All posts by Lawrence Christopher Skufca, J.D.

My name is Lawrence Christopher Skufca. I am a civil rights activist and community organizer in the Camden, New Jersey area. I hold a Juris Doctor from Rutgers School of Law; a B.A. in Political Science from Furman University; and an A.A. in the Social Sciences from Tri-County Technical College.

How Can We Fix Unconscious Racism?

Racial prejudice has its roots in children’s natural drive to carve the world up into categories. Can research do anything to fix this?

 

 

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It’s easy to categorise people based on skin colour, because it’s such a salient visual feature. But how can we tackle racial bias? Photograph: Alamy

On the whole, stereotypes are often right – dogs do normally bark and wag their tails. The difficulty arises when this learning mechanism is applied to groups of people. Race is an easy mental category to fit people into because skin colour is a salient visual feature.

Babies are not born believing that any group is better than another but they do attend to race surprisingly early. From about 9-months, babies show a general preference for what is familiar: they are quicker to recognise faces and facial expressions of their own race than of other races.

If we don’t have the opportunity to interact with individuals of a different race then the information we have to inform a racial category has to come from other sources such as the media or people’s opinions. As these can be biased in positive or negative ways, the stereotypes we form can also be biased and inaccurate. Depending how insistent and consistent these secondary sources are, they might even overwhelm our own personal experience.

This effect is compounded by some other low-level, unconscious biases. There is a strong tendency to favour our own group over other groups. It doesn’t really matter how the group is specified: children remember more positive things about members of their in-group and more negative things about members of the out-group, even if group membership is specified by something as superficial and transient as t-shirt colour.

 

We (as a species) also have a tendency to think of members of the out-group as being all much the same while members of our in-group are all unique snowflakes. This enables us to create coherent categories and make predictions but can also lead to vastly inaccurate and damaging sweeping generalizations.

Young children are particularly sensitive to the use of generics in language to learn about the world as quickly as possible. If you say ‘birds have wings’ they will generalise this information to all expectations of birds in a way that they won’t if you say ‘this bird has wings’. Of course, the same is then true if they hear phrases like ‘Arabs are violent.’

Insidious Racism

So, it is an embarrassing and oft repeated finding that while the majority of people in Western countries these days are egalitarian believers in a fair meritocracy, on tests of unconscious racial bias about 70% show a preference for their own race. The classic test is the Implicit Association Test, which measures how quickly you are able to categorize photos of members of your own race with positive characteristics (wonderful, glorious) and members of a minority race with negative characteristics (horrible, nasty).

This conflict between people’s dearly held explicit beliefs and their nasty little unconscious racial biases is troubling and has real-world consequences. For example, presented with identical, moderately good resumes attached to a picture of a white or black candidate, interviewers are significantly more likely to shortlist the white candidate for interview. This study was originally conducted in 1989 but the results were exactly the same when it was repeated in 2005.

The Roots of Racism

Explicit (conscious) racial biases start at about 5-years of age but, where they are not supported, tend to peter out from about 10-12 years. This is likely because children become more aware of principles of fairness and social justice that shape how they believe people should be treated. (If racial stereotypes are supported by the people around them then all bets are off. On the whole, garbage in, garbage out.)

Implicit (unconscious) racial biases, however, can develop as young as 3 years of age. Once established in the preschool years they are surprisingly resilient to change. While explicit racial prejudice drops off in most children, implicit racial biases usually remain consistent through to adulthood.

Changing Unconscious Racism

I was particularly taken then with a paper in this month’s Developmental Science, which shows that a very simple intervention can disrupt young children’s unconscious racial biases. Xaio and colleagues at Zheijiang Normal University in China repeated a common measure of implicit racial bias: the ‘angry=outgroup’ test. Here photos of faces were morphed so that it was ambiguous whether they were Chinese or African. Each face was presented twice, once looking angry and once looking happy, and respondents asked to decide what race the face was.

