AND AFFIRMATIVE
ACTION PROGRAMS)
AMERICANS WITH DISABILITY ACT
(TO ELIMINATE DISCRIMINATION AGAINST THOSE WITH HANDICAPS. IT PROHIBITS DISCRIMINATION BASED
ON A PHYSICAL OR MENTAL HANDICAP BY EMPLOYERS ENGAGED IN INTERSTATE COMMERCE AND STATE
GOVERNMENTS)

HTTP://WWW.LAW.CORNELL.EDU/WEX/EMPLOYMENT_DISCRIMINATION

ALL ACTS ENFORCED BY U.S. EQUAL EMPLOYMENT OPPORTUNITY COUNCIL (EEOC)
Federal Statutes continued.
ANDREW JACKSON- INDIAN REMOVAL POLICY

1856 GERRYMANDERING

1863 EMANCIPATION PROCLAMATION

1868 14
TH
AMENDMENT (1875 EMANCIPATION
PROCLAMATION)

1892 CHINESE EXCLUSION ACT

1916 JEANNETTE RANKIN FIRST WOMEN IN CONGRESS
History of bias in America
1920 19
TH
AMENDMENT

1922 OZAWA VS. U.S.

1924 INDIAN CITIZENSHIP ACT

1942 RELOCATION CAMPS FORMED

1943 REPEAL OF ASIAN EXCLUSION ACT

1947 JACKIE ROBINSON BREAKS COLOR BARRIER IN
SPORTS

History continued..
1954 BROWN VS BOARD OF EDUCATION

1957 DESEGREGATION AT LITTLE ROCK AR.

1967 DETROIT RACE RIOTS / THURGOOD MARSHALL 1
ST

AFRICAN AMERICAN JUSTICE ON SUPREME COURT

1973 VOCATION REHABILITATION ACT & ROE VS. WADE &
HOMOSEXUALITY STRICKEN FROM DSM

1975 AMA CALLS FOR THE REPEAL OF ALL STATE LAWS
BARRING HOMOSEXUAL ACTS BETWEEN CONSENTING
ADULTS

History continued
1978 REGENTS OF UNIVERSITY OF CALIFORNIA VS. BAKKE

1984 SUPREME COURT RULES STATES HAVE RIGHT TO OUTLAW
HOMOSEXUAL ACTS

1990 AMERICANS WITH DISABILITIES ACT

1993 CLINTON ENACTS DONT ASK DONT TELL

2000 (RLUIPA) IS PUT INTO EFFECT



History continued

THIS IS WHOLESOME
How bias are you?
Honestly, think about it.
VIEWS ON ALCOHOL?

POLITICAL VIEWS?

VIEWS ON BIAS
How have your views
changed since you were 18?
Now think how much you
will change over the next 4
years.
RACIAL BIAS

RELIGIOUS PERSECUTION

GENDER BIAS
The Big Three.
GENDER BIAS
What Is the Definition of
Gender Bias?

Gender Bias is defined as the unequal treatment in employment
opportunity and expectations due to attitudes based on the sex of
an employee or group of employees. It is further described as
prejudice or discrimination based on sex; or conditions or attitudes
that foster stereotypes of social roles based on sex.

WHAT SEX IS MORE LIKELY TO BE
DISCRIMINATED? WHY?
1700's
1701 The first sexually integrated jury hears cases in Albany, New
York.
1769 American colonies based their laws on the English common
law, which was summarized in the Blackstone Commentaries. It said,
By marriage, the husband and wife are one person in the law? The
very being and legal existence of the woman is suspended during
the marriage, or at least is incorporated into that of her husband
under whose wing and protection she performs everything.
1777 All states pass laws which take away womens right to vote.
1789 United States Constitution ratified. The terms persons,
people and electors are used, allowing the interpretation of
those beings to include men and women.

In the early 1800s, women were second-class citizens. Women were
expected to restrict their sphere of interest to the home and the family
Women were not encouraged to obtain a real education or pursue a
professional career.
After marriage, women did not have the right to own their own property,
keep their own wages, or sign a contract.
All women were denied the right to vote.


