A review of cultural and ethnic bias in investigative decision-making: selected cases

Abstract

When making decisions, police, like all people, fall prey to negative stereotypes. Police must regularly make decisions about threats, so the stakes are higher than the typical decision-making process. This review looked at the threat and violence risk assessment processes through a new lens, exploring the relationship between (un)reasonable suspicion based on behaviors with an overreliance on perceived prejudicial stereotypes. The paper outlines seven cases exemplifying inaccurate assessment of threats based on two UK criminal justice policies, (i) stop and search; (ii) and the CONTEST strategy. The case analysis review suggests that assessments are based on unstructured judgments and profiling grounded in cultural, religious and racial stereotypes.

Keywords:

• Cultural bias
• decision-making
• ethnic bias
• prejudicial stereotypes
• snap threat and violence risk assessment

Disclosure statement

We have no known conflict of interest to disclose.

Public interest statement

Prejudicial stereotypes are manifested in the form of perceived negative attributes concerning outgroups that can be triggered automatically upon encountering someone from an out-group community. Whether socially shared, culturally learned or personally evaluated such stereotypes influence investigative decision-making. Using the seven cases, this paper has sought to examine the source of prejudicial stereotypes in investigative decision-making to disentangle reasonable suspicion and overzealous responses.

Additional information

Notes on contributors

Rashid Minhas

Rashid Minhas is a distinguished criminologist and esteemed academic who has dedicated his career to the study of policing, prejudicial stereotyping in criminal investigations, investigative decision-making, and police interviewing practices. He is currently affiliated with the University of West London’s School of Human and Social Sciences. With a strong educational background, Rashid earned his PhD in Criminal Justice and Social Psychology, demonstrating his commitment to exploring the complex intersections between criminology, psychology and the criminal justice system. Rashid’s work has been widely published in reputable academic journals, earning him recognition and respect within the scholarly community. Rashid’s insightful publications shed light on critical issues surrounding criminal justice, offering practical insights and recommendations to improve investigative processes and ensure fairness in the criminal justice system.

Lara A. Frumkin

Lara A. Frumkin is Senior Lecturer in the School of Psychology and Counselling at The Open University. Her research is around applying psychological principles to law enforcement and security services. She has a particular interest in how some groups are disproportionately affected by criminal justice decisions. Lara’s research has been funded by the Home Office and the Engineering and Physical Sciences Research Council. Previously Lara has worked in policy and for the United States Government.