As in previous tests, Chinese adults and children tended to say that the happy faces were Chinese and the angry faces were African. This is the same pattern as for white American children and adults who tend to say that happy faces are white and angry faces are black.

The researchers then introduced a very quick intervention. Four, 5- and 6-year-olds were asked to discriminate between 5 African faces and had to remember what number went with each face before they could proceed to the next step. This task forced children to focus on the individual differences between the faces.

When the angry=outgroup test was repeated, the bias had disappeared. Children were just as likely to say that the angry faces were Chinese as African. This simple intervention seems to have disrupted what was previously considered a very deep rooted and difficult to change bias.

The study raises a lot more questions than it answers. Why does it work? How long do the effects last for? How do changes in implicit biases interact with explicit beliefs and behaviour?

But I like it for two reasons. First, it gets to the root of the issue of racist generalisations by tinkering with simple perceptual categorization. If racial prejudice is just a value judgment laid on top of unconscious perceptual and grouping biases then this seems a sensible level to work at.

I also like its simplicity. Very similar effects have been shown with adults but used hundreds of repetitions during the intervention stage. Xiao’s intervention took no more than 15 minutes yet had significant short-term effects. Such a procedure could easily be adapted to a game or an app that, played regularly, might support longer-term change.

Being aware of implicit racial prejudice is important. We need to know it’s there to guard against it influencing our behaviour and we need to shape society to minimise its effects. For instance, racial information is now excluded from job applications and kept confidential so as not to influence decisions at the shortlisting stage.

But tackling implicit racial bias is important too. Vigilance can only take us so far when battling against unconscious demons. Would you like to see how you fare on the Implicit Association Test? Have a go here but don’t despair if, like 70% of the population, you show an unwanted preference for your own race. Being aware of these biases can make a difference and help may be just around the corner.

 

Cooper Hospital

Listing Cooper’s Board Deals Companies Associated With The Hospital’s Trustees Have Gotten Some Of Its Largest Contracts

By Maureen Graham and Frederick Cusick (Philadelphia Inquirer)

Cooper Hospital Releases Report Citing $18.8 Million In Fraud

by Frederick Cusick and Maureen Graham (Philadelphia Inquirer)

Business Owner Pleads: Thomas J. Damadio Said He Helped Cooper Hospital Executives Launder Stolen Money

By Larry Lewis (Philadelphia Inquirer)

Cooper Hospital Fined in Medicare Fraud Case

By Roslyn Rudolph (Philadelphia Enquirer)

Cooper Health System Pays $12.6 Million To Resolve False Claims Lawsuit Over Kickbacks Paid To Referring Physicians

PR Newswire

The Troubles at Cooper Continue, Part 1: Historical Background

by Roy M. Poses, M.D. (Health Care Renewal)

The Troubles at Cooper Continue, Part 2: Since 2005

by Roy M. Poses, M.D. (Health Care Renewal)

Powerful Medicine: How George Norcross Used His political Muscle to Pump Up Once-Ailing Cooper Hospital

by James Osborne and Craig R. McCoy (Philadelphia Inquirer)

Christie’s Chief of Staff Headed to Cooper Hospital Job

by Maddie Hanna and Andrew Seidman (Philadelphia Inquirer)

Christie Signs Bill Giving EMS contract to Hospital Chaired by Power Broker Norcross

By Susan K. Livio (NJ Advance Media for NJ.com)

N.J., Christie Sued Over Law that Allows Just Three Paramedic Providers Statewide

by Jared Shelly (Philadelphia Magazine)

Cruel and Unusual Punishment

This video short from Test Tube News provides a general overview of the Eighth Amendment’s guarantee against cruel and unusual punishment. The video summarizes the “evolving standards of decency” test used by the court, providing relevant examples and court rulings.

Discrimination Against “Discrete and Insular Minorities”

This episode of Crash Course in Government and Politics provides a general overview of the Fourteenth Amendment’s protection of “discrete and insular minorities.” Discussed is the historical instances of discrimination against Asian, European, and Latino immigrants, Native Americans, non-English speakers, people with disabilities, and LGBT people. Also discussed are federal and state responses to this discrimination and some brief historical context for the legal protection of vulnerable groups.

