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Search our Clearinghouse of over 450 books, articles, and reports on racial disparity in the criminal justice system.

Upcoming Events

National Association of Blacks in Criminal Justice Conference
"Reinventing NABCJ:  Addressing Challenges and Opportunities in the Criminal Justice System"
Atlanta, GA, July 25-29, 2010

This conference will focus on African Americans and people of color in regards to the administration of equal justice and the prevention of crime by creating a dialogue among criminal justice professionals and community leaders.

Symposium on Crime and Justice
"The Past and Future of Empirical Sentencing Research"
Albany, NY, September 23-24, 2010

The symposium is based on the premise that new advances in sentencing research will come in part from engaging with other disciplines that focus on sentencing issues, and engaging with ongoing public policy issues like prison overcrowding and risk assessment. The main topics will be the role of race in sentencing outcomes, discretion and decision making, managing the criminal justice population, and risk assessment in the sentencing process. 

State Criminal Justice Network Conference
"Inform, Influence, Impact: Effective Criminal Justice Reform"
Washington, DC, October 7-8, 2010
This event is intended for policy makers, attorneys, criminal justice advocates, students and others interested in criminal justice reform. Issues discussed will include: media, problem-solving courts, indigent defense, juvenile justice roundtable, and coalition building. 

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June 30, 2010

Race & Justice News

"The criminal justice system is accurately symbolized by a large sculpture that sits at the foot of the United States attorney's building: four metal circles that interlock. The wheels of justice, as it were, frozen in legal and social gridlock."  -Jonathan Larsen, Pulitzer Prize for Drama and Tony Awards winner

Feature Stories

Hispanics May be Fleeing Before Implementation of Arizona's Immigration Law

The recently enacted immigration legislation in Arizona may be causing many Hispanics to flee the state before the law goes into effect on July 29, 2010, according to a report in USA Today. The new law requires law enforcement officers to question the immigration status of people who are stopped, detained or arrested and for whom there is "reasonable suspicion" that they are in the country illegally.  One indicator to date is that some schools are experiencing unusual drops in enrollment. One elementary school district with a 75% Hispanic population reports a 10-fold increase in the number of students pulled out of the school over the same period last year. District Superintendent Jeffrey Smith says, "They're leaving to another state where they feel more welcome," after being told by some parents that they are leaving because of the new law. 

In 2007 nearly 100,000 persons left Arizona after the state passed a law that enhanced penalties on businesses that hired people in the country illegally. David Castillo, co-founder of the Latin Association of Arizona, noted that businesses that primarily serve the Hispanic community have fallen on hard times since the law's passage because many families are opting to hold on to their cash as they anticipate leaving the state. Paul Senseman, a spokesman for Republican Governor Jan Brewer, has heard similar claims of families relocating as a result of the law.  "If that means that fewer people are breaking the law, that is absolutely an accomplishment," he said. The Justice Department has decided to file a lawsuit aimed at striking down the new law. For more coverage, read The New York Times.

Reducing Racial Disparities in Juvenile Justice

Michael Belton, Deputy Director of the Ramsey County Juvenile Detention Center in St. Paul, Minnesota, acknowledges that the current juvenile justice system treats youth of color more severely than their white counterparts.  He states, "We have two justice systems, one for whites and one for kids of color. The one for kids of color is more intrusive, harsher, and longer. The one for whites is more supportive." Recently he testified before Congress on the inequities in the juvenile justice system and the overrepresentation of minority youth at every stage of the juvenile justice system process. Nearly 100 percent of cases transferred to adult court are youth of color, and Belton asserts that such disproportionate minority contact has devastating impacts on children and communities. 

Belton also believes that there is too much hysteria surrounding gangs. He points out a recent incident in a residential program where female residents were not allowed to wear cornrows because the staff assumed it was gang related. He goes on to state that "Regular youth behavior and African-American culture is viewed by corrections and systems people as being criminal."

Belton remains optimistic that Congress will vote on the reauthorization of the Juvenile Justice and Delinquency Prevention Act (JJDPA) this fall and approve it with stronger language aimed at reducing racial disparities. Click here to read more.

Spotlight on Research

Study Shows Racial Minorities Still Blocked from Juries

A new report, "Illegal Racial Discrimination in Jury Selection: A Continuing Legacy" by the Equal Justice Initiative (EJI) of Alabama has found disturbing evidence of discriminatory practices in the jury selection process. After examining the jury selection process in eight Southern states (Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, South Carolina, and Tennessee), EJI researchers discovered that many counties excluded almost 80% of African Americans eligible for jury service. In Jefferson Parish, Louisiana, for example, a state that requires only 10 of 12 jurors to convict in many cases, the high rate of exclusion means that "there is not effective black representation on the jury because only the votes of white jurors are necessary to convict."   

