Race Is Often Used as Medical Shorthand for How Bodies Work. Some Doctors Want to Change That.

Several months ago, a lab technologist at Barnes-Jewish Hospital mixed the blood components of two people: Alphonso Harried, who needed a kidney, and Pat Holterman-Hommes, who hoped to give him one.

The goal was to see whether Harried’s body would instantly see Holterman-Hommes’ organ as a major threat and attack it before surgeons could finish a transplant. To do that, the technologist mixed in fluorescent tags that would glow if Harried’s immune defense forces would latch onto the donor’s cells in preparation for an attack. If, after a few hours, the machine found lots of glowing, it meant the kidney transplant would be doomed. It stayed dark: They were a match.

“I was floored,” said Harried.

Both recipient and donor were a little surprised. Harried is Black. Holterman-Hommes is white.

Could a white person donate a kidney to a Black person? Would race get in the way of their plans? Both families admitted those kinds of questions were flitting around in their heads, even though they know, deep down, that “it’s more about your blood type — and all of our blood is red,” as Holterman-Hommes put it.

Scientists widely agree that race is a social construct, yet it is often conflated with biology, leaving the impression that a person’s race governs how the body functions.

“It’s not just laypeople — it’s in the medical field as well. People often conflate race with biology,” said Dr. Marva Moxey-Mims, chief of pediatric nephrology at Children’s National Hospital in Washington, D.C.

She’s not talking just about kidney medicine. Race has been used as a shorthand for how people’s bodies work for years across many fields — not out of malice but because it was based on what was considered the best science available at the time. The science was not immune to the racialized culture it sprung from, which is now being seen in a new light. For example, U.S. pediatricians recently ditched a calculation that assumed Black children were less likely to get a urinary tract infection after new research found the risk had to do with a child’s history of fevers and past infections — not race. And obstetricians removed race and ethnicity from a calculation meant to gauge a patient’s ability to have a vaginal birth after a previous cesarean section, once they determined it was based on flawed science. Still, researchers say those race-based guidelines are just a slice of those being used to assess patients, and are largely based on the assumption that how a person looks or identifies reflects their genetic makeup.

Race does have its place during a doctor’s visit, however. Medical providers who give patients culturally competent care — the act of acknowledging a patient’s heritage, beliefs, and values during treatment — often see improved patient outcomes. Culturally competent doctors understand that overt racism and microaggressions can not only cause mental distress but also that racial trauma can make a person physically sick. Race is a useful tool for identifying population-level disparities, but experts now say it is not very useful in making decisions about how to treat an individual patient.

Because using race as a medical shorthand is at best imprecise and at worst harmful, a conversation is unfolding nationally among lawmakers, scientists, and doctors who say one of the best things patients can do is ask if — and how — their race is factored into their care.

Doctors and researchers in kidney care have been active recently in reevaluating their use of race-based medical guidance.

“History is being written right now that this is not the right thing to do and that the path forward is to use race responsibly and not to do it in the way that we’ve been doing in the past,” says Dr. Nwamaka Eneanya, a nephrologist with Fresenius Medical Care, who in a previous position with the University of Pennsylvania traced in the journal Nature the history of how race — a social construct— became embedded in medicine.

The perception that there is such a thing as a “Black” or “white” kidney quietly followed patient and donor as Harried and Holterman-Hommes were on the path to the transplant — in their medical records and in the screening tests recommended.

Medical records described Harried as a “47-year-old Black or African American male” and Holterman-Hommes as a “58-year-old, married Caucasian female.” Harried does not recall ever providing his race or speaking with his physicians about the influence of race on his care, but for two years or more his classification as “Black or African American” was a factor in the equations doctors used to estimate how well his kidneys were working. As previous KHN reporting lays out, that practice — distinguishing between “Black” and “non-Black” bodies — was the norm. In fall 2021, a national committee determined race has no place in estimating kidney function, a small but significant step in revising how race is considered.

Dr. Lisa McElroy, a surgeon who performs kidney transplants at Duke University, said the constant consideration of race “is the rule, not the exception, in medicine.”

“Medicine or health care is a little bit like art. It reflects the culture,” she said. “Race is a part of our culture, and it shows up all through it — and health care is no different.”

McElroy no longer mentions race in her patients’ notes, because it “really has no bearing on the clinical care plan or biology of disease.”

