Many women and minorities find themselves unable to evade pervasive bias in our justice system.
A bill concerning equal justice for women and minorities in the courts was recently passed by the California Legislature’s Judiciary Committee with a unanimous vote. This vote is more than a step forward — it’s also a lifeline for countless individuals who have experienced the harsh realities of gender and minority bias within our courts.
While those with the means to hire private attorneys can keep their legal matters confidential and out of the court system, others who have no ability to hire or speak to attorneys are left to plead guilty due to their fear of the potential outcomes of the case. This creates a two-tiered system of justice, where those with resources can avoid the stigma and consequences of a criminal record, while those without money will bear the full brunt of injustice.
SB 1356 expands the scope of existing judicial training programs to broadly address gender bias. The bill will also require training to understand gender-based discrimination in many areas of the work and lives of women.
In addition, SB 1356 will expand judicial training programs to include assurance of a judge’s understanding of how power and gender dynamics have impacted women and minorities. Training of judges in the proposed law would address implicit and explicit bias, discrimination and stereotyping of women in court decisions, as well as how judges can recognize and be sensitive to issues facing women and minorities in vulnerable situations.
A 2023 UCLA report found that lengthy sentences for women function, in part, as punishment in the criminal justice system rather than rehabilitation. The report also found that women in the criminal legal system had often survived multiple forms of racialized, gendered and sexualized violence directly and indirectly tied to the charges that they faced.
California has the highest rate of women sentenced to life in prison. Twenty-five percent of people incarcerated for life are women. Blacks and Latinos bear a disproportionate burden in the criminal justice system, comprising 66% of the county jail population and 74% of the prison population, while representing only 47% of the state’s population.
Judges are the best and final defense of a system that is inherently skewed. They have immense power and ability to shape the outcome of a case to assure that justice prevails over prejudice and to recognize the unique vulnerabilities faced by marginalized communities and women.
To assure impartiality in judicial decision making, judges should receive training to understand gender sensitivities and differences in court proceedings, including the elimination of stereotypes about women, assessing inequities in power and understanding the needs and remedies for groups of people in unique situations of vulnerability.
Existing law only requires the Judicial Council of California to develop training programs about domestic violence and the impact of domestic violence on children by the perpetrators of violence.
In order to have confidence in the California justice system, it is crucial that judges make decisions that are impartial, fair and not discriminatory against women or minorities. It is essential that our justice system must always result in equal treatment under the law.
The Silicon Valley Ethics Roundtable, a group of distinguished members of the Santa Clara County community, have worked for many years to assure ethical decision-making in the community. The group has unanimously supported SB 1356, legislation written by the president of the Ethics Roundtable and introduced in the Legislature by state Sen. Aisha Wahab, a member of the Legislature’s Women’s Caucus. Wahab’s work in the Legislature has evidenced strong support for civil and human rights.
The Ethics Roundtable views judicial impartiality and comprehension of inequities in our society by judges to be a significant ethical issue, and the California Judicial Council is positive about the bill and the additions to the training for judges.
Ann Ravel is president of the Silicon Valley Ethics Roundtable and a former appointee to the California Judicial Council. Ravel is also a former chair of the Federal Election Commission, former Santa Clara County counsel and former chair of the Fair Political Practices Commission in California.