Employment Discrimination

This episode of Crash Course in Government and Politics provides a general overview of discrimination in the workplace. The video focuses on gender discrimination and sexual harassment claims, which are handled somewhat differently by the courts than racial or religious discrimination. In gender discrimination claims the court applies an intermediate level of scrutiny which is summarized in the video. Also discussed are disparate impact claims and how these cases are handled by the courts. Employment protections are guaranteed by federal statute, rather than the Constitution, therefore, apply in both, the private and public sectors.

Produced in collaboration with PBS Digital Studios: http://youtube.com/pbsdigitalstudios

Equal Protection Under the Law

This episode of Crash Course in Government and Politics provides a general overview of the Fourteenth Amendment’s equal protection clause. Discussed is the concept that the law should be applied equally to everyone and what this means in terms of our civil rights. As opposed to civil liberties, or our protections from the government, civil rights differ in that they involve how some groups or individuals are permitted to treat other groups or individuals (usually minorities) under existing laws. The video explains the process the Supreme Court follows in racial, ethnic and religious discrimination cases, known as “strict scrutiny,” and examines one landmark case, Brown v Board of Education, and its role in kick-starting the Civil Rights Movement of the 1960s.

Right to Procedural Due Process of Law

This episode of Crash Course in Government and Politics provides a general overview of the Fifth and Sixth Amendment’s guarantees of procedural due process to ensure a fair trial. Discussed are Miranda rights, such as, the right against self-incrimination (pleading the “fifth”) and the right to an attorney. Also discussed is the Sixth Amendment guarantee of a jury of your peers and the protection against being tried for the same crime twice (double jeopardy).

Produced in collaboration with PBS Digital Studios: http://youtube.com/pbsdigitalstudios

Search and Seizure

This episode of Crash Course in Government and Politics provides a general overview of the Fourth Amendment right against unreasonable search and seizures. The police generally need to secure a warrant issued by a judge based on proof of probable cause to search your home, but this isn’t always the case – exceptions exist for exigent circumstances, such as if there is a reasonable concern that there is a crime in progress or that evidence is in danger of being destroyed.  Also discussed are the vehicle exception to a warrant and the limited protections enjoyed by  students.

Produced in collaboration with PBS Digital Studios: http://youtube.com/pbsdigitalstudios

The Right to Bear Arms

THE SECOND AMENDMENT

By Nelson Lund and Adam Winkler

Modern debates about the Second Amendment have focused on whether it protects a private right of individuals to keep and bear arms, or a right that can be exercised only through militia organizations like the National Guard. This question, however, was not even raised until long after the Bill of Rights was adopted.

Many in the Founding generation believed that governments are prone to use soldiers to oppress the people. English history suggested that this risk could be controlled by permitting the government to raise armies (consisting of full-time paid troops) only when needed to fight foreign adversaries. For other purposes, such as responding to sudden invasions or other emergencies, the government could rely on a militia that consisted of ordinary civilians who supplied their own weapons and received some part-time, unpaid military training.

The onset of war does not always allow time to raise and train an army, and the Revolutionary War showed that militia forces could not be relied on for national defense. The Constitutional Convention therefore decided that the federal government should have almost unfettered authority to establish peacetime standing armies and to regulate the militia.

This massive shift of power from the states to the federal government generated one of the chief objections to the proposed Constitution. Anti-Federalists argued that the proposed Constitution would take from the states their principal means of defense against federal usurpation. The Federalists responded that fears of federal oppression were overblown, in part because the American people were armed and would be almost impossible to subdue through military force.

Implicit in the debate between Federalists and Anti-Federalists were two shared assumptions. First, that the proposed new Constitution gave the federal government almost total legal authority over the army and militia. Second, that the federal government should not have any authority at all to disarm the citizenry. They disagreed only about whether an armed populace could adequately deter federal oppression.

