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Page 7 of 42 103 Minn. L. Rev. 844, *854 1. Underenforcement Against Corruption Crimes of corruption by state and local officials are a good example of harms that, at times, criminal justice systems have unduly ignored. 34 Local police and prosecutors are not institutionally well-situated to pursue and evaluate those crimes. They often have professional, if not personal, ties to other local officials, which heightens the risk of undue favoritism or judgments that are otherwise not fully disinterested. That is the main reason [*855] that federal investigators and prosecutors have state and local corruption in their portfolios. *° 2. Underenforcement Against Sexual Assault Sexual assault offenses are another context in which underenforcement is now widely recognized, but the causes are different. Rather than favoritism toward offenders, the problem seems to be bias against the type of offense, and, in varying degrees, against the victims. Failures of police to rigorously pursue allegations of sexual assaults have been widely documented. %° Among the explanations that advocates, attorneys and some scholars point to are "the entrenched nature of long-recognized, gender-driven biases by police against domestic violence or sexual assault claims" and "against individuals from particular groups or under particular circumstances," especially against victims who are poor or are racial, ethnic or gender minorities. 37 One large-scale empirical study of why rape-kit evidence remained untested, for example, suggested that the explanation in part was "negative beliefs and stereotypes about victims, which adversely affected the quality of the investigation." 3° It bears noting that much of this bias is understood to be subtle or unconscious patterns built on cultural norms, rather than conscious, urposeful disfavor. 3? But when evidentiary records are incomplete or ambiguous, their effects are substantial. purp Ty Pp 8 [*856] 3. Underenforcement Against Police Excessive Uses of Fo

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