Transaction Search Form: please type in any of the fields below.
Date: April 18, 2024 Thu
Time: 9:28 am
Time: 9:28 am
Results for discrimination
108 results foundAuthor: Smee, Sharon Title: Realising Rights: Increasing Ethnic Minority Women's Access to Justice Summary: Over the last decade, there has been a greater focus on the needs of women as victims, offenders and workers in the U.K. criminal justice system. There have also been some important changes taking place to improve the position of ethnic monorities in the justice sector. However, there has been less focus on the distinct needs of ethnic minority women and the intersectional discrimination on the grounds of race and sex that these women face. This report highlights the extent of the problem and shines a spotlight on ethnic minority women's experiences across the criminal justice system. Details: London: Fawcett Society, 2010. 85p. Source: Year: 2010 Country: United Kingdom URL: Shelf Number: 118102 Keywords: DiscriminationFemalesMinorities |
Author: Stewart, Cam Title: Combating Hate and Bias Crime and Incidents in Alberta: Current Responses and Recommendation for the Future Summary: This report discusses the status of hate and bias crimes within Alberta, Canada. The report looks at the current demographic trends and strategies that are being used to respond to hate and bias crimes, and recommends that several ministries, including the Solicitor General, the Attorney General, the Human Rights and Citizenship Commission, and the Department of International Intergovernmental and Aboriginal Relations, form a strategic alliance to develop a provincial hate crime strategy. Details: Alberta, Canada: Alberta Hate and Bias Crime and Incidents Committee, 2007. 61p. Source: Internet Resource Year: 2007 Country: Canada URL: Shelf Number: 118350 Keywords: BiasDiscriminationHate Crimes |
Author: Lopez, Mark Hugo Title: Hispanics and the Criminal Justice System: Low Confidence, High Exposure Summary: Latinos' confidence in the U.S. criminal justice system is closer to the relatively low levels expressed by blacks than to the higher levels expressed by whites, according to a pair of nationwide surveys by the Pew Research Center. Six-in-ten (61%) Hispanics say they have a great deal or a fair amount of confidence that the police in their communities will do a good job enforcing the law, compared with 78% of whites and 55% of blacks. Fewer than half of Latinos say they are confident that Hispanics will be treated fairly by the courts (49%) and police officers (45%). Details: Washington, DC: Pew Research Center, 2009. 16p. Source: Internet Resource Year: 2009 Country: United States URL: Shelf Number: 110844 Keywords: -Hispanic AmericansDiscriminationMinoritiesPublic Opinion |
Author: Noreus, Becky Title: Disproportionate Minority Contact in Maine: DMC Assessment and Identification Summary: Disproportionate Minority Contact (DMC) refers to the overrepresentation of minority youth in the juvenile justice system in certain areas of the United States. Because research at the national level has demonstrated that minority youth are often overrepresented at key decision points, such as arrest and confinement in juvenile detention centers, in a state’s juvenile justice system, the Office of Juvenile Justice and Delinquency Prevention (OJJDP) requires all states to assess whether DMC exists in their jurisdiction. TThis report provides a baseline of rates of disproportionate minority contact (DMC) in Maine’s juvenile justice system. It also provides information for practitioners and policymakers looking to inform their understanding and awareness of the treatment of minority youth within Maine’s juvenile justice system. Details: Portland, ME: University of Southern Maine, Muskie School of Public Service, 2009. 57p. Source: Internet Resource Year: 2009 Country: United States URL: Shelf Number: 119461 Keywords: DiscriminationJuvenile Detention (Maine)Juvenile Offenders (Maine)Minority Groups |
Author: Anwar, Shamena Title: Jury Discrimination in Criminal Trials Summary: This paper examines the impact of jury racial composition on trial outcomes using a unique dataset of all felony trials in Sarasota County, Florida between 2004 and 2009. We utilize a research design that exploits day-to-day variation in the composition of the jury pool to isolate quasi-random variation in the composition of the seated jury. We find strong evidence that all-white juries acquit whites more often and are less favorable to black versus white defendants when compared to juries with at least one black member. Using the Anwar-Fang rank order test, we find strong statistical evidence of discrimination on the basis of defendant race. These results are consistent with racial prejudice on the part of white jurors, black jurors, or both. Using a simple model of jury selection and decision-making, we replicate the entire set of empirical regularities observed in the data, including the fact that blacks in the jury pool are just as likely as whites to be seated. Simulations of the model suggest that jurors of each race are heterogeneous in the standards of evidence that they require to convict and that both black and white defendants would prefer to face jurors of the same race. Details: Cambridge, MA: National Bureau of Economic Research, 2010. 42p. Source: Internet Resource: NBER Working Paper Series; Working Paper 16366: Accessed October 5, 2010 at: http://www.nber.org/papers/w16366.pdf Year: 2010 Country: United States URL: http://www.nber.org/papers/w16366.pdf Shelf Number: 119863 Keywords: CourtsDiscriminationJuriesJurorsTrials |
Author: Centre for the Human Rights of Imprisoned People Title: Culturally and Linguistically Diverse Women in Victorian Prisons Summary: The number of women imprisoned in Victoria has increased by 25% over the past year, with a disproportionate number of the women imprisoned coming from Calturally and Linguistically Diverse (CALD) backgrounds. The number of women born in Vietnam who are imprisoned in Victoria has almost doubled during the period of June 2008 to June 2009. There are currently more than 300 women imprisoned in Victoria, which is the highest number of women imprisoned in the state at any one time since prior to Federation. This dramatic increase is therefore unprecedented and extremely alarming, particularly as it affects women of CALD backgrounds. This project examines the situation of CALD women who are imprisoned in Victoria. To do this, the project follows up the serious issues of discrimination raised in the Request for a Systemic Review of Discrimination against Women in Victorian Prisons, made in 2005 by the Federation of Community Legal Centres FCLC and Victorian Council of Social Services VCOSS to the Equal Opportunity Commission Victoria (EOCV). The 2005 Request for Systemic Review raised significant allegations of discrimination affecting the women held in custody in Victoria. Although this discrimination was attributed firstly to the gender of prisoners, the Request also identified specific areas of discrimination on the basis of race and cognitive ability by the State Government of Victoria in its management of the Victorian women’s prisons at Tarrengower and the Dame Phyllis Frost Centre at Deer Park. In relation to women from CALD backgrounds, the 2005 Request for Systemic Review contained significant anecdotal evidence highlighting incidents and practices of direct and indirect discrimination on the basis of race and religion that impacted on the day-to-day life of imprisoned CALD women. The report remains significant as the only detailed investigation and documentation of the treatment of CALD women in the Victorian prison system. Details: Flemington, VIC, AUS: Centre for the Human Rights of Imprisoned People, 2010. 51p. Source: Internet Resource: Accessed October 26, 2010 at: http://www.apo.org.au/research/culturally-and-linguistically-diverse-women-victorian-prisons Year: 2010 Country: Australia URL: http://www.apo.org.au/research/culturally-and-linguistically-diverse-women-victorian-prisons Shelf Number: 120089 Keywords: DiscriminationFemale InmatesFemale OffendersMinority GroupsPrisoners |
Author: Adams, Neville Title: Race and the European Criminal Justice System: The Position of Visible Minority Drug Users in the European Criminal Justice System Summary: This is the multi-country report for Europe outlining some of the key issues pertaining to visible minorities and drug use in the criminal justice system. The report is structured so as to ensure that the findings of the primary source research, involving interviews with staff and service users, can be situated within the relevant European wide and national overlapping anti-discriminatory, drug policy and criminal justice contexts. The report structure is as follows: Race and racism, a contextual framework; European anti-discriminatory legislative context; Overview of the normative potential of the EC anti-discriminatory legislation; Visible minorities in Europe and their treatment; European drug policies and legislation; Survey findings; and Conclusion. Details: Brussels: European Commission, Executive Agency for Health and Consumers, 2010. 57p. Source: Internet Resource: Accessed December 22, 2010 at: http://www.connectionsproject.eu/the-project Year: 2010 Country: Europe URL: http://www.connectionsproject.eu/the-project Shelf Number: 120589 Keywords: DiscriminationDrug Abuse and CrimeDrug Abuse TreatmentDrug Offenders (Europe)Minorities |
Author: Gelbach, Jonah Title: Testing for Racial Discrimination in Bail Setting Using Nonparametric Estimation of a Parametric Model Summary: Black defendants are assigned systematically greater bail levels than whites accused of similar offenses and, partly as a result, have systematically lower probabilities of pre-trial release. We construct a simple model of optimal bail setting that allows us to measure how much of the bail difference is due to judicial bias against blacks, holding constant defendant heterogeneity that judges observe, regardless of whether we also observe it. We show how to use nonparametric methods to consistently estimate the model's key parameter by using the judge's first-order condition to form an auxiliary projection relationship involving defendants' conditional choice probabilities. While the behavioral model requires parametric assumptions, they have a substantial payoff: under these assumptions, we need not make any assumptions at all on the conditional distribution of heterogeneity observed by judges but not researchers. We implement the model using 2000 and 2002 data for five counties, from the State Courts Processing Statistics. While our point estimates are somewhat imprecise, they suggest that in several counties, judges value blacks' lost freedom from a typical pre-trial jail stay by thousands of dollars less than they value whites' lost freedom. Details: Berkeley, CA: Law and Economics Workshop, Berkeley Program in Law and Economics, University of California - Berkeley, 2010. 55p. Source: Internet Resource: Law and Economics Workshop: Accessed February 2, 2011 at: http://www.econ.yale.edu/seminars/labor/lap11/gelbach-110218.pdf Year: 2010 Country: United States URL: http://www.econ.yale.edu/seminars/labor/lap11/gelbach-110218.pdf Shelf Number: 120679 Keywords: BailDiscriminationPretrial Release |
Author: Wells, Heather Title: Minority Overrepresentation in Colorado's Criminal Justice System: An Interagency Report to the Colorado Commission on Criminal & Juvenile Justice Summary: There are racial and ethnic inequalities in the U.S. criminal justice system. A disproportionately high number of African Americans are arrested, convicted, incarcerated, denied early parole and rearrested. There is some evidence of ethnic (Hispanic vs. non-Hispanic) disparities. However, many government agencies do not collect ethnicity data, so it is more difficult to draw firm conclusions about ethnic disparity. There is a similar lack of information about American Indian or Alaska Natives and Asians due to their relatively small percentages in the population, but there is some evidence that American Indian or Alaska Natives are overrepresented, whereas Asians’ criminal justice outcomes are similar to those of Whites. However, there is a lot of variability in culture and socioeconomic status between different Asian subgroups, so it is likely that their experiences in the criminal justice system vary widely. This report was mandated by HB 08-1119, which states that the Colorado Criminal Commission on Criminal & Juvenile Justice should conduct and review studies and make recommendations regarding the reduction of racial disparities in the criminal justice system. This paper focuses on adult offenders. For information about how juvenile offenders’ race affects their criminal justice outcomes, please see the bibliography released by the Technical Assistance and Research Center (TARC) at New Mexico University (Bond-Maupin et al., n.d.). For information about minority overrepresentation among juveniles in Colorado, please see Colorado’s Three-Year Juvenile Justice and Delinquency Prevention Plan (Juvenile Justice and Delinquency Prevention Council & Office of Adult and Juvenile Justice Assistance, 2009). This paper defines race and ethnicity, explores the extent of the problem in each stage of the criminal justice system nationwide (policing, pre-trial detention, sentencing and court processing, community supervision, prison and the death penalty), discusses possible reasons why such disparities occur, and describes Colorado’s efforts to reduce the problem. The current study explores criminal justice outcomes in Colorado by race and ethnicity; staff diversity at Colorado’s Department of Corrections (CDOC), Division of Probation Services, and state court system; and probation and parole release types by race and ethnicity. The paper concludes with recommendations for reducing racial and ethnic disparities in Colorado. Details: Colorado Springs, CO: Colorado Department of Corrections, Office of Planning and Analysis, 2010. 44p. Source: Internet Resource: Accessed February 15, 2011 at: http://cdpsweb.state.co.us/cccjj/PDF/Research%20Documents/MOR_2010.pdf Year: 2010 Country: United States URL: http://cdpsweb.state.co.us/cccjj/PDF/Research%20Documents/MOR_2010.pdf Shelf Number: 120774 Keywords: Criminal Justice, Administration of (Colorado)DiscriminationMinoritiesPrisonersRace/Ethnicity |
Author: European Union Agency for Fundamental Rights (FRA) Title: Understanding and Preventing Discriminatory Ethnic Profiling: A Guide Summary: ‘Ethnic profiling’ is not a new practice in the Member States of the European Union, but it appears to have become more prominent in reaction to the terrorist bombings in the United States of America (USA, 2001), Madrid (2004) and London (2005), as well as increased concerns over illegal immigration. In turn, concerns have been raised by intergovernmental organisations such as the United Nations (UN), the Council of Europe and the European Union (EU), as well as non-governmental organisations working in the area of human rights protection. In particular, it has been argued that ethnic profi ling not only conflicts with law relating to discrimination, but also has damaging social effects. Nevertheless, the practice of ‘ethnic profiling’ in Europe is generally under-reported and little understood outside of the United Kingdom (UK). The UK has been addressing discriminatory ethnic profiling since the 1980s and, as a result, has built up a strong research basis as well as numerous policy responses to the issue. However, the recognition of discriminatory ethnic profi ling practices has not been aff orded as much attention in other EU Member States. As a reflection of this, the European literature overwhelmingly originates from the UK, entailing that a large number of examples used throughout this Guide have been extracted from the UK context. It must, however, be noted that the EU and the European Parliament in particular have identified the problem of profiling as a pressing issue in the areas of counter-terrorism, law enforcement, immigration, customs and border control.(1) With this in mind, this Guide sets out to introduce the enquiring reader to the subject of ‘ethnic profiling’ as a concept and a practice, and one which can be challenged with respect to its potential to discriminate and undermine fundamental rights. This publication is primarily designed for officers at management level in law enforcement agencies. It is intended to improve understanding of the theory and practice of ‘ethnic profiling’ and place it within a legal and social context. It does so by explaining how ‘profiling’ is used in general contexts outside of law enforcement, such as in the area of market research. It then looks at profiling as a practice in the context of law enforcement. In particular, the Guide explains when profiling that uses race, ethnicity or religion will be considered to be discriminatory and therefore unlawful, and under which circumstances reference to these characteristics may be permissible. The Guide then goes on to look at the harmful effects of discriminatory ethnic profiling, its effectiveness as a law enforcement tool, as well as alternative policing methods and safeguards against the misuse of profiling. Details: Luxembourg: Publications Office of the European Union, 2010. 80p. Source: Internet Resource: accessed February 22, 2011 at: http://www.fra.europa.eu/fraWebsite/attachments/Guide_ethnic_profiling.pdf Year: 2010 Country: Europe URL: http://www.fra.europa.eu/fraWebsite/attachments/Guide_ethnic_profiling.pdf Shelf Number: 120864 Keywords: DiscriminationRace/EthnicityRacial Profiling |
Author: European Union Agency for Fundamental Rights (FRA) Title: Data in Focus Report: Police Stops and Minorities Summary: EU-MIDIS, the first EU-wide survey to ask immigrant and ethnic minority groups about their experiences of discrimination and criminal victimisation in everyday life shows that: •Minorities were stopped by the police more often than the majority groups living in the same neighbourhoods in Belgium, Germany, Greece, Spain, France and Hungary. This was not the case in the Slovak Republic, Bulgaria, Italy or Romania. Some minority groups are particularly heavily policed – for example Roma respondents in Greece who were stopped by the police experienced on average nearly 6 stops in a 12 month period. •Majority respondents tend to think that the police are respectful towards them, whereas more minority respondents indicate that the police are disrespectful. For example, in Belgium, 85% of majority population respondents considered that the police were respectful towards them during their last police stop, compared to 42% of North African respondents and 55% of Turkish respondents. •Minority groups who perceive they were stopped by the police on the basis of their ethnic or immigrant background have a lower level of trust in the police than minorities who were stopped and considered it to be unrelated to their minority background. Every second minority victim of assault, threat or serious harassment said they did not report these incidents to the police because they were not confident the police would do anything about them. Details: Vienna: FRA, 2010. 20p. Source: Internet Resource: Data in Focus Report 04: Accessed February 24, 2011 at: http://fra.europa.eu/fraWebsite/attachments/EU-MIDIS-police.pdf Year: 2010 Country: Europe URL: http://fra.europa.eu/fraWebsite/attachments/EU-MIDIS-police.pdf Shelf Number: 120863 Keywords: DiscriminationMinoritiesPolice MisconductPolice-Community RelationsPolicing (Europe) |
Author: Jacobson, Jessica Title: 'Double Trouble'? Black, Asian and Minority Ethnic Offenders' Experiences of Resettlement Summary: The background to the study was the recognition of the critical importance of resettlement provision for offenders, and the evidence of continuing direct and indirect racial discrimination across the criminal justice system as a whole. The study addressed the following questions: 1 What are the major resettlement needs of offenders from BAME (Black, Asian and Minority Ethnic Offenders) groups? 2 How do BAME offenders’ needs differ from those of non-BAME offenders? 3 What are BAME offenders’ experiences of resettlement services? 4 Should specialist resettlement services be made available for BAME offenders? The study had two elements: first, a literature review and, second, qualitative fieldwork. The fieldwork involved semi-structured interviews and focus groups with a total of 113 BAME individuals, of whom 65 were serving prisoners, 28 were on licence and 20 were no longer on licence but had previously been in prison. In addition we conducted interviews and focus groups with 83 representatives of service providers, including prison and probation staff and staff from community and prison-based voluntary agencies. Details: York, UK: Clinks; London: Prison Reform Trust, 2010. 48p. Source: Internet Resource: Accessed March 14, 2011 at: Year: 2010 Country: United Kingdom URL: Shelf Number: 120920 Keywords: DiscriminationEmploymentHousingPrisoner Reentry (U.K.)Race/EthnicityRacial Disparities |
Author: Tippett, Neil Title: Prevention and Response to Identity-Based Bullying Among Local Authorities in England, Scotland and Wales Summary: The overall aim of the report is to establish the extent and effectiveness of local authorities’ and schools’ actions to prevent and respond to prejudice-based bullying of young people both inside and outside of school, on the grounds of disability, gender, gender identity, race, religion or belief or sexual orientation. Summary of Findings: 1.‘Identity-based’ (or ‘Prejudice-based’) bullying is widespread and continues to blight the lives of many young people, affecting educational attainment and having a long term impact on their life chances. A common cause is children’s, and sometimes teachers’ poor understanding of diversity; 2.Schools (and local authorities) need to know the extent of the problem and reasons for any bullying. Recording incidents of the different types of prejudice-based bullying is therefore crucial. Without the appropriate baseline data it is impossible to know the extent of bullying, or monitor the impact of interventions and progress on tackling the problem, or direct resources where they are most needed. Our survey revealed support for a statutory requirement to record and report incidents of prejudice-based bullying, in order to understand the problem and target action and resources where it is needed most. 3.Greater guidance and support is needed to help schools take action against prejudice-based bullying. Our research shows that guidance plays a crucial role in directing anti-bullying work and focussing attention on particular areas. Central government guidance, such as ‘Safe to Learn’ has been well received and more practical guidance from government and non-government organisations was asked for by some respondents. 4.In order to effectively tackle this form of bullying, specific preventative strategies must be adopted such as a ‘whole school approach’ which considers all the equality strands, and focuses on tackling prejudice. Focus within: whole school policies, equality action plans, assemblies, PHSE and citizenship curriculum. Preventative measures are crucial as bullying of this type is a response to prejudice and may happen due to poor understanding of diversity. Bullying of LGB young people and disabled children, including those with learning difficulties shows a particularly strong relationship to prejudiced attitudes held throughout the school. Details: London: Equality and Human Rights Commission, 2010. 147p. Source: Internet Resource: Research Report 64: Accessed March 28, 2011 at: http://www.equalityhumanrights.com/uploaded_files/research/64_identity_based_bullying.pdf Year: 2010 Country: United Kingdom URL: http://www.equalityhumanrights.com/uploaded_files/research/64_identity_based_bullying.pdf Shelf Number: 121079 Keywords: Bullying (U.K.)DisabilitiesDiscriminationPrejudiceSchool Crime |
