“I’ve seen injustice”: Challenging colorblindness in prosecution

Abstract

Although substantial research has demonstrated that racial inequality persists across multiple spheres of daily life, many Americans, including prosecutors, deny or minimize the relevance of race. This environment, however, is shifting post George Floyd’s murder and as greater numbers of progressive prosecutors have taken office across the country. Using in-depth interviews with prosecutors (N = 107) in six offices, we examine how prosecutors conceptualize racial disparities in the justice system, as well as their own role in combating racial inequality. We find that a subset of prosecutors—those with 5 years of experience or less, those who had worked in defense, and those who identified as Democrats—were statistically more likely to hold views consistent with color-consciousness. Furthermore, prosecutors working in two particular jurisdictions—one traditional and one progressive—were statistically more likely than prosecutors in other jurisdictions to articulate color-conscious perspectives. These results have practical implications for criminal justice reform efforts, including the progressive prosecution movement. More broadly, our study speaks to how to effect changes to deeply entrenched norms and patterns of practice within the legal community.