Still, such assumptions extend throughout health care. Some primary care doctors, for example, continue to hew to an assumption that Black patients cannot handle certain kinds of blood pressure medications, even while researchers have concluded those assumptions don’t make sense, distract doctors from considering factors more important than race — like whether the patient has access to nutritious food and stable housing — and could prevent patients from achieving better health by limiting their options.

Studying population-level patterns is important for identifying where disparities exist, but that doesn’t mean people’s bodies innately function differently — just as population-level disparities in pay do not indicate one gender is fundamentally more capable of hard work.

“If you see group differences … they’re usually driven by what we do to groups,” said Dr. Keith Norris, not by innate differences in those groups. Still, medicine often continues to use race as a crude catchall, said Norris, a UCLA nephrologist, “as if every Black person in America experiences the same amount and the same quantity of structural racism, individualized racism, internalized racism, and gene polymorphisms.”

In Harried and Holterman-Hommes’ case, one striking example of race being used as shorthand for determining how people’s bodies work was an informational guide given to Holterman-Hommes that said African Americans with high blood pressure could not donate an organ, but Caucasians with high blood pressure might still qualify.

“I can’t believe they actually wrote that down,” said Dr. Vanessa Grubbs, a nephrologist at the University of California-San Francisco. That worries Grubbs because using race as a reason to exclude donors can create a situation in which Black transplant recipients have to work harder to find a living donor than others would.

“I do think that criteria such as these become barriers for transplantation,” said Dr. Rajnish Mehrotra, head of nephrology at the University of Washington. He said that type of hypertension distinction could exclude potential donors — like the 56% of Black adults with high blood pressure in the U.S. — when more of them are sorely needed.

The inclusion of race did not necessarily affect Harried’s ability to receive a kidney, nor Holterman-Hommes’ ability to give him one. But following their case offers a glimpse into the ways race and biology are often cemented together.

The St. Louis Case

Harried and Holterman-Hommes met 20 years ago when they worked together at a nonprofit that serves youth experiencing homelessness in St. Louis. Harried was the guy who pulled kids out of their ruts and into a creative mindset, from which they would write poems and songs and do artwork. Holterman-Hommes said he was “the calm in their storm.” Harried calls Holterman-Hommes “big stuff” because she is the nonprofit’s CEO who keeps the lights on and the donations coming in. “You never knew that she was the president of the company,” said Harried. “There wasn’t an air about her.”

Harried resigned in 2018 as his health declined. Then in 2021, Holterman-Hommes saw a KHN article about Harried and decided to see if she could help her former colleague. Although Holterman-Hommes’ mother was born with one kidney, she had lived a long and healthy life, so Holterman-Hommes figured she could spare one of her own.

As Holterman-Hommes explored becoming a donor candidate, initial tests showed high blood pressure readings, in addition to lower-than-ideal kidney function. But “I like to get an A on a test,” she said, so she redid both sets of tests, repeating the kidney function test after staying better hydrated and the blood pressure test after a big work deadline had passed. She moved on in the screening process after her results improved.

Grubbs wonders whether, if Holterman-Hommes had been Black, “they would have just dismissed her.” Grubbs shared an instance in which she suspects that’s exactly what happened to the wife of a patient of hers in California who needed a kidney transplant.

The wife, who is Black and was in her 50s at the time, wasn’t allowed to give the patient a kidney because of her hypertension.

“There are people in this country that will tell you that, ‘Oh, white people donate kidneys, Black people don’t donate kidneys, and that’s not true,’” said Mehrotra. “You hear that racist trope. But [there are] all of these barriers to kidney donation.”

Barnes-Jewish Hospital later said it had given Holterman-Hommes an outdated guide, “an unfortunate circumstance that is being corrected,” and provided a new one that does not say Black people with hypertension cannot donate. Instead, it says that people cannot donate if they have hypertension that was either diagnosed before age 40 or requires more than one medication to manage.

But “at some point, it was a policy,” said Harried, whose kidneys have been failing for several years. And it’s unclear how many years that “outdated” guidance shaped perceptions among those seeking care at Barnes-Jewish, which performs more living-donor kidney transplants per year than any other location in Missouri, according to the Scientific Registry of Transplant Recipients.

There is little transparency into how medical centers incorporate race into their decision-making and care. Guidelines from the United Network for Organ Sharing, the national organization in charge of the transplant system, leave the door open for hospitals to “exclude a donor with any condition that, in the hospital’s medical judgment, causes the donor to be unsuitable for organ donation.”

