Black Lives Matter, Racial Inequality in Criminal Justice Report, The Sentencing Project, 2015
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BLACK LIVES MATTER: ELIMINATING RACIAL INEQUITY IN THE CRIMINAL JUSTICE SYSTEM For more information, contact: The Sentencing Project 1705 DeSales Street NW 8th Floor Washington, D.C. 20036 (202) 628-0871 sentencingproject.org twitter.com/sentencingproj facebook.com/thesentencingproject This report was written by Nazgol Ghandnoosh, Ph.D., Research Analyst at The Sentencing Project. The report draws on a 2014 publication of The Sentencing Project, Incorporating Racial Equity into Criminal Justice Reform. Cover photo by Brendan Smialowski of Getty Images showing Congressional staff during a walkout at the Capitol in December 2014. The Sentencing Project is a national non-profit organization engaged in research and advocacy on criminal justice issues. Our work is supported by many individual donors and contributions from the following: Atlantic Philanthropies Morton K. and Jane Blaustein Foundation craigslist Charitable Fund Ford Foundation Bernard F. and Alva B. Gimbel Foundation General Board of Global Ministries of the United Methodist Church JK Irwin Foundation Open Society Foundations Overbrook Foundation Public Welfare Foundation Rail Down Charitable Trust David Rockefeller Fund Elizabeth B. and Arthur E. Roswell Foundation Tikva Grassroots Empowerment Fund of Tides Foundation Wallace Global Fund Working Assets/CREDO Copyright © 2015 by The Sentencing Project. Reproduction of this document in full or in part, and in print or electronic format, only by permission of The Sentencing Project. TABLE OF CONTENTS Executive Summary 3 I. Uneven Policing in Ferguson and New York City 6 II. A Cascade of Racial Disparities Throughout the Criminal Justice System 10 III. Causes of Disparities 13 A. Differential crime rates B. Four key sources of unwarranted racial disparities in criminal justice outcomes IV. Best Practices for Reducing Racial Disparities A. Revise policies and laws with disparate racial impact B. Address implicit racial bias among criminal justice professionals C. Reallocate resources to create a fair playing field D. Revise policies that exacerbate socioeconomic inequalities and redirect public spending toward crime prevention and drug treatment 13 15 19 19 21 23 25 V. Implementation Strategies and Metrics for Success 26 VI. Conclusion 27 Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 1 2 The Sentencing Project EXECUTIVE SUMMARY “Every time you see me, you want to mess with me,” Eric Garner told the group of approaching New York City police officers. As they wrestled him to the ground to arrest him for selling untaxed loose cigarettes, an officer placed Garner in a chokehold and maintained his grip despite Garner’s pleas for air. One hour later, Garner was pronounced dead. The unarmed black man’s death and the white officer’s non-indictment despite videotape evidence have heightened concerns about police practices and accountability. In the wake of the fatal police shooting of unarmed teenager Michael Brown in Ferguson, Missouri, and that officer’s non-indictment, a growing number of Americans are outraged and demanding change. “Black lives matter” has become a rallying cry in light of evidence that the criminal justice system is failing to uphold this basic truth. Official data, although woefully inadequate,1 show that over half of those killed by police in recent years have been black or Latino.2 Officers involved in these killings are rarely indicted, much less convicted, for excessive use of force.3 And official responses to recent protests have spurred further controversy: militarized police forces disrupted public assemblies in Ferguson,4 and New York City’s police union blamed pro-reform politicians and nonviolent protesters for the killing of two officers by a mentally unstable man.5 The criminal justice system’s high volume of contact with people of color is a major cause of African Americans’ disproportionate rate of fatal police encounters, as well as of broader perceptions of injustice in many communities. This briefing paper identifies four key features of the justice system that contribute to its disparate racial impact, and presents recent best practices for targeting these inequities drawn from adult and juvenile justice systems around the country. In many cases, these practices have produced demonstrable results. Policing is by no means the only stage of the justice system that produces racial disparity. Disadvantage accumulating at each step of the process contributes to blacks and Latinos comprising 56% of the incarcerated population, yet only 30% of the U.S. population.6 The roots of this disparity precede criminal justice contact: conditions of socioeconomic inequality contribute to higher rates of some violent and property crimes among people of color. But four features of the justice system exacerbate this underlying inequality, and jurisdictions around the country have addressed each one through recent reforms. 1. Many ostensibly race-neutral policies and laws have a disparate racial impact. Police policies such as “broken windows” and stop, question, and frisk have disproportionately impacted young men of color. Prosecutorial policies, such as plea bargain guidelines that disadvantage blacks and Latinos compound these disparities, as do sentencing laws that dictate harsher punishments for crimes for which people of color are disproportionately arrested. One reform to address this source of disparity in policing is the significant retrenchment of “stop and frisk” in New York City after a court ruled that the policy violated the constitutional rights of blacks and Latinos. Recent legislation reducing the sentencing disparity between the use and distribution of crack versus powder cocaine in California, Missouri, and at the federal level are examples of efforts to tackle sentencing inequalities. Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 3 2. Criminal justice practitioners’ use of discretion is – often unintentionally – influenced by racial bias. Racial disparities in traffic stops have diminished on a nationwide basis in recent years, but persist in many jurisdictions. Police officers are more likely to stop black and Hispanic drivers for investigative reasons. Once pulled over, people of color are more likely than whites to be searched, and blacks are more likely than whites to be arrested. In jurisdictions like Ferguson, these patterns hold even though police have a higher “contraband hit rate” when searching white versus black drivers. Prosecutors and judges also often treat blacks and Hispanics more harshly in their charging and sentencing decisions. The Vera Institute of Justice’s work with prosecutors’ offices around the country is one initiative addressing bias in charging decisions by monitoring outcomes and increasing accountability. Similarly, judges in Dorchester, Massachusetts, have worked with police and prosecutors to develop guidelines to reduce racial disparities in charging enhancements for people arrested for drug crimes in a school zone. 4. Criminal justice policies exacerbate socioeconomic inequalities by imposing collateral consequences on those with criminal records and by diverting public spending. A criminal conviction creates a barrier to securing steady employment, and those with felony drug convictions are disqualified from public assistance and public housing in many areas. In addition, allocating public resources to punitive programs comes at the expense of investments in crime prevention and drug treatment programs. Because of their higher rates of incarceration and poverty, people of color are disproportionately affected by these policy choices. A key development in this area is California’s reclassification of a number of low-level offenses from felonies to misdemeanors under Proposition 47 in 2014. This initiative is intended to reduce prison admissions and to spare many low-level offenders the collateral consequences of a felony conviction. The law also redirects a portion of state prison savings – estimated to be $150-$250 million annually – to crime prevention and drug treatment programs. 3. Key segments of the criminal justice system are underfunded, putting blacks and Latinos – who are disproportionately lowRecent high-profile killings by police officers demonstrate income – at a disadvantage. the need for better police practices and improved Most states inadequately fund their indigent defense programs. Pretrial release often requires money bond, which can be prohibitive to low-income individuals and increases the pressure on them to accept less favorable plea deals. Many parole and probation systems offer supervision with little support. Public drug treatment programs are also underfunded, thereby limiting treatment and sentencing alternatives for low-income individuals. New Jersey’s recently overhauled bail laws, which will increase nonmonetary release options, is an effort to create a more even playing field for low-income individuals. In Illinois, the expansion of alternative community programs has helped to nearly halve reliance on secure detention for youth. 4 The Sentencing Project accountability. They also underscore the need for revising policies that place people of color under greater police scrutiny and that lead to their disadvantage throughout the criminal justice system. To address this crisis of confidence, especially among people of color, criminal justice practitioners and policymakers should seize this opportunity to adopt and expand upon existing best practices for promoting racial equity at all levels of the justice system. This briefing paper is organized as follows: Section I examines racial disparities in policing in Ferguson, Missouri, and New York City. Section II compares these patterns with nationwide trends and relates them to disparate outcomes at later stages of the criminal justice process. Section III examines the causes of blacks’ and Latinos’ overrepresentation in the justice system, New York City, December 13, 2014: People march in the National March Against Police Violence, which was organized by National Action Network, through the streets of Manhattan on December 13, 2014 in New York City. The march coincided with a march in Washington, D.C. and came on the heels of two grand jury decisions not to indict white police officers in the deaths of two unarmed black men. Photo by Andrew Burton, Getty Images. including differential crime rates and the four sources of inequities in the justice system. Section IV presents best practices from around the country for reducing racial disparities created by these four sources. Section V explores strategies for implementation and evaluation. Section VI concludes by reviewing recent achievements and highlighting the need for further reforms. This report largely focuses on the experiences of African Americans / blacks, Latinos / Hispanics, and whites in the justice system. These are the populations for whom the most research and data are available. Nationwide data and research that include Asian Americans and American Indians are more limited: reports often aggregate these groups into one category, labeled “other.” Existing research suggests that many of the trends described in this report hold for American Indians, for sub-groups of Asian Americans, and for other communities of color.7 Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 5 I. UNEVEN POLICING IN FERGUSON AND NEW YORK CITY Black and white Americans experience different policing practices. They encounter the police at different rates and for different reasons, and they are treated differently during these encounters. Officers’ racially biased use of discretion – either intentional or unintentional – is one cause of racial disparities in police contact that are not explained by differences in crime rates. Another cause is formal police policies such as “stop and frisk” and “broken windows” policing. Designed to target minor violations with the rationale of circumventing serious crimes, these policies place people of color under greater scrutiny. Officer Darren Wilson stopped Michael Brown for jaywalking. Officer Daniel Pantaleo and his colleagues approached Eric Garner for selling untaxed cigarettes. Disproportionate police contact with people of color in these two very different jurisdictions set the context for these tragic deaths. Figure 1. Ferguson traffic stops, 2013: Population stopped and reason for stop Population stopped White Black Blacks were over 3.5 times as likely as whites to be stopped. 1 in 2 1 in 8 Reason for stop 68% 43% 32% FERGUSON, MISSOURI A suburb of St. Louis, Missouri, Ferguson had a population of just over 21,000 in 2013. Though African Americans comprised 63% of the city’s driving-age population in that year, they accounted for 86% of drivers stopped by Ferguson police.8 That amounted to almost one stop for every two black adults in Ferguson, versus just over one stop for every eight white adults. Ferguson police cited various reasons for stopping black and white drivers. The majority of white drivers (68%) were stopped for a moving violation while the majority of black drivers (57%) were stopped for a license or equipment problem (41% and 16%, respectively). Research has shown that although blacks are more 6 The Sentencing Project White Black 58% 4% Moving Equipment and License 7% Investigative The majority of whites were stopped for a moving violation; the majority of blacks for an equipment or license problem. Blacks were also more likely to be stopped for investigative reasons. Source: Office of the Missouri Attorney General (2014). Racial Profiling Data/2013: Ferguson Police Department. Available at: http://ago. mo.gov/VehicleStops/2013/reports/161.pdf. Note: Because data are based on stops and not drivers, drivers with multiple stops are counted multiple times. Reasons for stops exceed 100% because some stops were made for multiple reasons. likely than whites to have vehicle code violations, this difference does not account for their disproportionate rates of stops for non-moving violations.9 Investigative stops – one of the most discretionary reasons for traffic stops – accounted for 7% of stops among black drivers in Ferguson, compared to 4% of stops among white drivers. Figure 2. Ferguson traffic stops: Population searched, contraband hit rate, and arrest rate, 2013 Population searched White 7% Black 12% Police searched a smaller proportion of white drivers than black drivers. Contraband hit rate White Black 22% 34% Once searched, whites were more likely to be caught carrying contraband such as drugs or guns. Arrest rate White Black 5% 10% Blacks were twice as likely as whites to be arrested during a traffic stop. Source: Office of the Missouri Attorney General (2014). Racial Profiling Data/2013: Ferguson Police Department. Available at: http:// ago.mo.gov/VehicleStops/2013/reports/161.pdf. compared to their white counterparts. Black drivers were more likely to have these warrants in part because of unpaid fines related to their disproportionate exposure to traffic enforcement. Municipalities such as Ferguson may have a fiscal incentive to focus law enforcement efforts on traffic violations and petty offenses. Court fines and fees have become a major source of