Author: Greene, Judith Title: Numbers Game: The Vicious Cycle of Incarceration in Mississippi’s Criminal Justice System Summary: The people of Mississippi deserve and demand crime policies that promote public safety, treat people fairly—regardless of the size of their pocketbook or the color of their skin—and use public resources wisely. Unfair, ineffective, financially unsustainable and counterproductive — all terms that, regrettably, apply to significant aspects of Mississippi’s criminal justice policy. Mississippi’s drug law enforcement infrastructure is fundamentally flawed and in dire need of reform. This report undertakes a review and analysis of some of the most troubling aspects of the state’s criminal justice system, with a particular focus on drug law enforcement, and offers recommendations for reform. Major findings in the NUMBERS GAME report include that: •Mississippi’s regional drug task force funding, contingent on the quantity of drug arrests, encourages the indiscriminate use of confidential informants to increase arrest numbers over the quality and public safety impact of the drug cases. •Poorly-structured drug laws, limiting the judicial discretion of judges, produce extremely harsh sentences for relatively minor street-level transactions involving small amounts of drugs, coupled with police enforcement strategies focused on producing high volume low-impact arrest numbers pressure defendants to work as informers, even when drug treatment might prove a better public safety option. •Black Mississippians are three times more likely than whites to go to prison on drug charges even as drug use rates are largely identical for both groups. •The secrecy that shrouds the unchecked use of confidential informants is a practice that invites abuse, undermines the fundamental legitimacy of the criminal justice system and basic social structures in targeted communities. ACLU's two year attempt to secure basic information on the practice, acknowledged by state officials as public files under Mississippi’s Public Record Act, has gone unfulfilled. Details: Brooklyn, NY: Justice Strategies; Jackson, MS: American Civil Liberties Union of Mississippi, 2011. 78p. Source: Internet Resource: Accessed April 7, 2011 at: http://www.justicestrategies.org/sites/default/files/publications/DLRP_MississipppiReport%20Final%20Mar%202011.pdf Year: 2011 Country: United States URL: http://www.justicestrategies.org/sites/default/files/publications/DLRP_MississipppiReport%20Final%20Mar%202011.pdf Shelf Number: 121260 Keywords: Criminal Justice ReformCriminal Justice System (Mississippi)DiscriminationDrug EnforcementDrug OffendersIncarcerationMinoritiesSentencing |
Author: Richards, Kelly Title: Promising Interventions for Reducing Indigenous Juvenile Offending Summary: Indigenous juveniles (those aged 10 to 16 years in Queensland and 10 to 17 years in all other jurisdictions) are over-represented at all stages of the criminal justice system, and their over-representation becomes more pronounced at the most severe end of the system (ie in detention). Recent figures show that Indigenous juveniles are 24 times as likely to be detained in a juvenile correctional facility as non-Indigenous juveniles. A variety of explanations for this over-representation have been proposed, including: • lack of access or disparate access to diversionary programs; • systemic discrimination against Indigenous juveniles (eg police bias against Indigenous juveniles); • inadequate resourcing of Aboriginal legal services; and • genuinely higher levels of offending by Indigenous juveniles. A range of measures (including diversion and juvenile conferencing programs) has recently been implemented to reduce the over-representation of Indigenous juveniles in detention, and minimise the contact of juveniles with the formal criminal justice system. Diversionary measures can only have a limited impact, however, and reducing offending and reoffending have been identified as critical factors to address if the over-representation of Indigenous juveniles is to be reduced. While acknowledging that other measures designed to reduce the over-representation of Indigenous juveniles are important, this paper reviews the evidence on policies and programs that reduce offending by Indigenous juveniles in Australia. Where relevant, research from comparable jurisdictions, such as New Zealand and Canada, is also discussed. Details: Sydney: Indigenous Justice Clearinghouse, 2011. 8p. Source: Internet Resource: Research Brief No. 10: Accessed April 7, 2011 at: http://www.indigenousjustice.gov.au/briefs/brief010.pdf Year: 2011 Country: Australia URL: http://www.indigenousjustice.gov.au/briefs/brief010.pdf Shelf Number: 121267 Keywords: Delinquency PreventionDiscriminationIndigenous Peoples (Australia)Juvenile DetentionJuvenile OffendersRehabilitation Programs |
Author: U.S. Department of Justice. Civil Rights Division Title: Investigation of the New Orleans Police Department Summary: The New Orleans Police Department (NOPD) has long been a troubled agency. Basic elements of effective policing — clear policies, training, accountability, and confidence of the citizenry —have been absent for years. Far too often, officers show a lack of respect for the civil rights and dignity of the people of New Orleans. While the majority of the force is hardworking and committed to public safety, too many officers of every rank either do not understand or choose to ignore the boundaries of constitutional policing. Some argue that, given the difficulty of police work, officers must at times police harshly and bend the rules when a community is confronted with seemingly intransigent high levels of crime. Policing is undeniably difficult; however, experience and study in the policing field have made it clear that bending the rules and ignoring the Constitution makes effective policing much more challenging. NOPD’s failure to ensure that its officers routinely respect the Constitution and the rule of law undermines trust within the very communities whose cooperation the Department most needs to enforce the law and prevent crime. As systematic violations of civil rights erode public confidence, policing becomes more difficult, less safe, and less effective, and crime increases. The deficiencies in the way NOPD polices the City are not simply individual, but structural as well. For too long, the Department has been largely indifferent to widespread violations of law and policy by its officers. NOPD does not have in place the basic systems known to improve public safety, ensure constitutional practices, and promote public confidence. We found that the deficiencies that lead to constitutional violations span the operation of the entire Department, from how officers are recruited, trained, supervised, and held accountable, to the operation of Paid Details. In the absence of mechanisms to protect and promote civil rights, officers too frequently use excessive force and conduct illegal stops, searches and arrests with impunity. In addition, the Department’s culture tolerates and encourages under-enforcement and under-investigation of violence against women. The Department has failed to take meaningful steps to counteract and eradicate bias based on race, ethnicity, and LGBT status in its policing practices, and has failed to provide critical policing services to language minority communities. The problems in NOPD developed over a long period of time and will take time to address and correct. The Department must develop and implement new policies and protocols, train its officers in effective and constitutional policing, and institutionalize systems to ensure accountability, foster police-community partnerships, improve the quality of policing to all parts of the City, and eliminate unlawful bias from all levels of NOPD policing decisions. Recommendations on achieving these changes are attached to this Report. We look forward to working with NOPD and the City of New Orleans to address the violations of constitutional and federal law that we identified, by developing and implementing a comprehensive blueprint for sustainable reform that will: (1) reduce crime; (2) ensure respect for the Constitution and the rule of law; and (3) restore public confidence in NOPD. Details: Washington, DC: U.S. Department of Justice, Civil Rights Division, 2011. 158p. Source: Internet Resource: Accessed April 8, 2011 at: http://www.justice.gov/crt/about/spl/nopd_report.pdf Year: 2011 Country: United States URL: http://www.justice.gov/crt/about/spl/nopd_report.pdf Shelf Number: 121279 Keywords: DiscriminationGender BiasPolice BehaviorPolice MisconductPolice Recruitment and SelectionPolice ReformPolice Use of ForcePolice-Community RelationsPolicing (New Orleans) |
Author: Victoria (Australia). Office of Police Integrity Title: Talking Together – Relations between Police and Aboriginal and Torres Strait Islanders in Victoria: A Review of the Victoria Police Aboriginal Strategic Plan 2003-2008 Summary: The broad formal acknowledgment of the unique place occupied by Aboriginal and Torres Strait Islander peoples in contemporary Australia is a relatively recent phenomenon. But the special attention given to the over-representation of Aboriginal and Torres Strait Islander peoples in Australia’s criminal justice system has been much more long-standing. Since the 1991 Report of the Royal Commission into Aboriginal Deaths in Custody, Victoria, along with most other Australian jurisdictions, has undertaken a range of strategies aimed at reducing the disproportionate numbers of Aboriginal and Torres Strait Islander people incarcerated in prisons. Because police have significant discretionary powers and play an important role as the point of entry to the criminal justice system, many of these strategies have specifically targeted police practices. But police are only a component of a much broader continuum that influences justice outcomes for Aboriginal and Torres Strait Islander people. Although alcohol abuse and violence were not features of traditional Aboriginal and Torres Strait Islander culture, they are now predominant themes associated with Koori offending. The underlying factors associated with alcohol abuse and violence in Koori communities are complex. Clearly, the most effective strategies to improve justice outcomes for Koori people are those that achieve a reduction in alcohol abuse and violence. While police may have some role in effective prevention strategies, leadership for developing and implementing strategies for reducing Koori family violence must come from Koori communities themselves and be supported by a whole-of-government approach. Achieving sustained systemic change is a long term goal. It is probable police will continue to have a disproportionally substantial role in the lives of many Kooris for some time. In 2003, one in three Aboriginal and Torres Strait Islander Victorians, many of whom were children, were reported to be the victim, a relative of a victim or a witness to an act of violence. The great majority of these acts of violence were likely to have resulted in a police call-out. But by the time police respond, there may be little they can do, other than use their powers of arrest to extricate an offender and provide for the safety of others. Similarly, police often have few options when responding to concerns about a Koori who is alcohol-affected, other than to take the person into custody for his or her own safety or the safety of others. Although in many cases police may have limited options, how they go about performing their duties is important. Unlike their non-Koori counterparts, many Koori children will have had contact with police from an early age. How police first interact with Koori children can have a strong and lasting impact on how Koori children and young people relate to police as they mature into adulthood. Similarly, the interaction between police and Koori community Elders can influence the outcome of potentially volatile situations. Understanding cultural issues and building relationships based on mutual respect can be the difference between diffusing a situation or escalating it. It is within this context that in 2003 Victoria Police developed a strategic plan for policing Aboriginal and Torres Strait Islander communities. The focus of this Review was to establish how the 2003 Strategic Plan and other Department of Justice initiatives aimed at improving justice outcomes for Kooris have affected local communities. Details: Melbourne: Office of Police Integrity, 2011. 93p. Source: Internet Resource: Accessed April 19, 2011 at: http://www.opi.vic.gov.au/index.php?i=19 Year: 2011 Country: Australia URL: http://www.opi.vic.gov.au/index.php?i=19 Shelf Number: 121401 Keywords: Alcohol Related Crime and DisorderDiscriminationIndigenous PeoplesPolice DiscretionPolice-Citizen InteractionsPolice-Community RelationsPolicing (Australia) |
Author: European Commission Title: Feasibility Study to Assess the Possibilities, Opportunities and Needs to Standardise National Legislation on Violence Against Women, Violence Against Children and Sexual Orientation Violence Summary: Over the last three decades the connections between interpersonal violence, inequalities and human rights have received increasing attention in law, research and practice in the three fields of violence that are subject of this study: violence against women (VAW), violence against children (VAC) and sexual orientation violence (SOV). Human rights thinking has expanded beyond the use of violence by states in recognising that violence targeted at individuals as members of social groups and/or experienced disproportionately by members of disadvantaged groups is a state responsibility. Th is places the three forms of violence squarely in the arena of fundamental rights. The failure of states and state agencies to adequately protect the public against, and support them in the aftermath of discriminatory violence and violence resulting in harm to a child’s development not only means that victims experience violations of basic human rights, but that they are also deprived of equal access to basic needs as well as to justice, employment, leisure, community and political participation, freedom of movement — the latter all core elements of European concepts of citizenship. Whether in public or private, unchecked violence places fundamental rights in jeopardy. Definitions of violence vary widely, making the topic challenging and contested: moreover, international treaties and conventions frequently fail to provide specific definitions of the types of actions that should be prohibited or require protection. One outcome of this project is a set of proposed definitions of the forms of violence it addresses. The central task was to provide a coherent analysis of the need for, possibilities of, and potential hurdles to standardised national legislation across three fields of violence for EU Member States. To this end the Commission set five research tasks: the mapping of relevant legislation on VAW, VAC and SOV and its implementation; comparative analysis; a set of minimum standards; a model of factors affecting perpetration and how these are, or could be, addressed in legislation; a set of recommendations. Details: Luxembourg: Publications Office of the European Union, 2010. 216p., app. Source: Internet Resource: accessed October 6, 2011 at: http://www.europarl.europa.eu/eplive/expert/multimedia/20110405MLT17038/media_20110405MLT17038.pdf Year: 2010 Country: Europe URL: http://www.europarl.europa.eu/eplive/expert/multimedia/20110405MLT17038/media_20110405MLT17038.pdf Shelf Number: 122993 Keywords: Child Abuse and NeglectDiscriminationFamily ViolenceForced MarriageHonour-Based ViolenceHuman RightsInterpersonal ViolenceIntimate Partner ViolenceStalkingViolence Against Women (Europe) |
Author: Polacek, Richard Title: Joining Forces to Combat Homophobic and Transphobic Hate Crime: Cooperation Between Police Forces and LGBT Organisations in Europe Summary: In the past years, we have witnessed some positive developments of the legal environment to combat discrimination based on sexual orientation in the European Union Member States, although a lot still remains to be done. The social situation of lesbian, gay, bisexual and transgender (LGBT) people, however, continues to be worrying. Homophobic and transphobic hate speech and hate crime are a common phenomenon in the European Union today. Derogatory or offensive remarks, as well as verbal and physical assaults testify to the widespread persistence of homophobia in our societies. We have to take a stand against such crimes. They do not only cause harm to the lives of the individuals concerned but to society as a whole. This handbook shows that there are a number of ways in which different actors can work together to make Europe’s cities and communities safer for LGBT people. Little by little, steps can and should be taken by NGOs and state authorities alike, regardless of whether or not they are explicitly obliged to combat homophobic crime by relevant laws. This inspiring publication shows the important role of fostering prevention, assistance in reporting and adequate recording of homophobic and transphobic incidents, as well as raising awareness among law enforcement authorities and their proper training. These are key elements in ensuring that homophobic and transphobic crime is investigated to the same high standard as other forms of crime. Finally, the handbook highlights how, through the involvement and support of LGBT organisations, it is possible to achieve significant change. It is therefore particularly important that serious and professional organisations such as ILGA-Europe and the many more throughout Europe are acknowledged by public authorities as key partners in their work. Details: Brussels: European Region of the International Lesbian, Gay, Bisexual, Trans & Intersex Association (IGLA), 2010. 74p. Source: Internet Resource: Accessed October 22, 2011 at: http://www.dayagainsthomophobia.org/IMG/pdf/ILGA_Europe_Homophobic_Hate_Crime.pdf Year: 2010 Country: Europe URL: http://www.dayagainsthomophobia.org/IMG/pdf/ILGA_Europe_Homophobic_Hate_Crime.pdf Shelf Number: 123090 Keywords: DiscriminationHate Crimes (Europe)Hate Speech |
Author: U.S. Government Accountability Office Title: Preventing Sexual Harassment: DOD Needs Greater Leadership Commitment and an Oversight Framework Summary: Sexual harassment is a form of unlawful discrimination that can jeopardize the military's combat readiness and mission accomplishment by weakening interpersonal bonds and eroding unit cohesion. GAO was asked to examine the most current available data on sexual harassment in the military and to assess the Department of Defense's (DOD) efforts to address this issue. GAO evaluated the extent to which DOD (1) has developed and implemented policies and programs to help prevent and address incidents of sexual harassment involving servicemembers, (2) has visibility over the occurrence of sexual harassment involving servicemembers, and (3) provides oversight of its policies and programs for addressing incidents of sexual harassment. To conduct this review, GAO analyzed DOD and service policies and DOD's available sexual harassment complaint data. GAO also conducted small-group discussions and administered a nongeneralizable survey during site visits to six military installations. DOD has a long-standing policy aimed at providing an environment that is free from sexual harassment, and each of the military services has implemented its own polices and a program for addressing sexual harassment; however, some aspects of its policy and programs could be improved. For example, according to a 2010 DOD survey, while the majority of active duty servicemembers indicated that they believe that their immediate supervisor makes honest and reasonable efforts to stop sexual harassment, an estimated 25 percent of servicemembers indicated they did not know whether or did not believe their supervisor made such efforts. DOD's survey also found that an estimated 41 percent of servicemembers indicated that in their work group people would be able to get away with sexual harassment to some extent, even if it were reported. Similarly, GAO's nongeneralizable survey of active duty servicemembers found that 64 of 264 females and 53 of 319 males did not believe or were unsure of whether their direct supervisor created a climate that discourages sexual harassment from occurring. GAO also found that DOD has not held commanders accountable for completing required assessments of the equal opportunity climates in their commands. Further, GAO found that DOD does not have adequate guidance on how incidents of sexual harassment should be handled in environments wherein two or more of the services are operating together, resulting in confusion or reducing servicemembers' satisfaction with how complaints are handled. GAO found that DOD has limited visibility over the occurrence of sexual harassment because not all military installations and commands report sexual harassment complaint data to their respective service-level sexual harassment program offices and found that the department does not have a set of uniform data elements with which to collect such data. GAO also found that servicemembers resolve most complaints of sexual harassment informally rather than report them formally. Estimates from DOD's survey found that the majority of servicemembers who felt they were harassed sexually chose not to formally report the incident. Similarly, GAO's survey found that 82 of 583 servicemembers indicated that they had been harassed sexually during the preceding 12 months; of these, only 4 indicated that they had reported the incident formally. GAO found several reasons why servicemembers may choose not to report an incident, including the belief that the incident was not sufficiently serious to report or that the incident would not be taken seriously if reported. DOD has established some oversight requirements but has exercised little oversight of its policies and programs for addressing incidents of sexual harassment. GAO found that the office responsible for overseeing DOD's sexual harassment policies and programs has not developed an oversight framework--including clear goals, objectives, milestones, and metrics for measuring progress--to guide its efforts. For example, although DOD requires the services to provide an annual assessment of their programs, including specific data for sexual harassment complaints, DOD has not enforced these reporting requirements for almost a decade. Moreover, DOD's resources for oversight of this area are limited to one person, who has multiple other responsibilities. As a result, decision makers in DOD do not have the information they need to provide effective oversight, or assess the effectiveness, of the department's policies and programs. GAO is making a total of five recommendations to improve the implementation and oversight of DOD's sexual harassment policies and programs, such as specifying uniform data elements when collecting and reporting complaint data and developing an oversight framework to help guide the department's efforts. DOD concurred with GAO's recommendations and noted it will develop an executable plan, prioritize actions, and address resourcing for the changes recommended. Details: Washington, DC: U.S. Government Accountability Office, 2011. 47p. Source: Internet Resource: GAO-11-809: Accessed October 26, 2011 at: http://www.gao.gov/new.items/d11809.pdf Year: 2011 Country: United States URL: http://www.gao.gov/new.items/d11809.pdf Shelf Number: 123149 Keywords: DiscriminationMilitary PersonnelSexual Harassment (U.S.) |