How different would America be if women were
never given the right to vote?
1800s
1839 The first state (Mississippi) grants women the right to hold property in
their own name, with their husbands permission.
1855 In Missouri v. Celia, a Slave, a Black woman is declared to be property
without a right to defend herself against a master's act of rape
1866 The 14th Amendment is passed by Congress (ratified by the states in
1868), saying Representatives shall be apportioned among the several
States according to their respective members, counting the whole number
of persons in each State, excluding Indians not taxed. . . .But when the right
to vote . . .is denied to any of the male inhabitants of such State . . . the basis
of representation therein shall be reduced in proportion. It is the first time
citizens and voters are defined as male in the Constitution.
1870 The 15th Amendment receives final ratification, saying, The right of
citizens of the United States to vote shall not be denied or abridged by the
United States or by any State on account of race, color, or previous
condition of servitude. By its text, women are not specifically excluded from
the vote.


1870 The first sexually integrated grand jury hears cases in Cheyenne,
Wyoming. The chief justice stops a motion to prohibit the integration of
the jury, stating: It seems to be eminently proper for women to sit upon
Grand Juries, which will give them the best possible opportunities to aid
in suppressing the dens of infamy which curse the country.
1873 Bradwell v. Illinois, 83 U.S. 130 (1872): The U.S. Supreme Court rules
that a state has the right to exclude a married woman (Myra Colby
Bradwell) from practicing law.
1875 Minor v Happersett, 88 U.S. 162 (1875): The U.S. Supreme Court
declares that despite the privileges and immunities clause, a state can
prohibit a woman from voting. The court declares women as persons,
but holds that they constitute a special category of _nonvoting_
citizens.
1879 Through special Congressional legislation, Belva Lockwood
becomes first woman admitted to try a case before the Supreme Court.
1890 The first state (Wyoming) grants women the right to vote in all
elections.

1908 Muller v State of Oregon, 208 U.S. 412 (1908): The U.S.
Supreme Court upholds Oregons 10-hour workday for women.
The win is a two-edged sword: the protective legislation implies
that women are physically weak.
1920 The Nineteenth Amendment to the U.S. Constitution is
ratified. It declares: The right of citizens of the United States to
vote shall not be denied or abridged by the United States or by
any State on account of sex.
1923 National Womans Party proposes Constitutional
amendment: Men and women shall have equal rights
throughout the United States and in every place subject to its
jurisdiction. Congress shall have power to enforce this article by
appropriate legislation.
1924 Radice v. New York, a New York state case, upholds a law
that forbade waitresses from working the night shift but made an
exception for entertainers and ladies' room attendants.1925
American Indian suffrage granted by act of Congress.

1937 The U.S. Supreme Court upholds Washington states minimum
wage laws for women.
1938 The Fair Labor Standards Act establishes minimum wage
without regard to sex.
1947 Fay v. New York, 332 U.S. 261 (1947), the U.S. Supreme Court
says women are equally qualified with men to serve on juries but are
granted an exemption and may serve or not as women choose.
1961 In Hoyt v. Florida, 368 U.S. 57 (1961): The U.S. Supreme Court
upholds rules adopted by the state of Florida that made it far less
likely for women than men to be called for jury service on the
grounds that a woman is still regarded as the center of home and
family life.
1963 The Equal Pay Act is passed by Congress, promising equitable
wages for the same work, regardless of the race, color, religion,
national origin or sex of the worker.
1964 Title VII of the Civil Rights Act passes including a prohibition
against employment discrimination on the basis of race, color,
religion, national origin, or sex.

1965 Weeks v. Southern Bell, 408 F. 2d. 228 (5th Cir. 1969), marks a major triumph in the
fight against restrictive labor laws and company regulations on the hours and
conditions of women's work, opening many previously male-only jobs to women.
In Griswold v Connecticut, 381 U.S. 479 (1965), the Supreme Court overturns one of the
last state laws prohibiting the prescription or use of contraceptives by married couples.
1968 Executive Order 11246 prohibits sex discrimination by government contractors and
requires affirmative action plans for hiring women.
1969 In Bowe v. Colgate-Palmolive Company, 416 F. 2d 711 (7th Cir.1969), the Seventh
Circuit Court of Appeals rules that women meeting the physical requirements can work
in many jobs that had been for men only.
California adopts the nations first no fault divorce law, allowing divorce by mutual
consent.
1981 The U.S. Supreme Court rules that excluding women from the draft is constitutional.
1984 The state of Mississippi belatedly ratifies the 19th Amendment, granting women
the vote.
1986 In Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), the U.S. Supreme Court held
that a hostile or abusive work environment can prove discrimination based on sex.
1987 Johnson v. Santa Clara County, 480 U.S. 616 (1987): The U.S. Supreme Court rules
that it is permissible to take sex and race into account in employment decisions even
where there is no proven history of discrimination but when evidence of a manifest
imbalance exists in the number of women or minorities holding the position in question.