Despite the Supreme Court's 1986 decision in Batson v. Kentucky, which prohibited prosecutors from using discriminatory peremptory strikes based solely on race, the report contends that appellate courts have failed to consistently enforce anti-discriminatory laws. To rebut inferences of racial discrimination, prosecutors have used "race-neutral" explanations. These have included reasons as fragile as a potential juror misspelling words or not reading a particular newspaper article, living in a predominately black neighborhood or having a white spouse, being affiliated with historically black colleges or not having ever attended college, and receiving food stamps or having the same or similar last name as the defendants.  The researchers find that, "Even where courts have found that prosecutors have illegally excluded people of color from jury service, there have been no adverse consequences for state officials."  Such practices have compromised the credibility and integrity of the criminal justice system.  Furthermore, research has shown that compared to more diverse juries, all-white juries are more likely to make errors and take fewer perspectives into consideration. 

As a result of their assessment, EJI recommends changes in policy and practice to confront the continuing problem of racial biased in jury selection. These include the following:

•    Applying the ruling of Batson v. Kentucky retroactively to death row prisoners
•    Subjecting prosecutors who engage in racially biased jury selection to actions by the Justice Department as well as fines and penalties
•    Providing remedies for citizens who are illegally excluded from juries on the basis of race
•    Striving for more racial diversity within the judiciary, district attorney's office and law enforcement. 

Click here to view video coverage.

Featured Book

"I Don't Wish Nobody to Have a Life Like Mine: Tales of Kids in Adult Lockup" by David Chura

As many media outlets portrayed teens as dangerous "superpredators" in the 1990's, the juvenile justice system became more punitive and policy makers passed laws that made it easier to prosecute youth as adults. As a result, the juvenile detention rate has increased by 35% and transfers to adult court by 208% since then. Within the juvenile justice system, there has often been a failure to provide an environment that is conducive to rehabilitation and reform. 
 
David Chura, author of "I Don't Wish Nobody to Have a Life Like Mine," had the opportunity to interact with many who were treated as adults by both the juvenile and criminal justice systems and he takes us inside their grimy and deprived world of neglect and abuse. He taught high school in a New York penitentiary for 10 years and introduces us to his incarcerated students, correctional officers, wardens, and doctors. While doing so, he demonstrates how everyone involved in the juvenile justice system constantly faces a series of never-ending disappointments. 

Chura gives us a glimpse into the world of young people, mostly youth of color, and illustrates that despite Wade having a mother with AIDS, Khalil having no family to speak of, or Anna being a tough drug dealer, the kids behind the labels were vibrant and full of humor and passion. He also introduces us to the "no-non-sense" Officer O'Shay who covertly shows the youth sensitivity despite his outward display of callousness, and Ms. Wharton, a spunky hall monitor who didn't get along with anyone except the animals she volunteered to care for at a local shelter. Through his writing, Chura demonstrates that the keepers and the kept have more in common than they realize. He imparts his greatest lesson to his readers, "…I learned during my ten years in county lockup, a lesson as deep and livid as the wounds many of my students carried away with them, as enduring of the stresses of CO's (correctional officers') shoulders, that we are all children of disappointment."  Click here for more information about the book.   

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Search our Clearinghouse of over 450 books, articles, and reports on racial disparity in the criminal justice system.

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April 13, 2010

Race & Justice News

Feature Story

Facilitating Productive Communications on Racial Justice

The Opportunity Agenda has released a memo entitled "Ten Lessons for Talking About Racial Equity in the Age of Obama" that outlines key principles for facilitating discussions about racial equity. While many Americans have been reluctant to acknowledge the continued existence of racial inequities, especially given the historic election of President Obama, there is substantial evidence that documents the continuing influence of racial bias and injustice. 

Among other recommendations, The Opportunity Agenda suggests leading discussions with a focus on shared values, emphasizing how taking strides to reduce racial inequities is for the common good of all, and linking racial justice solutions with efforts to expand opportunities.  Specifically, the organization asserts that focusing on unequal outcomes often reinforces stereotypes. Instead, it supports documenting the barriers to equal opportunity using evidence and facts as a more effective approach. For example, rather than discussing the income gap between blacks and whites, a more constructive strategy may be to cite a study that found that white applicants with criminal records are more likely to receive a callback from prospective employers than African Americans without a criminal record (Pager, 2003).