Author: U.S. Department of Justice. Civil Rights Division. United States Attorney’s Office, Western District of Washington Title: Investigation of the Seattle Police Department Summary: On March 31, 2011, the Civil Rights Division opened an investigation of the Seattle Police Department (SPD) pursuant to the Violent Crime Control and Law Enforcement Act of 1994, the Omnibus Crime Control and Safe Streets Act of 1968, and Title VI of the Civil Rights Act of 1964. Following its comprehensive investigation, the Justice Department on December 16, 2011, announced its findings that the SPD has engaged in a pattern or practice of officers using excessive force. The Justice Department also announced that its investigation raised serious concerns that some of SPD's policies and practices, particularly those related to pedestrian encounters, could result in unlawful discriminatory policing. Additionally, on November 23, 2011, the Justice Department released a technical assistance letter that provided our specific recommendations regarding SPD's practices relating to an officer's protections against self-incrimination pursuant to the U.S. Supreme Court case of Garrity v. New Jersey. The documents on this page provide more information about the investigation, the Justice Department's findings, and next steps. Details: Washington, DC: U.S. Department of Justice, 2011. 67p. Source: Internet Resource: Accessed January 13, 2012 at: http://www.justice.gov/crt/about/spl/documents/spd_findletter_12-16-11.pdf Year: 2011 Country: United States URL: http://www.justice.gov/crt/about/spl/documents/spd_findletter_12-16-11.pdf Shelf Number: 123599 Keywords: DiscriminationPolice Misconduct (Seattle)Police Use of ForceRacial Profiling in Law Enforcement |
Author: Great Britain. Equality and Human Rights Commission Title: How Fair is Britain? Equality, Human Rights and Good Relations in 2010. The First Triennial Review Summary: Britain is a country where we despise prejudice, embrace equality and believe in the fundamental right of the individual to make the most of his or her talents in a free society. We are increasingly at ease with diversity of all kinds, and intolerant of discrimination of any kind. Yet all too many of us remain trapped by the accident of our births, our destinies far too likely to be determined by our sex or race; our opportunities far too often conditioned by the fact that our age, or disability, our sexual preferences, or deeply held religion or belief make us lesser beings in the eyes of others. And far too many of us are still born into families without the material or social capital to give us the right start in life. In short, we twenty-first century Britons are a largely fair-minded people. But we are not yet a fair society. And we know that no individual can be truly free to realise their potential, or to exercise their inalienable human rights as long as they are imprisoned by the invisible, many-stranded web of prejudice, inertia and unfairness that holds so many back. This Review of our society’s progress in equality, human rights and good relations is the first comprehensive picture of its kind, enumerating the gaps between our ambitions for fairness and the actuality. There is much here that should make us hopeful; many of the old biases are, if not vanquished, on their way out. But there is also a great deal still to be done; and there are new challenges emerging. The Review is not a prescription for change. But it does aim to do three things. First, to amass objective evidence that will help us to decide where best to focus our resources and energies as a society, particularly at a time when we need to husband both carefully. Second, to provide a transparent, non-partisan account of where we stand now so we can judge whether decisions taken now might reduce fairness in the future. The Review’s findings provide benchmarks against which we can measure the impact of our actions, whether as members of public, private or voluntary bodies, or sometimes just as citizens. And finally, the picture here will, we hope, provide the basis for further debate and concerted action to decrease inequality, and increase fairness throughout our society. Details: London: Equality and Human Rights Commission, 2010. 751p. Source: Internet Resource: Accessed January 19, 2012 at: http://www.equalityhumanrights.com/uploaded_files/triennial_review/how_fair_is_britain_-_complete_report.pdf Year: 2010 Country: United Kingdom URL: https://www.equalityhumanrights.com/sites/default/files/how_fair_is_britain_-_complete_report.pdf Shelf Number: 123670 Keywords: BiasDiscriminationHate CrimesHuman Rights (U.K.) |
Author: Pennsylvania. Supreme Court. Committee on Racial and Gender Bias in the Justice System Title: Rinal Report of the Pennsylvania Supreme Court Committee on Racial and Gender Bias in the Justice System Summary: This report reviews several areas of the criminal justice system in Pennsylvania in regards to racial and gender bias. Among the areas reviewed were: litigants with limited-English proficiency, employment practices within the courtroom workgroup, perceptions of bias by the courtroom workgroup, juvenile justice, and the death penalty. Along with an indepth analysis of several areas of the system, the report provides specific recommendations for reform. Details: Harrisburg, PA: Pennsylvania Supreme Court, 2003 549p. Source: Internet Resource: Accessed January 19, 2012 at: http://www.courts.state.pa.us/NR/rdonlyres/EC162941-F233-4FC6-9247-54BFE3D2840D/0/FinalReport.pdf Year: 2003 Country: United States URL: http://www.courts.state.pa.us/NR/rdonlyres/EC162941-F233-4FC6-9247-54BFE3D2840D/0/FinalReport.pdf Shelf Number: 123672 Keywords: BiasCourtsCriminal Justice ReformCriminal Justice Systems (Pennsylvania)DiscriminationGenderRacial Disparities |
Author: Grant, Jaime M. Title: Injustice at Every Turn: A Report of the National Transgender Discrimination Survey Summary: This study brings to light what is both patently obvious and far too often dismissed from the human rights agenda. Transgender and gender non-conforming people face injustice at every turn: in childhood homes, in school systems that promise to shelter and educate, in harsh and exclusionary workplaces, at the grocery store, the hotel front desk, in doctors’ offices and emergency rooms, before judges and at the hands of landlords, police officers, health care workers and other service providers. Hundreds of dramatic findings on the impact of anti-transgender bias are presented in this report. In many cases, a series of bias-related events lead to insurmountable challenges and devastating outcomes for study participants. It is part of social and legal convention in the United States to discriminate against, ridicule, and abuse transgender and gender non-conforming people within foundational institutions such as the family, schools, the workplace and health care settings, every day. Instead of recognizing that the moral failure lies in society’s unwillingness to embrace different gender identities and expressions, society blames transgender and gender non-conforming people for bringing the discrimination and violence on themselves. Nearly every system and institution in the United States, both large and small, from local to national, is implicated by this data. Medical providers and health systems, government agencies, families, businesses and employers, schools and colleges, police departments, jail and prison systems—each of these systems and institutions is failing daily in its obligation to serve transgender and gender non-conforming people, instead subjecting them to mistreatment ranging from commonplace disrespect to outright violence, abuse and the denial of human dignity. The consequences of these widespread injustices are human and real, ranging from unemployment and homelessness to illness and death. This report is a call to action for all of us, especially for those who pass laws and set policies and practices, whose action or continued inaction will make a significant difference between the current climate of discrimination and violence and a world of freedom and equality. And everyone else, from those who drive buses or teach our children to those who sit on the judicial bench or write prescriptions, must also take up the call for human rights for transgender and gender non-conforming people, and confront this pattern of abuse and injustice. Details: Washington, DC: National Center for Transgender Equality and National Gay and Lesbian Task Force, 2011. 228p. Source: Internet Resource: Accessed March 2, 2012 at http://www.thetaskforce.org/downloads/reports/reports/ntds_full.pdf Year: 2011 Country: United States URL: http://www.thetaskforce.org/downloads/reports/reports/ntds_full.pdf Shelf Number: 124359 Keywords: Bias CrimesDiscriminationTransgender |
Author: Muka, Ondrej Title: Kriminalita motivovaná nenávistí ve světle právních a faktických opatření v ČR -- Combating Hate Crime in the Czech republic Summary: Even the Czech society begins to face new problems on the threshold of the 21st century – a hate crime. In connection to the international relations liberalization after the year 1989, free movement of material possessions, ideas, services and people, the Czech society is put on new influences brought along such processes. The fallen yoke of the communist dictatorship released a “democratic” powerhouse of new or out-of-way and pent-up ideas not always leading to a model of the community tolerant solidarity. The liberal capitalism and globalization processes connected to an access to new technologies opened up a way to spreading not only new views and movements but also a detachment of the entire social groups inclining to certain models of behaviour, thinking and feeling. Such new relief is necessary to be observed and analysed in a thorough manner in order not to have the forms arisen directed to suppression of fundamental human rights and freedoms. One of such phenomena is also the hate crime. We speak about the hate crime in relation to growing number of racist, ethnic, religious or otherwise intolerantly motivated crimes. This is one of a number of chapters accompanying the aforementioned processes. A number of measures were adopted and implemented in the Czech Republic within fighting such crimes and tend to be a part of superior problems, the so-called “extremism”. The crimes motivated by racist intolerance or hate, crimes motivated by ethnic intolerance or hate, crimes motivated by religious intolerance or hate and crimes motivated by other type of intolerance or hate are those belonging among crimes with an extremist implication. It specifically concerns the following merits of cases under The Criminal Code: violation of copyright, violation of rights relating to copyright and rights to database (Section 152), assault of a public officer (Section 155 and Section 156), perjury (Section 174), violence against a group of persons and individual (Section 196 and Section 197(a)), defamation of nation, race and belief (Section 198), incitement and promotion of hatred against a group of persons or limitation of their rights and freedoms (Section 198(a)), dissemination of false news (Section 199), rioting (Section 202), murder (Section 219), aggravated battery (Section 221 and Section 222), robbery (Section 234), extortion (Section 235), infringement of the freedom of worship (Section 236), forcible entry into dwelling (Section 238), harm done to a thing of another person (Section 257) and support and promotion of movements directing to suppression of rights and freedoms of a human being (Section 260, Section 261 and Section 261(a)). Details: Prague, Czech Helsinki Committee, 2008. 70p. Source: Internet Resource: Accessed April 10, 2012 at: http://www.helcom.cz/download/sborniky/CHV_HateCrime.pdf Year: 2008 Country: Czech Republic URL: http://www.helcom.cz/download/sborniky/CHV_HateCrime.pdf Shelf Number: 124920 Keywords: Bias CrimesDiscriminationExtremist GroupsHate Crimes (Czech Republic) |
Author: Human Rights Campaign Foundation Title: A Guide to State-Level Advocacy Following Enactment of the Hate Crimes Prevention Act Summary: The guide provides state-specific data on current hate crime laws in every state, identifies where hate crime laws could be stronger and offers feedback about improvements that could be made. It also offers a model hate crime law and steps that victims of hate crimes can take, as well as frequently asked questions on the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act (HCPA). Details: Washington, DC: Human Rights Campaign Foundation, 2011. 86p. Source: Internet Resource: Accessed April 12, 2012 at: http://www.hrc.org/resources/entry/a-guide-to-state-level-advocacy-following-enactment-of-the-matthew-she Year: 2011 Country: United States URL: http://www.hrc.org/resources/entry/a-guide-to-state-level-advocacy-following-enactment-of-the-matthew-she Shelf Number: 124941 Keywords: Bias CrimesDiscriminationHate Crimes (U.S.) |
Author: Stotzer, Rebecca Title: Comparison of Hate Crime Rates Across Protected and Unprotected Groups Summary: Sexual orientation and gender identity are not currently covered by federal hate crime laws. This analysis compares victimization rates for lesbian, gay, and bisexual individuals with groups already covered by hate crime laws. Results indicate that the hate crime rate against lesbian, gay, and bisexual individuals is comparable to the rate of hate crimes against already protected groups. While the National Coalition of Anti-Violence Programs reports an average of 213 hate crimes per year, the federal government has no system in place for documenting or collecting these statistics. This discrepancy indicates a need for including gender identity in hate crime tracking laws, and extending legislative protection to lesbian, gay, bisexual, and transgender people. Details: The Williams Institute, 2007. 4p. Source: Internet Resource: Accessed April 15, 2012 at http://williamsinstitute.law.ucla.edu/wp-content/uploads/Stotzer-Comparison-Hate-Crime-June-2007.pdf Year: 2007 Country: United States URL: http://williamsinstitute.law.ucla.edu/wp-content/uploads/Stotzer-Comparison-Hate-Crime-June-2007.pdf Shelf Number: 124970 Keywords: Bias-Motivated CrimesCrime RatesCrime StatisticsDiscriminationHate CrimeLegislation |
Author: Stahnke, Tad Title: 2008 Hate Crime Survey Summary: Human Rights First’s 2008 Hate Crime Survey—our second annual study—is a review of the rising tide of hate crime covering the region from the Far East of the Russian Federation and the Central Asian states across Europe to North America: the 56 participating states of the Organization for Security and Cooperation in Europe (OSCE). Human Rights First continues to document and analyze the reality of violent hate crime. We have reviewed available reports on violence motivated by prejudice and hatred, including the findings of the few official monitoring systems that provide meaningful statistical information. This data—combined with the findings of nongovernmental monitoring organizations as well as media reporting—provides important insights into the nature and incidence of violent hate crimes. Our aim is to raise the profile of these insidious crimes and the challenges they pose to societies that are becoming increasingly diverse. Hate crimes are everyday occurrences that result in broken windows and burnt out homes, mental distress and bodily harm—sometimes fatal. Hate crimes threaten whole communities who identify with the victim based on race, religion, or other attributes, leaving many to live in fear and alienated from the larger society. This report seeks to overcome official indifference and indecision in the fight against such crime. In the first part of this report, we examine six facets of hate crime in sections on Violence Based on Racism and Xenophobia, Antisemitic Violence, Violence Against Muslims, Violence Based on Religious Intolerance, Violence Against Roma, and Violence Based on Sexual Orientation and Gender Identity Bias. In the second part, we assess government responses to violent hate crimes in sections on Systems of Monitoring and Reporting and The Framework of Criminal Law. Although not included in this compilation, the 2008 Hate Crime Survey also includes separate sections on the Russian Federation and Ukraine, where hate crime has been on the rise and where governments have not responded adequately. No state is immune from the prejudice and bigotry that stand behind bias-motivated violence. A Country Panorama section profiles hate crime cases from 30 countries and includes in-depth descriptions of hate crime in France, Germany, and the United Kingdom—three countries where considerable efforts have been undertaken to combat hate crimes. Similarly, there has generally been a vigorous government response to hate crime in the United States, even though the problem continues. In a separate substantive section on the U.S., we outline recommendations to enhance the government’s response. These sections are available at the Fighting Discrimination website: www.humanrightsfirst.org/discrimination. Human Rights First is concerned that governments are not doing enough to combat violent hate crimes. In this survey, we offer a Ten-Point Plan for governments to strengthen their response. In particular, we are calling on governments to establish systems of official monitoring and data collection to fill the hate crime information gap. We are likewise urging them to improve criminal law and law enforcement procedures required to combat hate crimes. Stronger laws that expressly address violent hate crimes are necessary to more effectively deter, detect, and hold perpetrators accountable. International organizations also have an important role to play, and this Survey provides Recommendations for Strengthening the OSCE, in particular by advancing the organization’s tolerance and nondiscrimination agenda—of which combating hate crime is an important component. Details: New York: Human Rights First, 2008. 186p. Source: Internet Resource: Accessed April 15, 2012 at http://www.humanrightsfirst.org/wp-content/uploads/pdf/FD-081103-hate-crime-survey-2008.pdf Year: 2008 Country: United States URL: http://www.humanrightsfirst.org/wp-content/uploads/pdf/FD-081103-hate-crime-survey-2008.pdf Shelf Number: 124972 Keywords: Bias CrimeCrime RatesDiscriminationHate CrimeViolent Crime |
Author: Males, Mike Title: San Francisco’s Arrest Rates of African Americans for Drug Felonies Worsens Summary: The following publication details a 40+ year pattern of San Francisco’s racially discriminatory arrest practices against African Americans, which recently increased in intensity. Specifically, the publication finds: African Americans experienced felony drug arrest rates 19 times higher than other races in San Francisco, and 7.3 times higher than African Americans elsewhere in California. San Francisco’s explosion in drug felony arrests of African Americans, during the 1995-2009 period, did not occur elsewhere in the state, nor for other racial categories in the city. The city’s African American female youth account for over 40% of the felony drug arrests of African American female youths in California, and have arrest rates 50 times higher than their counterparts in other counties. More than half of all youth drug felonies involved African Americans, who constitute 9% of the city’s youth; and one-third Latino males, who comprise 11% of the city’s youth. Despite disproportionately high drug arrest rates among young African Americans in San Francisco, of the more than 2,000 residents and nonresidents in the city who have died from abuse of illicit drugs in the last decade, 6 in 10 were non-Latino Whites, and more than 7 in 10 were age 40 and older. The Center on Juvenile and Criminal Justice (CJCJ) respectfully recommends that the San Francisco Human Rights Commission and San Francisco Board of Supervisors investigate and respond to these racially disparate trends of policing and arrest. It is arguable that this violates the human rights of African Americans under the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) and the anti-discriminatory clause of the International Covenant on Civil and Political Rights (ICCPR), both signed and ratified by the United States. This publication concludes with three recommendations for consideration by the San Francisco Human Rights Commission and Board of Supervisors, to investigate and adequately address the concerns highlighted throughout this publication. Details: San Francisco: Center on Juvenile and Criminal Justice, 2012. 28p. Source: Internet Resource: Accessed May 2, 2012 at: http://www.cjcj.org/files/Drug_Policy_2012_in_SF.pdf Year: 2012 Country: United States URL: http://www.cjcj.org/files/Drug_Policy_2012_in_SF.pdf Shelf Number: 125129 Keywords: African AmericansArrest and ApprehensionDiscriminationDrug Offenders (San Francisco)Felony Drug ArrestsRacial DisparitiesRacial Profiling, Drug Offenders |
Author: Association of Chief Police Officers. Race and Diversity Working Group Title: Hte Crime: Delivering a Quality Service. Good Practice and Tactical Guidance Summary: Hate crime scars its victims beyond the legacy of any physical injury. If it is not professionally and successfully countered by the agencies of social control, its pervasive effect is to create alarm and fear as it chips away the mortar of social cohesion. This document therefore provides comprehensive step-by-step guidance to forces as they revisit and develop their own policy approaches and tactical options. It is not the product of speculative thinking as the sections are constructed on proven good practice in particular areas of activity by various forces across England, Wales and Northern Ireland. It is a textbook therefore for the Police Service to learn from its own experience. Details: London: Home Office and the Association of Chief Police Officers, 2005. 104p. Source: Internet Resource: Accessed May 19, 2012 at: http://revroland.law.officelive.com/Documents/hatecrimeguide.pdf Year: 2005 Country: United Kingdom URL: http://revroland.law.officelive.com/Documents/hatecrimeguide.pdf Shelf Number: 125261 Keywords: Bias CrimesDiscriminationHate Crimes (U.K.) |
Author: Iganski, Paul Title: Hate Crimes Against London's Jews: An Analysis of Incidents Recorded by the Metropolitan Police Service 2001-2004 Summary: In Aprit 2004 the House of Commons debated the apparent rise of antisemitic incidents and the prevailing antisemitic ctimate in Britain. Responding on behalf of the Government, Home offlce Minister Fiona Mactaggart M. P. reported that 'together with the lnstitute for Jewish Policy Research, the Metropolitan Police is conducting research into such incidents to get a more accurate feel for their nature and to develop a more effective response to them. This highly informative book presents the findings of that joint research project with a view to understanding more clearly the dynamics of antisenitic incidents recorded by the police in London. For the first time in published form, Metropotitan potice service records of antisemltic incidents in London are analysed and placed in the context of the attention drawn to the increasing problem of street-level antisemitism reported by the European Union Monitoring Centre on Racism and Xenophobia (2004) and the U.S. State Oepartment (2005). Drawing from crime reports for the calendar years 2OO1-ZOO4, the book discusses the nature and location of incidences, and the charateristics of victims and offenders, and uses qualitative information in the crime reports to theorise about the social context and potential motivations behind incidents. Details: London: Institute for Jewish Policy Research, 2005. 131p. Source: Internet Resource: accessed May 19, 2012 at: http://www.jpr.org.uk/downloads/Hate_Crimes_against_Londons_Jews.pdf Year: 2005 Country: United Kingdom URL: http://www.jpr.org.uk/downloads/Hate_Crimes_against_Londons_Jews.pdf Shelf Number: 125262 Keywords: Bias CrimesDiscriminationHate Crimes (U.K.) |
