Tess Weber

Pd. 6 Intern Mentor

Week of October 18th, 2016
Discrimination within the Judicial System and Its Various Forms

Research Question:
In what ways is the judicial system biased towards the wealthy in the way court
proceedings are handled?

Hypothesis:
The less favored trait holders will receive harsher punishment than those of the more
favorable trait holders for similar criminal charges.

Background of Judicial Discrimination:

One of the higher profile issues within society today is the topic of things such as police
brutality and the unfairness of the judiciary system. Trial cases are often brought to light where a
white, affluent person gets off with a warning and a small fine for a serious offense, when their
counterpart, someone of low economic standing, gets serious punishment and jail time. Cases
such as these are not unique, and happen all too often in todays society. We often see affluent,
men being given pass after pass for offensive, lewd, and criminal behavior, while those
considered poor are often charged much too harshly for offenses that would usually be deemed
as a minor offense. Posting bail is based a lot on how judges may feel a certain day, how they
view the person in front of them, and a whole slew of other things. Bail is a tricky thing to deal

with and often becomes a source of worry in the court system as it leaves many in jail for petty
crimes.

Rationale:
The topic of discrimination is one of hot discussion throughout all of history, however it
is especially relevant in light of recent events, as well as the upcoming election. Monetary based
discrimination is something that is harder to pin down, but the way bail is set, posted, and
evaluated, as well as the cost of having a lawyer, means that the wealthy end up with a better
case in the court room as they have more resources at their disposal.

Operational Definitions:
Less favored traits tend to be those used to discriminate against a particular group, i.e.
those living below the poverty line or in low middle class families. Favored trait holders are
people in the upper middle class to upper class. The main thing that separates the two groups is
income.

Descriptors Used for Research:

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Monetary Discrimination
Bail and its many facets