After all this is said and done, Women
do you think you ladies have the
same equal opportunities as men?

The criminal justice field is
undoubtable a prime example of the
glass ceiling and just how detrimental
it can be to a woman.
Gender Discrimination in
The Military
Gender discrimination also exists in the military. Women are
making up a portion of the military today but they still do not
have a substantial majority of working population in this
profession, because these women do not want to commit with
the military because they are discriminated against and sexually
harassed once they do enlist into any of the branch`s regarding
military service.
Women often are not able to work the front lines with a male in
combat instead they are subjected to work military jobs behind
the scenes, such as desk work or a nurse in a medic station. They
are now taking the individual right of being able to work in a
particular field away. The military is slowly transitioning and now
allowing females to do any job they please to because they
have also noticed just like every other field that female
discrimination exist, that females are just as able and qualified as
men to do every sort of task

FACTS
1. In Sept. 2011, the United States lifted the Dont Ask, Dont Tell policy, which restricted gay, lesbian,
and bisexuals from openly serving in the military. For the first time in American history, people of every
sexual orientation could serve openly and proudly.
2. Under Dont Ask, Dont Tell between 1993 and 2011, over 14,000 military men and women were
discharged due to their sexual preference, each discharge cost the United States roughly more than
$50,000.
3. 1 in every 5 transgender person serves in the military, but because they are still prohibited from openly
serving, they remain in the closet.
4. Transgenders are not issued the same freedom gay, lesbian, and bisexual service-people are
because of discriminatory medical regulations that label them as mentally unstable.
5. In 2010, roughly 19,000 sexual assaults occurred in the military, and less than 14 percent of these were
reported by survivors.
6. MST (Military Sexual Trauma) is the leading cause of PTSD (Post-Traumatic Stress Disorder) in women,
while combat trauma is the leading cause for men.
7. Mental health issues like depression and stress that occur after sexual harassment make veterans
highly subject to substance abuse and unemployment.
8. Only 3 percent of white officers report racial discrimination in the military, compared to 27 percent of
both black and Hispanic officers.
9. 22 percent of whites, 19 percent of Hispanics, and 24 percent of blacks in the ranks report
experiencing racial discrimination within their current unit.
10. Blacks could serve in the military as early as the 18th century, but it wasnt until 1948 that the troops
were racially integrated.
11. Genetic discrimination is banned in most American workplaces, but the military is allowed to
discriminate based on congenital or hereditary conditions, to eliminate possible health care costs.


FACTS
1. In Sept. 2011, the United States lifted the Dont Ask, Dont Tell policy, which restricted gay, lesbian,
and bisexuals from openly serving in the military. For the first time in American history, people of every
sexual orientation could serve openly and proudly.
2. Under Dont Ask, Dont Tell between 1993 and 2011, over 14,000 military men and women were
discharged due to their sexual preference, each discharge cost the United States roughly more than
$50,000.
3. 1 in every 5 transgender person serves in the military, but because they are still prohibited from openly
serving, they remain in the closet.
4. Transgenders are not issued the same freedom gay, lesbian, and bisexual service-people are
because of discriminatory medical regulations that label them as mentally unstable.
5. In 2010, roughly 19,000 sexual assaults occurred in the military, and less than 14 percent of these were
reported by survivors.
6. MST (Military Sexual Trauma) is the leading cause of PTSD (Post-Traumatic Stress Disorder) in women,
while combat trauma is the leading cause for men.
7. Mental health issues like depression and stress that occur after sexual harassment make veterans
highly subject to substance abuse and unemployment.
8. Only 3 percent of white officers report racial discrimination in the military, compared to 27 percent of
both black and Hispanic officers.
9. 22 percent of whites, 19 percent of Hispanics, and 24 percent of blacks in the ranks report
experiencing racial discrimination within their current unit.
10. Blacks could serve in the military as early as the 18th century, but it wasnt until 1948 that the troops
were racially integrated.
11. Genetic discrimination is banned in most American workplaces, but the military is allowed to
discriminate based on congenital or hereditary conditions, to eliminate possible health care costs.
1994 ban has prevented women from serving in combat, despite
making up 14% of the military's 1.4 million active members
The US Military officially lifted a ban on female soldiers serving in
combat roles in 2012 and said that anyone qualified should get a
chance to fight on the front lines of war regardless of their sex.
Facts continued
How many combat positions are there in the military?

As in all militaries, U.S. combat troops are a relatively small
percentage of the overall force. The U.S. military has 1.4 million
men and women on active duty, and women are barred from
237,000 positions, according to the Pentagon. The Pentagon will
now be reviewing those positions, and many will be opened up to
women.