Author: Human Rights First Title: 2008 Hate Crime Survey Summary: Human Rights First’s 2008 Hate Crime Survey—our second annual study—is a review of the rising tide of hate crime covering the region from the Far East of the Russian Federation and the Central Asian states across Europe to North America: the 56 participating states of the Organization for Security and Cooperation in Europe (OSCE). Human Rights First continues to document and analyze the reality of violent hate crime. We have reviewed available reports on violence motivated by prejudice and hatred, including the findings of the few official monitoring systems that provide meaningful statistical information. This data—combined with the findings of nongovernmental monitoring organizations as well as media reporting—provides important insights into the nature and incidence of violent hate crimes. Our aim is to raise the profile of these insidious crimes and the challenges they pose to societies that are becoming increasingly diverse. Hate crimes are everyday occurrences that result in broken windows and burnt out homes, mental distress and bodily harm—sometimes fatal. Hate crimes threaten whole communities who identify with the victim based on race, religion, or other attributes, leaving many to live in fear and alienated from the larger society. This report seeks to overcome official indifference and indecision in the fight against such crime. In the first part of this report, we examine six facets of hate crime in sections on Violence Based on Racism and Xenophobia, Antisemitic Violence, Violence Against Muslims, Violence Based on Religious Intolerance, Violence Against Roma, and Violence Based on Sexual Orientation and Gender Identity Bias. In the second part, we assess government responses to violent hate crimes in sections on Systems of Monitoring and Reporting and The Framework of Criminal Law. Details: New York: Human Rights First, 2008. 186p. Source: Internet Resource: Accessed May 19, 2012 at: http://www.humanrightsfirst.org/wp-content/uploads/pdf/FD-081103-hate-crime-survey-2008.pdf Year: 2008 Country: International URL: http://www.humanrightsfirst.org/wp-content/uploads/pdf/FD-081103-hate-crime-survey-2008.pdf Shelf Number: 125263 Keywords: Bias CrimesDiscriminationHate Crime |
Author: Dutta, Debolina Title: Count Me IN! Research Report on Violence Against Disabled, Lesbian, and Sex-working Women in Bangladesh, India, and Nepal Summary: The count me IN! Research Report on Violence Against Disabled, Lesbian, and Sex-working Women in Bangladesh, India, and Nepal is based on the first ever multi-country research study on violence faced by disabled women, lesbian women, and female sex workers (FSWs) in three countries in South Asia—Bangladesh, India, and Nepal. CREA conducted the research study in partnership with University College London (UCL); James P Grant School of Public Health, BRAC University, Bangladesh; Society for Nutrition, Education, and Health Action (SNEHA), India; and Centre for Research on Environment Health and Population Activities (CREHPA), Nepal. This report collates the findings and recommendations that emerged from the three country studies carried out by the research partners, under the aegis of CREA and UCL. Although significant strides have been made towards gender equality and women’s empowerment in many parts of the world, violence against women (VAW) continues to be a pressing issue for the South Asian agenda. Violence against women who are marginalised on the basis of sexuality or gender expression is particularly high. Yet, it remains under-reported and under-addressed because of the stigma and discrimination associated with them. The study investigated the hypothesis that women who are outside the mainstream of the South Asian society suffer higher rates of violence and are often unable to seek and receive protection from State agencies. Women who are outside the mainstream on account of, for example, their sexuality (women who have sex with women), their occupation (women who sell sex), their age (women who are young and never married), or their physical or mental ability to assert themselves (women with physical or mental disability) are at an increased risk of violence. They are systematically restricted in their access to resources and are unable to fully participate in society. A global literature review of various peer-reviewed research studies, focusing on disabled women, lesbian women, and FSWs, revealed that the overwhelming majority of these were conducted in North America. Only one of the identified studies was undertaken among the FSWs in Dhaka, Bangladesh. This highlights the existence of gaps in the evidence about or from South Asia. This report is a first step towards filling in some of these gaps in research by looking at the intersections of marginalisation, gender, and violence against women (VAW) in South Asia. The fundamental rationale behind the research study was to foreground the voices of these three groups of marginalised women. The study aimed at making their concerns, experiences, and struggles central to the ways in which VAW is understood, and laws and policies are shaped. Details: New Delhi, India: CREA, 2012. 178p. Source: Internet Resource: Accessed June 27, 2012 at: http://ilga.org/ilga/static/uploads/files/2012/5/8/08223438.pdf Year: 2012 Country: Asia URL: http://ilga.org/ilga/static/uploads/files/2012/5/8/08223438.pdf Shelf Number: 125411 Keywords: Bias-Motivated CrimesDisabilityDiscriminationGays, Lesbians and Bisexuals, Crime AgainstGender-Based ViolenceProstitutesSex WorkersViolence Against Women (Asia) |
Author: Hobbs, Anne Title: Nebraska State DMC Assessment Summary: The Juvenile Justice Delinquency Prevention Act charges states to institute multipronged strategies not only to prevent delinquency but to improve the juvenile justice system and assure equal treatment of all youth. To successfully address Disproportionate Minority Contact (DMC), the Office of Juvenile Justice and Delinquency Prevention recommends a five-phase process, whereby jurisdictions: 1) identify whether disproportionality exists and the extent to which it exists; 2) assess the contributing factors, examine minority overrepresentation and explain differences at all contact stages of the juvenile justice system; 3) provide an intervention plan; 4) evaluate the efficacy of efforts to reduce DMC; and 5) monitor and track DMC trends over time to identify emerging critical issues and to determine whether there has been progress. The goal of this assessment is to identify the factors that contribute to DMC so that Nebraska’s juvenile justice system stakeholders can design appropriate intervention strategies. Like many assessments of this type, we were limited by the availability and quality of data. However, the report and recommendations that follow identify ways in which Nebraska can: 1) improve its capacity to develop data-driven approaches to addressing DMC; 2) examine subjective discretion points for the purpose of removing the potential for implicit bias to impact decision making; and 3) implement best practices to improve the juvenile justice system. Details: Lincoln, NE: Nebraska Commission on Law Enforcement and Criminal Justice, 2012. 149p. Source: Internet Resource: Accessed June 27, 2012 at: http://www.ncc.ne.gov/pdf/others/DMCAssessment2012.pdf Year: 2012 Country: United States URL: http://www.ncc.ne.gov/pdf/others/DMCAssessment2012.pdf Shelf Number: 125417 Keywords: DiscriminationJuvenile Justice System (Nebraska)Minority GroupsRacial Disparities |
Author: Biegel, Stuart Title: Safe at School: Addressing the School Environment and LGBT Safety through Policy and Legislation Summary: Lesbian, gay, bisexual, and transgender (LGBT) students face a unique set of safety concerns each day. Over 85% report being harassed because of their sexual or gender identity, and over 20% report being physically attacked. Far too often teachers and administrators do nothing in response. In part because of this, the suicide rate for LGBT students continues to be 3-4 times higher than that of their straight counterparts, and in some parts of the country LGBT runaways may comprise up to 40% of the entire teen homeless population. Advances in law and policy have helped lead to much more fulfilling and productive lives for many LGBT persons, but the problems facing LGBT youth in America‘s public schools are still substantial. Gay and gender-non-conforming students continue to be confronted with challenges that can become overwhelming. Court records and academic research reveal a highly troubling pattern of mistreatment, negative consequences, and a dramatic failure on the part of many educational institutions to adequately address LGBT-related issues and concerns. This brief describes those issues, presents concrete policy recommendations, and then offers model statutory code language to implement many of those recommendations. Details: Boulder, CO: National Education Policy Center, University of Colorado, 2010. 51p. Source: Internet Resource: Accessed July 20, 2012 at: http://nepc.colorado.edu/publication/safe-at-school Year: 2010 Country: United States URL: http://nepc.colorado.edu/publication/safe-at-school Shelf Number: 125702 Keywords: Bias Motivated CrimesDiscriminationGender IdentityHate Crimes (U.S.)School CrimeSchool Safety |
Author: The Protection Project Title: Reporting on the Status of Trafficking in Women in Accordance with Article 6 of the Convention on the Elimination of All Forms of Discrimination Against Women: Guidelines on the Interpretation of the Text of Article 6 of the Convention Summary: Article 6 of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) reads as follows: "States Parties shall take all appropriate measures, including legislation, to suppress all forms of traffic in women and exploitation of prostitution of women." Article 6 lays the foundation for combating trafficking in women and exploitation of women for the purpose of prostitution and calls upon state parties to adopt all necessary measures to prevent the acts of trafficking and exploitation of prostitution of women. Consequently, state parties to the Convention, when reporting on Article 6 should cover the status of trafficking in women as well as exploitation of women in prostitution. In doing so, they must refer to all appropriate measures that they have taken including legislative measures. This publication includes a list of guidelines on interpreting the text of and reporting on Article 6 of the Convention. Details: Washington, DC: The Protection Project at Johns Hopkins University, 2012. 30p. Source: Internet Resource: Accessed August 13, 2012 at http://www.protectionproject.org/wp-content/uploads/2012/07/Guidelines-Art-6-CEDAW_Final1.pdf Year: 2012 Country: International URL: http://www.protectionproject.org/wp-content/uploads/2012/07/Guidelines-Art-6-CEDAW_Final1.pdf Shelf Number: 126014 Keywords: DiscriminationFemale VictimsHuman TraffickingSexual Exploitation |
Author: Kosciw, Joseph G. Title: The 2011 National School Climate Survey The Experiences of Lesbian, Gay, Bisexual and Transgender Youth in Our Nation’s Schools Summary: This report examined the experiences of lesbian, gay, bisexual and transgender (LGBT) students in America's schools. The 2011 survey found for the first time both decreased levels of biased language and victimization and increased levels of student access to LGBT-related school resources and support. The 2011 survey demonstrates a continued decline in anti-LGBT language over the years, and for the first time the 2011 survey shows a significant decrease in victimization based on sexual orientation. The survey has also consistently indicated that a safer school climate directly relates to the availability of LGBT school-based resources and support, including Gay-Straight Alliances, inclusive curriculum, supportive school staff and comprehensive anti-bullying policies. The 2011 survey had 8,584 student respondents from all 50 states and the District of Columbia. "GLSEN has worked tirelessly for more than two decades to address endemic bias and violence directed at LGBT students in our schools," said GLSEN's Executive Director Dr. Eliza Byard. "With this report, we are beginning to be able to discern real impact of our efforts. Much work remains to be done to turn promising change into a concrete, sustainable reality, but those schools and districts that are taking action are beginning to make a real difference in improving the lives of students and providing better educational opportunity for all." Despite signs of progress, the survey found that the majority of LGBT students are faced with many obstacles in school affecting their academic performance and personal well-being. Results indicated that 8 out of 10 LGBT students (81.9%) experienced harassment at school in the past year because of their sexual orientation, three fifths (63.5%) felt unsafe at school because of their sexual orientation and nearly a third (29.8%) skipped a day of school in the past month because of safety concerns. Details: New York: The Gay, Lesbian & Straight Education Network (GLSEN), 2012. 160p. Source: Internet Resource: Accessed September 27, 2012 at: http://www.glsen.org/binary-data/GLSEN_ATTACHMENTS/file/000/002/2105-1.pdf Year: 2012 Country: United States URL: http://www.glsen.org/binary-data/GLSEN_ATTACHMENTS/file/000/002/2105-1.pdf Shelf Number: 126472 Keywords: DiscriminationGays, Lesbians and Bisexuals, Crime AgainstSchool BullyingSchool CrimeSchool Safety (U.S.) |
Author: Starr, Sonja B. Title: Estimating Gender Disparities in Federal Criminal Cases Summary: This paper assesses gender disparities in federal criminal cases. It finds large gender gaps favoring women throughout the sentence length distribution (averaging over 60%), conditional on arrest offense, criminal history, and other pre-charge observables. Female arrestees are also significantly likelier to avoid charges and convictions entirely, and twice as likely to avoid incarceration if convicted. Prior studies have reported much smaller sentence gaps because they have ignored the role of charging, plea-bargaining, and sentencing fact-finding in producing sentences. Most studies control for endogenous severity measures that result from these earlier discretionary processes and use samples that have been winnowed by them. I avoid these problems by using a linked dataset tracing cases from arrest through sentencing. Using decomposition methods, I show that most sentence disparity arises from decisions at the earlier stages, and use the rich data to investigate causal theories for these gender gaps. Details: East Lansing, MI: University of Michigan Law School, 2012. 41p. Source: Internet Resource: University of Michigan Law and Economics Research Paper, No. 12-018: Accessed September 27, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2144002 Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2144002 Shelf Number: 126473 Keywords: DiscretionDiscriminationGenderPunishmentSentencing Disparities |
Author: Shatz, Steven F. Title: Challenging the Death Penalty with Statistics: Furman, McCleskey and a Single County Case Study Summary: In the forty year history of the Supreme Court's modern death penalty jurisprudence, two cases — Furman v. Georgia (1972) and McCleskey v. Kemp (1987) — stand out above all others. Both cases turned on the Court's consideration of empirical evidence, but they appear to have reached divergent — even altogether inconsistent — results. In Furman, the Court relied on statistical evidence that the death penalty was infrequently applied to death-eligible defendants to hold that the Georgia death penalty scheme was unconstitutional under the Eighth Amendment. In McCleskey, the Court, despite being presented with statistical evidence that race played a significant role in death-charging and death-sentencing in Georgia, upheld the revised Georgia scheme and McCleskey's death sentence against Equal Protection and Eighth Amendment challenges. The McCleskey decision called into question the use of statistical evidence to challenge the death penalty. In the present article, we report on a unique empirical study of the administration of the death penalty in Alameda County, California — the largest single-county death penalty study and the only study to examine intra-county geographic disparities in death-charging and death-sentencing. The data set, drawn from 473 first degree murder convictions for murders occurring over a 23-year period, compares death-charging and death-sentencing in the two halves of the county. During the study period, the two halves differed significantly in racial makeup — the population of North County was over 30% African-American, and of South County less than 5% African-American; and the two halves differed in the race of homicide victims — in North County, African-Americans were homicide victims roughly 4.5 times as often as Whites, while, in South County, Whites were homicide victims more than three times as often as African-Americans. The study reveals that there were statistically significant disparities in death-charging and death-sentencing according to the location of the murder: the Alameda County District Attorney was substantially more likely to seek death, and capital juries, drawn from a county-wide jury pool, were substantially more likely to impose death, for murders that occurred in South County. We argue that, McCleskey notwithstanding, statistical evidence such as the "race of neighborhood" disparities found in the present study should support constitutional challenges to the death penalty under both the Equal Protection Clause and the Eighth Amendment. Details: San Francisco, CA: University of San Francisco - School of Law, 2012. 48p. Source: Internet Resource: Univ. of San Francisco Law Research Paper No. 2012-23: Accessed September 28, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2146253 Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2146253 Shelf Number: 126496 Keywords: Capital PunishmentDeath PenaltyDiscriminationDisparitiesEighth AmendmentFurman v. GeorgiaMcCleskey v. Kemp |
Author: National Council of Juvenile and Family Court Judges, Permanency Planning for Children Department Title: Right From the Start: The CCC Preliminary Protective Hearing Benchcard Study Report: Testing a Tool for Judicial Decision-Making Summary: This report presents findings from the Courts Catalyzing Change: Achieving Equity and Fairness in Foster Care (CCC) Preliminary Protective Hearing (PPH) Benchcard Study. The CCC initiative, supported by Casey Family Programs and the Office of Juvenile Justice and Delinquency Prevention, was created and launched through the National Council of Juvenile and Family Court Judges (NCJFCJ) Model Courts project. In the fall of 2009, the Permanency Planning for Children Department (PPCD) of NCJFCJ began a study to examine the effects associated with judges’ use of the PPH Benchcard, which had been developed as part of the CCC agenda. Three sites agreed to participate in a pilot and assessment of the Benchcard. For the assessment study, data were collected on more than 500 children in Los Angeles, California; Omaha, Nebraska; and Portland, Oregon. Data were gathered from case file information (both court and agency files) and from courtroom observations. Researchers collected data at several junctures, from placement to establishment of jurisdiction and disposition. To explore Benchcard implementation effects, the study was designed to allow for several different comparisons. Researchers collected information on numerous data points, including demographic details, information about the families involved, hearing participants, dates of case events, and details on allegations, services, and placement. Data from a baseline sample were collected at each of the three sites, and judicial officers at each site were randomly assigned to either a Benchcard implementation group or a control group. Judicial officers in the Benchcard group were trained on its use, including receipt of a draft Technical Assistance Bulletin explaining the development of the Benchcard (Right from the Start: A Judicial Tool for Critical Analysis & Decision-Making at the PPH Hearing). They began implementation of the Benchcard in their preliminary protective hearings. Each randomly assigned judicial officer heard 10 preliminary protective hearings using the Benchcard, while the control group of judicial officers in each of the sites heard 10 preliminary protective hearings without Benchcard implementation. The Benchcard was not shared with stakeholders during the research project in order to isolate the judicial intervention. Based upon systematic courtroom observation and a standardized count methodology, the data indicate that those judicial officers who used the Benchcard discussed more key topics during the preliminary protective hearings than did the control group. Benchcard implementation appears to be associated with substantially higher quantities and quality of discussion of key dependency topics identified in both the RESOURCE GUIDELINES and the CCC initiative when compared to the control group. Benchcard implementation also corresponds to an increased thoroughness of discussion and judicial inquiry, as demonstrated by the number of topics and how thoroughly they were discussed. Tests indicate that these differences are statistically significant. These process findings indicate that Benchcard implementation is associated with substantial increases in the quantity and quality of discussion in PPH hearings. Benchcard use also was associated with more family placements—placement with a charged parent, with a non-charged parent, or with a relative—at the initial hearing and even more again at adjudication when comparing the same judges before and after Benchcard implementation. (Reciprocally, Benchcard use was also associated with fewer children placed in non-relative foster care at the initial hearing and even fewer again at adjudication.) Statistical tests show these findings to be significant. Similarly, the percentage of children who were reunified with the charged parent at the initial hearing and at the adjudication hearing increased after Benchcard implementation. Differences did exist across the three sites, but the findings remained significant when the three sites were accounted for in the statistical analysis. The study found race differences in filing trends. White mothers (in comparison to African American and Hispanic mothers) tended to enter court with a higher number of allegations. White mothers also had more allegations of substance abuse, homelessness, and mental health issues (each of these represent statistically significant differences). ReportOverall, African American mothers came into court with fewer allegations and were more likely to have their case dismissed by the time of the adjudication hearing. Allegations of substance abuse show a different pattern. White families in the sample were much more likely than other families to face allegations of failure to supervise or parent adequately due to substance abuse (drugs or alcohol) than were families of other racial groups (statistical tests show these differences to be statistically significant). Differences among racial groups are also apparent in allegations involving poor parenting due, in major part, to poor mental health functioning. As with substance abuse allegations, White families were much more likely to be brought to court with allegations relating to mental health. White families were almost three times as likely to face a mental health allegation as families from other racial groups (again statistically significant). Looking at placement differences by race in the baseline sample, children with White mothers were the most likely to be placed in foster care at the initial hearing, and children with African American mothers were the least likely to be placed in foster care. However, when allegations are taken into account, race does not appear to be related to placements at all. Statistical tests show that there may be differences in placement by racial group, but children with similar case allegations tend to be equally likely to be placed in foster care regardless of race. While allegation differences could explain apparent differences by race in placement trends, by the permanency hearing these differences were more substantial. At the permanency hearing, African American children were more likely to be currently placed in foster care than children from White or Hispanic families. Also, African American children were less likely to be currently placed with a parent or with relatives at the permanency hearing than children from Hispanic or White families. Details: Reno, NV: National Council of Juvenile and Family Court Judges, Permanency Planning for Children Department, 2011. 36p. Source: Internet Resource: Accessed October 24, 2012 at: http://www.ncjfcj.org/sites/default/files/CCC%20Benchcard%20Study%20Report.pdf Year: 2011 Country: United States URL: http://www.ncjfcj.org/sites/default/files/CCC%20Benchcard%20Study%20Report.pdf Shelf Number: 126785 Keywords: Child ProtectionDiscriminationFoster CareJudgesJudicial Decision-Making (U.S.)Racial Disparities |
