Racial Bias and In-Group Bias in Virtual Reality Courtrooms

Abstract

We shot videos of criminal trials using 3D Virtual Reality (VR) technology, prosecuted by actual prosecutors and defended by actual defense attorneys in an actual courtroom. This is the first paper that utilizes VR technology in a non-computer animated setting, which enables us to replace white defendants with individuals who have Middle Eastern or North African descent in a real-life environment. We alter only the race of the defendants in these trials, holding all activity in the courtroom constant, creating arguably perfect counterfactuals (http://proficient.ninja/splitscreen/). Master's level Economics and Law students, and undergraduate economics students are randomly assigned to watch, with VR headsets, the trials that differed only in defendants' race. Background information obtained from these evaluators allowed us to identify their cultural heritage. Evaluators made decisions on guilt/innocence as well as prison sentence and fine in accordance with the guidelines provided by the relevant law. By design, the race of the defendant is uncorrelated with the characteristics of both the prosecutors and the defense attorneys, as well as with any activity in the courtroom. Defendant race is also uncorrelated with evaluator attributes. We find that both white and minority evaluators are harsher towards minority defendants during the conviction decision. In the sentencing phase defendants receive favorable treatment from evaluators of their own race. This pattern of behavior leads to significant bias against minorities at all stages: conviction, prison sentence, and fine, which is partly the reflection of the fact that the numerical majority of the evaluators are white. Evaluators' concerns about terrorism do not impact the racial biases in these decisions. The same racial bias is observed in the decisions of practicing attorneys. Adding a small number of prosecutors and judges to the sample of attorneys generates similar results as those obtained from the attorney sample. We thank