A large number of those combat positions are in infantry, which
means they are primarily in the Army, with a smaller number in the
Marines. By comparison, the Navy and the Air Force have fewer
combat positions that have been off-limits to women
ALL OF THE SERVICE BRANCHES ARE SUPPOSED TO COME UP WITH
PLANS BY MAY 15 FOR INTEGRATING WOMEN INTO COMBAT
POSITIONS AND FOR REQUESTING EXEMPTIONS, PENTAGON
OFFICIALS SAID.

THE SERVICES ARE MOST LIKELY TO REQUEST EXEMPTIONS IN ELITE
UNITS WHERE ONLY A SMALL PERCENTAGE OF MEN ARE ABLE TO
MEET THE DEMANDING STANDARDS, SUCH AS THE NAVY SEALS AND
THE ARMY'S RANGERS AND GREEN BERETS.

Will women still be barred from some units?
AT A BRIEFING THURSDAY MORNING, PENTAGON OFFICIALS REPEATEDLY
STRESSED THAT THERE WILL BE "GENDER-NEUTRAL STANDARDS" FOR COMBAT
POSITIONS. THIS COULD MAKE IT DIFFICULT FOR WOMEN TO QUALIFY IN
ROLES THAT SPECIFICALLY REQUIRE UPPER-BODY STRENGTH.

FOR EXAMPLE, TO WORK IN A TANK, WOMEN WILL HAVE TO DEMONSTRATE
THE ABILITY TO REPEATEDLY LOAD 55-POUND TANK SHELLS, JUST AS MEN ARE
REQUIRED TO DO

INFANTRY TROOPS ROUTINELY CARRY BACKPACKS WITH 60 OR 70 POUNDS
OF GEAR, OR EVEN MORE. THE MOST COMMON INJURY IN AFGHANISTAN IS
CAUSED BY ROADSIDE BOMBS. THIS RAISES THE QUESTION OF WHETHER A
FEMALE COMBAT SOLDIER WOULD BE ABLE TO CARRY A 200-POUND MALE
COLLEAGUE WHO HAS BEEN WOUNDED
Will the standards be different for men and women?
Team
Lioness?
The women didn't just see combat, they
engaged in it

The military may not permit women in combat, but necessity
trumped policy almost from the beginning of the war in Iraq.
In 2003, a random group of 25 women Marines and Soldiers
Team Lionesswas formed from a variety of military
occupational specialties (MOS) and sent with infantry units on
search missions and raids.

Team Lioness
We shouldnt distinguish
people based on
gender there should be
no women's rights and
men's rights. Just
Individual Rights for all.
Transition into the courts
and post conviction



DO YOU THINK EX-CONS ARE TREATED
BIASED?

WHY? WOULD YOU HIRE AN EX-CON

It is hardly surprising that companies hesitate to hire ex-convicts. No nursery
wants to employ a pedophile, and no company wants to put a thief in
charge of petty cash or a killer on the reception desk. Yet society is worse off
if ex-convicts cannot find work. Those without jobs are less likely to pay
compensation to their victims and more likely to reoffend.
What if there were no such thing as a criminal background check?
Then again, most ex cons are hard workers because they once again have
to prove themselves to society that they did their time and should no longer
be judged upon that. Would you agree or not?

(Bellevue Hospital)
POST INCARCERATION EMPLOYMENT
STATS
According to the U.S. Bureau of
Justice Statistics (BJS), each year
more than 650,000 men and women
are released from federal and state
prisons and return to their
communities and families.
It is estimated that unemployment rates
among ex-prisoners are between 25-40%.
Experts agree that these high
unemployment rates are a key factor in
recidivism; the one-year post-release
recidivism rate is 44%
On the one hand, you might feel
that these ex-convicts have paid
their debt to society and arguably
deserve a second chance.
However, you also realize that you
have a responsibility to protect
your business, your other
employees, and your customers,
and that you could be held liable
for negligent hiring if things go
down hill.
(between a rock and a lawsuit)
THINGS TO CONSIDER
1.Do your state or local laws
prevent the consideration of
certain convictions?
2.Do industry regulations restrict
employing ex-offenders who have
committed certain crimes?
3.How relevant is the conviction to
the job?
4.How long ago did the conviction
occur?