Author: Dwayze, Dana Title: On The Level: Disproportionate Minority Contact in Minnesota’s Juvenile Justice System Summary: Disproportionate Minority Contact (DMC) describes a national phenomenon whereby youth from communities of color have contact with the juvenile justice system at rates different from those of white youth. Over a decade of DMC data collection at the national level support that youth of color are often overrepresented at stages of the justice system focused on accountability and sanctions while underrepresented at stages intended to curtail deeper system involvement or provide community-based services. Minnesota shares in this problem with rates of disparity for youth of color in the justice system which are both higher than national levels and more severe in magnitude than those of many comparable states. An assumption made, often erroneously, is that racial disparities exist because youth of color commit more crime than white youth. While data suggest white youth and youth of color may have different rates of offending for some crimes, the levels of disparity observed are too great to be explained by differences in youth offending patterns alone. Furthermore, once youth of color are in the system, research reveals they receive harsher consequences than white youth with similar offenses and criminal histories. A host of factors potentially contribute to disparate rates of justice system contact for youth of color. These include the inequitable distribution of resources in communities, bias within the policies and practices of juvenile justice agencies, and underlying social conditions of communities, particularly poverty. DMC results from a complex interplay of these factors, rather than a single cause. Therefore, each unique state and jurisdiction must investigate which factors most contribute to disparate outcomes for youth of color and engineer an appropriate local response to reduce racial disparities. Juvenile justice is not the only system in Minnesota in which there are inequities for youth of color. Health and income data show youth of color are more likely to live in poverty, less likely to have health insurance, and are more likely to have serious health problems in adulthood than white youth. Youth of color are overrepresented in the child welfare system, are more likely than white youth to be reported as abused or neglected, and are more likely to be placed in out-of-home care. Furthermore, racial disparities are present in the education system where youth of color have higher rates of school discipline resulting in suspension and expulsion and lower graduation rates than white youth. Each youth serving system must work internally and in collaboration with communities and other youth serving systems to effectively reduce disparate outcomes for youth. Details: St. Paul, MN: Minnesota Department of Public Safety, Office of Justice Programs, Statistical Analysis Center, 2012. 76p. Source: Internet Resource: Accessed November 2, 2012 at: https://dps.mn.gov/divisions/ojp/forms-documents/Documents/On%20The%20Level_FINAL.pdf Year: 2012 Country: United States URL: https://dps.mn.gov/divisions/ojp/forms-documents/Documents/On%20The%20Level_FINAL.pdf Shelf Number: 126830 Keywords: DiscriminationDisproportionate Minority ContactJuvenile Justice System (Minnesota)Minority YouthRacial Disparities |
Author: Umemoto, Karen Title: Disproportionate Minority Contact in the Hawaii Juvenile Justice System: 2000-2010 Summary: Disproportionate minority contact in the justice system is an issue of national concern. This report identifies the ethnic groups that have been over-represented in the juvenile justice system in Hawaii over the past decade and describes some of the groups' characteristics; examines the extent to which racial and ethnic disparities exist at different decision points in the sywstem; and presents recommendations for policy and practice. Details: Honolulu: University of Hawaii at Manoa, Department of Urban and Regional Planning, 2012. 140p. Source: Internet Resource: Accessed November 5, 2012 at: http://hawaii.gov/dhs/youth/jjsac/DMC%20FINAL%20REPORT%202012%20(for%20printing).pdf Year: 2012 Country: United States URL: http://hawaii.gov/dhs/youth/jjsac/DMC%20FINAL%20REPORT%202012%20(for%20printing).pdf Shelf Number: 126878 Keywords: DiscriminationDisproportionate Minority ContactJuvenile Justice Systems (Hawaii)Juvenile OffendersRacial Disparities |
Author: Bernhardt, Rebecca Title: Harris County Communities: A Call for True Collaboration Restoring Community Trust and Improving Public Safety Summary: This report addresses the negative impact of the Harris County criminal justice system on black and brown communites. The data and analysis in this report paint a picture of Harris County that reveals some disturbing truths. First, Harris County’s criminal justice system is committed to policies that racially target blacks and Hispanics. Second, these policies cannot be justified by public safety goals; on the contrary, they harm public safety. These harms reinforce negative stereotypes of minorities and negative attitudes toward police in these same communities. There is a lot of pain and frustration resulting from racially targeted criminal justice policies in Harris County. In this shared outrage, there is also an opportunity for the black and Hispanic communities of Harris County to build stronger bonds and work together to make positive changes in local government and law enforcement – with county-wide benefits. Details: Austin, TX: Texas Criminal Justice Coalition, 2013. 36p. Source: Internet Resource: Accessed March 14, 2013 at: http://www.texascjc.org/sites/default/files/uploads/Harris%20County%20Communities%20A%20Call%20for%20True%20Collaboration.pdf Year: 2013 Country: United States URL: http://www.texascjc.org/sites/default/files/uploads/Harris%20County%20Communities%20A%20Call%20for%20True%20Collaboration.pdf Shelf Number: 127940 Keywords: Criminal Justice ReformCriminal Justice Systems (Texas, U.S.)DiscriminationMinority GroupsRacial Disparities |
Author: Neild, Rachel Title: Reducing Ethnic Profiling in the European Union: A Handbook of Good Practices Summary: Ethnic profiling by police in Europe is a widespread form of discrimination. By focusing on appearance rather than behavior, police who engage in ethnic profiling violate basic human rights norms. Ethnic profiling is also inefficient: it leads police to focus on racial and ethnic traits rather than genuine indicators of suspicion, and results in stopping and searching large numbers of innocent people. Fortunately, better alternatives exist— approaches to policing that are more fair and more effective. This handbook documents those approaches and provides guidance for police officers, other law enforcement officials, and policymakers in how to reduce ethnic profiling. The guidelines and case studies set forth in the following pages are intended to help cut down on discrimination and increase police efficacy. Ethnic profiling is the practice of using ethnicity, race, national origin, or religion as a basis for making law enforcement decisions about persons believed to be involved in criminal activity. Ethnic profiling can result from discriminatory decision-making by individual law enforcement officers, or from law enforcement policies and practices that have a disproportionate impact on specific groups without any legitimate law enforcement purpose. It is often the result of beliefs deeply-ingrained in individual law enforcement officers and even whole institutions and the societies in which they operate. While not a new phenomenon, ethnic profiling has increased in the European Union in recent years because of two factors: (1) rising concern about illegal immigration into and movement of undocumented migrants within the European Union, and (2) the threat posed by terrorism in the aftermath of September 11th terrorist attack in the United States and the subsequent March 2003 terrorist bombings in Madrid and July 2005 bombings in London. These trends are described in detail in the Open Society Justice Initiative’s 2009 report Ethnic Profiling in the European Union: Pervasive, Ineffective, and Discriminatory. The United Nations, the Council of Europe, and the European Commission have highlighted ethnic profiling as a particular area of concern with respect to discriminatory policing practices. International human rights monitoring bodies have likewise highlighted ethnic profiling as an area of concern. The first step in addressing ethnic profiling is to admit its existence and recognize its discriminatory nature. The next step is deciding what to do about it. The final step is implementing new policies and practices that reduce ethnic profiling and replace it with more reasoned and effective procedures. Reducing Ethnic Profiling in the European Union aims to assist in this process by offering diagnostic questions, providing ideas and models of proven good practice, and identifying challenges and impediments to reform. It is the result of a thorough review of existing laws and relevant academic literature, field testing of specific reforms, and extensive interactions with state authorities, law enforcement agencies, civil society organizations, and local ethnic minority communities across the EU. Ethnic profiling is not an easy issue to resolve. Law enforcement agencies may feel that a focus on ethnic profiling unfairly singles them out as racist. For ethnic minority persons and communities, discussions of ethnic profiling highlight stereotypes about minorities and offending. But while discussions of discrimination and racism are never easy, reducing ethnic profiling can be a win-win proposition that benefits law enforcement agencies and the many communities they serve. Both research and first-hand experience—exemplified in the case studies throughout this handbook—demonstrate that adopting good practices not only supports fairer policing but can also improve the effectiveness of law enforcement. This handbook provides a wide-ranging review of current efforts to reduce ethnic profiling and support non-discriminatory law enforcement. Its numerous case studies examine: non-discriminatory standards established in legal instruments and operational guidelines, research and monitoring methodologies, institutional practices that create non-discriminatory workplaces that reflect the societies they serve, and models of community outreach and engagement. The case studies and explanatory text aim to provide clear and practical support to all those seeking to understand the dynamics and reduce the frequency of ethnic profiling. Taken together, they offer a holistic approach to law enforcement that does not discriminate. Details: New York: Open Society Foundations, 2012. 232p. Source: Internet Resource: Accessed March 30, 2013 at: http://www.opensocietyfoundations.org/sites/default/files/reducing-ep-in-EU-12172012_0.pdf Year: 2012 Country: Europe URL: http://www.opensocietyfoundations.org/sites/default/files/reducing-ep-in-EU-12172012_0.pdf Shelf Number: 128178 Keywords: DiscriminationEthnicityPolice BehaviorRacial Profiling |
Author: Rodriguez, Nancy Title: An Impact Evaluation of Three Strategies Created to Reduce Disproportionate Minority Contact and the Detention Population Summary: The goal of this project was to examine the effectiveness of three distinct strategies (revision of a detention index, a procedural change in review of detention decisions, and a monitoring system of detained youth) created by Maricopa County Juvenile Probation to reduce disproportionate minority contact (DMC) and the number of youth subject to detention in the County. The study objectives include the examination of: 1) the overall number of detentions among youth brought to detention on a referral, especially minority youth; 2) the effect of race and ethnicity in detention outcome and subsequent stages of processing; 3) the length in detention stays among all youth; and 4) the decision-making processes of system actors directly involved with the processing of youth in the justice system, specifically detention and probation staff. Details: Final report to the U.S. Department of Justice, 2013. 42p. Source: Internet Resource: Accessed May 13, 2013 at: https://www.ncjrs.gov/pdffiles1/ojjdp/grants/241506.pdf Year: 2013 Country: United States URL: https://www.ncjrs.gov/pdffiles1/ojjdp/grants/241506.pdf Shelf Number: 128698 Keywords: DiscriminationDisproportionate Minority Contact (U.S.)Juvenile DetentionJuvenile JusticeMinority Groups |
Author: Palummo, Javier Title: Discrimination and Human Rights in Uruguay - The Voice of Children and Adolescents. An example of good practice when working on the issue of discrimination Summary: This publication was developed by the Uruguayan Committee for the Rights of the Child, supported by Save the Children Sweden regional office in Latin America and the Caribbean in 2005. Its objective is to visualise how and to what extent children are discriminated against and what legal means there are to counteract these discriminations to protect children. The book is meant to be a springboard to trigger debate, make the problem better known, to serve for training purposes and public mobilisation in order to bring about attitudinal changes and legal measures. The highlight of the report is the testimony of the children on how they themselves look upon discrimination. The publication also includes international and national ways and means that are available to provide protection of children’s human rights in cases of discriminatory treatment. It brings up the responsibility of the State and the civil society to act in cases of discrimination and encourages the inclusion and participation of the children themselves in the knowledge and exercise of their rights with the aim to prevent and diminish discrimination. Details: Stockholm: Save the Children Sweden, 2005. 126p. Source: Internet Resource: accessed May 15, 2013 at: http://resourcecentre.savethechildren.se/library/discrimination-and-human-rights-uruguay-voice-children-and-adolescents-example-good-practice Year: 2005 Country: Uruguay URL: http://resourcecentre.savethechildren.se/library/discrimination-and-human-rights-uruguay-voice-children-and-adolescents-example-good-practice Shelf Number: 128739 Keywords: Child Protection (Uruguay)Discrimination |
Author: European Union Agency for Fundamental Rights (FRA) Title: EU LGBT survey European Union lesbian, gay, bisexual and transgender survey. Results at a glance Summary: In light of a lack of comparable data on the respect, protection and fulfilment of the fundamental rights of lesbian, gay, bisexual and transgender (LGBT) persons, the European Union Agency for Fundamental Rights (FRA) launched in 2012 its European Union (EU) online survey of LGBT persons’ experiences of discrimination, violence and harassment. The survey results provide valuable evidence of how LGBT persons in the EU and Croatia experience bias-motivated discrimination, violence and harassment in different areas of life, including employment, education, healthcare, housing and other services. The fi ndings show that many hide their identity or avoid locations because of fear. Others experience discrimination and even violence for being LGBT. Most, however, do not report such incidents to the police or any other relevant authority. By highlighting and analysing the survey results, this report, together with the accompanying EU LGBT survey – Main results report, will assist the EU institutions and Member States in identifying the fundamental rights challenges facing LGBT people living in the EU and Croatia. It can thereby support the development of effective and targeted European and national legal and policy responses to address the needs of LGBT persons and ensure the protection of their fundamental rights. Details: Vienna, Austria: FRA, 2013. 31p. Source: Internet Resource: Accessed June 1, 2013 at: http://fra.europa.eu/sites/default/files/eu-lgbt-survey-results-at-a-glance_en.pdf Year: 2013 Country: Europe URL: http://fra.europa.eu/sites/default/files/eu-lgbt-survey-results-at-a-glance_en.pdf Shelf Number: 128909 Keywords: Bias-Motivated CrimesDiscriminationHate Crimes (Europe)Human Rights |
Author: Open Society Justice Initiative: StopWatch Title: Viewed with Suspicion: The Human Cost of Stop and Search in England and Wales Summary: Police forces across England and Wales are using stop and search more than ever. Last year alone, the police carried out over two million stops, and a million stop and searches. But at the same time, the proportion of these stops and searches that lead to an arrest has declined significantly. Data also shows that Black people are stopped at seven times the rate of White people. Asians are stopped at twice the rate of Whites. The statistics are alarming. But what do they mean? What does this “disproportionality” mean in terms of people’s lives? How does it affect relations with the police and society as a whole? The Open Society Justice Initiative conducted interviews with nine people whose lives have been directly affected by stop and search. The nine individuals come from London, Leicester, and Manchester. They are a small sample, but their stories echo those repeated day after day in the lives of ordinary people who happen to fit the stereotypes that feed ineffectual policing. For those not on the receiving end of stop and search, it is easy to dismiss the experience as a minor inconvenience, something necessary to make everyone safer. Many are in denial about the real cost of stop and search. Failure to heed the warnings in these stories risks fostering a more damaged, more divided, and more dangerous society. Details: New York: Open Society Justice Initiative; London: StopWatch, 2013. 33p. Source: Internet Resource: Accessed June 3, 2013 at: http://www.opensocietyfoundations.org/sites/default/files/viewed-with-suspicion-human-cost-stop-and-search-in-england-and-wales-20130419.pdf Year: 2013 Country: United Kingdom URL: http://www.opensocietyfoundations.org/sites/default/files/viewed-with-suspicion-human-cost-stop-and-search-in-england-and-wales-20130419.pdf Shelf Number: 128919 Keywords: DiscriminationPolice DiscretionRacial Profiling in Law Enforcement (U.K.)Stop and Search |
Author: Equality and Human Rights Commission (U.K.) Title: Stop and Think Again: Towards race equality in police PACE stop and search Summary: In March 2010 the Equality and Human Rights Commission published Stop and think which showed that the police in England and Wales conducted about a million stops and searches of members of the public every year, the great majority under the Police and Criminal Evidence Act 1984 (PACE) and similar laws requiring officers to have ‘reasonable grounds for suspicion’. The power has always been controversial, and when Stop and think was published, Asian people were stopped and searched about twice as often as white people, and black people about six times as often. Stop and think also identified geographical differences; for example, little race disproportionality in much of the north of England, and relatively high levels in some southern forces. There were also wide ranges year on year between some neighbouring similar forces, and also between comparable London boroughs. The report concluded that unless forces could convincingly evidence that their race inequalities were justified their practice would be unlawful and discriminatory. Following the report the Commission applied criteria, including extent of disproportionality and trends, to identify five forces for further inquiries. It found that their explanations were not firmly substantiated by evidence, nor could they define how much of their force’s disproportionality might stem from these factors. The Commission therefore initiated legal compliance action against two forces, Leicestershire and Thames Valley, which in each case was subsequently succeeded by a formal agreement detailing a programme of action over 18 months (spring 2011–autumn 2012). Dorset Police and the Metropolitan Police (initially in one borough) had arranged to implement the service’s own ‘Next Steps’ programme for securing best practice in stop and search, so the Commission decided to take no action so as to identify what impact on race disproportionality Next Steps might have without influencing the outcome. West Midlands Police drew together its own programme of measures and again the Commission agreed to scrutinise its progress rather than intervene. Leicestershire and Thames Valley’s agreed programmes included a revised policy, training for all officers, detailed statistical ethnic monitoring down to local level, scrutiny by senior management group meetings and a community reference group, and leadership by an ACPO rank officer. Each force appointed a middle-ranking officer to engage with local commanders regarding the race patterns in their areas, and extended monitoring down to the level of individual officers. The Commission engaged closely with the process and was impressed in both cases with the quality of delivery. The Commission engaged with Dorset and the Metropolitan Police after their short intensive programme with the national Next Steps team, to assess changes in practice and outcomes. The Next Steps programme focused on securing full recording (inter alia to eliminate distortions in race patterns), practice based on reliable intelligence not ‘hunch’, eliminating formal or tacit numerical performance targets encouraging mass usage, and fostering a clear understanding of what does and does not constitute ‘reasonable grounds’. West Midlands Police’s programme included a revision of stop and search policy, training for all officers, the creation of local scrutiny panels and clear action to eliminate performance targets encouraging prolific rather than carefully judged usage. They also pursued analyses to demonstrate the element of disproportionality that could be accounted for by skews towards areas recording high crime levels and towards young people. Outcomes The race disproportionality ratios were necessarily calculated on a different basis from the figures in Stop and think because (i) 2001 census figures were used as a base since they were broken down to local level, which more recent population estimates were not, and (ii) they were based on self-classification instead of officer perception, which became national practice for data after those used in Stop and think. Thames Valley zz From March 2011 to August 2012 Thames Valley Police’s black: white disproportionality fell from 3.5 to 3.2, and its Asian: white figure from 2.5 to 1.9. zz The overall number of stops and searches recorded in the same period fell from 5916 in the first quarter to 4758 in the sixth quarter. zz Meanwhile the downward direction in recorded crime in the force’s area continued uninterrupted. Leicestershire zz From April 2011 to October 2012 Leicestershire Constabulary’s black: white disproportionality began and ended at 4.2, and its Asian: white figure rose from 1.5 to 1.9. zz However, falls in disproportionality amongst the most prolific users at the end of the period suggested imminent falls in the overall figures, and this was subsequently confirmed (April– November 2012, 3.9 and 1.7). zz The overall number of stops and searches recorded