revenue for certain municipal governments in St. Louis County – primarily those serving largely black populations with a high poverty rate.10 Court fines and forfeitures accounted for 20% of Ferguson’s operating revenue in 2013.11 To ensure collection of these court fines and fees, these municipalities have issued a high rate of arrest warrants. Ferguson outpaced all other cities in the region with more than 1,500 warrants per 1,000 people in 2013 – about four times the rate for the city of St. Louis.12 In the aftermath of protests in late summer 2014, the city of Ferguson announced reforms to cap the amount of revenue generated from such tickets.13 But that promise was short-lived. In December 2014, Ferguson’s finance director announced plans to increase revenues from fines to fill a budget deficit from its most recent fiscal year.14 NEW YORK CITY Policing in New York City took a dramatic turn in the After making a stop, Ferguson police searched 12% of 1990s under mayor Rudy Giuliani, with the launch black drivers in contrast to 7% of white drivers. Despite – of order-maintenance strategies known as “broken or as a result of – the high rate of stops and searches for windows” and “quality of life” policing. These approaches black drivers, police had a lower “contraband hit rate” seek to promote public safety by clamping down on petty when searching black drivers compared to white drivers. offenses and neighborhood disorder.15 With Michael They found contraband – primarily drugs and sometimes Bloomberg as mayor (2002weapons – on 22% of black 2013) and Raymond Kelly drivers who were searched and as police commissioner, the on 34% of white drivers who Officer Darren Wilson stopped Michael police also embarked on a Brown for jaywalking. Officer Daniel were searched. Pantaleo and his colleagues approached campaign to stop, question, Yet blacks were twice as likely Eric Garner for selling untaxed cigarettes. and frisk primarily male residents of neighborhoods as whites to be arrested during Disproportionate police contact with populated by low-income a traffic stop (10% versus 5%). people of color in these two very Two factors account for this different jurisdictions set the context for people of color – areas thought to have higher crime disparity. First, by searching these tragic deaths. rates. Many of these “stop and such a high proportion of frisk” encounters were initiated black drivers, officers found contraband on a similar share of black drivers as white with little legitimate rationale: officers noted “furtive drivers (but on a smaller proportion of black drivers that movements” as the reason for 44% of stops between 16 17 they searched). The more influential factor, though, was 2003 and 2013. While deemphasizing felony arrests, that black drivers were more likely to have arrest warrants these policies dramatically increased the volume of arrests Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 7 Figure 3. Summonses, misdemeanor arrests, stop and frisks, and felony arrests since 1993 800K 600K Summonses 400K Stop and frisks Misdemeanor arrests 200K Felony arrests 0 1993 1995 1997 1999 2001 2003 2005 2007 2009 2011 2013 Source: Ryley, S., Bult, L., & Gregorian, D. (2014). Exclusive: Daily News Analysis Finds Racial Summons for Minor Violations in ‘Broken Windows’ Policing. New York Daily News. Available at: http://www.nydailynews.com/new-york/summons-broken-windows-racial-disparity-garnerarticle-1.1890567. Note: Stop and frisks are shown beginning in 2002, the year in which these data became readily available. for misdemeanor offenses, of summonses for violations of the administrative code (such as public consumption of alcohol, disorderly conduct, and bicycling on the sidewalk), and of investigative police encounters with innocent people. Men of color have borne the brunt of these policies. Men have been over four times as likely as women to be arrested for a misdemeanor in New York City since 1980.18 Between 2001 and 2013, 51% of the city’s population over age 16 was black or Hispanic. Yet during that period, 82% of those arrested for misdemeanors were black or Hispanic, as were 81% of those who received summonses.19 The racial composition of stop and frisks was similar.20 Commissioner William Bratton played a crucial role in implementing “broken windows” policies when he led the city’s transit police in 1990 and during his first tenure as police commissioner under Mayor Rudy Giuliani, from 1994 to 1996. Now reappointed, Bratton and Mayor Bill de Blasio remain committed to this style of ordermaintenance policing, with Bratton touting its efficacy and explaining that its racial disparities result from targeting communities and populations with higher violent crime rates.21 In response to the outcry following Garner’s 8 The Sentencing Project death, Bratton has announced plans to retrain officers on appropriate use of force during these encounters. Yet research shows that order-maintenance strategies have had only a modest impact on serious crime rates. New York City experienced a dramatic crime drop during its period of rising misdemeanor arrests and summonses: the city’s homicide rate declined by 73% between 1990 and 2000.22 But this was not unique; other large cities including Seattle and San Diego have achieved similar reductions in crime since their crack-era crime peaks.23 Although an early study found that New York City precincts with higher levels of misdemeanor arrests experienced greater drops in serious crimes,24 a flawed research design makes this conclusion unreliable25 and few other studies have reached the same conclusion.26 More recent studies have found that high misdemeanor arrest volume,27 high summons volume,28 and other factors,29 have had only a modest association or no association at all30 with the city’s violent crime drop. “Stop and frisk” activity has also been shown to have no impact on precincts’ robbery and burglary rates.31 Therefore, while order-maintenance policing demands a substantial share of public funds, there is limited evidence to support its efficacy and great cause for concern about its impact.32 Figure 4. Racial composition of New York City population, summonses, and misdemeanor arrests, 2001-2013 White 36% Population over age 16 Summonses 14% Misdemeanor arrests 13% Latino Population over age 16 26% Summonses 35% 34% Misdemeanor arrests Black Population over age 16 Summonses Misdemeanor arrests 25% 46% 48% Source: Data retrieved from Chauhan, P., Fera, A. G., Welsh, M. B., Balazon, E, & Misshula, E. (2014). Trends in Misdemeanor Arrests in New York. New York, NY: John Jay College of Criminal Justice. Available at: http://www.jjay.cuny.edu/web_images/10_28_14_TOCFINAL.pdf (pp. 25–7); Ryley, S., Bult, L., & Gregorian, D. (2014). Exclusive: Daily News Analysis Finds Racial Summons for Minor Violations in ‘Broken Windows’ Policing. New York Daily News. Available at: http://www.nydailynews.com/new-york/summons-broken-windows-racial-disparity-garnerarticle-1.1890567. Note: Summons and misdemeanor arrest data are based on incidents rather than individuals: individuals with multiple arrests and summonses are counted multiple times. Summons data did not include age breakdown and are drawn from approximately 30% of cases that provided race information. Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 9 II. A CASCADE OF RACIAL DISPARITIES THROUGHOUT THE CRIMINAL JUSTICE SYSTEM Compared to nationwide trends, Ferguson’s and “traffic-safety stops” (reactive stops used to enforce New York’s racial disparities in policing are in some traffic laws or vehicle codes) and “investigatory stops” (proactive stops used to investigate drivers deemed ways representative and in others anomalous. 38 In recent years, nearly equal proportions of blacks, whites, and Latinos in the United States have reported being stopped by the police while on foot or in their cars.33 But the causes and outcomes of these stops still differ by race, and staggering racial disparities in rates of police stops persist in certain jurisdictions.34 These disparities snowball as individuals traverse the criminal justice system. Blacks were 31% more likely and Hispanics were 6% more likely than whites to report a recent traffic stop in 2011, although in other recent years a similar proportion of blacks, Latinos, and whites have reported experiencing these stops.35 Ferguson and New York are two of many jurisdictions where traffic and pedestrian stops still differ significantly by race. A recent investigation of the rates at which the Boston Police Department observed, stopped, interrogated, frisked, or searched individuals without making an arrest found that blacks comprised 63% of these police-civilian encounters between 2007 and 2010, although they made up 24% of the city’s population.36 Similar trends have led approximately 20 cities across the country to enter into consent decrees or memoranda of understanding with the Department of Justice to reduce excessive force and/or protect the public’s civil rights, and several other cities are currently under investigation.37 A closer look at the causes of traffic stops reveals that police are more likely to stop black and Hispanic drivers for discretionary reasons. A study of police stops between 2003 and 2004 in Kansas City distinguished between 10 The Sentencing Project suspicious). The authors found that rates of trafficsafety stops did not differ by the driver’s race, but rates of investigatory stops did, and did so significantly. While these differences persisted for all ages, they were sharpest among drivers under age 25: among these drivers, 28% of black men had experienced an investigatory traffic stop, as had 17% of black women, 13% of white men, and 7% of white women. Class differences did not fully explain this racial disparity: black drivers under age 40 were over twice as likely as their Figure 5. Rates of investigatory traffic stops among Kansas City drivers under age 25, 2003-2004 Men Black 28% White 13% Women Black White 17% 7% Source: Epp, C. R., Maynard-Moody, S., & Haider-Markel, D. P. (2014). Pulled Over: How Police Stops Define Race and Citizenship. Chicago, IL: The University of Chicago Press (p. 67). white counterparts to experience investigatory stops for both the highest- and lowest-valued cars. Traffic-safety stops, the researchers concluded, are based on “how people drive,” whereas investigatory stops are based on “how they look.” policies is that 49% of African American men reported having been arrested by age 23, in contrast to 38% of their non-Hispanic white counterparts.42 The next section of this briefing paper will examine how much of this disparity stems from differential crime rates. Nationwide surveys also reveal disparities in the outcomes The nature of police encounters also differs substantially of police stops. Once pulled over, black and Hispanic for people of color compared to whites. Several surveys drivers were three times conducted between 2002 and as likely as whites to be 2008 have shown that Hispanics searched (6% and 7% versus Once arrested, people of color are also were up to twice as likely and 2%) and blacks were twice as likely to be charged more harshly than blacks were up to three times likely as whites to be arrested whites; once charged, they are more likely as likely as whites to experience during a traffic stop.39 These to be convicted; and once convicted, they physical force or its threat during patterns hold even though are more likely to face stiff sentences – their most recent contact with police officers generally the police.43 More broadly, when all after accounting for relevant legal have a lower “contraband differences such as crime severity and a 1999 Gallup survey asked hit rate” when they search Americans about perceptions criminal history. black versus white drivers.40 of police brutality in their neighborhoods, 58% of people A recent investigation of all arrests – not just those of color said police brutality took place in their area, in resulting from traffic stops – in over 3,500 police contrast to only 35% of whites.44 Police officers’ greater departments across the country found that 95% of use of discretion when stopping people of color suggests departments arrested black people at a higher rate than that differences in drivers’ behavior alone are unlikely to other racial groups.41 The cumulative effect of these account for disparities in use of force. Figure 6. Lifetime likelihood of imprisonment for those born in 2001 All Men White Men 1 in 9 1 in 17 1 in 3 1 in 6 All Women White Women Black Women Latina Women 1 in 56 1 in 111 1 in 18 1 in 45 Black Men Latino Men Source: Bonczar, T. (2003). Prevalence of Imprisonment in the U.S. Population, 1974-2001. Bureau of Justice Statistics. Available at: http://www.bjs.gov/content/pub/pdf/piusp01.pdf (p. 1). Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 11 People of color are therefore more likely than whites to be arrested – in part due to differences in crime rates but also due to differences in police policies and use of discretion. Once arrested, people of color are also likely to be charged more harshly than whites; once charged, they are more likely to be convicted; and once convicted, they are more likely to face stiff sentences – all after accounting for relevant legal differences such as crime severity and criminal history.45 A recent comprehensive scholarly review conducted by the National Research Council concluded that: Blacks are more likely than whites to be confined awaiting trial (which increases the probability that an incarcerative sentence will be imposed), to receive incarcerative rather than community sentences, and to receive longer sentences. Racial differences found at each stage are typically modest, but their cumulative effect is significant.46 12 The Sentencing Project If recent trends continue, one of every three black teenage boys can expect to go to prison in his lifetime, as can one of every six Latino boys – compared to one of every seventeen white boys. 47 Smaller but still substantial racial and ethnic disparities also persist among women. New York’s and Ferguson’s racial disparities in policing are therefore representative of many aspects of policecitizen encounters around the country. Moreover, policing is not the only stage of the justice system that produces unwarranted racial disparity. Disadvantage accumulates throughout the criminal justice process and contributes to the disproportionate presence of blacks and Latinos in prisons, jails, and under community supervision. The next section presents a closer examination of the causes of these racial disparities. III. CAUSES OF DISPARITIES Like an avalanche, racial disparity grows cumulatively as people traverse the criminal justice system. Figure 7. Homicides by race of offender and victim,1980-2008 The roots of this disparity precede criminal justice 50% contact: conditions of socioeconomic inequality Black on black contribute to higher rates of certain violent and property White on white 40% crimes among people of color. But four features of the justice system exacerbate this underlying disparity: First, 30% a variety of ostensibly race-neutral criminal justice policies in fact have a disparate racial impact. Second, 20% implicit racial bias leads criminal justice practitioners 10% to punish people of color