Noise and Bias

Naive realism explains why individuals, including judges, struggle to see differing perspectives on the same reality, leading to bewilderment over contrasting conclusions. The return of judicial discretion has reignited noise in sentencing, disproportionately affecting black defendants, highlighting the intersection of noise and bias. While bias is often the focus of critiques on disparities, the complexity of noise, which lacks a clear causal narrative, complicates our understanding of unfair outcomes in the justice system.