in the same period also fell steeply from 4183 in the first quarter to 1660 in the sixth quarter, while the downward direction in recorded crime in the force’s area continued uninterrupted. In both force areas negative drug searches formed a large proportion of the total and appeared to be a major driver of race disproportionality. Dorset zz In summer 2011 Dorset Police’s disproportionality ratios remained unchanged at approximately 6.0 for the black: white figure and close to parity for the Asian: white one. The national Next Steps team assessed that this was justified – and exaggerated – by incoming non-resident drug dealers in Boscombe. zz In late 2012, however, the Commission calculated from Dorset’s raw data that black: white disproportionality had fallen from 5.5 in 2008-09 to 4.4 in 2009-10 and 3.9 in 2010-11, despite no reduction in Boscombe drug dealers. zz Overall usage also fell from 7048 to 6847 in this period. zz Both usage and disproportionality subsequently rose but not back to previous levels. The Commission assessed that Next Steps had been thoroughly implemented and underpinned with training and intensive scrutiny of local unequal race patterns. The Metropolitan Police zz By autumn 2012 race disproportionality in the London borough of Lewisham, which had implemented Next Steps, had increased. The explanation given was a new focus, following public consultation, on gang activity. zz The Commission, however, identified elements present in Dorset ‘Next Steps’ – training, and the challenging of localities/officers with more racially skewed patterns – that were not undertaken in Lewisham, and recommended that this be remedied in the next borough to implement Next Steps. zz Meanwhile, however, the Metropolitan Police introduced a force-wide programme called StopIt which did include elements of training and scrutiny. Annual black: white disproportionality fell from 4.0 to 3.7 from 2011/12 to 2012/13 and while the Asian: white figure rose it stood at parity when re-calculated on the new census population data. zz Usage also fell from around half a million in 2009/10 to around a quarter of a million in January–September 2012. West Midlands zz West Midlands Police took concerted action to discourage use of stop and search as a quantitative performance indicator, and in 2010/11 its usage fell to only 15,000, half the already modest total in 2007/08. zz Its action on disproportionality was, however, limited, for example training was repeatedly delayed, albeit on plausible grounds, and effort focused on justifying not challenging patterns. Race disproportionality did not significantly change over the period. Conclusions Overall the Commission concluded that where firm action had been taken to reduce race disproportionality, and/or overall usage of the power, it had succeeded, without prejudice to falling crime levels. Key steps taken to reduce disproportionality appeared to be: targets for reduction, and for reducing negative drug searches; training in ‘reasonable grounds’ for, and proportionate use of, the power; steps to ensure intelligence-led practice rather than practice based on ‘hunches’ or generalisations about groups; micro-monitoring to identify local or individual racially skewed patterns and challenging them; and senior level commitment and leadership. Details: London: Equality and Human Rights Commission, 2010 Source: Internet Resource: Accessed June 18, 2013 at: http://www.equalityhumanrights.com/uploaded_files/raceinbritain/stop_and_think_again.pdf Year: 2010 Country: United Kingdom URL: http://www.equalityhumanrights.com/uploaded_files/raceinbritain/stop_and_think_again.pdf Shelf Number: 129038 Keywords: DiscriminationRacial DisparitiesRacial Profiling in Law EnforcementStop and Search (U.K.) |
Author: Amnesty International Title: Making Love a Crime: Criminalization of Same-Sex Conduct in Sub-Saharan Africa Summary: This report provides an analysis of the legal environment and wider context of human rights violations against lesbian, gay, bisexual, transgender and intersex (LGBTI) individuals in sub-Saharan Africa. Recent years have seen increasing reports of people being harassed, marginalized, discriminated against and attacked because of their real or perceived sexual orientation or gender identity. This is occurring in countries whose legal systems still condone the criminalization of consensual same-sex behaviour, and in countries where the police and justice systems are failing to prevent these crimes from happening. The continued criminalization of consensual same-sex conduct in 38 African countries is a serious cause for concern. The existence and implementation of these laws violates a raft of international and regional human rights norms, and serves to marginalize one group of Africans based on their sexual orientation and gender identity alone. The last decade has witnessed efforts in some sub-Saharan African countries to further criminalize LGBTI individuals by ostensibly targeting their behaviour, or to impose steeper penalties and broaden the scope of existing laws. Uganda has seen repeated attempts since 2009 to introduce the Anti-Homosexuality Bill - a bill which would seek to impose the death penalty for 'aggravated' homosexuality, and which would criminalize anyone in Uganda who does not report violations of the bill's wide-ranging provisions within 24 hours to authorities. South Sudan, on becoming independent in 2008, criminalized consensual same-sex conduct for women and men with up to 10 years' imprisonment. Burundi criminalized same-sex conduct for men and women in 2009 by revising the criminal code to outlaw 'sexual relations with someone of the same sex'. In 2011 and 2012, Nigeria and Liberia respectively introduced bills to toughen penalties for same-sex conduct. And Mauritania, northern regions of Nigeria, the southern region of Somalia and Sudan, retain the death penalty for the same. Laws criminalizing consensual same-sex conduct affect LGBTI Africans on a daily basis. In some countries, like Cameroon, individuals are regularly arrested after having been denounced to authorities as being gay or lesbian. Individuals are usually arrested, charged and sentenced without evidence of same-sex conduct, and sometimes invasive medical examinations are performed in an attempt to obtain 'evidence' of such. Even in countries where anti-homosexuality laws are not routinely implemented, the existence of the laws alone provide opportunities for abuse, including blackmail and extortion, both by police and by non-state actors. Furthermore, the existence of laws that criminalize one group of people based on who they are and who they (are presumed to) have consensual sex with, sends a message to the broader population that discrimination on the basis of sexual orientation and gender identity is acceptable, and that human rights do not apply to LGBTI people. This creates an environment in which harassment, intimidation and violence against LGBTI people can flourish, and people can perpetrate such acts with impunity. Details: London: Amnesty International, 2013. 125p. Source: Internet Resource: Accessed June 28, 2013 at: http://www.amnestyusa.org/sites/default/files/making_love_a_crime_-_africa_lgbti_report_emb_6.24.13_0.pdf Year: 2013 Country: Africa URL: http://www.amnestyusa.org/sites/default/files/making_love_a_crime_-_africa_lgbti_report_emb_6.24.13_0.pdf Shelf Number: 129201 Keywords: DiscriminationGays and LesbiansHomophobia (Africa)Human Rights |
Author: Great Britain. Law Commission Title: Hate Crime: The Case for Extending the Existing Offences Summary: This project came to the Law Commission by a reference from the Ministry of Justice, following the Government’s publication of its three-year hate crime action plan in 2012. Our terms of reference ask us to look into: (a) extending the aggravated offences in the Crime and Disorder Act 1998 to include where hostility is demonstrated towards people on the grounds of disability, sexual orientation or gender identity; (b) the case for extending the stirring up of hatred offences under the Public Order Act 1986 to include stirring up of hatred on the grounds of disability or gender identity. As part of this work, we also examine the current sentencing regime applicable to cases where hostility is established, as this already applies to all five groups and involves similar elements to the aggravated offences (though it is applicable to a wider group of offences). In this consultation, we analyse the case for reforming the existing offences to bring greater coherence and protection for all five groups. We ask: •Do existing criminal offences provide adequate protection against the types of wrongdoing occurring against members of the protected groups? •Do the Courts’ existing sentencing powers provide a sufficient response in all cases? •Would extending the offences create uncertainty or have other unintended consequences? Details: London: Law Commission, 2013. 136p. Source: Internet Resource: Consultation Paper No 213: Accessed July 8, 2013 at: http://lawcommission.justice.gov.uk/docs/cp213_hate_crime_amended.pdf Year: 2013 Country: United Kingdom URL: http://lawcommission.justice.gov.uk/docs/cp213_hate_crime_amended.pdf Shelf Number: 129271 Keywords: Bias-Motivated CrimesDiscriminationHate Crimes (U.K.) |
Author: Roberts, Colin Title: Understanding Who Commits Hate Crime and Why They Do It Summary: This study was commissioned by the Welsh Government to explore and assess what is known about the perpetrators of hate crimes and their motivations. By providing a critical analysis of the existing research evidence-base in this area, the study contributes to a more comprehensive and informed understanding of this kind of offending in order to improve policy and practice responses to it. Based upon a detailed review of the literature in terms of what is known about hate crime offenders and offending nationally and internationally, it is intended that the findings should frame and steer subsequent more detailed empirical analysis of hate crime data. The available data shows that of the 43,748 hate crimes recorded by the police in England and Wales in 2011/12: • 35,816 (82%) were race hate crimes; • 1,621 (4%) were religious/belief hate crimes; • 4,252 (10%) were sexual orientation hate crimes; • 1,744 (4%) were disability hate crimes; and • 315 (1%) were transgender hate crimes. In that year, there were 1,809 hate crimes recorded in Wales with a broadly similar pattern of offences: • 1,368 (76%) were race hate crimes; • 54 (3%) were religious/belief hate crimes; • 244 (13%) were sexual orientation hate crimes; • 122 (8%) were disability hate crimes; and • 21 (1%) were transgender hate crimes. Reflecting the harm associated with crimes of this type over the past two decades or so, there has been a rapid growth in the amount of policy and research attention paid to it as an issue. A significant proportion of this work has focused upon victims and victim perspectives. Far less research has been conducted into those responsible for causing harm to the victims. Details: Merthyr Tydfil, Wales: Welsh Government Social Research, 2013. 73p. Source: Internet Resource: Social Research, No. 38/2013: Accessed July 24, 2013 at: http://wales.gov.uk/docs/caecd/research/130711-understanding-who-commits-hate-crime-and-why-they-do-it-en.pdf Year: 2013 Country: United Kingdom URL: http://wales.gov.uk/docs/caecd/research/130711-understanding-who-commits-hate-crime-and-why-they-do-it-en.pdf Shelf Number: 129498 Keywords: Bias Motivated CrimesDiscriminationHate Crimes (Wales, U.K.) |
Author: Hickert, Audrey O. Title: Disproportionate Minority Contact (DMC): Arrest/Referral Assessment Summary: In 1988, 1992, and 2002, Congress amended the Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974 to establish and increase requirements that states address disproportionate minority contact (DMC) in their juvenile justice systems (OJJDP, 2009). To help states identify and address their DMC issues the Department of Justice (DOJ) developed a five phase model of “ongoing DMC reduction activities”: 1. Identification 2. Assessment/Diagnosis 3. Intervention 4. Evaluation/Performance Measurement 5. Monitoring As part of the first step, Identification, the Utah Board of Juvenile Justice (UBJJ) DMC Subcommittee has examined the relative rate index (RRI) for Minority youths’ contact with each point of contact in the Utah juvenile justice system from arrest through transfers to adult court (RRI = Minority youth rate of contact/White youth rate of contact). This examination has uncovered a multi-year trend of disproportionately higher arrest and referral to juvenile court for Minority youth. Because of this identified trend, the UBJJ DMC Subcommittee requested that the Utah Criminal Justice Center (UCJC) conduct this assessment of DMC Arrest/Referral in Cache, Weber, Salt Lake, and Utah counties as part of the second step, Assessment/Diagnosis. The purpose of this study is to conduct an assessment of local jurisdictions to identify potential explanations for why disproportionate minority contact (DMC) occurs among juveniles at the point of arrest and referral by law enforcement for follow-up data analyses and to explore possible solutions to address the disparity. This study was comprised of two phases: 1) interviews with local Law Enforcement Agencies (LEAs) to identify potential explanations for why DMC occurs among juveniles at the point of arrest/referral and identify potential data sources to confirm or disprove those hypotheses, 2) collection of de-identified data from each of the LEAs to examine DMC issues/explanations proposed in Phase 1. Details: Salt Lake City: University of Utah, Utah Criminal Justice Center, 2012. 84p. Source: Internet Resource: Accessed August 5, 2013 at: http://ucjc.utah.edu/wp-content/uploads/DMC-Arrest_FinalReport_v101812.pdf Year: 2012 Country: United States URL: http://ucjc.utah.edu/wp-content/uploads/DMC-Arrest_FinalReport_v101812.pdf Shelf Number: 129527 Keywords: DiscriminationDisproportionate Minority ContactJuvenile Offenders (Utah, U.S.)Minority Groups |
Author: Independent Police Complaints Commission (IPCC) Title: Report on Metropolitan Police Service Handling of Complaints Alleging Race Discrimination Summary: Race has been an extremely sensitive, and at times toxic, issue for the Metropolitan Police Service (MPS). The disorders that began in Brixton in 1981, and then spread to other parts of the UK, led to Lord Scarman’s report, which found that: “a major cause of the hostility of young black men towards the police was loss of confidence by significant sections of the Lambeth public in the police. The reasons included... distrust of the procedure for investigating complaints against the police; and unlawful and in particular racially prejudiced conduct by some police officers.” Steps were taken to respond to Lord Scarman’s many recommendations. Yet, twelve years later, the ineffectual response to the racist murder of Stephen Lawrence signalled a further lack of confidence in policing by the black community and led to the Stephen Lawrence Inquiry. It found that institutional racism had played a part in the failure and that: “there is a striking and inescapable need to demonstrate fairness, not just by Police Services, but across the criminal justice system as a whole, in order to generate trust and confidence within minority ethnic communities, who undoubtedly perceive themselves to be discriminated against by "the system"... The need to re-establish trust between minority ethnic communities and the police is paramount. Such distrust and loss of confidence is particularly evident in the widely held view that junior officers discriminate in practice at operational level, and that they support each other in such discrimination.” Both inquiries clearly led to changes in policing policy, practice and training, not just in the MPS but nationwide. In its 2009 report ‘The Macpherson Report - Ten Years On’, the Home Affairs Select Committee noted that all witnesses recognised that the police service had made progress towards tackling racial prejudice and discrimination since 1999, including significant improvements in training and handling of cases involving hate and race crimes across London. Nevertheless, the concerns and the lack of confidence of black and minority ethnic communities in policing – and the consequences of this – have been highlighted in more recent official reports since the Macpherson and Scarman inquiries. The report of the independent panel set up to examine and understand why the riots of August 2011 took place said that: “Black and minority ethnic happiness following contact with the police is significantly worse than it is for white people – 64% compared to 77%... the Metropolitan Police… were cited in particular as having issues around positive or ‘quality’ contact. In our view, by improving the quality of minor encounters, the Met can dramatically improve their relationships with communities.” The IPCC’s review of complaints against the MPS’s Territorial Support Group, published in December 2012, highlighted allegations of racial discrimination against young black men as a continuing area of concern. The IPCC itself, and its predecessor body, the Police Complaints Authority, owe their existence to the Macpherson and Scarman inquiries respectively, in order to introduce an element of independence and transparency into the handling of complaints against the police. Nevertheless, the most recent IPCC survey of public confidence in the complaints system (2011), showed a marked lack of confidence in the complaints system from ethnic minority respondents, 43% of whom feared that their complaint would not be taken seriously, and 40% of whom feared that they would suffer harassment if they complained. The comparative numbers for white respondents were 35% and 17%. It was therefore of great concern that during 2011-12 there was a spate of allegations of racist behaviour by officers or staff in the MPS. This included allegations of overt racism and racially aggravated assault in some high profile cases referred by the MPS to the IPCC, which the IPCC later passed on to the Crown Prosecution Service to consider criminal prosecution. These cases are particularly sensitive and have the capacity to seriously affect public confidence in policing among London’s diverse communities. Because of this, the IPCC launched a review of the MPS’s handling of complaints involving allegations of racism. Details: London: IPCC, 2013. 42p. Source: Internet Resource: Accessed August 5, 2013 at: http://www.statewatch.org/news/2013/jul/uk-ippc-report-met-racism.pdf Year: 2013 Country: United Kingdom URL: http://www.statewatch.org/news/2013/jul/uk-ippc-report-met-racism.pdf Shelf Number: 129536 Keywords: Complaints Against PoliceDiscriminationPolice Misconduct (U.K.)Racism |
Author: Great Britain. Her Majesty's Inspectorate of Constabulary Title: Stop and Search Powers: Are the police using them effectively and fairly? Summary: The public expect the police to protect them from harm by using the powers granted to them by Parliament in an effective and fair manner. Arguably, some of the most intrusive and contentious powers are those of stop and search. For decades the inappropriate use of these powers, both real and perceived, has tarnished the relationship between constables and the communities they serve, and in doing so has brought into question the very legitimacy of the police service. Thirty years after the riots in Brixton, concerns about how the police use stop and search powers were again raised following the riots in England in August 2011. Over a million stop and search encounters have been recorded every year since 2006 but only 9% of these led to an arrest in 2011/12. Statistics also showed that members of black and minority ethnic groups were stopped and searched more than white people (compared to the resident population). Whilst there is strong public debate about the disproportionate use of the powers on certain groups, there is surprisingly little attention paid by either the police service or the public to how effective stop and search powers are in reducing or detecting crime. In a society where policing is based upon the principle of consent, the police service needs the support of the public in order to be effective. By using their powers fairly and in a way that is effective in keeping the public safe, the police can build community confidence and encourage people to be more socially responsible in helping to reduce crime and disorder. Her Majesty‘s Inspectorate of Constabulary (HMIC) is an independent inspectorate. It has a legal responsibility under section 54 of the Police Act 1996 to inspect forces in England and Wales, and to report on their efficiency and effectiveness. The objectives for this inspection were: to determine how effectively and fairly the police service is using the powers of stop and search in the fight against crime; to establish whether operational police officers know how to use stop and search powers tactically as part of evidence-based practice to fight crime; and to identify how the powers can be used in a way that builds the public‘s trust in the police, supporting the legitimacy of the service rather than eroding it. Details: London: HMIC, 2013. 64p. Source: Internet Resource: Accessed August 5, 2013 at: http://www.hmic.gov.uk/media/stop-and-search-powers-20130709.pdf Year: 2013 Country: United Kingdom URL: http://www.hmic.gov.uk/media/stop-and-search-powers-20130709.pdf Shelf Number: 129537 Keywords: DiscriminationPolice DiscretionPolice LegitimacyStop and Search (U.K.) |