Tanjala Purnell, an epidemiologist at the Johns Hopkins Bloomberg School of Public Health studying disparities in kidney transplantation, said she knows of several centers that used race-based criteria, though some have relaxed those rules, instead deciding case by case. “There’s not a standard set to say, ‘Well, no, you can absolutely not have different rules for different people,’” she said. “We don’t have those safeguards.” Dr. Tarek Alhamad, medical director of the kidney program at the Washington University and Barnes-Jewish Transplant Center, said race-based criteria for kidney donations aren’t created to exclude Black people — it was born of a desire to avoid harming them.

“African Americans are more likely to have end-stage renal disease, they are more likely to have end-stage renal disease related to hypertension. And they are more likely to have genetic factors that would lead to kidney dysfunction,” said Alhamad.

Compared with white and Hispanic donors, non-Hispanic Black donors are known to be at higher risk for developing kidney failure because of their donation, though it’s still very rare.

He said it feels unethical to take a kidney from someone who may really need it down the line. “This is our role as physicians not to do harm.”

The Science

Researchers are studying a possible way to clarify who is really at risk in donating a kidney, by identifying specific risk factors rather than pinning odds on the vague concept of race.

Specifically, a gene called APOL1 could influence a person’s likelihood of developing kidney disease. All humans have two copies of this gene, but there are different versions, or variants, of it. Having two risk variants increases the chance of kidney injury.

The risk variants are most prevalent in people with recent African ancestry, a group that crosses racial and ethnic boundaries. About 13% of African Americans have the double whammy of two risk variants, said Dr. Barry Freedman, chief of nephrology at the Wake Forest School of Medicine. Even then, he said, their fate isn’t sealed — most people in that group won’t get kidney failure. “We think they need a second hit, like HIV infection, or lupus, or covid-19.”

Freedman is leading a study that looks, in part, at how kidney donors with those risk variants fare in the long term.

“This is really important because the hope is that kidneys won’t be discarded or turned down as frequently,” said Moxey-Mims, who is also involved in the research.

Researchers who are focused on health equity say that while APOL1 testing could help separate race from genetics, it could be a double-edged sword. Purnell pointed out that if APOL1 is misused — for example, if a transplant center makes a blanket rule that no one with two risk variants can donate, rather than using it as a starting point for shared decision-making, or if doctors offer the test based only on a patient’s looks — it could merely add another criterion to the list by which certain people are excluded.

“We have to do our due diligence,” said Purnell, to ensure that any effort to be protective doesn’t end up “making the pool of available donors for certain groups smaller and smaller and smaller.” Purnell, McElroy, and others steeped in transplant inequities say that as long as race — which is a cultural concept defining how someone identifies, or how they are perceived — is used as a stand-in for someone’s ancestry or genetics, the line between protecting and excluding people will remain fuzzy.

“That’s the heart of the matter here,” said McElroy.

So where does race belong in kidney transplant medicine? Many of the physicians interviewed for this article — many of them people of color — said it primarily serves as a potential indicator of hurdles patients may face, rather than as a marker of how their bodies function.

For example, McElroy said she might spend more time with Black patients building trust with them and their families, or talking about how important living donations can be, similar to the ways she might spend more time with a Spanish-speaking patient making sure they know how to access a translator, or with an elderly patient emphasizing how important physical activity is.

“The purpose is not to ignore the social determinants of health — of which race is one,” she said. “It’s to try to help them overcome the race-specific or ethnicity-specific barriers to receiving excellent care.”

While all the science gets sorted out, Eneanya is trying to get the message out to patients: “Just ask the question: ‘Is my race being used in my clinical care?’ And if it is, first of all, what race is in the chart? Is it affecting my care? And what are my options?”

“Just keep your eyes open, ask questions,” said Harried.

In late April, a kidney from Holterman-Hommes’ body was successfully placed into Harried’s. Both are home now and say they are doing well.

KHN (Kaiser Health News) is a national newsroom that produces in-depth journalism about health issues. Together with Policy Analysis and Polling, KHN is one of the three major operating programs at KFF (Kaiser Family Foundation). KFF is an endowed nonprofit organization providing information on health issues to the nation.