more severely than whites. Black on white Third, resource allocation decisions disadvantage White on black 0% low-income defendants, who are disproportionately 1980 1985 1990 1995 2000 2008 people of color. Finally, criminal justice policies exacerbate socioeconomic inequalities by imposing Source: Cooper. A. & Smith, E. L. Homicide Trends in the United States, collateral consequences on those with criminal records 1980-2008. Bureau of Justice Statistics. Available at: http://www.bjs. gov/content/pub/pdf/htus8008.pdf (p. 13, Figure 19). and by diverting public spending away from preventative measures. This section first examines the role of differential crime rates before discussing inequities • Higher rates of geographically concentrated created by the criminal justice system. socioeconomic disadvantage contribute to higher rates of certain violent and property crimes among African DIFFERENTIAL CRIME RATES Americans.50 In 2012, African Americans represented 13% of the U.S. population. But African Americans People of color are more likely than whites to experience comprised 39% of arrests for violent crimes (49% economic disadvantage that is compounded by racial for murder and nonnegligent manslaughter) and 29% inequality. These forces erode economic and social of arrests for property crimes. Information gathered buffers against crime and contribute to higher rates from victimization surveys and self-reports of of certain violent and property crimes – but not drug criminal offending suggest that, especially for certain offenses – among people of color. violent crimes and to a lesser extent for property crimes, the race of those arrested resembles those • Blacks and Latinos constituted half of the jail of the people who have committed these crimes.51 population in 2013.48 In 2002, 44% of people in jail Blacks and Hispanics are also more likely than whites lacked a high school degree. In the month prior to be victims of property and violent crimes.52 The to their arrest, 29% were unemployed, and 59% overall homicide rate for blacks was 6.2 times higher reported earning less than $1000/month.49 than for whites in 2011.53 Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 13 Figure 8. Illicit drug use in past month among persons aged 12 or older, by race/ ethnicity, 2002-2013 12% Black White 8% Latino How much of the racial disparity in the prison population stems from crime rates, and how much is produced by the criminal justice system? In recent decades, a number of leading scholars, including Alfred Blumstein and Michael Tonry, have sought to quantify these effects. Over various time periods, these studies concluded that between 61% and 80% of black overrepresentation in prison is explained by higher rates of arrest (as a proxy for involvement in crime).56 The remainder might be caused by racial bias, as well as other factors like differing criminal histories.57 Several important nuances, described next, help to interpret these results. Estimates of the extent to which differential crime rates account for disparities in imprisonment rates vary significantly by offense type and geography. In comparing the demographics of the prison population with arrestees, 0 these studies have shown that the least racial disparity 2002 2004 2006 2008 2010 2012 exists for the most serious offenses and that the most exists for the least serious offenses (for which arrest rates Source: U.S. Department of Health and Human Services (2013). are also poor proxies for criminal involvement). This is Results from the 2013 Survey on Drug Use and Health: Summary of National Findings. Available at: http://www.samhsa.gov/ because criminal justice practitioners can exercise greater data/sites/default/files/NSDUHresultsPDFWHTML2013/Web/ discretion with less serious crimes. Scholars have also NSDUHresults2013.pdf (Figure 2.12). noted that there is wide variation among states in the degree to which arrest disparities explain incarceration • Drug offending does not differ substantially by race. disparities.58 Surveys by federal agencies show that both recently and historically, whites, blacks, and Hispanics have The overall conclusion of these studies is that racial used illicit drugs at roughly similar rates.54 Many differences in criminal offending explain a substantial, but studies also suggest that drug users generally purchase incomplete, portion of the racial differences in the prison drugs from people of the same race or ethnicity as population for non-drug crimes. If racial differences in them.55 Socioeconomic inequality does lead people crime rates do not fully account for the high proportion of color to disproportionately use and sell drugs of African Americans in prisons, what else is driving this outdoors, where they are more readily apprehended disparity? by police. But disparities in drug arrests are largely driven by the factors described later in this section. 4% 14 The Sentencing Project FOUR KEY SOURCES OF UNWARRANTED RACIAL DISPARITIES IN CRIMINAL JUSTICE OUTCOMES Myriad criminal justice policies that appear to be raceneutral collide with broader socioeconomic patterns to create a disparate racial impact. Policing policies and sentencing laws are two key sources of racial inequality. Police policies that cast a wide net in neighborhoods and on populations associated with high crime rates disproportionately affect people of color, as described in Sections I and II. Consequently, people of color are more likely to be arrested even for behavior that they do not engage in at higher rates than whites. This greater level of scrutiny also contributes to higher rates of recidivism among people of color. • Almost 1 in 3 people arrested for drug law violations is black, although drug use rates do not differ by race and ethnicity.59 An ACLU report found that blacks were 3.7 times more likely to be arrested for marijuana possession than whites in 2010.60 This disparity expands at later stages of the criminal justice system so that 57% of people in state prisons for drug offenses are people of color, even though whites comprise over two-thirds of drug users, and are likely a similar proportion of sellers.61 Myriad criminal justice policies that appear to be race-neutral collide with broader socioeconomic patterns to create a disparate racial impact. Figure 9. Racial disparities in marijuana use in past month and marijuana possession arrests, 2010 Usage rates 1.3 Blacks used marijuana at 1.3 times the rate of whites. 1. “Race Neutral” Laws & Policies 1) Disparate racial impact of ostensibly raceneutral policies and laws Arrest rates 3.7 Blacks were arrested for marijuana possession at 3.7 times the rate of whites. Source: Edwards, E. Bunting, W. Garcia, L. (2013). The War on Marijuana in Black and White. New York, NY: American Civil Liberties Union. Available at: https://www.aclu.org/files/ assets/1114413-mj-report-rfs-rel1.pdf (p. 47); U.S. Department of Health and Human Services (2011). Results from the 2010 Survey on Drug Use and Health: Detailed Tables. Available at: http://www. samhsa.gov/data/nsduh/2k10NSDUH/tabs/Sect1peTabs1to46. htm (Tbl. 1.28B). these zones coupled with high urban density has disproportionately affected residents of urban areas, and particularly those in high-poverty areas – who are largely people of color.62 A study in New Jersey found that 96% of persons subject to these enhancements in that state were African American or Latino. All 50 states and the District of Columbia have some form of drug-free school zone law. Sentencing laws that are designed to more harshly punish certain classes of offenses, or to carve out certain groups from harsh penalties, also often have a disparate impact on people of color. This occurs • Diversion programs and alternative courts disproportionately bar people of color from because of how sentencing laws interact with broader alternatives to incarceration because they frequently racial differences in our society and within the criminal disqualify people with past convictions.63 justice system. • Drug-free school zone laws mandate sentencing • “Three strikes and you’re out” and other habitual offender laws disproportionately affect people of enhancements for people caught selling drugs near color who are more likely to have criminal records. school zones. The expansive geographic range of Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 15 2. Bias in Discretion 2) Racial bias among criminal justice professionals more likely to pull over people of color for what researchers call investigatory stops. Once pulled over, blacks and Hispanics were three times as likely as whites to be searched, and blacks were twice as likely as whites to be arrested during a traffic stop. While most white Americans no longer endorse overt and traditional forms of prejudice associated with the era of Jim Crow racism – such as beliefs about the biological inferiority of blacks and support for • Prosecutors: Prosecutors are more likely to charge people of color with crimes that carry heavier segregation and discrimination – a nontrivial proportion sentences than whites.70 Federal prosecutors, continue to express negative cultural stereotypes of for example, are twice as likely to charge African blacks.64 Even more common among most white Americans with offenses that carry mandatory Americans, and many people of color, is implicit minimum sentences than otherwise-similar racial bias: unintentional and unconscious racial biases whites. State prosecutors are also more likely to that affect decisions and behaviors. Psychological charge black rather than similar white defendants experiments have shown that these biases are pervasive under habitual offender laws. in our society, and are held even by people who disavow 65 overt prejudice. Implicit racial biases also permeate the work of criminal justice professionals and influence • Judges: Judges are more likely to sentence people of color than whites to prison and jail and to give the deliberation of jurors.66 them longer sentences, even after accounting for differences in crime severity and criminal history.71 In experimental research such as video simulated In federal cases, the sentencing disparities between shooter studies, subjects are asked to quickly identify noncitizens and citizens are even larger than and shoot armed suspects, or to press another button those between people of color to not shoot unarmed suspects. and whites.72 The race penalty, Participants more quickly and Studies of criminal justice research from the 1990s revealed, accurately decided to shoot outcomes also reveal that implicit is harshest for certain categories an armed target when that biases influence the decisions of of people and offenses: it person was African American, criminal justice professionals. particularly affects men and the but more quickly and young, and is more pronounced accurately chose not to shoot 67 for less serious offenses. In effect, young black if the unarmed target was white. When researchers men are perceived as being more dangerous because conducted this study with a predominantly white group of their race and socioeconomic characteristics. of Denver-based police officers, they found that the officers were less likely than the general public to mistakenly shoot at black unarmed suspects.68 However, • Other members of the courtroom work group: Unconscious racial bias has been found in many officers more quickly shot at armed black suspects than other corners of the criminal justice system. A at armed white suspects. The researchers concluded study in Washington state found that in narrative that while these officers exhibited bias in their speed reports used for sentencing, juvenile probation to shoot, their experience and training reduced bias in officers attributed the problems of white youth to their decision to shoot.69 their social environments but those of black youth to their attitudes and personalities.73 Defense Studies of criminal justice outcomes also reveal attorneys may exhibit racial bias in how they that implicit biases influence the decisions of criminal triage their heavy caseloads.74 Racially diverse justice professionals. Researchers have analyzed the juries deliberate longer and more thoroughly than extent to which implicit bias affects the work of police all-white juries, and studies of capital trials have officers, prosecutors, judges, and other members found that all-white juries are more likely than of the courtroom work group. racially diverse juries to sentence individuals to • Police: As described in Sections I and II, many death.75 Studies of mock jurors have even shown jurisdictions continue to experience significant that people exhibited skin-color bias in how they racial disparities in police stops. Police have been evaluated evidence: they were more likely to view 16 The Sentencing Project ambiguous evidence as indication of guilt for darker skinned suspects than for those who were lighter skinned.76 Finally, an investigation of disparities in school discipline – including rates of out-ofschool suspensions and police referrals – led the Departments of Education and Justice to declare that the substantial racial disparities in school discipline “are not explained by more frequent or more serious misbehavior by students of color,” but suggest racial discrimination.77 3) Resource allocation decisions that disadvantage low-income people Key segments of the criminal justice system are underfunded, leading to worse outcomes for lowincome defendants, who are disproportionately people of color. Moreover, many criminal justice policies and practices disadvantage people with limited resources. • Most states inadequately fund their indigent defense programs. While there are many highquality public defender offices, in far too many cases indigent individuals are represented by public defenders with excessively high caseloads, or by assigned counsel with limited experience in criminal defense. 3. Economic Disadvantages • Certain policies disadvantage lower income individuals, who are disproportionately people • Over 60% of people in jail are being detained of color. Examples include risk assessments that prior to trial.78 Pretrial detention has been shown give preference to employed people, or probation to increase the odds of or parole requirements conviction, and people who to report at locations Key segments of the criminal are detained awaiting trial where there is little public are also more likely to accept justice system are underfunded... transportation. less favorable plea deals, to Moreover, many criminal justice Due to limitations in be sentenced to prison, and policies and practices disadvantage • publicly funded treatment to receive longer sentences. defendants with limited resources. options, there are fewer Seventy percent of pretrial sentencing alternatives releases require money available to low-income defendants, who cannot bond, an especially high hurdle for low-income afford to pay for treatment programs as an defendants, who are disproportionately people of 79 alternative to confinement. color. Blacks and Latinos are more likely than whites to be denied bail, to be set a higher money bond, and to be detained because they cannot pay • Community supervision and reentry programs are underfunded, with too many parole and their bond. They are often assessed to be higher probation systems offering supervision with little safety and flight risks because they are more likely to support. experience socioeconomic disadvantage and to have criminal records. Implicit bias also contributes to people of color also faring worse than comparable whites in bail determinations. Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 17 4. Excessive Punishment 4) Criminal justice policies that exacerbate socioeconomic inequalities Because the criminal justice system is an institution that primarily reacts to – rather than prevents – crime, it is ill-equipped to address many of the underlying causes of crime. But mass incarceration’s hold on vast public resources and the obstacles erected for people with criminal records further erode the economic and social buffers that prevent crime. heightened surveillance, these obstacles contribute to three of four people released from prison arrested within 5 years, and half being re-imprisoned.82 Mass incarceration’s hold on vast public resources and the obstacles erected for people with criminal records further erode the economic and social buffers that prevent crime. • Reentry is obstructed by the collateral consequences of a criminal conviction. A criminal • Excessive spending on criminal justice programs record creates overwhelming odds against securing limits public funds that can be allocated to crime steady employment.80 Moreover, those with felony prevention and drug treatment. Because of their drug convictions are disqualified from receiving higher rates of incarceration, victimization, and federal cash assistance, food stamps, and publicly poverty, people of color are disproportionately subsidized housing in many areas.81 Combined with affected by these shortcomings in policy. These four features have created an unequal justice system. They contribute to blacks’ and Latinos’ high rates of contact with the police and disadvantage them throughout the criminal justice process. Excessive levels of control and punishment, particularly for people of color, are not advancing public safety goals and are damaging families and communities.83 Consequently, although people of color experience more crime than whites, they are less supportive than whites of punitive crime control policies.84 The best practices described in the following section are drawn from the following sources, unless otherwise stated: The Sentencing Project (2008). Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers. Washington, D.C. Available at: http://www.sentencingproject.org/doc/ publications/rd_reducingracialdisparity.pdf (pp. 11–57); Hoytt, E. H., Schiraldi, V., Smith, B. V., & Ziedenberg, J. (2001). Reducing Racial Disparities in Juvenile Detention (2001). Baltimore, MD: Annie E. Casey Foundation. Available at: http://www.aecf.org/m/resourcedoc/aecf-Pathways8reducingracialdisparities-2001.pdf; Shoenberg, D. (2012). Innovation Brief: Reducing Racial and Ethnic Disparities in Pennsylvania. Chicago, IL: MacArthur Foundation. Available at: http://www.modelsforchange.net/publications/351; National Association of Counties (2011). Juvenile Detention Reform: A Guide for County Officials, Second Edition. Available at: http://www.aecf.org/m/resourcedoc/aecf-JuvDetentionReformForCountyOfficials-2011.pdf; New York University Journal of Legislation and Public Policy (2013). 16(4). Available at: http://www.nyujlpp.org/issues/ volume-16-number-4/.] 18 The Sentencing Project IV. BEST PRACTICES FOR REDUCING RACIAL DISPARITIES Jurisdictions around the country have implemented reforms to address these sources of inequality. This section showcases best practices from the adult and juvenile justice systems. In many cases, these reforms have produced demonstrable results. treat these cases as non-criminal offenses subject to a fine rather than jail time.89 Yet experts worry that this policy does not go far enough to remedy unfair policing practices and may still impose problematic consequences on those who are ticketed.90 Through careful data collection and analysis of racial disparities at various points throughout the criminal justice system, police departments, prosecutor’s offices, • Several school districts have enacted new school courts, and lawmakers have been able to identify and disciplinary policies to reduce racial disparities address sources of racial bias. in out-of-school-suspensions and police referrals. Reforms at Florida’s Miami-Dade and Broward Revise policies with disparate racial impact: County Public Schools have cut school-based arrests Seattle; New York City; Florida’s Miami-Dade and Broward by more than half in five years and significantly County Public Schools; Los Angeles Unified School District reduced suspensions.91 In Los Angeles, the school • After criticism and lawsuits about racial disparities district has nearly eliminated police-issued truancy in its drug law enforcement, some precincts in and tickets in the past four years and has enacted new around Seattle have implemented a pre-booking disciplinary policies to reduce reliance on its school diversion strategy: the Law Enforcement police department.92 School officials will now deal 85 Assisted Diversion program. The program gives directly with students who deface property, fight, or police officers the option of transferring individuals get caught with tobacco on school grounds. Several arrested on drug and prostitution charges to social other school districts around the country have services rather than sending them deeper into the begun to implement similar reforms. criminal justice system. 1. “Race Neutral” Laws & Policies 1) REVISE POLICIES AND LAWS WITH DISPARATE RACIAL IMPACT Revise laws with disparate racial impact: • Successful litigation and the election of a mayor with Federal; Indiana; Illinois; Washington, D.C. a reform agenda effectively curbed “stop and frisk” • The Fair Sentencing Act (FSA) of 2010 reduced policing in New York City.86 Mayor Bill de Blasio from 100:1 to 18:1 the weight disparity in the vowed that his administration would “not break the amount of powder cocaine versus crack cocaine law to enforce the law” and significantly curbed a that triggers federal mandatory minimum sentences. policy that was described by a federal judge as one If passed, the Smarter Sentencing Act would apply of “indirect racial profiling.”87 Thus far, the reform these reforms retroactively to people sentenced has not had an adverse impact on crime rates.88 In a under the old law. California recently eliminated related effort to address disparities in enforcement, the crack-cocaine sentencing disparity for certain the New York City Police Department stated it offenses, and Missouri reduced its disparity. would no longer make arrests for possession of Thirteen states still impose different sentences for small amounts of marijuana but would instead crack and cocaine offenses.93 Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 19 1. “Race Neutral” Laws & Policies • Indiana amended its drug-free school zone sentencing laws after the state’s Supreme Court began reducing harsh sentences imposed under the law and a university study revealed its negative impact and limited effectiveness. The reform’s components included reducing drug-free zones from 1,000 feet to 500 feet, eliminating them around public housing complexes and youth program centers, and adding a requirement that minors must be reasonably expected to be present when the underlying drug offense occurs. Connecticut, Delaware, Kentucky, Massachusetts, New Jersey, and South Carolina have also amended their laws.94 • Officials in Clayton County, Georgia reduced school-based juvenile court referrals by creating a system of graduated sanctions to standardize consequences for youth who committed lowlevel misdemeanor offenses, who comprised the majority of school referrals. The reforms resulted in a 46% reduction in school-based referrals of African American youth. Anticipate disparate impact of new policies: Iowa; Connecticut; Oregon; Minnesota • Iowa, Connecticut, and Oregon have passed legislation requiring a racial impact analysis before codifying a new crime or modifying the • Through persistent efforts, advocates in Illinois criminal penalty for an existing crime. Minnesota’s secured the repeal of a 20-year-old law that required sentencing commission electively conducts this the automatic transfer to adult court of 15- and analysis. This proactive approach of anticipating 16-year-olds accused of certain drug offenses disparate racial impact could be extended to local within 1,000 feet of a school or public housing. laws and incorporated into police policies. A broad coalition behind the reform emphasized that the law was unnecessary and racially biased, Revise risk assessment instruments: causing youth of color to comprise 99% of those Multnomah County, OR; Minnesota’s Fourth Judicial District automatically transferred. • Following a campaign that emphasized disparate • Jurisdictions have been able to reduce racial disparities in confinement by documenting racial enforcement of the law, a ballot initiative racial bias inherent in certain risk assessment in Washington, D.C. may legalize possession of instruments (RAI) used for criminal justice small amounts of marijuana in the district.95 decision making. The development of a new RAI Address upstream disparities: in Multnomah County, Oregon led to a greater than New York City; Clayton County, GA 50% reduction in the number of youth detained and a near complete elimination of racial disparity • The District Attorney of Brooklyn, New York in the proportion of delinquency referrals resulting informed the New York Police Department that he in detention. Officials examined each element of would stop prosecuting minor marijuana arrests the RAI through the lens of race and eliminated so that “individuals, and especially young people known sources of bias, such as references of color, do not become unfairly burdened and to “gang affiliation” since youth of color were stigmatized by involvement in the criminal justice disproportionately characterized as gang affiliates system for engaging in non-violent conduct that often simply due to where they lived. poses no threat of harm to persons or property.”96 • Following a two-year study conducted in • Similarly, a review of the RAI used in consideration of pretrial release in Minnesota’s Fourth Judicial partnership with the Vera Institute of Justice, District helped reduce sources of racial bias. Three Manhattan’s District Attorney’s office learned that of the nine indicators in the instrument were its plea guidelines emphasizing prior arrests found to be correlated with race, but were not created racial disparities in plea offers. The office significant predictors of pretrial offending or will conduct implicit bias training for its assistant failure to appear in court. As a result, these factors prosecutors, and is being urged to revise its policy were removed from the instrument. of tying plea offers to arrest histories.97 20 The Sentencing Project 2) ADDRESS IMPLICIT RACIAL BIAS AMONG CRIMINAL JUSTICE PROFESSIONALS officers disagree) that police treat whites better than people of color, and agree that police are more likely to use force against people of color than against whites.102 Yet a diverse police force alone is unlikely to remedy community-police relations. Studies have reached conflicting conclusions about the relationship between the race of officers and their likelihood of having used force.103 2. Bias in Discretion In its comprehensive review of implicit racial bias research, the Kirwan Institute for the Study of Race and Ethnicity concludes that “education efforts aimed at raising awareness about implicit bias can help debias individuals.”98 Their review describes a number of • Some jurisdictions in the United States and abroad offer improved models for preventing excessive debiasing strategies shown to reduce implicit racial bias use of force, investigating claims, and ensuring in both experimental and non-experimental settings. police accountability. Connecticut, Maryland, and These include providing exposure to counter-stereotypic Wisconsin have passed laws requiring special imagery, increasing inter-racial contact and diversity, prosecutors to handle cases of police misconduct and monitoring outcomes to increase accountability. in order to address the potential conflict of interest This section examines recent proposals to reduce bias when local district attorneys prosecute the law in policing, as well as how jurisdictions have mitigated enforcement officials with whom they work daily.104 the negative impact of implicit bias in later stages of France and Spain have similar laws, requiring the justice system by establishing objective guidelines independent investigating magistrates for cases to standardize decision making, ensuring that decisioninvolving police use of deadly force.105 Given the makers have access to the most complete information considerable leeway given to police on when to use possible, and providing training on racial bias. force within the “objectively reasonable” standard Address bias and excessive use of force set forth by the Supreme Court,106 it is important among police officers: to create clear guidelines that curb excessive use Connecticut; Maryland; Wisconsin; Austin, TX of force. Germany, for example, provides strict limitations on the use of force for petty offenses.107 In addition to reducing excessive police contact, A case study of the Austin Police Department police departments must also improve the nature of recommends a use of force policy that contains this contact to curb excessive use of force. Because clear deadly force and less-lethal force guidelines, of their training and experience, police officers are extensive police training in all force options, and less likely than the general public to mistakenly shoot an early warning system for identifying problem at black unarmed suspects in experimental settings, officers.108 Once officers are deemed unqualified by and exhibit less bias in their response times.99 But it is their commanders, a process should be established unclear how these lab-based outcomes translate to realto remove problem officers and prevent those world scenarios. Simulation studies have underscored with a history of misconduct from transferring the challenges in using officer training – especially to other departments.109 In addition, an exposure to counter-stereotypic imagery – to reduce independent civilian review board with the power racial bias in police officers’ response times.100 Research to discipline officers should be established to on many recently proposed reforms to reduce racial oversee complaints filed by the public. bias in policing has been limited and mixed: • Many police departments have struggled to • There is currently growing interest in the potential for body cameras worn by officers to reduce their recruit and retain persons of color in their excessive use of force and increase accountability. ranks. Underrepresentation of people of color Following the fatal police shooting in Ferguson, presents a barrier to building relationships with the Missouri, President Obama has pledged to allocate communities they are sworn to serve.101 Survey data $75 million to the purchase of 50,000 body suggest that black officers