Bias in the justice and legal systems: Cumulative disadvantage as a framework for understanding.

Abstract

Bias is a pervasive aspect of human thought and behavior that influences how we perceive, interpret, and respond to the world around us. Although built on assumptions of fairness and equality, the justice and legal systems are not exempt from individual and structural biases, which contribute to differential outcomes and disproportionately affect individuals who are marginalized based on race, gender, socioeconomic status, education, and other factors. The special issue showcases innovative science and clinical perspectives on bias in the justice and legal systems, including its underlying mechanisms, consequences, and potential interventions. We offer a framework centered on cumulative disadvantage to conceptualize how biases can accrue and compound across different stages of the justice and legal systems. The articles examine issues involving multiple actors (e.g., police, suspects, attorneys, defendants, psychologists, probation officers, jurors, judges) engaged in various processes (e.g., stops, frisks, searches, interrogation, risk assessment, evidence review, decision-making) at different stages in the justice and legal systems (e.g., initial contact, investigation, forensic evaluation, trial, post-conviction). Much like research in other domains, the special issue articles reveal that bias in the justice and legal systems is prevalent, pernicious, and difficult to attenuate. Rigorous, transparent science and evidence-based practices targeting bias at early stages in the justice and legal systems before disadvantage accumulates are sorely needed and should inform future intervention efforts. (PsycInfo Database Record (c) 2025 APA, all rights reserved).