Author: Southern Poverty Law Center Title: Dangerous Liaisons: The American Religious Right & the Criminalization of Homosexuality in Belize Summary: For most of American history, LGBT people in this country have been stigmatized, imprisoned, violently attacked and severely discriminated against. And today, they are still the population most likely to be victimized by violent hate crimes, according to the FBI. But the modern gay rights movement, which began with the 1969 explosion of frustration known as the Stonewall riots, has made unexpectedly dramatic progress, especially in the last few years. Discriminatory policies in the military and elsewhere have fallen like dominoes. Polling has shown huge and positive shifts in public attitudes toward gay men and lesbians. Thirteen states have approved same-sex marriage. And in June, the U.S. Supreme Court struck down as unconstitutional the Defense of Marriage Act, ruling that legally married same-sex couples must receive the same federal benefits that heterosexual couples receive. At the same time, the Court overturned California’s Proposition 8, a ballot initiative that banned same-sex marriages in that state. All of this has left the American hard-line religious right, which spent decades demonizing LGBT people and working to keep them in the closet, on the losing side of a battle that it now seems incapable of winning. As a result, these groups and individuals have increasingly shifted their attention to other nations, where anti-gay attitudes are much stronger and violence against the LGBT community far too common. In places like Uganda, where legislators since 2009 have been pushing a law that would impose the death penalty for the Orwellian offense of “aggravated homosexuality,” U.S. religious ideologues have given aid and comfort to the authors of barbaric legislation. More and more, they are doing the same in other countries around the globe. Now, this international battle over the constitutionality of anti-sodomy laws has moved to Belize, a Central American country where the government and an array of far-right religious forces are defending the draconian statute known as Section 53, which punishes same-sex “carnal intercourse against the order of nature” with 10 years in prison. Though Belize is tiny, the battle has attracted numerous American groups — including the prominent Christian legal powerhouse Alliance Defending Freedom (ADF) — on the pro-criminalization side, providing advice to anti-gay bigots in Belize. The ADF is a serious organization. Founded in 1994 by 30 prominent Christian leaders in response to what they saw as “growing attacks on religious freedom,” the organization has an annual budget of more than $30 million, a staff of 44 in-house lawyers and 2,200 allied lawyers. Its board is stacked with luminaries not only from the religious right, but also with partners from powerful law firms and captains of industry. The ADF believes that religious freedom is under attack worldwide. It has in recent years built an international legal network and placed staffers overseas because it sees “a risk of winning a domestic battle while potentially — in time — losing the world.” Its website states that it is active in 31 foreign countries and describes a number of global initiatives. But it makes no mention of its criminalization work. There is great hypocrisy here. Surely such work, providing legal or other counsel to keep a law on the books that lands gay people in jail for consensual sex, violates the oft-stated principle of the religious right that their theology teaches to hate the sin, but love the sinner. Perhaps that is why neither the ADF, nor any of the other American religious groups involved in Belize, say a word about their involvement in the Belize case on their websites. They also refuse to speak to the press about the case. Their work is fanning the flames of anti-gay hatred that already exists in many of the countries where they are injecting themselves. As in Uganda, American groups have been propagandizing about the “recruitment” of young schoolchildren, the allegedly depraved and diseased lives of LGBT people, the pedophilia that is supposedly common among gay men, and the destruction of Christianity and the institution of marriage that they seem certain ending anti-LGBT laws will lead to. This vicious propaganda, born and bred by American ideologues, has found fertile soil across the globe. The Belize case is important. Overturning Section 53 could lead to the demise of similar statutes in a dozen other Caribbean countries that belong to the Commonwealth of former British colonies. This would mark a major stop forward in securing full human rights for the LGBT community. It also could affect the even larger battle of the United Nations to influence scores of countries that signed the International Covenant on Civil and Political Rights, which took effect in 1976, to outlaw statutes criminalizing gay sex and to prevent anti-LGBT discrimination. In the United States, the issue of criminalization of gay sex abroad and similarly harsh attacks on LGBT people have split the religious right, leaving groups like the ADF that take extreme positions more and more isolated. In 2009, Rick Warren—one of America’s most prominent evangelicals, the author of the bestselling The Purpose Driven Life and the pastor of the Saddleback megachurch in California—denounced Uganda’s proposed death penalty for “aggravated homosexuality.” And in March, Focus on the Family spoke out against anti-gay proselytizing. “We’ve created an animosity,” the group’s president, Jim Daly, was quoted saying in The New York Times. “We’ve said we hate the sin and love the sinner. But when you peel it back, sometimes we hated the sinner, too. And that’s not Gospel.” Still, Focus’ vice president for government and public policy, Tom Minnery, sits on the ADF’s board, and the group has refused to comment on the situation in Belize. Focus’ position on criminalization may be ambiguous, but one thing is absolutely clear: What American groups like the ADF are doing amounts to pouring fuel on an exceedingly volatile fire. They are aiding and abetting anti-LGBT forces in countries where anti-gay violence is endemic. And as The New York Times wrote in a 2010 editorial regarding Uganda, “You can’t preach hate and not accept responsibility for the way that hate is manifested.” In Belize, the situation is so bad that the lawyers for the LGBT activist who filed the Section 53 case worry that they only have one plaintiff, and he could be assassinated at any moment. There could perhaps be no greater manifestation of hating the sinner, to borrow Jim Daly’s words, than bringing the full weight of the criminal law down on him or her. But that is exactly what the ADF and others involved in advocating for criminalization are trying to do. The leaders of these organizations should explain how their goal of protecting religious liberty and marriage requires countries to condemn members of the LGBT community to long prison terms. And Focus on the Family, like Rick Warren, should state clearly where it stands on the issue. Details: Atlanta, GA: Southern Poverty Law Center, 2013. 26p. Source: Internet Resource: Accessed August 8, 2013 at: http://www.splcenter.org/sites/default/files/downloads/publication/splc-report-dangerous-liaisons.pdf Year: 2013 Country: Belize URL: http://www.splcenter.org/sites/default/files/downloads/publication/splc-report-dangerous-liaisons.pdf Shelf Number: 129596 Keywords: Bias CrimesDiscriminationHate Crimes (Belize)HomosexualityReligion |
Author: European Union Agency for Fundamental Rights (FRA) Title: Discrimination and Hate Crime Against Jews in EU Member States: Experiences and perceptions of antisemitism Summary: Antisemitism is one of the most alarming examples of how prejudice can endure, lingering on for centuries, curbing Jewish people's chances to enjoy their legally guaranteed rights to human dignity, freedom of thought, conscience and religion or non-discrimination. Despite European Union (EU) and Member States' best efforts, many Jews across the EU continue to face insults, discrimination, harassment and physical violence that may keep them from living their lives openly as Jews. Nevertheless, there is little concrete information available on the extent and nature of antisemitism that Jewish people encounter in the EU today - whether at work, in public places, at school or in the media - information critical to policy makers seeking to craft effective solutions to bring an end to such discrimination. The European Union Agency for Fundamental Rights (FRA) has reported on the available official and unofficial data on antisemitic incidents in its Annual report on Fundamental rights: challenges and achievements, as well as in a separate annual working paper - Antisemitism: Summary overview of the situation in the EU - which presents trends on the available data covering up to 10 years. This provides a long-term view of the developments concerning antisemitic incidents. These reports are part of FRA's body of work on hate crime, shining light on the experiences of various groups such as Lesbian, Gay, Bisexual and Transgender (LGBT) persons, immigrants and ethnic minorities, and persons with disabilities. The available data fail to answer many questions, however, which are of keen interest to policy makers looking to improve responses to antisemitic acts. Effective solutions require information on the types of antisemitic incidents, the context in which they take place and the reasons why many incidents are not reported at all, indeed, why official statistics markedly underestimate the number of antisemitic incidents and the number of people exposed to these acts. Furthermore, even the most basic official statistics on antisemitic incidents are not available in many EU Member States. To close this information gap and facilitate effective solutions, FRA carried out the first-ever survey to collect comparable data across a number of EU Member States on Jewish people's experiences and perceptions of antisemitism, hate crime and discrimination. In the survey, which was conducted in Belgium, France, Germany, Hungary, Italy, Latvia, Sweden and the United Kingdom, 5,847 self-identified Jewish people took part. The survey was also carried out in Romania, but due to the small number of responses in Romania these results are presented separately in Annex 2 of this report. The survey also provides data on exposure to antisemitic acts against the Jewish community, such as vandalism of Jewish sites or antisemitic messages in the broadcast media or on the internet. Details: Luxembourg: Publications Office of the European Union, 2013. 80p. Source: Internet Resource: Accessed November 23, 2013 at: http://fra.europa.eu/sites/default/files/fra-2013-discrimination-hate-crime-against-jews-eu-member-states_en.pdf Year: 2013 Country: Europe URL: http://fra.europa.eu/sites/default/files/fra-2013-discrimination-hate-crime-against-jews-eu-member-states_en.pdf Shelf Number: 131695 Keywords: AntisemitismBias-Motivated CrimesDiscriminationHate Crimes (Europe)PrejudiceVandalism |
Author: Amnesty International Title: Summary: Many of Europe's 10-12 million Roma are at increased risk of racist violence and discrimination. Excluded from access to essential services and unable to get redress for human rights violations, many Roma feel abandoned. State authorities are failing to protect Roma and to ensure that crimes against them are thoroughly investigated in order to reveal underlying racist or discriminatory motives. This briefing examines hate motivated violence and harassment perpetrated against Roma through emblematic cases in three countries - the Czech Republic, France and Greece. Details: London: AI, 2014. 40p. Source: Internet Resource: Accessed April 28, 2014 at: http://www.amnesty.org/en/library/asset/EUR01/007/2014/en/7c3cc69e-e84d-43de-a6a9-3732b4702dff/eur010072014en.pdf Year: 2014 Country: Europe URL: http://www.amnesty.org/en/library/asset/EUR01/007/2014/en/7c3cc69e-e84d-43de-a6a9-3732b4702dff/eur010072014en.pdf Shelf Number: 132179 Keywords: Bias-Related CrimesDiscriminationGypsiesHate Crimes |
Author: Great Britain. Home Office. Title: Police Powers of Stop and Search: Summary of Consultation Responses and Conclusions Summary: On 2 July 2013 the Home Secretary launched a consultation on the use of the powers of stop and search. These powers included the most common ones used by the police, covering offences from theft and drugs to serious violence and public disorder. The consultation aimed to gauge the views of the public, police, campaign groups and other organisations. These views were considered under the themes of: effectiveness; balancing public protection with the preservation of personal freedoms; reducing bureaucracy; and fairness. The consultation generated considerable interest and debate and attracted over 5,000 responses from a diverse demographic. It also made use of a number of different media to engage the public and encourage as many people as possible to make their views known. The Government has now analysed the responses which are summarised in this document. As a result of the analysis and on the basis of other evidence submitted to the consultation, the Government has developed a number of proposals which it will implement. In summary, these are: 1. Revise the Police and Criminal Evidence Act 1984 (PACE) Code of Practice A to make clear what constitutes 'reasonable grounds for suspicion' - the legal basis upon which police officers carry out the vast majority of stops. The revised code will also emphasise that where officers are not using their powers properly they will be subject to formal performance or disciplinary proceedings. 2. Commission the College of Policing to review the national training of stop and search and work with Chief Constables and Police and Crime Commissioners to develop robust training for probationers, existing officers, supervisors and police leaders. Training for frontline officers should include awareness of unconscious bias in decisions concerning the use of the powers. 3. The College of Policing will consider introducing a requirement that stop and search training should be subject to assessment and refreshed on a rolling basis. Failure to pass would mean that officers could not use the powers in the course of their duties. 4. Introduce an annual review of the use of stop and search powers which could form part of Her Majesty's Inspectorate of Constabulary's (HMIC) new assessments for the public on the performance of forces. 5. Introduce a voluntary Best Use of Stop and Search scheme. Forces participating in the scheme will record the outcome of searches in more detail to show the link (or the lack of a link) between the object of the search and its outcome. This will allow the police to assess how well they are targeting their use of stop and search and using 'reasonable grounds for suspicion' in accordance with law. 6. To help achieve this additional transparency while saving as much police time as possible, the Home Office will work with Chief Constables and Police and Crime Commissioners to explore the possibility of the quick and efficient recording of information on the use of stop and search via the new Emergency Services Network and promote the practice to all forces in England and Wales. 7. In order to improve public understanding of the police and feed into best practice, forces participating in the Best Use of Stop and Search Scheme will introduce lay observation policies, whereby members of the local community can apply to accompany police officers on patrol. 8. Under the Best Use of Stop and Search Scheme, participating forces will introduce a stop and search complaints 'community trigger' whereby the police must explain to local community scrutiny groups how the powers are being used where there is a large volume of complaints. 9. Forces participating in the voluntary scheme will make clear to their communities that they will respect the case law in Roberts by making authorisations under Section 60 where it is necessary rather than just expedient to do so. In addition, forces participating in the scheme will raise the level of authorisation to a senior officer and that officer must reasonably believe that violence will take place rather than may, as things stand now. All forces, including those not in the scheme, must ensure that Section 60 stop and search is applied in accordance with case law and only used if necessary. 10. Under the voluntary scheme, police forces will limit the duration of an initial authorisation to 15 hours. They will also communicate with the communities involved in advance (where practicable) and afterwards, so that the public is kept informed of the purpose and success of the operation. 11. PACE Code of Practice A requires police forces to make arrangements for public scrutiny of their use of stop and search. The Home Secretary will write to all Chief Constables and Police and Crime Commissioners to tell them to adhere to the Code. If they do not do so, the Government will bring forward legislation to make this a statutory requirement. 12. Include stop and search data on police.uk. This will increase accountability and transparency and enable the general public to monitor the use of the powers. 13. Commission HMIC to review other stop powers, such as Section 163 of the Road Traffic Act 1988 - both the powers and their use - to make sure they are being used effectively and fairly. This will include an examination of the use of stop and search powers involving the removal of more than a person's outer clothing, including strip searches, to identify whether these searches are lawful, necessary and appropriate. Details: London: Home Office, 2014. 49p. Source: Internet Resource: Accessed June 14, 2014 at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/307545/StopSearchConsultationResponse.pdf Year: 2014 Country: United Kingdom URL: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/307545/StopSearchConsultationResponse.pdf Shelf Number: 132452 Keywords: DiscriminationPolice Discretion (U.K.)Racial Profiling in Law Enforcement (U.K.)Stop and Search |
Author: Harvey, Shannon Title: Barriers Faced by Lesbian, Gay, Bisexual and Transgender People in Accessing Domestic Abuse, Stalking and Harassment, and Sexual Violence Services Summary: In 2012, the Welsh Government began consultation on legislation to end violence against women, domestic abuse and sexual violence. Stakeholders, in early White Paper consultations, suggested that lesbian, gay, bisexual and transgender (LGBT) people may experience specific barriers when seeking support (Faraz Bhula, 2012). Alongside the development of Wales' men's domestic abuse service, some research has been conducted around gay and bisexual men's experiences of domestic abuse. However, LGBT people remain under-represented in referrals to the All Wales Domestic Abuse & Sexual Violence Helpline and Multi-Agency Risk Assessment Conferences (MARACs) across Wales, despite evidence suggesting that they experience domestic and sexual abuse at similar rates to heterosexual, cis women (Donovan et al, 2006; Henderson, 2003). Service provision in Wales and elsewhere in the UK has remained focused on the needs of heterosexual, cis women and knowledge of any differences in LGBT people's support needs is limited. Seeking to further develop policy-making and legislation in this area, the Welsh Government (2013) committed to identifying barriers faced by LGBT people in accessing domestic abuse, stalking and harassment, and sexual violence services. NatCen Social Research was commissioned in January 2014 to conduct this research. Details: Cardiff, Wales: Welsh Government Social Research, 2014. 80p. Source: Internet Resource: Accessed June 17, 2014 at: http://wales.gov.uk/docs/caecd/research/2014/140604-barriers-faced-lgbt-accessing-domestic-abuse-services-en.pdf Year: 2014 Country: United Kingdom URL: http://wales.gov.uk/docs/caecd/research/2014/140604-barriers-faced-lgbt-accessing-domestic-abuse-services-en.pdf Shelf Number: 132489 Keywords: Bias-Motivated CrimesDiscriminationDomestic ViolenceGays, Crime AgainstGays, Lesbians and Bisexuals, Crime AgainstHate CrimesMinority GroupsSexual HarassmentSexual ViolenceStalkingVictim Services |
Author: Amnesty International Title: Because of Who I Am: Homophobia, Transphobia and Hate Crimes in Europe Summary: Although the situation of lesbian, gay, bisexual, trans and intersex (LGBTI) people has improved in recent years in some European countries, prejudice, discrimination and hate-motivated violence persist, even in countries where same-sex relationships are relatively accepted and where marriage has been opened to all couples irrespective of their gender and sexual orientation. Because of discrimination, prejudice and violence, many people in Europe continue to hide their sexual orientation and gender identity, including from colleagues, friends, schoolmates and family members. According to a survey across European Union (EU) States recently published by the European Union Agency for Fundamental Rights (FRA), almost 70% of the LGBTI respondents had always or often disguised their sexual orientation or gender identity at school. LGBTI individuals can face violence anywhere: on the street, in bars and clubs, even at home - sometimes from family members. An Italian NGO (AGEDO) that provides counselling to parents of LGBTI youth in Palermo described cases where teenagers have been sexually abused by their relatives as well as cases where they have been confined to or banished from their homes or referred to "sorcerers" supposedly to help them "fix" their sexual orientation or gender identity. Violence motivated by the real or perceived sexual orientation or gender identity of the victim is widespread, although the exact extent cannot be known. According to the FRA, one out of four of the LGBTI individuals surveyed had been attacked or threatened with violence in the past five years. Unfortunately, only a minority of European countries collect comprehensive data on homophobic and transphobic hate crimes. According to the Organization for Security and Co-operation in Europe (OSCE), 13 EU countries collect some kind of data on homophobic hate crimes, while only five collect data on transphobic hate crimes. However, only four of them provided information on these crimes to the OSCE Office for Democratic Institutions and Human Rights in 2011. Hate-motivated violence has a particular detrimental, long-term impact on victims. It also creates a broader climate of fear among LGBTI individuals, groups and communities and, especially when states fail to bring the perpetrators to justice, a pervasive mistrust in authorities. In order to effectively tackle hate crimes on the grounds of sexual orientation and gender identity, authorities need to make improvements in several areas. Currently, there are gaps in legislation in many EU countries, while investigations and prosecutions of crimes with a hate motive are often flawed. There is little support for victims, who in turn may be unwilling to report the crimes to the police, and impunity prevails for the attackers. This briefing identifies such areas with illustrative case studies. It also provides information on homophobic and transphobic hate crimes in these countries and makes a number of recommendations to both national authorities and the EU. Details: London: AI, 2013. 16p. Source: Internet Resource: Accessed July 2, 2014 at: http://amnesty.ie/sites/default/files/Because%20of%20who%20I%20am.pdf Year: 2013 Country: Europe URL: http://amnesty.ie/sites/default/files/Because%20of%20who%20I%20am.pdf Shelf Number: 132602 Keywords: Bias-Motivated CrimesDiscriminationGays, Violence AgainstHate CrimesHomophobiaPrejudice |
Author: Fingerle, Michael Title: Hate Crime Survey Report: Perspectives of victims, at-risk groups and NGOs Summary: The "When Law and Hate Collide" project is funded by the Daphne III program of the European Union. The program aims at contributing to the protection of children, young people and women against all forms of violence and attains a high level of health protection, well-being and social cohesion. Its main objective is to contribute to the prevention of and the fight against all forms of violence and aims to take preventive measures and provide support and protection for victims and groups at risk. The project consists of a collaboration between three project partners: the Lancashire Law School at the University of Central Lancashire, United Kingdom, led by the project's Principal Investigator Professor Michael Salter; the Department of Philosophy, Linguistics and Theory of Science at the University of Gothenburg, Sweden, led by Professor Christian Munthe; and the Institute of Special Needs Education within the Department of Education Sciences at the Goethe University Frankfurt, led by Professor Michael Fingerle. The overall aim of the project is to look at the concept of Hate Crime in a European context and explore possibilities for a Hate Crime law in Europe. The interdisciplinary project team looks therefore at the theme of Hate Crime from a legal (University of Central Lancashire), ethical (University of Gothenburg) and psychological (Goethe University) perspective. The project aim of the empirical part of the project partners at Goethe University is to understand the psychological aspects of Hate Crime regarding the experience of victimization, victim support and possibilities for preventive measures. This focus is motivated by two concepts. Firstly, we look at Hate Crimes as a variety of social discrimination. Hate crimes are identity crimes, their aim is to attack the social identity and to depreciate the value of people who belong to what is called "target groups". Usually, members of such groups are experiencing such acts of social discrimination on a broader scale whether these acts are classified as crimes or not. From this point of view, Hate Crimes happen in a certain social climate which exists in social localities or even in the society as a whole. To have an influence on these factors, it is not only important to document the pain of victims. It is necessary to give the victims and the members of target-groups a voice and to ask them about their experiences and about what they think about the usefulness of a Hate Crime legislation. Also NGOs - which are active as support groups and/or as a political lobby - play a crucial role in what one could call the empowerment of target groups. Secondly - and in a certain way, this point of view is linked to the question of empowerment - did we base the design of our empirical research on the concept of resilience, which has become pivotal in the area of both prevention and therapy over the last decade. Resilience is usually defined as a person's capacity to master adversaries and critical life events (e.g. Sroufe, 2005, Masten, 2010, Fingerle, 2011b). Of course, it would be misguided and even cynical to use the concept of resilience in the sense that members of target groups could develop personal abilities to avoid Hate Crimes. Instead of this misconception we are interested in personal resources which enable a person to cope with the trauma which comes along with being the victim of a Hate Crime. Moreover, according to a concept of resilience which was formulated already at the early stages of this kind of research and which has been emphasized recently under the notion of a (social) ecology of resilience (Ungar, 2011) we are interested in the documentation of the social resources victims and members of target groups need to cope with the aftermath of Hate Crimes and to empower themselves. Details: Frankfurt am Main: Goethe University, 2013. 50p, Source: Internet Resource: When Law and Hate Collide: Accessed July 18, 2014 at: https://www.uclan.ac.uk/research/explore/projects/assets/Hate_Crime_Survey_Report.pdf Year: 2013 Country: Europe URL: https://www.uclan.ac.uk/research/explore/projects/assets/Hate_Crime_Survey_Report.pdf Shelf Number: 138725 Keywords: Bias-Motivated CrimeDiscriminationHate Crime (Europe)Victims of Crime |