may be more mindful cameras.110 Research on the effectiveness of these than white officers of biased policing. A majority cameras, however, is both limited and mixed. of black officers believe (and a majority of white Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 21 2. Bias in Discretion that minimized staff inconsistencies, while There is some evidence that body cameras can encouraging youth sanctions other than secure reduce use of force by police, assaults on officers, detention. The changes resulted in an immediate and citizen complaints, by changing either police reduction in the detention population and were part or citizen behavior.111 Yet as the non-indictment of of a broader effort that largely eliminated the racial NYPD officer Daniel Pantaleo for Eric Garner’s disparity in the proportion of referrals resulting in death suggests, video footage of excessive police detention. force does not ensure accountability. Meanwhile, this technology has raised concerns that body cameras may intrude on citizen privacy and exacerbate • When making bail determinations in Saint Louis County, Minnesota, judges did not have access trauma among victims of crimes and accidents. Yet to a defendant’s bail report, which contained a number of civil rights organizations, including important personal background information, the American Civil Liberties Union, have generally and relied exclusively on the name of the person expressed support for the use of body cameras, arrested, the current charge, and the person’s provided that they are governed by strict privacy prior criminal history in the state. Local officials policies.112 This year, Los Angeles will become the perceived the system to be biased against people of first major U.S. city to implement body camera color, releasing whites on their own recognizance technology widely.113 twice as often as other racial groups, and imposing money bond on African Americans more often Eliminate racial disparities in charging and in a greater amount than on whites. Racial decisions: Milwaukee County, WI; Mecklenburg County, NC; San Diego disparities remained even when controlling for County, CA offense severity level, number of felony charges, and the defendant’s criminal history. Changes were • The Vera Institute of Justice’s Prosecution and made so that in all felony cases, judges only made Racial Justice program has worked with various bail determinations once a bail report had been jurisdictions to reduce unwarranted racial and provided. The judges also received training on best ethnic disparities caused by prosecutorial decision practices in making bail determinations. making. In Milwaukee, prosecutors previously filed drug paraphernalia charges against 73% of Address potential bias among jurors: black suspects but only 59% of white suspects.114 Northern District of Iowa; North Carolina The prosecutor’s office was able to eliminate these disparities by reviewing data on outcomes, • U.S. District Court Judge Mark W. Bennett spends 25 minutes discussing implicit bias with the stressing diversion to treatment or dismissal, potential jurors in his court.115 He shows video clips and requiring attorneys to consult with supervisors that demonstrate bias in hidden camera situations, prior to filing such charges. gives specific instructions on avoiding bias, and asks Establish objective criteria and guidelines for jurors to sign a pledge. Although the impact of this decision making: approach has not been measured, mock jury studies Dorchester, MA; Multnomah County, OR; Saint Louis have shown that increasing the salience of race and County, MN making jurors more conscious of their biases reduces biased decision making.116 • In Dorchester, 52% of people of color arrested in a school zone for a drug crime received an enhanced • North Carolina’s Racial Justice Act enabled charge, while only 15% of whites received such a commutation of death sentences based on statistical charge. Based on these findings, judicial leadership evidence that race had played a role in sentencing. worked with police and prosecutors to develop Four death sentences were commuted to life without guidelines to more fairly handle school zone parole. But as a result of divisive state politics on cases. the issue, the legislature subsequently repealed the law. • Similarly, Multnomah County instituted a “sanctions grid” for probation violations 22 The Sentencing Project 3) REALLOCATE RESOURCES TO CREATE A FAIR PLAYING FIELD Investing in alternatives to incarceration and limiting the financial outlays required from defendants have helped to reduce the disadvantage of low-income people of color in the criminal justice system. Increase pretrial release: New Jersey; Cook County, IL to improve case outcomes for youth of color. The unit consisted of two paralegals who interviewed detained youth prior to their custody hearings. The paralegals helped add a larger social narrative to the court process by checking on community ties and stressing to families the importance of attending the custody hearing. Establish alternatives to incarceration for low-income individuals: Berks County, PA; Illinois; Rock County, WI; Union County, in pretrial release decisions. • Appointed counsel is under-resourced and often struggles to gather information supporting pretrial release to present at custody or bail hearings. The Cook County Public Defender’s Office established the Detention Response Unit in 1996 3. Economic Disadvantages • In 2014, New Jersey reformed its bail system to NC emphasize risk assessment over monetary • In Berks County, PA, officials were able to reduce bail in pretrial release decisions. Previously, all the number of youth in secure detention – most defendants were detained based on their ability of whom were youth of color – by 67% between to post bail, regardless of their risk level. The 2007 and 2012 in part by increasing reliance on new set of laws, which includes a constitutional alternatives. These included non-secure shelters amendment approved by voters, expands judicial for youth who cannot safely return home but did discretion to set the terms of pretrial release and not require locked detention, evening reporting provides judges with broader nonmonetary centers, electronic monitoring, and expanded use pretrial release options. Judges may now release of evidence-based treatment programs. Because lower-risk indigent individuals who cannot afford many of these youth had committed technical bail and may deny pretrial release for high-risk violations of their probation terms, this broader individuals.117 All defendants will undergo a risk range of alternatives made it possible to keep them assessment before their bail hearing and monetary out of detention without harming public safety. bail may only be set if it is determined that no other conditions of release will assure their appearance in • In 2004, Illinois expanded alternative community court. In addition, the legislation established time programs and decreased reliance on detention. limits to ensure more speedy trials and guarantees By 2007, detentions had been reduced by 44% defendants the right to counsel at their pretrial across the state’s four pilot sites. The sites created detention hearings.118 a wide variety of programs, including Aggression Replacement Training, Functional Family Therapy, a community restorative board, teen court, and In 2014, New Jersey reformed substance abuse treatment. For every $1 spent on its bail system to emphasize risk the programs, $3.55 in incarceration costs were assessment over monetary bail avoided. • Other jurisdictions have reduced the proportion of youth of color in detention by adopting graduated sanctions for probation violations. In Rock County, WI, graduated sanctions and incentives for probation violators, such as Aggression Replacement Training and evening reporting, helped drop the percentage of youth of color in the total detention population from 71% Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 23 to 30%. Similarly, in Union County, NC, the use of graduated sanctions for youth who violated probation helped to decrease the representation of youth of color in the total detention population by 32%. 3. Economic Disadvantages Offer Spanish language resources: Maricopa County, AZ; Santa Cruz County, CA • Maricopa County significantly improved outcomes in the Driving Under the Influence (DUI) Court, by creating a separate Spanish-speaking court. The court achieved an 88% graduation rate, higher than the 66% rate for participants in English-speaking In 2004, Illinois expanded alternative community programs and decreased reliance on detention. 24 The Sentencing Project DUI court. Graduates of the DUI court have to complete at least 20 weeks of treatment, education, and counseling, reach 6 months of sobriety, and be attending school or employed. • Santa Cruz County’s probation department addressed difficulties of communicating with Latino families by increasing the number of Spanish-speaking staff to match the proportion of such youth at the detention center. The department also doubled the number of youth diversions by creating programs to meet the needs of Latino youth, designing programs to meet regional needs across the county, and expanding bilingual staff at a local community provider. Overall, these efforts helped lead to a 25% reduction in the average daily detention population, and a simultaneous 22% reduction in the Latino representation in the juvenile hall population. 4) REVISE POLICIES THAT EXACERBATE SOCIOECONOMIC INEQUALITIES AND REDIRECT PUBLIC SPENDING TOWARD CRIME PREVENTION AND DRUG TREATMENT While the criminal justice system is not well-positioned to address the socioeconomic inequality that contributes to differential crime rates, it should not aggravate these conditions.119 Advocates have had success in downsizing and redirecting criminal justice spending, increasing utilization of existing resources, and limiting the collateral consequences of criminal convictions. Expand and maximize utilization of available community resources: California; Pima County, AZ of 1964 if they uniformly administer “a criminal background check that disproportionately excludes people of a particular race, national origin, or other protected characteristic” when it is not related to the job or necessary for the business.121 To reduce barriers to employment for those with criminal records, many jurisdictions have passed laws or issued administrative orders to “Ban the Box” – or remove the question about conviction history from initial job applications and delay a background check until later in the hiring process.122 Twelve states – including Maryland, Illinois, and California – and 60 cities – including Atlanta and New York City – have passed these reforms. More broadly, 41 states and the District of Columbia have enacted some form of legislation to reduce collateral consequences.123 • Advocates have been urging states to end denial of federal cash assistance and food stamp benefits for people convicted in state or federal courts of felony drug offenses. These bans primarily affect low-income women of color.124 The 1996 Personal Responsibility and Work Opportunity Reconciliation Act that created the ban also permitted states to opt out or modify its terms. To date, 13 states have fully opted out of the cash assistance ban and nine from the food stamp ban. Others have opted out in part through smaller changes, such as making access dependent on type of drug offense or enrollment in treatment. • California voters in November 2014 approved Proposition 47, which reclassifies a number of lowlevel offenses from felonies to misdemeanors.120 This allows 10,000 incarcerated individuals to petition to have their sentences reduced. Moreover, a significant portion of projected state prison savings each year will be allocated to preventing crime from happening in the first place. This includes investments in mental health and substance abuse treatment, programs to reduce school truancy and prevent dropouts, and support for victim services. • In recent years, advocates have worked to address housing insecurity for persons with convictions. • Officials and community groups in Pima In 2011, the federal Department of Housing and County, AZ, helped to increase the utilization of Urban Development began urging public housing community resources by creating geocoded maps agencies to relax admission policies in an effort to identify communities with high proportions of to help people released from prison reunite with youth referred to detention and then developing their families.125 Litigation underway in Kansas City community asset maps to find available program and New York City strives to address exclusionary services for at-risk youth in those areas. housing policies in the private rental market.126 Numerous states and localities • A criminal record is a strong barrier to employment, and therefore to successful reentry. In 2012, the Equal Employment Opportunity Commission warned employers that they may be liable under Title VII of the Civil Rights Act • Since 1997, 23 states, including New Mexico, Rhode Island, and Virginia, have enacted reforms to expand voter eligibility for people with felony convictions.127 Felony disenfranchisement policies have had a disproportionate impact on communities of color, with black adults four times more likely to lose their voting rights than the rest of the adult population.128 4. Excessive Punishment Limit the collateral consequences of criminal convictions: Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 25 V. IMPLEMENTATION STRATEGIES AND METRICS FOR SUCCESS both laudable goals, but with potentially very different outcomes. Just as it is possible to reduce the absolute level of imprisonment without reducing racial disparity (for example, if both white and black incarceration rates were equally reduced), so is it possible to reduce racial All key decision-makers and interested parties – disparities without affecting incarceration levels (for policymakers, practitioners, community groups, and example, if the white incarceration rate rose while the formerly incarcerated individuals – should be included in black incarceration rate remained constant). the development and implementation of reforms. This A recent study of the juvenile justice system illustrates collective approach can identify sources of disparity, these dynamics. The National Council on Crime and develop solutions and Delinquency analyzed data weigh their costs, carry out from five geographically implementation, and establish A key question is whether an initiative diverse counties engaged in monitoring and accountability should be designed to reduce the total juvenile justice reform in the practices. Institutionalizing number of people of color in the justice period 2002–2012, a period reforms in this way can also system (in absolute count or as a rate) when the number of juveniles ensure that they are sustainably or the relative ratio of racial disparity (a in residential placement funded and implemented. In comparison of rates of contact with the nationally declined by about addition, public education can justice system). 