Click here to view the full memo.

Spotlight on Research

NYC Blacks Most Likely To Get Stopped, Questioned and Frisked by Police

Researchers at the Center on Race, Crime and Justice at John Jay College of Criminal Justice have recently analyzed New York City Police Department (NYPD) data on stop and frisk trends. The findings in "Stop, Question & Frisk Policing Practices In New York City: A Primer" indicate that in 2009 African Americans and Hispanics combined were stopped at a rate that was 9 times higher than whites, with Asians being the least likely to be stopped. Blacks and Hispanics made up nearly 85% of stops in 2009 although they account for only 24% and 27% of the citywide population respectively. This supports findings such as those from the American Civil Liberties Union of Southern California report that finds that blacks are nearly three times more likely to be stopped by the police than whites. 

The John Jay research also shows that once stopped, 57% of blacks and 56% of Hispanics are frisked compared to 42% of whites. Similarly, only 18% of whites compared to 25% of blacks and 24% of Hispanics endure some type of physical force such as being forced to the ground, having a weapon drawn on them, or subjected to batons and/or pepper spray. Ironically, although whites were less likely to be arrested they were more likely to have contraband, a knife, or other non-firearm weapons than their African-American and Latino counterparts. Click here to access the full report.

Media Attention May Help Reduce Racial Profiling

A recent study on racial profiling finds that public scrutiny from the media contributes to reducing racial profiling practices in routine traffic stops. Researchers have assessed the impact of public attention on changing police officers' patterns when searching black and white drivers.  The results of the study indicate that racial disparities are significantly reduced when media coverage puts pronounced pressure on police organizations and when change in leadership occurs.

Warren, Patricia and Amy Farrell.  2009.  "The Environmental Context of Racial Profiling."  The Annals of the American Academy of Political and Social Science.  Vol. 623.

How Many Tickets You Get May Be Determined By  More Than Just Your Driving

Findings from a study focusing on traffic citation practices by the police indicate that neighborhood characteristics may influence how many tickets a person receives if stopped.  Factors such as the neighborhood income level, percentage of the neighborhood that are ethnic minorities, and the neighborhood crime rate increase the likelihood that drivers will receive more than one citation. Specifically, an increased number of citations were likely to be given in poorer neighborhoods with higher percentages of black and Hispanic residents. Moreover, the study indicates that these practices have a spill-over effect that extends to neighboring areas.  

Ingram, Jason.  2010.  "The Effect of Neighborhood Characteristics on Traffic Citation Practices of the Police."  Police Quarterly.  Vol. 10(4): 371-393. 

Featured Book

"Texas Tough: The Rise of America's Prison Empire" by Robert Perkinson

In this thought-provoking analysis, Perkinson provides a historical account tracing what he describes as Texas' various failed approaches to crime control. He helps us to understand how racism and politics, rather than crime control has been at the heart of governing prisons. Simply put, Perkinson argues that America has moved from "the age of slavery to the age of incarceration," which continues to plague our society today. The state of Texas incarcerates more people than Germany, France, Belgium, and the Netherlands combined. Currently, there are approximately 2.4 million persons incarcerated in the U.S. and our nation spends $212 billion a year on law enforcement, courts and prisons combined. Between 1965 and 2000 the number of prisoners in the U.S. increased over 600 percent; in Texas the increase in incarcerations was twice that. However, despite its level of spending and high incarceration rate, Texans still have a crime rate that is 24% higher than the national average.

According to Perkinson, race and slavery are the forces that shaped the Texas penal system. At its inception, the Texas prison system was reserved for whites and was never intended for free blacks or slaves-their punishment was death. Nevertheless, the abolition of slavery in 1865 left a class of black people who had little more than a fragile sense of freedom and Texas politicians desperate to maintain power over their former slaves. In fact, from 1865 to 1874 Texas led the nation in railroad construction, largely accomplished with convict labor. While most states had penal expenses, Texas made over $300,000 in profits by the 1880s.    

Following the Civil Rights Movement's advances in providing equal protection under the law and desegregation came tougher drug policies, and crackdowns on crime that consciously or not, made African Americans a target. Since that period, the disparity between black and white incarceration rates has nearly doubled and remains a problem that plagues us today. Visit www.texastough.com.

The Sentencing Project will participate in a discussion about the book in New York this week. Click here to view invitation or RSVP.

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