The Second Amendment conceded nothing to the Anti-Federalists’ desire to sharply curtail the military power of the federal government, which would have required substantial changes in the original Constitution. Yet the Amendment was easily accepted because of widespread agreement that the federal government should not have the power to infringe the right of the people to keep and bear arms, any more than it should have the power to abridge the freedom of speech or prohibit the free exercise of religion.

Much has changed since 1791. The traditional militia fell into desuetude, and state-based militia organizations were eventually incorporated into the federal military structure. The nation’s military establishment has become enormously more powerful than eighteenth century armies. We still hear political rhetoric about federal tyranny, but most Americans do not fear the nation’s armed forces and virtually no one thinks that an armed populace could defeat those forces in battle. Furthermore, eighteenth century civilians routinely kept at home the very same weapons they would need if called to serve in the militia, while modern soldiers are equipped with weapons that differ significantly from those generally thought appropriate for civilian uses. Civilians no longer expect to use their household weapons for militia duty, although they still keep and bear arms to defend against common criminals (as well as for hunting and other forms of recreation).

The law has also changed. While states in the Founding era regulated guns—blacks were often prohibited from possessing firearms and militia weapons were frequently registered on government rolls—gun laws today are more extensive and controversial. Another important legal development was the adoption of the Fourteenth Amendment. The Second Amendment originally applied only to the federal government, leaving the states to regulate weapons as they saw fit. Although there is substantial evidence that the Privileges or Immunities Clause of the Fourteenth Amendment was meant to protect the right of individuals to keep and bear arms from infringement by the states, the Supreme Court rejected this interpretation in United States v. Cruikshank (1876).

Until recently, the judiciary treated the Second Amendment almost as a dead letter. In District of Columbia v. Heller (2008), however, the Supreme Court invalidated a federal law that forbade nearly all civilians from possessing handguns in the nation’s capital. A 5–4 majority ruled that the language and history of the Second Amendment showed that it protects a private right of individuals to have arms for their own defense, not a right of the states to maintain a militia.

The dissenters disagreed. They concluded that the Second Amendment protects a nominally individual right, though one that protects only “the right of the people of each of the several States to maintain a well-regulated militia.” They also argued that even if the Second Amendment did protect an individual right to have arms for self-defense, it should be interpreted to allow the government to ban handguns in high-crime urban areas.

Two years later, in McDonald v. City of Chicago (2010), the Court struck down a similar handgun ban at the state level, again by a 5–4 vote. Four Justices relied on judicial precedents under the Fourteenth Amendment’s Due Process Clause. Justice Thomas rejected those precedents in favor of reliance on the Privileges or Immunities Clause, but all five members of the majority concluded that the Fourteenth Amendment protects against state infringement the same individual right that is protected from federal infringement by the Second Amendment.

Notwithstanding the lengthy opinions in Heller and McDonald, they technically ruled only that government may not ban the possession of handguns by civilians in their homes. Heller tentatively suggested a list of “presumptively lawful” regulations, including bans on the possession of firearms by felons and the mentally ill, bans on carrying firearms in “sensitive places” such as schools and government buildings, laws restricting the commercial sale of arms, bans on the concealed carry of firearms, and bans on weapons “not typically possessed by law-abiding citizens for lawful purposes.” Many issues remain open, and the lower courts have disagreed with one another about some of them, including important questions involving restrictions on carrying weapons in public.

Freedom of the Press

This episode of Crash Course in Government and Politics provides a general overview of the First Amendment’s freedom of the press. Like an individual’s right to free speech, the press has a right, and arguably an ethical responsibility, to tell the public what the government is doing. But there are some complications in doing so, such as if that information will compromise national security or wrongfully discredit an individual. When considering Edward Snowden’s NSA disclosures or Julian Assange’s Wikileaks, it’s just as important as ever to understand the role of the press in informing the public as well as our role as citizens in staying informed.

Produced in collaboration with PBS Digital Studios: http://youtube.com/pbsdigitalstudios