40%. The study found that expand demand and support of the juveniles placed in for reforms. secure confinement during this period, the proportion Analyzing the impact of reforms to address racial who were youth of color increased from 12.4% in 2002 disparity within the justice system requires not only to 22.3% in 2012. While it is troubling that the racial access to comprehensive data, but also a framework for disparity has increased, there are nonetheless far fewer measuring success. A key question is whether an initiative African Americans (and whites) behind bars. From the should be designed to reduce the total number of people perspective of reducing the consequences of criminal of color in the justice system (in absolute count or as a justice control over people of color, such a development rate) or the relative ratio of racial disparity (a comparison has been constructive overall. of rates of contact with the justice system). These are Policymakers and practitioners can draw on lessons from these reforms to develop successful implementation strategies and sound evaluation metrics.129 26 The Sentencing Project VI. CONCLUSION Despite substantial progress in achieving racial justice in American society over the past half century, racial disparities in the criminal justice system have persisted and worsened in many respects. Among African American men born just after World War II, 15% of those without a high school degree were imprisoned by their mid-30s.130 For those born in the 1970s, 68% were imprisoned by their mid-30s. The country has made progress on these issues in recent years. New York and other large states have significantly reduced their prison populations131 and the juvenile justice system has reduced youth confinement and detention by over 40% since 2001.132 The racial gap in incarceration rates has begun to narrow133 and police departments in many cities are increasingly diverse.134 The Garner case has sensitized many white Americans to problems in the justice system, with 47% of whites nationwide and half in New York City stating that the officer should have been indicted.135 Finally, proper enforcement of the recently reauthorized Death in Custody Reporting Act can ensure accurate data on future police use of lethal force.136 But demonstrators have echoed Garner’s final words – “I can’t breathe” – and the message attributed to Brown – “hands up, don’t shoot” – in public protests because there is much left to do. As proven by the jurisdictions highlighted in this report, reforms can improve criminal justice outcomes by targeting the four key causes of racial disparity: disparate racial impact of laws and policies, racial bias in the discretion of criminal justice professionals, resource allocation decisions that disadvantage low-income people, and policies that exacerbate socioeconomic inequalities. We must now expand the scale and increase the speed of these efforts. Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 27 ENDNOTES 1 2 3 4 5 6 7 The actual number of police killings was about 45% higher than the FBI’s tally for the nation’s 105 largest police departments between 2007 and 2012, see: Barry, R. & Jones, C. (2014). Hundreds of Police Killings Are Uncounted in Federal Stats. The Wall Street Journal. Available at: http:// www.wsj.com/articles/hundreds-of-police-killings-areuncounted-in-federal-statistics-1417577504. See also: Fischer-Baum, R. (2014). Nobody Knows How Many Americans The Police Kill Each Year. FiveThirtyEight Politics. Available at: http://fivethirtyeight.com/features/how-manyamericans-the-police-kill-each-year; Klinger, D. (2014). On the Problems and Promise of Research on Lethal Police Violence: A Research Note. Homicide Studies, 16(1), 78–96. Bureau of Justice Statistics (2011). Arrest-Related Deaths, 2003-2009 - Statistical Tables. Available at: http://www.bjs. gov/content/pub/pdf/ard0309st.pdf (p. 6, Tbl. 6). In recent years, police officers have killed African American teenage boys at 21 times the rate of their white counterparts, according to an analysis of the FBI Supplementary Homicide Report, see: Gabrielson, R., Jones, R., & Sagara, E. (2014). Deadly Force, in Black and White. ProPublica. Available at: http://www.propublica.org/article/deadly-force-in-blackand-white. McKinley, J. & Baker, A. (2014). Grand Jury System, With Exceptions, Favors the Police in Fatalities. The New York Times. Available at: http://www.nytimes.com/2014/12/08/ nyregion/grand-juries-seldom-charge-police-officers-infatal-actions.html. Gibbons-Neff, T. (2014). Military Veterans See Deeply Flawed Police Response in Ferguson. The Washington Post. Available at: http://www.washingtonpost.com/news/ checkpoint/wp/2014/08/14/military-veterans-see-deeplyflawed-police-response-in-ferguson. Goldenberg, S., Pazmino, G., & Paybarah, A. (2014). Police Union Declares War on de Blasio After Murder of Officers. Capital. Available at: http://www.capitalnewyork. com/article/city-hall/2014/12/8558996/police-uniondeclares-war-de-blasio-after-murder-officers. Note that police deaths in the line of duty are at a historical low, see: Federal Bureau of Investigation (2014). FBI Releases 2013 Statistics on Law Enforcement Officers Killed and Assaulted, 2014. Available at: http://www.fbi.gov/sandiego/ press-releases/2014/fbi-releases-2013-statistics-on-lawenforcement-officers-killed-and-assaulted; National Law Enforcement Officers Memorial Fund (2014). Preliminary 2014 Law Enforcement Officer Fatalities Report. Washington, D.C. Available at: http://www.nleomf.org/assets/pdfs/ reports/Preliminary-2014-Officer-Fatalities-Report.pdf. U.S. Census Bureau (2014). State and County QuickFacts. Available at: http://quickfacts.census.gov/qfd/states/00000. html; Carson, E. (2014). Prisoners in 2013. Bureau of Justice Statistics. Available at: http://www.bjs.gov/content/pub/ pdf/p13.pdf (p. 8, Tbl. 7); Minton, T. & Golinelli, D. (2014). Jail Inmates at Midyear 2013 - Statistical Tables. Bureau of Justice Statistics. Available at: http://www.bjs.gov/content/ pub/pdf/jim13st.pdf (p. 6, Tbl. 2). Franklin, T. W. (2013). Sentencing Native Americans in US Federal Courts: An Examination of Disparity. Justice Quarterly, 30(2), 310–339; Wu, J. & Kim, D. (2014). The Model Minority Myth for Noncitizen Immigration Offenses and Sentencing Outcomes. Race and Justice, 4(4), 303–332; The Muslim American Civil Liberties Coalition, The Creating Law Enforcement Accountability and Responsibility Project, 28 The Sentencing Project 8 9 10 11 12 13 14 15 16 & The Asian American Legal Defense and Education Fund (2013). Mapping Muslims: NYPD Spying and its Impact on American Muslims. New York, NY. Available at: http:// www.law.cuny.edu/academics/clinics/immigration/clear/ Mapping-Muslims.pdf. Office of the Missouri Attorney General (2014). Racial Profiling Data/2013: Ferguson Police Department. Available at: http://ago.mo.gov/VehicleStops/2013/reports/161.pdf. Note that data limitations prevent calculating these figures for unique stops: drivers with multiple stops are counted multiple times. Epp, C. R., Maynard-Moody, S., & Haider-Markel, D. P. (2014). Pulled Over: How Police Stops Define Race and Citizenship. Chicago, IL: The University of Chicago Press (pp. 58–69). Better Together (2014). Public Safety – Municipal Courts. St. Louis, MO. Available at: http://www.bettertogetherstl. com/wp-content/uploads/2014/10/BT-Municipal-CourtsReport-Full-Report1.pdf; Downs, R. (2014). ArchCity Defenders: Meet the Legal Superheroes Fighting for St. Louis’ Downtrodden. Riverfront Times. Available at: http:// www.riverfronttimes.com/2014-04-24/news/arch-citydefenders-st-louis-public-advocacy/full; Balko, R. (2014). How Municipalities in St. Louis County, Mo., Profit from Poverty. The Washington Post. Available at: http://www. washingtonpost.com/news/the-watch/wp/2014/09/03/ how-st-louis-county-missouri-profits-from-poverty. Maciag, M. (2014). Skyrocketing Court Fines Are Major Revenue Generator for Ferguson. Governing. Available at: http://www.governing.com/topics/public-justice-safety/ gov-ferguson-missouri-court-fines-budget.html. Robles, F. (2014). Ferguson Sets Broad Change for City Courts. The New York Times. Available at: http://www. nytimes.com/2014/09/09/us/ferguson-council-looks-toimprove-community-relations-with-police.html. See also: ArchCity Defenders (2014). Municipal Courts White Paper. St. Louis, MO. Available at: http://s3.documentcloud.org/ documents/1279541/archcity-defenders-report-on-stlouis-county.pdf. Robles (2014), note 12 above. Smith, K. (2014). Ferguson to Increase Police Ticketing to Close City’s Budget Gap. Bloomberg. Available at: http:// www.bloomberg.com/news/2014-12-12/ferguson-toincrease-police-ticketing-to-close-city-s-budget-gap.html. Kelling, G. & Wilson, J. (1982). Broken Windows. The Atlantic. Available at: http://www.theatlantic.com/magazine/ archive/1982/03/broken-windows/304465/. On the missing link between perceptions of disorder and crime victimization rates, see: Harcourt, B. & Ludwig, J. (2006). Broken Windows: New Evidence from New York City and a Five-City Social Experiment. University of Chicago Law Review, 73(1), 271–321. For evidence of a link, see: Skogan, W. (1990). Disorder and Decline: Crime and the Spiral of Decay in American Neighborhoods. Berkeley, CA: University of California Press. For a critique, see: Harcourt, B. (2009). Illusion of Order: The False Promise of Broken Windows Policing. Cambridge, MA: Harvard University Press. On how order-maintenance of policing can disrupt informal order maintenance, see: Duneier, M., & Carter, O. (1999). Sidewalk. New York, NY: Farrar, Straus and Giroux. Dunn, C., LaPlante, S., & Carnig, J. (2014). Stop-and-Frisk During the Bloomberg Administration (2002-2013). New 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 York, NY: New York Civil Liberties Union. Available at: http:// www.nyclu.org/files/publications/08182014_Stop-andFrisk_Briefer_2002-2013_final.pdf (p. 3). Austin, J. & Jacobson, M. (2013). How New York City Reduced Mass Incarceration: A Model for Change? New York, NY: Vera Institute of Justice. Available at: http://www. brennancenter.org/sites/default/files/publications/How_ NYC_Reduced_Mass_Incarceration.pdf. Chauhan, P., Fera, A. G., Welsh, M. B., Balazon, E, & Misshula, E. (2014). Trends in Misdemeanor Arrests in New York. New York, NY: John Jay College of Criminal Justice. Available at: http://www.jjay.cuny.edu/web_images/10_28_14_TOCFINAL. pdf (pp. 25–7). Data retrieved from Chauhan et al. (2014), note 18 above; Ryley, S., Bult L., & Gregorian, D. (2014) Exclusive: Daily News Analysis Finds Racial Disparities in Summons for Minor Violations in ‘Broken Windows’ Policing. New York Daily News. Available at: http://www.nydailynews.com/ new-york/summons-broken-windows-racial-disparitygarner-article-1.1890567. Note that individuals with multiple arrests and summonses are counted multiple times in this calculation. Approximately 80% of all misdemeanor arrests were unique arrests in recent years, see: Chauhan et al. (2014), note 18 above (p. 16). New York Civil Liberties Union (2014). Stop-and Frisk Data. New York, NY. Available at: http://www.nyclu.org/content/ stop-and-frisk-data. Bratton, W. & Kelling, G. (2014). The Assault on ‘Broken Windows’ Policing. The Wall Street Journal. Available at: http://www.wsj.com/articles/william-bratton-andgeorge-kelling-the-assault-on-broken-windowspolicing-1418946183; Bratton, W. & Kelling, G. (2014). Why We Need Broken Windows Policing. City Journal. Available at: http://www.city-journal.org/2015/25_1_brokenwindows-policing.html. Baumer, E. & Wolff, K. (2014). Evaluating Contemporary Crime Drop(s) in America, New York City, and Many Other Places. Justice Quarterly, 31(1), 5–38. Baumer & Wolff (2014), note 22 above. Kelling, G. & Sousa, W. (2001). Do Police Matter? An Analysis of the Impact of New York City’s Police Reforms. New York, NY: Center for Civic Innovation at the Manhattan Institute. Available at: http://www.manhattan-institute.org/pdf/cr_22. pdf. Zimring, F. (2007). The Great American Crime Decline. New York, NY: Oxford University Press (p. 155); Harcourt & Ludwig (2006), note 15 above. See, for example: Messner, S. et al. (2007). Policing, Drugs, and the Homicide Decline in New York City in the 1990s. Criminology, 45(2), 385–414. Cerdá, M., et al. (2009). Misdemeanor Policing, Physical Disorder, and Gun-Related Homicide: A Spatial Analytic Test of “Broken-Windows” Theory. Epidemiology, 20(4), 533–41. Rosenfeld, R., Fornango, R., & Rengifo, A. (2007). The Impact of Order-Maintenance Policing on New York City Homicide and Robbery Rates: 1988-2000. Criminology, 45(2), 355– 384. Zimring, F. (2007), note 25 above (p. 151); see also Zimring, F. (2012). The City That Became Safe: New York’s Lessons for Urban Crime and its Control. New York, NY: Oxford University Press. Harcourt & Ludwig (2006), note 15 above; Greenberg, D. (2013). Studying New York City’s Crime Decline: Methodological Issues. Justice Quarterly, 31(1), 154–188. Another study finds that “situational prevention strategies” rather than misdemeanor arrests helped to lower crime, see: Braga, A. A. & Bond, B. J. (2008). Policing Crime and Disorder Hot Spots: A Randomized Controlled Trial. Criminology, 46(3), 577–607. Rosenfeld, R. & Fornango, R. (2014). The Impact of Police Stops on Precinct Robbery and Burglary Rates in New York City. Justice Quarterly, 31(1), 96-122. Police Reform Organization Project (2014). Over $410 33 34 35 36 37 38 39 40 41 Million a Year: The Human and Economic Cost of BrokenWindows Policing. New York, NY. Available at: http:// www.policereformorganizingproject.org/cost-brokenwindows-policing/; Schneiderman, E. (2013). A Report on Arrests Arising from the New York City Police Department’s Stop-and-Frisk Practices. New York State Office of the Attorney General. Available at: http://www.ag.ny.gov/ pdfs/OAG_REPORT_ON_SQF_PRACTICES_NOV_2013. pdf; Ghandnoosh, N. (2014). Race and Punishment: Racial Perceptions of Crime and Support for Punitive Policies. Washington, D.C.: The Sentencing Project. Available at: http://sentencingproject.org/doc/publications/rd_Race_ and_Punishment.pdf (pp. 33–5). Langton, L. & Durose, M. (2013). Police Behavior during Traffic and Street Stops, 2011. Bureau of Justice Statistics. Available at: http://www.bjs.gov/content/pub/pdf/pbtss11. pdf (p. 3); Eith, C. & Durose, M. R. (2011). Contacts Between Police and the Public, 2008. Bureau of Justice Statistics. Available at: http://www.bjs.gov/content/pub/pdf/cpp08.pdf (p. 7). Cole, D. (1999). No Equal Justice: Race and Class in the Criminal Justice System. New York, NY: The New Press (pp. 34–8). Langton & Durose (2013), note 33 above; Eith & Durose (2011), note 33 above. American Civil Liberties Union Foundation of Massachusetts (2014). Black, Brown and Targeted. Boston, MA. Available at: https://www.aclum.org/sites/all/files/images/education/ stopandfrisk/black_brown_and_targeted_online.pdf; on traffic stops in Chicago, see: American Civil Liberties Union of Illinois (2014). CPD Traffic Stops and Resulting Searches in 2013. Chicago, IL. Available at: http://www.aclu-il.org/ wp-content/uploads/2014/12/Report-re-CPD-traffic-stopsin-2013.pdf. Domanick, J. (2014). Police Reform’s Best Tool: A Federal Consent Decree. The Crime Report. Available at: http://www. thecrimereport.org/news/articles/2014-07-police-reformsbest-tool-a-federal-consent-decree; Eckholm, E. (2014). As Justice Department Scrutinizes Local Police, Cleveland Is Latest Focus. The New York Times. Available at: http:// www.nytimes.com/2014/06/18/us/justice-departmentexamining-local-police-turns-focus-to-cleveland.html; Susman, T. & Queally, J. (2014). Federal Monitor Ordered for Newark Police for Civil Rights Violations. Los Angeles Times. Available at: http://www.latimes.com/nation/nationnow/ la-na-nn-newark-federal-monitor-20140722-story. html#page=1. Epp, Maynard-Moody, & Haider-Markel (2014), note 9 above (pp. 6–9, 59). This study is based on drivers’ reports of officers’ reasons for the stop and traffic-safety stops were defined to include: speeding at greater than seven miles per hour, suspicion of driving under the influence of drugs or alcohol, running a red light, reckless driving, and random roadblock checks for driving under the influence. Investigatory stops were defined to include: failure to signal a turn or lane change, malfunctioning light, driving too slowly, stopping too long, expired license tag, check for valid license or to conduct warrant check, and no justification given for the stop. See also Epp, C. & Maynard-Moody, S. (2014). Driving While Black. Washington Monthly. Available at: http://www.washingtonmonthly.com/magazine/ january_february_2014/ten_miles_square/driving_while_ black048283.php. For nationwide data, see: Langton & Durose (2013), note 33 (p. 4). Langton & Durose (2013), note 33 above; Eith & Durose (2011), note 33 above (p. 7). Harris, D. (2012). Hearing on “Ending Racial Profiling in America,” Testimony of David A. Harris. United States Senate Judiciary Committee, Subcommittee on the Constitution, Civil Rights, and Human Rights. Available at: http://www.aila. org/content/fileviewer.aspx?docid=39289&linkid=245580 (p. 8). Heath, B. (2014). Racial Gap in U.S. Arrest Rates: ‘Staggering Disparity.’ USA Today. Available at: http://www.usatoday. com/story/news/nation/2014/11/18/ferguson-black-arrestrates/19043207/. Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 29 42 Brame, R., Bushway, S. D., Paternoster, R., & Turner, M. G. (2014). Demographic Patterns of Cumulative Arrest Prevalence by Ages 18 and 23. Crime & Delinquency, 60(3), 471–486. 43 Eith & Durose (2011), note 33 above (pp. 6, 12). 44 Gillespie, M. (1999). One Third of Americans Believe Police Brutality Exists in Their Area. Gallup. Available at: http:// www.gallup.com/poll/4003/one-third-americans-believepolice-brutality-exists-their-area.aspx. 45 National Research Council (2014). The Growth of Incarceration in the United States: Exploring Causes and Consequences. Washington, D.C.: The National Academies Press. Available at: http://www.nap.edu/openbook. php?record_id=18613 (pp. 93–4); The Sentencing Project (2013). Report of The Sentencing Project to the United Nations Human Rights Committee: Regarding Racial Disparities in the United States Criminal Justice System. Washington, D.C. Available at: http://www.sentencingproject. org/doc/publications/rd_ICCPR%20Race%20and%20 Justice%20Shadow%20Report.pdf; see also Crutchfield, R., Fernandes, A., & Martinez, J. (2010). Racial and Ethnic Disparity and Criminal Justice: How Much is Too Much? The Journal of Criminal Law & Criminology, 100(3), 903–932; Bucerius, S. & Tonry, M. (2014). The Oxford Handbook of Ethnicity, Crime, and Immigration. New York, NY: Oxford University Press. (p. 166). 46 National Research Council (2014), note 45 above (pp. 93–4). 47 Bonczar, T. P. (2003). Prevalence of Imprisonment in the U.S. Population, 1974-2001. Bureau of Justice Statistics. Available at: http://www.bjs.gov/content/pub/pdf/piusp01. pdf. 48 Minton & Golinelli (2014), note 6 above (p. 7, Tbl. 3). 49 James, D. (2004). Profile of Jail Inmates, 2002. Bureau of Justice Statistics. Available at: http://www.bjs.gov/content/ pub/pdf/pji02.pdf. 50 Peterson, R. & Krivo, L. (2012). Divergent Social World: Neighborhood Crime and the Racial-Spatial Divide. New York, NY: Russell Sage Foundation; Sampson, R. J., Morenoff, J. D., & Raudenbush, S. W. (2005). Social Anatomy of Racial and Ethnic Disparities in Violence. American Journal of Public Health, 95(2), 224–232. 51 See Sampson, R. J. & Lauritsen, J. L. (1997). Racial and Ethnic Disparities in Crime and Criminal Justice in the United States. Crime and Justice, 21, 311–374 (pp. 318–30); D’Alessio, S. & Stolzenberg, L. (2003). Race and the Probability of Arrest. Social Forces, 81(4), 1381–1397; Felson, R., Deane, G., & Armstrong, D. (2008). Do Theories of Crime or Violence Explain Race Differences in Delinquency? Social Science Research, 37(2), 624–641. 52 Bureau of Justice Statistics (2010). Criminal Victimization in the United States, 2008 Statistical Tables. Available at: http://www.bjs.gov/content/pub/pdf/cvus08.pdf (Tbls. 16, 17 – note that figures do not distinguish by ethnicity and therefore include a sizeable proportion of Hispanics as whites); Bureau of Justice Statistics (2013). Criminal Victimization, 2012. Available at: http://www.bjs.gov/ content/pub/pdf/cv12.pdf (Tbl. 7). 53 Smith, E.L. & Cooper, A. (2011). Homicide in the U.S. Known to Law Enforcement, 2011. Bureau of Justice Statistics. Available at: http://www.bjs.gov/content/pub/pdf/hus11. pdf (p. 4 – note figures do not distinguish by ethnicity and therefore include a sizeable proportion of Hispanics as whites). 54 Johnston, L. D., O’Malley, P. M., Bachman, J. G., & Schulenberg, J. E. (2012). Monitoring the Future: National Survey Results on Drug Use, 1975-2012. Ann Arbor, MI: The University of Michigan Institute for Social Research. Available at: http://www.monitoringthefuture.org/pubs/ monographs/mtf-vol1_2012.pdf (Tbls. 4-5, 4-6, and 4-7); U.S. Department of Health and Human Services (2013). Results from the 2013 Survey on Drug Use and Health: Summary of National Findings. Available at: http://www.samhsa.gov/data/sites/default/files/ NSDUHresultsPDFWHTML2013/Web/NSDUHresults2013. pdf (Figure 2.12); Johnston, L.D., O’Malley, P.M., Bachman, 30 The Sentencing Project 55 56 57 58 59 60 61 62 63 64 J.G., & Schulenberg, J.E. (2013). Demographic Subgroup Trends among Adolescents for Fifty-One Classes of Licit and Illicit Drugs 1975-2012. Ann Arbor, MI: The University of Michigan Institute for Social Research. Available at: http:// www.monitoringthefuture.org/pubs/occpapers/mtf-occ79. pdf (Figure 6). Beckett, K., Nyrop, K., & Pfingst, L. (2006). Race, Drugs, and Policing: Understanding Disparities in Drug Delivery Arrests. Criminology, 44(1), 105–37 (pp. 16–7); Riley, K. J. (1997). Crack, Powder Cocaine, and Heroin: Drug Purchase and Use Patterns in Six Major U.S. Cities. National Institute of Justice. Available at: https://www.ncjrs.gov/ pdffiles/167265.pdf (pp. 15–16). Tonry, M. & Melewski, M. (2008). The Malign Effects of Drug and Crime Control Policies on Black Americans. Crime and Justice, 37(1), 1–44 (p. 18); Blumstein, A. (1993). Racial Disproportionality of U.S. Prison Populations Revisited. University of Colorado Law Review, 64, 743–760; Langan, P. A. (1986). Racism on Trial: New Evidence to Explain the Racial Composition of Prisons in the United States. Journal of Criminal Law and Criminology, 76(3), 666–683; Blumstein, A. (1982). On the Racial Disproportionality of United States’ Prison Populations. Journal of Criminal Law and Criminology, 73, 1259–1281. Some of the decline in the proportion of black arrests is caused by the growth of the Latino population, see: Steffensmeier, D., Feldmeyer, B., Harris, C. T., & Ulmer, J. T. (2011). Reassessing Trends in Black Violent Crime, 1980-2008: Sorting Out the “Hispanic Effect” in Uniform Crime Reports Arrests, National Crime Victimization Survey Offender Estimates, and U.S. Prisoner Counts. Criminology, 49(1), 197–251 (pp. 201, 219–22); see also Snyder, H. N. Arrest in the United States, 1980-2009. Bureau of Justice Statistics. Available at: http://www.bjs. gov/content/pub/pdf/aus8009.pdf. Unwarranted racial disparity in arrests and convictions contributes to people of color being more likely to have prior criminal records, see: Brown, M. K., Carnoy, M., Duster, T., & Oppenheimer, D. B. (2003). Whitewashing Race: The Myth of a Color-Blind Society. Berkeley, CA: University of California Press (pp. 139–47); Mauer, M. (2006). Race to Incarcerate. New York, NY: The New Press (pp. 141–2). See for example, Crutchfield, R. D., Bridges, G. S., & Pitchford, S. R. (1994). Analytical and Aggregation Biases in Analyses of Imprisonment: Reconciling Discrepancies in Studies of Racial Disparity. Journal of Research in Crime and Delinquency, 31, 166–182. Federal Bureau of Investigation (2014). Crime in the United States 2013. Available at: http://www.fbi.gov/about-us/cjis/ ucr/crime-in-the-u.s/2013/crime-in-the-u.s.-2013/tables/ table-43; see works cited in note 55 above. Edwards, E., Bunting, W., Garcia, L. (2013). The War on Marijuana in Black and White. 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Stanford Law & Policy Review, 20(2), 463–500. Many whites also endorse individualistic rather than structural accounts of racial inequality and reject ameliorative public policies, see: Bobo, L. (2001). Racial Attitudes and Relations at the Close of the Twentieth 65 66 67 68 69 70 71 72 73 Century. In Smelser, N. J., Wilson, W. J., & Mitchell, F. (eds.) America Becoming: Racial Trends and Their Consequences, 1, 264–301. Washington, D. C.: National Academy Press (p. 269); Bobo, L. D., Charles, C. Z., Krysan, M., & Simmons, A. D. (2012). The Real Record on Racial Attitudes. In Marsden, P. V. (ed.) Social Trends in American Life: Findings from the General Social Survey since 1972, pp. 38–83. Princeton, NJ: Princeton University Press (Figure 11). Greenwald, A. G., Mcghee, D. E., & Schwartz, J. L. K. (1998). Measuring Individual Differences in Implicit Cognition: The Implicit Association Test. Journal of Personality and Social Psychology, 74(6), 1464–80 (p. 1474); Blair, I. V., et al. 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The Police Officer’s Dilemma: Using Ethnicity to Disambiguate Potentially Threatening Individuals. Journal of Personality and Social Psychology, 83(6), 1314–1329. See also Payne, K. B. (2001). Prejudice and Perception: The Role of Automatic and Controlled Processes in Misperceiving a Weapon. Journal of Personality and Social Psychology, 81(2), 181–192; Eberhardt, J. L., Goff, P. A., Purdie, V. J., & Davies, P. G. (2004). Seeing Black: Race, Crime, and Visual Processing. Journal of Personality and Social Psychology, 87(6), 876–93. Correll, J., Park, B., Judd, C. M., Wittenbrink, B., Sadler, M. S., & Keesee, T. (2007). Across the Thin Blue Line: Police Officers and Racial Bias in the Decision to Shoot. Journal of Personality and Social Psychology, 92(6), 1006–23; Sadler, M. S., Correll, J., Park, B., & Judd, C. M. (2012). The World Is Not Black and White: Racial Bias in the Decision to Shoot in a Multiethnic Context. Journal of Social Issues, 68(2), 286–313. See also: Correll, J., et al. (2014). The Police Officer’s Dilemma: A Decade of Research on Racial Bias in the Decision to Shoot. Social and Personality Psychology Compass, 8(5), 201–213. Starr, S. B. & Rehavi, M. M. (2013). Mandatory Sentencing and Racial Disparity: Assessing the Role of Prosecutors and the Effects of. The Yale Law Journal, 123(2), 2-80; Crawford, C., Chiricos, T., & Kleck, G. (1998). Race, Racial Threat, and Sentencing of Habitual Offenders. Criminology, 36(3), 481–512. See for example, Steffensmeier, D. & Demuth, S. (2000). Ethnicity and Sentencing Outcomes in U.S. Federal Courts: Who is Punished More Harshly? American Sociological Review, 65(5), 705–729; Steffensmeier, D. & Demuth, S. (2001). Ethnicity and Judges’ Sentencing Decisions: Hispanic-Black-White Comparisons. Criminology, 39(1), 145–178; Spohn, S. C. (2000). Thirty Years of Sentencing Reform: The Quest for a Racially Neutral Sentencing Process. Criminal Justice, 3, 427–501. Light, M. T., Massoglia, M., & King, R. D. (2014). Citizenship and Punishment: The Salience of National Membership in U.S. Criminal Courts. American Sociological Review, 79(5) 825–847. Hoytt, E. H., Schiraldi, V., Smith, B. V., & Ziedenberg, J. (2001). Reducing Racial Disparities in Juvenile Detention (2001). Baltimore, MD: Annie E. Casey Foundation. Available at: http://www.aecf.org/m/resourcedoc/aecf-Pathways8reduci ngracialdisparities-2001.pdf. 74 Rapping, J. A. (2013). Implicitly Unjust: How Defenders Can Affect Systemic Racist Assumptions. New York University Journal of Legislation and Public Policy, 16(4), 999–1048 (pp. 1022–42). 75 Sommers, S. R. (2006). On Racial Diversity and Group Decision Making: Identifying Multiple Effects of Racial Composition on Jury Deliberations. Journal of Personality and Social Psychology, 90(4), 597–612; Bowers, W. J., Sandys, M., & Brewer, T. W. (2004). Crossing Racial Boundaries: A Closer Look at the Roots of Racial Bias in Capital Sentencing When the Defendant is Black and the Victim is White. DePaul Law Review, 53(4), 1497–1538. 76 Levinson, J. D. & Young, D. (2010). Different Shades of Bias: Skin Tone, Implicit Racial Bias, and Judgments of Ambiguous Evidence. West Virginia Law Review, 307–350. 77 Civil Rights Division, U.S. Department of Justice & Office for Civil Rights, U.S. Department of Education (2014). Dear Colleague Letter: Nondiscriminatory Administration of School Discipline. Available at: http://www2.ed.gov/about/ offices/list/ocr/letters/colleague-201401-title-vi.pdf. 78 Minton & Golinelli (2014), note 6 above (p. 1). 79 Jones, C. E. (2013). “Give Us Free”: Addressing Racial Disparities in Bail Determinations. New York University Journal of Legislation and Public Policy, 16(4), 919–62. 80 Pager, D. (2007). Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration. Chicago, IL: University of Chicago Press. 81 Mauer, M. & McCalmont, V. (2013). A Lifetime of Punishment: The Impact of the Felony Drug Ban on Welfare Benefits. Washington, D.C.: The Sentencing Project. Available at: http://sentencingproject.org/doc/publications/cc_A%20 Lifetime%20of%20Punishment.pdf. 82 Durose, M., Cooper, A., & Snyder, H. (2014). Recidivism of Prisoners Released in 30 States in 2005: Patterns from 2005 to 2010. Bureau of Justice Statistics. Available at: http://www.bjs.gov/content/pub/pdf/rprts05p0510.pdf. For a discussion of the potential criminogenic effects of high levels of incarceration, see: National Research Council (2014), note 45 above (pp. 288–97). 83 See for example: Goffman, A. (2014) On the Run: Fugitive Life in an American City. Chicago, IL: The University of Chicago Press; Rios, V. M. (2011) Punished: Policing the Lives of Black and Latino Boys. New York, NY: New York University Press; Wakefield, S. & Wildeman, C. (2011). Mass Imprisonment and Racial Disparities in Childhood Behavioral Problems. Criminology & Public Policy, 10, 791–817; Braman, D. 2004. Doing Time on the Outside: Incarceration and Family Life in Urban America. Ann Arbor, MI: University of Michigan Press; Western, B. (2002). The Impact of Incarceration on Wage Mobility and Inequality. American Sociological Review, 67, 526–546. 84 Ghandnoosh (2014), note 32 above. 