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A Freedom That Can’t Be Stolen

Imagine being a slave, and on this particular day, Union Army Major General Gordon Granger forced your master to set you free immediately! You and your master may have heard about the Emancipation Proclamation two years earlier, but it didn’t free you.

Gaining physical freedom is one thing. But how did formerly enslaved people gain emotional freedom while avoiding the heavy chains of emotional slavery due to the incredible injustice of their past and present reality? What possible relationship could or would they have with their former master?

What about you? As many are focused on celebrating Juneteenth and freedom, are you still in emotional chains due to injustice? How do you go on functioning while injustice continues? Black people are still being shot. Churches and schools are targets for mass murders.

Maybe you’re not in physical chains, but are you emotionally enslaved?

Want your freedom? When thinking of slavery, Grandma Shuler, my dad’s mom, always comes to mind. She was born in 1879 in South Carolina where an unofficial slavery still existed! This eighty-five-year-old’s smile and lack of bitterness profoundly impacted me when I was ten years old.

I considered becoming a Black Panther because the Ku Klux Klan ran from them. It was difficult for Blacks to be anything other than sharecroppers (a new kind of slavery) immediately after slavery was abolished. Grandma and Grandpa and their adult children lived on the same land where their parents had been enslaved. Their house’s foundation was a slave shack with an outhouse. This was 1964!

My dad has some of Grandma’s genes. He and many Black men like him had a quiet dignity no matter how badly they were treated in the ’50s, ’60s, and ’70s. They didn’t fight back or curse at their oppressors. Injustice couldn’t break their spirits.

But how do you reconcile Ahmaud Arbery, Breonna Taylor, George Floyd, and the recent shootings at the school in Uvalde, TX, and the grocery store in Buffalo, NY?

Initially, I felt that part of me died when I heard about the struggle and murders of Ahmaud Arbery and George Floyd. Certainly, I wasn’t free emotionally. Ironically, God spoke to me through a radio interview with two White humbled co-hosts who had done their homework. They got me talking about these murders. Surprisingly, it was therapeutic. I didn’t realize I needed to talk about it instead of keeping it inside. Many Black men don’t process it externally, which is slowly killing them.

How should we handle injustice when peaceful efforts require more discipline than giving in to our emotions? History shows us there is power in “radical love and forgiveness.” When Dylann Roof murdered nine members of Emmanuel African Methodist Episcopal Church in Charleston, S.C., during a prayer meeting in June 2015, many surviving friends and family shocked the nation when they chose to forgive. Emmanuel AME is one of the oldest Black congregations in the South and has a long history of anti-slavery activism, civil rights protests, and ongoing political engagement. Even the late pastor Clementa Pinckney, one of the victims shot that day, was a state senator who pushed for police to wear body cameras. So why forgive? Chris Singleton, who lost his mother in the attack, told USA Today, “After seeing what happened and the reason why it happened, and after seeing how people could forgive, I truly hope that people will see that it wasn’t just us saying words,” Singleton says. “I know, for a fact, that it was something greater than us, using us to bring our city together.”

When we don’t forgive, we put ourselves in emotional slavery. Our unforgiveness subconsciously permeates every relationship – and I’ve found that relationships are the key to healing racial divides. A freedom that can never be stolen is not about how people treat me. It’s all about how I choose to respond to it. In my latest book, Life-Changing, Cross-Cultural Friendships, which I co-wrote with Gary Chapman, author The 5 Love Languages, we talk in depth about our journey of an authentic friendship through some of the most racially divisive times in history and provide a roadmap for others to do the same.

Dr. Martin Luther King, Jr. once said, “We must develop and maintain the capacity to

forgive. He who is devoid of the power to forgive is devoid of the power to love. There is

some good in the worst of us and some evil in the best of us. When we discover this,

we are less prone to hate our enemies.”

My grandma couldn’t force White people or anyone else to give her justice, equality, or simply human courtesy, yet she continued to smile. Grandma was not weak. When she spoke, people moved. This barely five-foot-tall woman lived with her six-foot two-inch husband, raised seven children, and could still shoot her rifle with accuracy well into her eighties. She couldn’t go to the hospital to give birth. She and Grandpa lived off the land to survive and fed their children without a formal education. Imagine all that she saw, being born in 1879 and living until 1971. Her freedom was not dependent on White people giving her their version of justice. She treated all people with respect. She said, “As I’m treating others with respect, even some mean White people, I’m loving God and respecting myself.”

