Race, Crime, and The Criminal Justice System: The Impact Of Racial Classification On Pretrial Hearings Decisions

• In Event: Area XII. Diversity and Inclusion - courts

Abstract

In this study, we compare racial data obtained through the self-identification of 470 individuals awaiting pretrial hearings in Belo Horizonte, Brazil, with racial data recorded in police documents within case files, as well as details of judicial decisions following these hearings. This allows us to examine whether the police’s assignment of certain racial categories encourages or discourages criminalization for specific offenses. Additional racial categories mobilized by detained individuals enable us to explore the racialization of incarcerated persons beyond official classifications.
Our findings highlight how police racial identification impacts how individuals are perceived during pretrial hearings and how such identification influences the likelihood of pretrial detention. Furthermore, we assess the extent to which racial data derived from self-identification provides a more precise measure of how individuals perceive themselves, even when discrepancies exist between self-identification and the racial or color categories used in official documents. In this regard, our results also emphasize the invisibility of the “voice” of those undergoing pretrial hearings, even in matters related to their racial identity. Thus, we question the need to demystify the supposed neutrality in how racial information is produced and incorporated into the criminal justice system.

Authors

• Daniely Roberta Reis Fleury, Federal University of Minas Gerais, Brazil

• Ludmila Ribeiro, Federal University of Minas Gerais, Brazil