85 Knafo, S. (2014). Change Of Habit: How Seattle Cops Fought An Addiction To Locking Up Drug Users. The Huffington Post. Available at: http://www.huffingtonpost. com/2014/08/28/seattle-lead-program_n_5697660. html?1409235508; Law Enforcement Assisted Diversion. Available at: http://leadkingcounty.org. 86 Bostock, M, & Fessenden, F. (2014). ‘Stop-and-Frisk’ Is All but Gone From New York. The New York Times. Available at: http://www.nytimes.com/interactive/2014/09/19/nyregion/ stop-and-frisk-is-all-but-gone-from-new-york.html. 87 Press Office of the Mayor of New York City (2014). Mayor de Blasio Announces Agreement in Landmark StopAnd-Frisk Case. Available at: http://www1.nyc.gov/ office-of-the-mayor/news/726-14/mayor-de-blasioagreement-landmark-stop-and-frisk-case#/0; Goldstein, J. (2013). Judge Rejects New York’s Stop-and-Frisk Policy. The New York Times. Available at: http://www.nytimes. com/2013/08/13/nyregion/stop-and-frisk-practiceviolated-rights-judge-rules.html. 88 Bostock & Fessenden (2014), note 86 above. Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 31 89 Goldstein, J. (2014). Marijuana May Mean Ticket, Not Arrest, in New York City. The New York Times. Available at: http:// www.nytimes.com/2014/11/10/nyregion/in-shift-policedept-to-stop-low-level-marijuana-arrests-officials-say. html?_r=0. 90 Sayegh, G. (2014). Bratton and de Blasio’s Small Step on Pot. New York Daily News. Available at: http://www. nydailynews.com/opinion/gabriel-sayegh-bratton-deblasio-small-step-pot-article-1.2007158; Editorial Board (2014). The Problem with New York’s Marijuana Policy. The New York Times. Available at: http://www.nytimes. com/2014/11/12/opinion/the-problem-with-new-yorksmarijuana-policy.html?smid=tw-share; Thompson, K. (2014). Will Pot Pack New York’s Courts? The New York Times. Available at: http://www.nytimes.com/2014/11/22/ opinion/will-pot-pack-new-yorks-courts.html. 91 Smiley, D. & Vasquez, M. (2013). Broward, Miami-Dade Work to Close the ‘School-to-Prison Pipeline.’ Miami Herald. Available at: http://www.miamiherald.com/news/local/ community/miami-dade/article1957319.html. 92 Watanabe, T. (2013). LAUSD Issuing Far Fewer Truancy Tickets, Report Says. Los Angeles Times. Available at: http:// articles.latimes.com/2013/nov/03/local/la-me-truancytickets-20131104; Medina, J. (2014). Los Angeles to Reduce Arrest Rate in Schools. The New York Times. Available at: http://www.nytimes.com/2014/08/19/us/los-angeles-toreduce-arrest-rate-in-schools.html. 93 Porter, N. & Wright, V. (2011). Cracked Justice. Washington, D.C.: The Sentencing Project. Available at: http://sentencingproject.org/doc/publications/dp_ CrackedJusticeMar2011.pdf. 94 Porter & Clemons (2013), note 62 above. 95 Sebens, S. (2014). Voters Give Nod to Legal Marijuana in Oregon, Alaska, and Washington, D.C. Reuters. Available at: http://www.reuters.com/article/2014/11/05/us-usaelections-marijuana-idUSKBN0IO13620141105. 96 Clifford, S. & Goldstein, J. (2014). Brooklyn Prosecutor Limits When He’ll Target Marijuana. The New York Times. Available at: http://www.nytimes.com/2014/07/09/nyregion/ brooklyn-district-attorney-to-stop-prosecuting-low-levelmarijuana-cases.html. 97 Kutateladze, B. (2014). Race and Prosecution in Manhattan. New York, NY: Vera Institute of Justice. Available at: http:// www.vera.org/pubs/special/race-and-prosecutionmanhattan; Editorial Board (2014). How Race Skews Prosecutions. The New York Times. Available at: http:// www.nytimes.com/2014/07/14/opinion/how-race-skewsprosecutions.html. 98 Staats, C. (2014). State of the Science: Implicit Bias Review 2014. Columbus, OH: Kirwan Institute. Available at: http://kirwaninstitute.osu.edu/wp-content/ uploads/2014/03/2014-implicit-bias.pdf (pp. 20–1, 25–6, 33–6); Staats, C. (2013). State of the Science: Implicit Bias Review 2013. Columbus, OH: Kirwan Institute. Available at: http://www.kirwaninstitute.osu.edu/reports/2013/03_2013_ SOTS-Implicit_Bias.pdf (pp. 53–63). 99 See notes 68 and 69 above. 100 Sim, J., Correll, J., & Sadler, M. (2013). Understanding Police and Expert Performance: When Training Attenuates (vs. Exacerbates) Stereotypic Bias in the Decision to Shoot. Personality and Social Psychology Bulletin, 39(3), 291–304. 101 Dewan, S. (2014). Mostly White Forces in Mostly Black Towns: Police Struggle for Racial Diversity. The New York Times. Available at: http://www.nytimes.com/2014/09/10/ us/for-small-police-departments-increasing-diversity-isa-struggle.html. See also: Ashkenas, J. & Park, H. (2014). The Race Gap in America’s Police Departments. The New York Times. Available at: http://www.nytimes.com/ interactive/2014/09/03/us/the-race-gap-in-americaspolice-departments.html. 102 Weisburd, D. & Greenspan, R. (2002). Police Attitudes Toward Abuse of Authority: Findings From a National Study. National Institutes of Justice: Research Brief. Available at: https:// www.ncjrs.gov/pdffiles1/nij/181312.pdf (pp. 9–10). 32 The Sentencing Project 103 McElvain, J. & Kposowa, A. (2008). Police Officer Characteristics and the Likelihood of Using Deadly Force. Criminal Justice and Behavior, 35(4), 505–521; Alpert, G. & Dunham, R. (2000). Analysis of Police Use-of-Force Data. Washington, D.C.: National Institute of Justice. Available at: https://www.ncjrs.gov/pdffiles1/nij/grants/183648.pdf; Geller, W. & Karales, K. (1981). Shootings of and by Chicago Police: Uncommon Crises. Part I: Shootings by Chicago Police. The Journal of Criminal Law and Criminology, 72(4), 1813–1866. Available at: http://www.jstor.org/ stable/1143256. 104 Congressional Research Service (2014). Special Prosecutors: Investigations and Prosecutions of Police Use of Deadly Force. Available at: http://www.fas.org/ sgp/crs/misc/specpro.pdf; Jawando, M. & Parsons, C. (2014). 4 Ideas That Could Begin to Reform the Criminal Justice System and Improve Police-Community Relations. Washington, D.C.: Center for American Progress. Available at: https://www.americanprogress.org/issues/civil-liberties/ report/2014/12/18/103578/4-ideas-that-could-beginto-reform-the-criminal-justice-system-and-improvepolice-community-relations/; Alcindor, Y. (2014). Wis. bill mandates rules for officer-involved deaths. USA Today. Available at: http://www.usatoday.com/story/news/ nation/2014/04/26/wis-bill-mandates-rules-for-officerinvolved-deaths/8178905/. 105 Winston, A. (2014). How Special Prosecutors Can Help Bring Police to Justice. Bloomberg Businessweek. Available at: http://www.businessweek.com/articles/2014-12-11/howspecial-prosecutors-can-help-bring-police-to-justice. 106 Alpert, G. & Smith, W. (1994). How Reasonable Is the Reasonable Man?: Police and Excessive Force. Journal of Criminal Law and Criminology, 85(2), 481–501. 107 Ayres, I. & Markovits, D. (2014). Ending Excessive Police Force Starts with New Rules of Engagement. The Washington Post. Available at: http://www.washingtonpost. com/opinions/ending-excessive-police-force-starts-withnew-rules-of-engagement/2014/12/25/7fa379c0-8a1e11e4-a085-34e9b9f09a58_story.html. 108 Delgado, R. (2011). An Ideal Use of Force Model For Law Enforcement: An Assessment of the Austin Police Department. Applied Research Projects, Texas State University-San Marcos. Available at: http://www.academia. edu/1193696/An_Ideal_Use_of_Force_Model_For_Law_ Enforcement_An_Assessment_of_the_Austin_Police_ Department. 109 Dexheimer, E. & Plohetski, T. (2014). Town’s Police Force Highlights Struggle to Track Cops With a History. Austin America-Statesman. Available at: http://www.mystatesman. com/news/news/towns-police-force-highlights-struggleto-track-co/nfynf/#efb78a35.unknown.735371. 110 Office of the Press Secretary (2014). Fact Sheet: Strengthening Community Policing. The White House. Available at: http://www.whitehouse.gov/the-pressoffice/2014/12/01/fact-sheet-strengthening-communitypolicing. 111 White, M. (2014). Police Officer Body-Worn Cameras: Assessing the Evidence. Washington, D.C.: Office of Community-Oriented Policing Services. Diagnostic Center, Office of Justice Programs. Available at: https:// ojpdiagnosticcenter.org/sites/default/files/spotlight/ download/Police%20Officer%20Body-Worn%20Cameras. pdf; Ariel, B., Farrar, W. A., & Sutherland, A. (2014). The Effect of Police Body-Worn Cameras on Use of Force and Citizens’ Complaints Against the Police: A Randomized Controlled Trial. Journal of Quantitative Criminology; Fossi-Garcia, C. & Lieberman, D. (2014). Investigation of 5 Cities Finds Body Cameras Usually Help Police. Fusion. Available at: http:// fusion.net/story/31986/investigation-of-5-cities-findsbody-cameras-usually-help-police/. 112 Lovett, I. (2013). In California, a Champion for Police Cameras. The New York Times. Available at: http://www. nytimes.com/2013/08/22/us/in-california-a-champion-forpolice-cameras.html?pagewanted=all. 113 Mather, K. & Winton, R. (2014). LAPD’s Plan for 7,000 Body Cameras Comes with Challenges. Los Angeles Times. Available at: http://www.latimes.com/local/lanow/lame-ln-lapds-plan-for-7000-body-cameras-comes-withchallenges-20141216-story.html#page=1. 114 Davis, A. J. (2013). In Search of Racial Justice: The Role of the Prosecutor. New York University Journal of Legislation and Public Policy, 16(4), 821–52. Available at: http://www. nyujlpp.org/wp-content/uploads/2014/01/Davis-In-Searchof-Racial-Justice-16nyujlpp821.pdf. 115 Kang, J., et al. (2012). Implicit Bias in the Courtroom. UCLA Law Review, 59, 1124–1186 (pp. 1181–4). Available at: http://www.uclalawreview.org/pdf/59-5-1.pdf 116 Sommers, S. R. & Ellsworth, P. C. (2001). White Juror Bias: An Investigation of Prejudice Against Black Defendants in the American Courtroom. Psychology, Public Policy, and Law, 7(1), 201–229. 117 American Civil Liberties Union of New Jersey (2014). ACLUNJ Hails Passage of NJ Bail Reform as Historic Day for Civil Rights. Newark, NJ. Available at: https://www.aclu.org/ criminal-law-reform/aclu-nj-hails-passage-nj-bail-reformhistoric-day-civil-rights. 118 New Jersey Senate Bill 946 (2014). 216th Session. Available at: http://www.njleg.state.nj.us/2014/Bills/PL14/31_.PDF. 119 Criminal justice professionals and lawmakers can also help to advance effective crime-prevention programs include the following: The Sentencing Project (2013). Ending Mass Incarceration: Social Interventions that Work. Washington, D.C. Available at: http://www.sentencingproject.org/ doc/publications/publications/inc_Ending%20Mass%20 Incarceration.pdf. 120 California Secretary of State (2014). Prop 47: Criminal Sentences. Misdemeanor Penalties. Official Voter Information Guide. Available at: http://www.voterguide.sos. ca.gov/en/propositions/47/analysis.htm. 121 U.S. Equal Employment Opportunity Commission (2012). EEOC Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964. Available at: http:// www.eeoc.gov/laws/guidance/arrest_conviction.cfm. On related enforcement struggles, see: Hall, B. (2013). EEOC’S Campaign Against Criminal Background Checks Takes Recent Hits. Employer Law Report. Available at: http:// www.employerlawreport.com/2013/10/articles/eeo/eeocscampaign-against-criminal-background-checks-takesrecent-hits/#axzz2i0SMS500; and Berrien, J. (2013). What You Should Know: EEOC’s Response to Letter from State Attorneys General on Use of Criminal Background Checks in Employment. Washington, D.C.: U.S. Equal Employment Opportunity Commission. Available at: http://www.eeoc.gov/ eeoc/newsroom/wysk/criminal_background_checks.cfm. 122 National Employment Law Project (2015). Ban the Box: Resource Guide. New York, NY. Available at: http://www. nelp.org/page/-/SCLP/Ban-the-Box-Fair-Chance-Stateand-Local-Guide.pdf?nocdn=1. 123 Subramanian, R., Moreno, R., & Gebreselassie, S. (2014). Relief in Sight? States Rethink the Collateral Consequences of Criminal Conviction, 2009-2014. New York, NY: Vera Institute of Justice. Available at: http://www.vera.org/ sites/default/files/resources/downloads/states-rethinkcollateral-consequences-report-v3.pdf. 124 Mauer & McCalmont (2013), note 81 above. 125 Donovan, S. & Henriquez, S. (2011). Letter to PHA Executive Director. U.S. Department of Housing and Urban Development. Available at: http://www.asca.net/ system/assets/attachments/4359/HUD_letter_6.23.11. pdf?1333657583. 126 Navarro, M. (2014). Lawsuit Says Rental Complex in Queens Excludes Ex-Offenders. The New York Times. Available at: http://www.nytimes.com/2014/10/31/nyregion/lawsuitsays-rental-complex-in-queens-excludes-ex-offenders. html. 127 Porter, N. (2010). Expanding the Vote: State Felony Disenfranchisement Reform, 1997-2010. Washington, D.C.: The Sentencing Project. Available at: http://www. sentencingproject.org/doc/publications/publications/ vr_ExpandingtheVoteFinalAddendum.pdf. 128 Chung, J. (2014). Felony Disenfranchisement: A Primer. Washington, D.C.: The Sentencing Project. Available at: http://sentencingproject.org/doc/publications/fd_ Felony%20Disenfranchisement%20Primer.pdf. 129 For an elaboration of these points, see Mauer, M. & Ghandnoosh, N. (2014). Incorporating Racial Equity into Criminal Justice Reform. Washington, D.C.: The Sentencing Project. Available at: http://www.sentencingproject.org/ doc/rd_Incorporating_Racial_Equity_into_Criminal_Justice_ Reform.pdf (pp. 1–4, 14–19). 130 National Research Council (2014), note 45 above (pp. 67–8). 131 Mauer, M. & Ghandnoosh, N. (2014). Fewer Prisoners, Less Crime: A Tale of Three States. Washington, D.C.: The Sentencing Project. Available at: http://sentencingproject. org/doc/publications/inc_Fewer_Prisoners_Less_Crime. pdf; Greene, J. & Mauer, M. (2010). Downscaling Prisons: Lessons from Four States. Washington, D.C.: The Sentencing Project. Available at: http://www.sentencingproject.org/doc/ publications/publications/inc_DownscalingPrisons2010.pdf. 132 See Sickmund, M., Sladky, T. J., Kang, W., & Puzzanchera, C. (2013). Easy Access to the Census of Juveniles in Residential Placement. Pittsburgh, PA: National Center for Juvenile Justice. Available at: http://www.ojjdp.gov/ ojstatbb/ezacjrp/. 133 Mauer (2009), note 61 above. 134 Bureau of Justice Statistics (2010). Local Police Departments, 2007. Available at: http://www.bjs.gov/ content/pub/pdf/lpd07.pdf (p. 14, Figure 9). 135 Pew Research Center (2014). Sharp Racial Divisions in Reactions to Brown, Garner Decisions. Washington, D.C. Available at: http://www.people-press.org/2014/12/08/ sharp-racial-divisions-in-reactions-to-brown-garnerdecisions/; Blain, G. (2014). Nearly Two-Thirds of New Yorkers Believe Officer Daniel Pantaleo Should be Charged in the Death of Eric Garner: Poll. New York Daily News. Available at: http://www.nydailynews.com/new-york/twothirds-new-yorkers-wanted-charges-eric-garner-casearticle-1.2043869. 136 Editorial Board (2014). The Country Should Know How Many People Die in Police Custody. The Washington Post. Available at: http://www.washingtonpost.com/opinions/ the-country-should-know-how-many-people-die-inpolice-custody/2014/12/23/99a343f2-86fc-11e4-a702fa31ff4ae98e_story.html. Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System 33 Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System Nazgol Ghandnoosh, Ph.D. February 2015 Related publications by The Sentencing Project: • • • • 1705 DeSales Street NW, 8th Floor Washington, D.C. 20036 Tel: 202.628.0871 Fax: 202.628.1091 sentencingproject.org Race and Punishment: Racial Perceptions of Crime and Support for Punitive Policies (2014) The Changing Racial Dynamics of Women’s Incarceration (2013) To Build a Better Criminal Justice System: 25 Experts Envision the Next 25 Years of Reform (2012) Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers (2008) The Sentencing Project works for a fair and effective U.S. justice system by promoting reforms in sentencing policy, addressing unjust racial disparities and practices, and advocating for alternatives to incarceration.