And, of course, Grandma smiled.

 

 

About the. Author

Clarence Shuler is the President/CEO of BLR: Building Lasting Relationships. He’s authored ten books. He and Dr. Gary Chapman speak together at The 5 Love Languages, Date Night, and Life-Changing Cross-Cultural Friendship events. For more information, visit www.clarenceshuler.com.

 

Pots and Kettles

Something I’ve always struggled with while studying the bible is the relationship between the Old Testament and New Testament. The New Testament holds a special place for most Christians because it contains the records of Christ’s life. As we strive to become more like Christ, it is easy to focus exclusively on this series of books while neglecting the wisdom and historical context provided by the Old Testament. On the other hand, I’ve witnessed people strip that same historical context from this part of the bible for personal and political gain. So I decided to try and develop a better understanding of what this collection of books is trying to say for myself. 

One of the aspects of the Old Testament that often goes overlooked are the books of  prophecy (Isaiah through Malachi). Compared to some of the more popular Old Testament books, these stories tend to be less self-contained and also require some outside knowledge of the context in which they were written to make much sense. One historical event in particular sticks out in these books, the Babylonian captivity. 

The comparison between America and Babylon has been made to the point of meaninglessness, instead, I want to focus on Israel’s role in this story. First though, it would help to establish a definition for what the Babylonian captivity was and its relevance to biblical history. In 586 BC, King Nebuchadnezzer of Babylon invaded Jerusalem and destroyed the Jewish temple. After the city fell, he enslaved large swaths of the population and forced them to migrate to Babylon. This exile contains the stories of Daniel and Shadrach, Meshach, and Abendego. However, leading up to this point, God sent many prophets to warn Israel of its fate. The biggest warning, perhaps, was the fall of Israel’s northern kingdom to the Babylonians nearly a decade earlier. In fact, the prophet Jeremiah tried to warn Jerusalem that they would meet the same fate as their northern counterpart if they didn’t attempt to make a change. Sure enough, this fate came to pass and it irrevocably changed Jewish culture and religion as a result. 

But I want to focus on how things got to this point. How could a God that claims to love his adherents also allow them to be enslaved, conquered, and killed. The answer lies in the nature of covenants. One of the oldest and most important covenants in the Bible is between God and Abraham. It provides the cultural narrative of the Jewish faith, that God promised to protect and guide the descendants of Abraham so long as they remained loyal to him alone. Pretty simple, but the region where Jerusalem is located has always been a hotly contested area of land. All around Israel, powerful cities increased their strength beneath the banners of false gods and idols. Over the course of centuries, Israel declined in prominence from the golden age of King David as places like Babylon, Persia, and Egypt began to thrive. Instead of remaining faithful to the invisible promises of God, Israel forsook it’s covenant in order to gain a fraction of the wealth and influence seen sprouting up in the neighboring nations. 

Ultimately, it is this betrayal that caused the downfall of Jerusalem. A promise takes two sides to uphold and God showed the people of Jerusalem grace by giving them an example of what awaited them in the future. Isaiah 2:6-9 follows the prophet Isaiah as he tries to convince the people of Jerusalem to return to God’s covenant. His diagnosis is very clear. Israelites abandoned God in favor of sorcery, sexual ritualism, and idolatry. Despite the warnings from the prophet and the destruction of the Northern Kingdom, Israel persisted until their eventual destruction and captivity. But why? What force could be so powerful that it would prevent an entire nation that had been blessed beyond desire in the past to forsake their faith? 

At the heart of the problem is pride. Isaiah 2:6-9 illustrates the relationship that Israel had with these idols. They were works of art on some level, seemingly erected by patrons in order to display not just their piety but also their wealth. They literally erect works made from their own labor and worshiped them as if they are gods. In return, these idols made them prosperous. Eased political tensions within the region came about as a result of this cultural cross-pollination which facilitated trade which, in turn, made Jerusalem very wealthy. Gold and silver were seemingly endless in those days. In their quest to elevate their nation and by extension themselves, Israel broke their covenant with God thus removing his blessing and making them vulnerable to Babylonian invasion. 