5.What rehabilitation has the
applicant been through, if any?
6.What is your company policy
and/or past practice?
7.What does your liability insurance
policy say about hiring people with
criminal backgrounds? How are you
bonded?
PROS TO HIRING EX-CONS
Work Opportunity Tax Credit
(WOTC): Gives an immediate
contribution to an employer's
"bottom line" by providing eligible
employers with a federal tax credit
for hiring an ex-offender.
Job Training Partnership Act: Can
reimburse some training wages;
offers additional services that vary
by state.
Prisoner Reentry Initiative (PRI):
Awards grants to employment-
centered organizations that
provide mentoring, job training,
and other transitional services for
ex-offenders.



In addition, some states offer a free
service that provides individual
fidelity bonds to employers for job
applicants with a conviction
record.
IN A TYPICAL CASE OF GENDER BIAS, ONE OR MORE MEMBERS
OF THE COURTROOM TEAM WILL HAVE PRECONCEIVED
NOTIONS OF THE TRADITIONAL ROLES OF MALES AND FEMALES.
THIS GENERALIZATION CAN INCLUDE NOT ONLY THE IDEAS HELD
ABOUT THE DEFENDANT, BUT ALSO THE ATTORNEYS, THE
JUDGE, AND EVEN MEMBERS OF THE JURY.

DO YOU THINK THERE IS GENDER BIAS IN
TODAYS COURTROOMS?

WHY?
Examples of present day
bias and how our judicial
system has responded.
THE START OF CHAOS
brutality
Cause
justice?
Effect
RODNEY KING BEATING AND
TRIAL
BIAS??
THE RIDE
OJ
OJ SIMPSON MURDER TRIAL
BIAS??
RECKLESS
hogan
FAIR
SENTENCE
OR BIAS??
HMMM
trayvon martin
GEORGE ZIMMERMAN AND TRAYVON
MARTIN TRIALBIAS??
BABY KILLER OR BIAS??
ARE VAGRANCY LAWS
BIAS??
OTHER CASESBIAS??
Lizzie Borden took an axe(you know the rest)
Don Kingkilled 2 people
William S. Burroughsplayed William Tell with
his wife
Oscar Grantkilled by Officer Johannes
Mehserle (Fruitvalle Station)
Paris Hilton.8 grams of coke in Vegas
James V. Taylorunweighable crack.15 yrs
Latasha Harlinsshot by Korean grocery clerk
ATHLETE BIAS
Jason Kidd: DWI crashed into a telephone pole. 1 yr.
probation
Gilbert Arenas: Gun in locker room. 30 days halfway
house, 400 hours community service, and $5,000 fine.
Plaxico Burress: Gun in club in NY. 2 yrs in prisonwhy?
Ray Lewis murder trial. Innocent
Ben Roethlisberger: Sexual assault. Innocent
Leornard Little: intoxication manslaughter 3 months
Donte Stallworth: DUI manslaughter. 30 days jail, 2 yrs.
House arrest
Nate Burleson: Pizza
MARTHA
MARTHA
MARTHABIAS
??
AFFLUENZA OR BIAS??
Ethan Couch
Drove drunk and killed four people.
10 yrs. probation
WAR ON DRUGSJUSTIFIED
OR BIAS??
COST OF WAR ON DRUGS OVER FOUR
DECADES: 1 TRILLION
National Debt: 16 Trillion
WHAT DIRECTION IS OUR COUNTRY
HEADED?

IS AMERICA STILL THE GREATEST COUNTRY
IN THE WORLD?

IS AMERICA STILL THE LAND OF
OPPORTUNITY?
Why was our nation
founded?
IS OUR HISTORY OF BIAS A GENERATIONAL
PROBLEM (WILL IT CHANGE AS OUR
GENERATION INHERITS POWER?)

HOW DO SUGGEST WE COMBAT
PERSECUTION OF INDIVIDUALS IN THE
FUTURE? (KEEP IN MIND MORALS AND
SOCIAL NORMS CHANGE OVER TIME.
(ACCEPTANCE OF GAY AND INTERRACIAL
RELATIONSHIPS)
Moving forward

ALSO NEVER FORGET WE LIVE IN A
DIGITALIZED AGE WHERE EVERYTHING IS
RECORDED IN SOME WAY, SHAPE, OR
FORM.


Keep in mind the field of
study that we are in and
how harsh discrimination is
viewed.
WE HAVE ALL BEEN ACCEPTED AT SOME
JUNCTURE IN OUR LIFE TIME BY SOMEONE
OF DIFFERENT CULTURE, RACE, RELIGION,
OR CREED.

WHY NOT ACCEPT THEM BACK?
Pay it forward.
AND DONT BE A HATER.
Thank you!