Illustration justice statue superimposed on star of David

When the Law is Silent: Hate Crime Prosecution and Implicit Bias in Law Enforcement Agencies

This CIVICA Research project aims to investigate the prosecution of hate crimes in Romania, Bulgaria and Germany, with a specific focus on antisemitism, by looking into intrinsic motivations among the police and the judiciary. It also examines the structural patterns of implicit bias and the reasons why they remain silent and undetected – among country-wide surveys, and NGO or anti-discrimination groups and institutions’ activities.

The driving research questions are:

  • How does implicit bias among the police and the judiciary influence the judicial solutions to anti-Semitic and other hate crime cases?
  • What are the individual, institutional and societal factors that can account for a selection bias among law enforcement agencies?
  • How can patterns in the prosecution of cases involving hate crime influence the status of minorities, the relation between minority and majority groups and how do they reflect in the wider social and political order?

The aim of the project is to account for different ways in which implicit bias among the police and the judiciary can reveal either an undetected antisemitism or a spike in anti-Semitic violence. The main case study is represented by Romania, considering the period after 2015 to today. At the same time, by employing the method of asymmetrical comparison, the cases of Bulgaria and Germany will be considered as well.

One of the main objectives of the research is to first identify patterns of implicit bias among the judiciary and then assess their role in how individual files are legally instrumented. This will allow the team of researchers to examine the wider individual, institutional and societal markers that can account for bias and prejudice among law enforcement agencies and personnel.

Finally, the end results will be used to situate patterns of implicit bias into the wider matrix of the political order in Romania, Bulgaria and Germany, and formulate preliminary hypotheses for other European countries as well, by discussing issues of minority status and integration issues. In this way, the assesments will situate the research into the wider agenda of democratic backsliding literature and issues of social hierarchy, violence and oppression.

Researchers involved

Events

Research event by the team of the project “When the Law is Silent: Hate Crime Prosecution and Implicit Bias in Law Enforcement Agencies”

26 March 2022, 10:00am EET

This event will allow the research team to present the preliminary results of research and hear from a series of speakers from Romania, Bulgaria and Germany. The presentation will include a comparison of the legislative frameworks dedicated to fighting antisemitism in the three countries.