My first impulse when researching this topic was to point my finger at the world around me and externalize the accusations leveled against Israel onto American culture or the modern church, but that misses the point entirely. Culturally, we have an idea of Babylon as greedy, vain, sexually immoral, and paganistic. On closer inspection, however, Israel was just as guilty of all of these things if not more. What is the point of judging Babylon when they were ignorant of God’s power entirely. In much the same way that Israel bore witness to the full power of God in its history and chose to forsake that in favor of idols; there are certainly places in my life where my faith fails despite the overwhelming blessings God has given me in the past. There are certainly places in my life where I put myself on a pedestal so the admiration of others drowns out the guilt I feel. Instead of trying to deny that those parts of me exist, perhaps it’s better to recognize the areas in my life where I put myself before Christ and address them. This might not be everyone’s story, but if you think you’re too holy, well-respected, or ecclesiastic enough to never struggle with pride then I have a trophy to sell you to commemorate your spiritual enlightenment.

Homecoming: An Interview with Thema Bryant

Homecoming: An Interview with Thema Bryant

Dr. Thema Bryant is a psychologist and minister who has become one of the most influential voices addressing mental health and spiritual health. UrbanFaith sat down to interview her about her new book Homecoming: Overcome Fear and Trauma to Reclaim Your Whole, Authentic Self. The interview is above, more information about the book is below.

In the aftermath of stress, disappointment, and trauma, people often fall into survival mode, even while a part of them longs for more. Juggling multiple demands and responsibilities keeps them busy, but not healed. As a survivor of sexual assault, racism, and evacuation from a civil war in Liberia, Dr. Thema Bryant knows intimately the work involved in healing. Having made the journey herself, in addition to guiding others as a clinical psychologist and ordained minister, Dr. Thema shows you how to reconnect with your authentic self and reclaim your time, your voice, your life.

Signs of disconnection from self can take many forms, including people-pleasing, depression, anxiety, and resentment. Healing starts with recognizing and expressing emotions in an honest way and reconnecting with the neglected parts of yourself, but it can’t be done in a vacuum. Dr. Thema gives you the tools to meaningfully connect with your larger community, even if you face racism and sexism, heartbreak, grief, and trauma. Rather than shrinking in the face of life’s difficulties, you will discover in Homecoming the therapeutic approaches and spiritual practices to live a more expansive life characterized by empowerment, healthier relationships, gratitude, and a deeper sense of purpose.

Criminal justice algorithms: Being race-neutral doesn’t mean race-blind

An algorithm is the centerpiece of one criminal justice reform program, but should it be race-blind? the_burtons/Moment via Getty Images
Duncan Purves, University of Florida and Jeremy Davis, University of Florida

Justice is supposed to be “blind.” But is race blindness always the best way to achieve racial equality? An algorithm to predict recidivism among prison populations is underscoring that debate.

The risk-assessment tool is a centerpiece of the First Step Act, which Congress passed in 2018 with significant bipartisan support, and is meant to shorten some criminal sentences and improve conditions in prisons. Among other changes, it rewards federal inmates with early release if they participate in programs designed to reduce their risk of re-offending. Potential candidates eligible for early release are identified using the Prisoner Assessment Tool Targeting Estimated Risk and Needs, called PATTERN, which estimates an inmate’s risk of committing a crime upon release.

Proponents celebrated the First Step Act as a step toward criminal justice reform that provides a clear path to reducing the prison population of low-risk nonviolent offenders while preserving public safety.

But a review of the PATTERN system published by the Department of Justice in December 2021 found that PATTERN overpredicts recidivism among minority inmates by between 2% and 8% compared with white inmates. Critics fear that PATTERN is reinforcing racial biases that have long plagued the U.S. prison system.

As ethicists who research the use of algorithms in the criminal justice system, we spend lots of time thinking about how to avoid replicating racial bias with new technologies. We seek to understand whether systems like PATTERN can be made racially equitable while continuing to serve the function for which they were designed: to reduce prison populations while maintaining public safety.

Making PATTERN equally accurate for all inmates might require the algorithm to take inmates’ race into account, which can seem counterintuitive. In other words, achieving fair outcomes across racial groups might require focusing more on race, not less: a seeming paradox that plays out in many discussions of fairness and racial justice.

How PATTERN works

The PATTERN algorithm scores individuals according to a range of variables that have been shown to predict recidivism. These factors include criminal history, education level, disciplinary incidents while incarcerated, and whether they have completed any programs aimed at reducing recidivism, among others. The algorithm predicts both general and violent recidivism, and does not take an inmate’s race into account when producing risk scores.

