The ABA is committed to eliminating racial and ethnic bias in the justice system by reforming laws and policies that have had a disproportionate and catastrophic impact on Black, Indigenous, and People of Color. Laws or policies that appear neutral on their face can nevertheless be implemented systematically in a disparate way, whether based on race, ethnicity, age, disability, or even sexual orientation.
Based on work by the ABA under grants from the Department of Justice, points in the criminal justice system that are at higher risk of bias include, but are not limited to, the treatment of youth; arrest; use of force; charging decisions; pre-trial detention and cash bail determinations; incarceration for the nonpayment of court fees and fines; sentencing; probation violation determinations; and in the imposition of collateral sanctions for convictions.
Following the death of George Floyd while in police custody in June 2020, both chambers of Congress examined more deeply the training and limitations of law enforcement in responding to the range of calls for help they receive, as well as bias in the use of lethal force.