Access to Justice via Parole: Exploring Ethnoracial Bias in Parole Hearings

This research examines access to justice (AtoJ) through the lens of parole decisions, which is a pivotal stage in the criminal justice system, particularly in jurisdictions where post-release access to rehabilitation programs and other services are only available to parolees. The study analyzes 2,361 parole cases in Israel and explores the factors contributing to disparities in parole outcomes, with particular attention to way that biases interact with individual-level and procedural factors. The results reveal a significantly lower odds of parole for the minority group, but only after accounting for a range of other factors. Furthermore, the odds of early release among the minority inmates varied more according to individual-level characteristics like prior incarcerations and offense type, while parole decisions for majority group members were influenced more by procedural-level factors like the timing of the discussion and procedural delays. This suggests that judges’ decisions about minority inmates is more influenced by ethnic bias, while decisions about majority member inmates is more influenced by familiarity bias. By examining these dynamics, the study provides valuable insights into how personal and procedural factors intersect with biases in shaping parole decisions. The findings emphasize the importance of recognizing biases for promoting fairness in the parole process and ensuring equal access to justice.