Based on this score, individuals are deemed high-, medium- or low-risk. Only those falling into the last category are eligible for early release.

A woman in a white suit looks up at a man in a suit with his back to the camera.
Then-President Donald Trump listens as Alice Marie Johnson, who was incarcerated for 21 years, speaks at the 2019 Prison Reform Summit and First Step Act Celebration at the White House. AP Photo/Susan Walsh

The DOJ’s latest review, which compares PATTERN predictions with actual outcomes of former inmates, shows that the algorithm’s errors tended to disadvantage nonwhite inmates.

In comparison with white inmates, PATTERN overpredicted general recidivism among Black male inmates by between 2% and 3%. According to the DOJ report, this number rose to 6% to 7% for Black women, relative to white women. PATTERN overpredicted recidivism in Hispanic individuals by 2% to 6% in comparison with white inmates, and overpredicted recidivism among Asian men by 7% to 8% in comparison with white inmates.

These disparate results will likely strike many people as unfair, with the potential to reinforce existing racial disparities in the criminal justice system. For example, Black Americans are already incarcerated at almost five times the rate of white Americans.

At the same time that the algorithm overpredicted recidivism for some racial groups, it underpredicted for others.

Native American men’s general recidivism was underpredicted by 12% to 15% in relation to white inmates, with a 2% underprediction for violent recidivism. Violent recidivism was underpredicted by 4% to 5% for Black men and 1% to 2% for Black women.

Reducing bias by including race

It is tempting to conclude that the Department of Justice should abandon the system altogether. However, computer and data scientists have developed an array of tools over the past decade designed to address concerns about algorithmic unfairness. So it is worth asking whether PATTERN’s inequalities can be remedied.

One option is to apply “debiasing techniques” of the sort described in recent work by criminal justice experts Jennifer Skeem and Christopher Lowenkamp. As computer scientists and legal scholars have observed, the predictive value of a piece of information about a person might vary depending on their other characteristics. For example, suppose that having stable housing tends to reduce the risk that a former inmate will commit another crime, but that the relationship between housing and not re-offending is stronger for white inmates than Black inmates. An algorithm could take this into account for higher accuracy.

But taking this difference into account would require that designers include each inmate’s race in the algorithm, which raises legal concerns. Treating individuals differently on the basis of race in legal decision-making risks violating the 14th Amendment of the Constitution, which guarantees equal protection under the law.

Several legal scholars, including Deborah Hellman, have recently argued that this legal concern is overstated. For example, the law permits using racial classifications to describe criminal suspects and to gather demographic data on the census.

Other uses of racial classifications are more problematic. For example, racial profiling and affirmative action programs continue to be contested in court. But Hellman argues that designing algorithms that are sensitive to the way that information’s predictive value varies across racial lines is more akin to using race in suspect descriptions and the census.

In part, this is because race-sensitive algorithms, unlike racial profiling, do not rely on statistical generalizations about the prevalence of a feature, like the rate of re-offending, within a racial group. Rather, she proposes making statistical generalizations about the reliability of the algorithm’s information for members of a racial group and adjusting appropriately.

But there are also several ethical concerns to consider. Incorporating race might constitute unfair treatment. It might fail to treat inmates as individuals, since it relies upon statistical facts about the racial group to which they are assigned. And it might put some inmates in a worse position than others to earn early-release credits, merely because of their race.

Key difference

Despite these concerns, we argue there are good ethical reasons to incorporate race into the algorithm.

First, by incorporating race, the algorithm could be more accurate across all racial groups. This might allow the federal prison system to grant early release to more inmates who pose a low risk of recidivism while keeping high-risk inmates behind bars. This will promote justice without sacrificing public safety – what proponents of criminal justice reform want.

Furthermore, changing the algorithm to include race can improve outcomes for Black inmates without making things worse for white inmates. This is because earning credits toward early release from prison is not a zero-sum game; one person’s eligibility for the early release program does not affect anyone else’s. This is very different from programs like affirmative action in hiring or education. In these cases, positions are limited, so making things better for one group necessarily makes things worse for the other group.

As PATTERN illustrates, racial equality is not necessarily promoted by taking race out of the equation – at least not when all participants stand to benefit.

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Duncan Purves, Associate Professor of Philosophy, University of Florida and Jeremy Davis, Postdoctoral Associate, University of Florida

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