Author: Californians for Safety and Justice Title: Latino Voices: The Impact of Crime and Criminal Justice Policies on Latinos Summary: Despite representing a larger portion of California's population than whites, Latinos are dramatically overrepresented as crime victims - and in our courts, jails and prisons. Research shows that Latinos receive harsher treatment in arrests, pretrial proceedings and sentencing than whites, even when charged with the same offenses. Other findings include: Victims of Crime - Latinos are murdered twice as much as whites in California -- and more by strangers. - Latinos are more likely to be shot and burglarized than whites. - Hate crimes against Latinos rise as immigration increases. - California Latinos experienced more repeat crimes than survivors overall. - Half of Latino survivors are unaware of recovery services. Unequal Treatment in the System - Latinos awaiting trial were more likely to be denied bail, or their bail was set higher than African Americans or whites. - Latinos were 44% more likely to be incarcerated than whites for the same crimes. Latinos Support Change - California Latino voters want officials to focus on less incarceration, not more - They want more supervised probation and rehabilitation by a five-to-one margin over sending more people to jail/prison. - Eight in 10 support shortening long sentences and using the savings for education, health services and prevention. Details: Oakland, CA: Californians for Safety and Justice, 2014. 32p. Source: Internet Resource: Accessed August 14, 2014 at: http://libcloud.s3.amazonaws.com/211/04/1/430/LatinoReport_7.8.14v1.pdf Year: 2014 Country: United States URL: http://libcloud.s3.amazonaws.com/211/04/1/430/LatinoReport_7.8.14v1.pdf Shelf Number: 133073 Keywords: Bias Criminal Justice PoliciesDiscriminationDisproportionate Minority ContactHispanicsLatinosRacial Disparities (California) |
Author: Costello, Liza Title: Travellers in the Irish Prison System: A Qualitative Study Summary: Over recent years, the Irish Penal Reform Trust (iprt) has become increasingly aware that very little has been documented about the experiences of Travellers in the Irish prison system, while evidence that has emerged from the UK gives cause for concern. Reports by the Irish Chaplaincy in Britain, the Scotland Equality and Human Rights Commission, the (then) Commission for Racial Equality and others have all revealed a wide range of issues that disproportionately affect Travellers in prison. These include racist abuse from other prisoners and prison officers, discrimination, lack of literacy, high rates of suicide, substance misuse, and often the strength of Traveller family ties not being recognised, leading to isolation, self-harm and even suicide. In 2011, the UN Committee Against Torture's Concluding Observations to Ireland suggested that such issues were not unique to the UK context. In this document, it expressed concern "at reports of allegations by prisoners from the Traveller community in Cork prison that they are consistently subjected to acts of intimidation by other prisoners" and recommended that the State address "the issue of intimidation of the Traveller community and investigat[e] all allegations of such intimidation". The aim of this research is to illuminate the experiences and needs of Travellers in prison. Its objectives are to: - present what is already known regarding Travellers in prison; - analyse the rights of Travellers in prison from an equality and human rights perspective; - conduct primary research into the needs and experiences of Travellers in the Irish prison system; - highlight models of good practice in meeting the needs of minority ethnic groups in prison; and - to make relevant evidence-based recommendations to the Irish Prison Service and other relevant bodies. Details: Dublin: Irish Penal Reform Trust, 2014. 77p. Source: Internet Resource: Accessed August 23, 2014 at; http://www.iprt.ie/files/IPRT_Travellers_Report_web.pdf Year: 2014 Country: Ireland URL: http://www.iprt.ie/files/IPRT_Travellers_Report_web.pdf Shelf Number: 133122 Keywords: DiscriminationEthnic GroupsGypsiesInmatesMinority GroupsPrisoners (Ireland)Prisons |
Author: Mitchum, Preston Title: Beyond Bullying: How Hostile School Climate Perpetuates the School-to-Prison Pipeline for LGBT Youth Summary: School discipline policies have been under heightened scrutiny by the U.S. Department of Education because of the disparate impact they have on students of color. Data released last spring by the Office for Civil Rights, or OCR, revealed that rigid school discipline policies - which lead to suspensions and expulsions of students for even the most minor offenses - perpetuate a school-to-prison pipeline that disproportionately criminalizes students of color and students with disabilities. Last month, the U.S. Department of Education released "Guiding Principles: A Resource Guide For Improving School Climate and Discipline," the first time federal agencies have offered legal guidelines to address and reduce racial discrimination and disproportionality in schools. This guidance makes tremendous strides in reporting on the stark racial disparities in school discipline, however, missing from this groundbreaking work are lesbian, gay, bisexual, and transgender, or LGBT, youth - who are also disproportionately affected by harsh school discipline policies - due to the dearth of data to illuminate their experiences. All too often, LGBT youth are pushed out of the classroom as a result of a hostile school climate. When an LGBT youth is tormented in school by classmates and is emotionally or physically harmed, or even worse, driven to suicide, the news media rightly shines a spotlight on the situation. And while bullying grabs the headlines, as it should, it is only a portion of the story when it comes to LGBT youth feeling unwelcome and less than safe in school. To be certain, peer-on-peer bullying is an important factor that influences school climate and has been linked to poor health, well-being, and educational outcomes. But research suggests that harsh school discipline policies also degrade the overall school experience and cycle LGBT youth and students of color into the juvenile justice system at alarming rates. The role that overly harsh school discipline policies and adults in schools play in setting school climate is often overlooked. School discipline policies and the application of those rules set the tone for the school environment and shape the experiences for students of color and LGBT youth. Studies suggest that the actions (or inactions) of adults in schools associated with school climate - issues that go beyond bullying - have the potential to derail youth, particularly LGBT youth, and push them into a cycle of unfair criminalization that has lifelong consequences: - LGB youth, particularly gender-nonconforming girls, are up to three times more likely to experience harsh disciplinary treatment by school administrators than their non-LGB counterparts. - As with racial disparities in school discipline, higher rates of punishment do not correlate with higher rates of misbehavior among LGBT youth. - LGB youth are overrepresented in the juvenile justice system; they make up just 5 percent to 7 percent of the overall youth population, but represent 15 percent of those in the juvenile justice system. - LGBT youth report significant distrust of school administrators and do not believe that school officials do enough to foster safe and welcoming school climates. Safe and welcoming school climates are essential to achieving positive educational outcomes for all youth, especially students of color and LGBT youth who often face harassment, bias, and discrimination at school based on their race, sexual orientation, and gender identity or expression. In this report, we examine the disparate impact of harsh school discipline and the policing of schools on students of color and LGBT youth, as well as the role that adults in schools play in perpetuating hostile school climates for those youth. Furthermore, we explain why it is important that discipline policies are fair and supportive, rather than punitive and criminalizing, and foster healthy learning environments in which all students can excel. Details: Washington, DC: Center for American Progress, 2014. 39p. Source: Internet Resource: Accessed September 9, 2014 at: http://cdn.americanprogress.org/wp-content/uploads/2014/02/BeyondBullying.pdf Year: 2014 Country: United States URL: http://cdn.americanprogress.org/wp-content/uploads/2014/02/BeyondBullying.pdf Shelf Number: 133191 Keywords: Bias-Related CrimeDiscriminationLGBT YouthRacial DisparitiesSchool Bullying (U.S.)School DisciplineSchool-to-Prison Pipeline |
Author: University of Leicester Title: The Leicester Hate Crime Project: Findings and Conclusions Summary: Over a two-year period from 2012 to 2014 the Leicester Hate Crime Project team conducted groundbreaking research into acts of hate, prejudice and targeted hostility. Funded by the Economic Social and Research Council, this research - Britain's biggest ever study of hate crime victimisation - uncovered new insights into the nature and forms of these acts and their impact upon victims, families and wider communities. The broad aims of the Leicester Hate Crime Project were to examine people's experiences of hate, prejudice and targeted hostility; to understand the physical and emotional harms suffered by individuals and their families; and to identify ways of improving the quality of support available to victims. The study used a deliberately broad and inclusive definition of hate crime in order to capture the experiences of anyone, from any background, who felt that they had been victimised specifically because of their identity or perceived 'difference'. This framework enabled us to expand upon the range of victim groups and experiences typically covered within conventional studies of hate crime. Rather than focusing solely upon the five strands of victim identity (race, religion, disability, sexual orientation and transgender status) which are monitored by criminal justice agencies, we wanted to give a voice to victims who have tended to be peripheral or 'invisible' within academic research and official policy but whose victimisation can often bear all of the hallmarks of recognised hate crimes. The city of Leicester has an extraordinarily diverse population. It is home to substantial minority ethnic populations that are both newly arrived and well-established, as well as a wide range of faith, sexual and other minority communities, and it is this rich diversity which made Leicester a highly appropriate site in which to explore experiences of hate, prejudice and targeted hostility. This is a study which clearly has relevance to local policy, practice and activism, but which also has broader implications for other multicultural environments within the UK and further afield. This report presents the findings from the Leicester Hate Crime Project and has been structured to outline victims' experiences and expectations collectively, although where significant variations between and within groups have emerged, these have been identified. In addition to the comprehensive findings and recommendations included in this report, we have produced an Executive Summary, a series of themed briefing papers and a Victims' Manifesto for organisations to pledge support to. The briefing papers include the following: Briefing Paper 1: Disablist Hate Crime Briefing Paper 2: Gendered Hostility Briefing Paper 3: Homophobic Hate Crime Briefing Paper 4: Racist Hate Crime Briefing Paper 5: Religiously Motivated Hate Crime Details: Leicester, UK: University of Leicester, 2014. 86p., and five briefing papers Source: Internet Resource: Accessed September 11, 2014 at: http://www2.le.ac.uk/departments/criminology/research/current-projects/hate-crime/our-reports-1 Year: 2014 Country: United Kingdom URL: http://www2.le.ac.uk/departments/criminology/research/current-projects/hate-crime/our-reports-1 Shelf Number: 133279 Keywords: Bias-Related CrimesCrime StatisticsDiscriminationHate Crime (U.K.)Victims of Crime |
Author: Mauer, Marc Title: Incorporating Racial Equity into Criminal Justice Reform Summary: There are few areas of American society where racial disparities are as profound and as troubling as in the criminal justice system. In fact, racial perceptions of crime and race influenced policy development have been intimately tied to the development of mass incarceration. Yet there is growing evidence that the high rate of minority imprisonment is excessive for public safety goals and damaging for family and community structures in high incarceration neighborhoods. This briefing paper provides an overview of racial disparities in the criminal justice system and a framework for developing and implementing remedies for these disparities. We first describe the rationale for incorporating racial equity as a goal of an overall criminal justice reform strategy. We then document trends in racial disparity and assess the various causal factors that have produced these outcomes. Next, we identify a selection of best practices for addressing disparities, along with recommendations for implementation. Finally, we provide a guide for establishing rigorous metrics for success. Details: Washington, DC: The Sentencing Project, 2014. 22p. Source: Internet Resource: Accessed November 10, 2014 at: http://sentencingproject.org/doc/rd_Incorporating_Racial_Equity_into_Criminal_Justice_Reform.pdf Year: 2014 Country: United States URL: http://sentencingproject.org/doc/rd_Incorporating_Racial_Equity_into_Criminal_Justice_Reform.pdf Shelf Number: 134017 Keywords: Criminal Justice ReformDiscriminationRacial BiasRacial Disparities (U.S.) |
Author: U.S. Department of Justice. Civil Rights Division Title: Investigation of the Ferguson Police Department Summary: The Civil Rights Division of the United States Department of Justice opened its investigation of the Ferguson Police Department (FPD) on September 4, 2014. This investigation was initiated under the pattern-or-practice provision of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. - 14141, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. - 3789d (Safe Streets Act), and Title VI of the Civil Rights Act of 1964, 42 U.S.C. - 2000d (Title VI). This investigation has revealed a pattern or practice of unlawful conduct within the Ferguson Police Department that violates the First, Fourth, and Fourteenth Amendments to the United States Constitution, and federal statutory law. Over the course of the investigation, we interviewed City officials, including City Manager John Shaw, Mayor James Knowles, Chief of Police Thomas Jackson, Municipal Judge Ronald Brockmeyer, the Municipal Court Clerk, Ferguson's Finance Director, half of FPD's sworn officers, and others. We spent, collectively, approximately 100 person-days onsite in Ferguson. We participated in ride-alongs with on-duty officers, reviewed over 35,000 pages of police records as well as thousands of emails and other electronic materials provided by the police department. Enlisting the assistance of statistical experts, we analyzed FPD's data on stops, searches, citations, and arrests, as well as data collected by the municipal court. We observed four separate sessions of Ferguson Municipal Court, interviewing dozens of people charged with local offenses, and we reviewed third-party studies regarding municipal court practices in Ferguson and St. Louis County more broadly. As in all of our investigations, we sought to engage the local community, conducting hundreds of in-person and telephone interviews of individuals who reside in Ferguson or who have had interactions with the police department. We contacted ten neighborhood associations and met with each group that responded to us, as well as several other community groups and advocacy organizations. Throughout the investigation, we relied on two police chiefs who accompanied us to Ferguson and who themselves interviewed City and police officials, spoke with community members, and reviewed FPD policies and incident reports. Ferguson's law enforcement practices are shaped by the City's focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson's police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson community. Further, Ferguson's police and municipal court practices both reflect and exacerbate existing racial bias, including racial stereotypes. Ferguson's own data establish clear racial disparities that adversely impact African Americans. The evidence shows that discriminatory intent is part of the reason for these disparities. Over time, Ferguson's police and municipal court practices have sown deep mistrust between parts of the community and the police department, undermining law enforcement legitimacy among African Americans in particular. Details: Washington, DC: U.S. Department of Justice, 2015. 105p. Source: Internet Resource: Accessed March 9, 2015 at: http://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/ferguson_police_department_report.pdf Year: 2015 Country: United States URL: http://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/ferguson_police_department_report.pdf Shelf Number: 134756 Keywords: BiasDiscriminationPolice MisconductPolice Use of Force (Missouri)Racial DisparitiesRacial Profiling |
Author: Lurie, Kaya Title: Discrimination at the Margins: The Intersectionality of Homelessness & Other Marginalized Groups Summary: This brief addresses the intersectionality of homelessness and other marginalized groups. It examines six marginalized groups: racial minorities, women, individuals who identify as lesbian, gay, transgender, queer, or questioning (LGBTQ), individuals with a mental disability, incarcerated individuals, and veterans. The brief presents national and Washington State statistics to show how these six marginalized groups are represented in the homeless population compared to the general population. Moreover, it presents some of the causes of homelessness for these marginalized groups. This policy brief is particularly important to homeless rights advocacy because it humanizes the homeless population by outlining who is homeless and why. Categorizing a diverse group of people as "homeless" blanches this diversity by presenting these people as a homogenous group. Homogenizing the people who are homeless facilitates their dehumanization, erasing not only their diverse identities, but also obscuring the diverse causes of their homelessness. Homogenization also encourages erroneous negative stereotypes, assumptions, and prejudices. This brief unveils the diverse identities and causes of homelessness. This unveiling reveals that marginalized groups are disproportionately represented in the homeless population, and are therefore, disproportionately targeted by the ordinances that criminalize homelessness. Moreover, these criminalization laws are evidence of systemic and insidious discrimination of many marginalized groups. Because society has already rejected laws that discriminatorily target many of these same marginalized groups, the results of this study should compel society to re-examine the impact of laws that criminalize homelessness. Ultimately, this brief argues that laws that criminalize homelessness should be rejected because they are discriminatory. Details: Seattle, WA: Seattle University School of Law, Homeless Rights Advocacy Project, 2015. 75p. Source: Internet Resource: Accessed May 19, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2602532 Year: 2015 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2602532 Shelf Number: 135711 Keywords: CriminalizationDiscriminationHomeless PersonsHomelessnessPovertyPublic Space |
Author: Advancement Project Title: Power in Partnerships: Building Connections at the Intersections to End the School-to-Prison Pipeline Summary: OVER THE LAST DECADE, the school-to-prison pipeline has gone from a fringe educational issue to a national youth-led movement anchored by grassroots communities across the country. Because of the school-to-prison pipeline's unique effects on students of color, lesbian, gay, bisexual, transgender and queer (LGBTQ) students, and especially LGBTQ students of color, the issue has provided an opportunity for powerful intersectional work among the racial justice community and the LGBTQ community. And while we have made a lot of progress by harnessing our joint power, we would like to - and desperately need to - build even more. This is essential if we are going to win. Power in Partnerships is a resource for all racial justice and LGBTQ groups to help build or continue to build that power. We begin by sharing the latest information on what the school-to-prison pipeline is and how it especially affects youth of color and LGBTQ youth. We then make the case for collaboration by hearing from youth about the importance of intersectionality, and take a step back to talk about the historical parallels of racial justice and LGBTQ movements. We also include a guide to basic terminology that empowers us to speak each other's languages. Next, we engage in a candid discussion of the barriers to collaboration that have prevented us from working effectively together in the past, and discuss best practices for collaboration. We then provide some tools to help move us forward, including effective strategies for fighting against school pushout and core messages to use when talking about this issue. Whether a group is only learning about the school-to-prison pipeline for the first time or is deep into a restorative justice campaign this publication serves as a resource to take this work - and our collective movement - to the next level. Details: Advancement Project, 2015. 35p. Source: Internet Resource: Accessed September 24, 2015 at: http://b.3cdn.net/advancement/85066c4a18d249e72b_r23m68j37.pdf Year: 2015 Country: United States URL: http://b.3cdn.net/advancement/85066c4a18d249e72b_r23m68j37.pdf Shelf Number: 136868 Keywords: DiscriminationGays, Crimes AgainstRacial BiasSchool-to-Prison Pipeline |
Author: Bies, Katherine J. Title: Stuck in the '70s: The Demographics of California Prosecutors Summary: Recent events have renewed longstanding concerns about the treatment of racial minorities by the criminal justice system in California and throughout the United States. Part of that attention has focused on prosecutors, the gatekeepers to the criminal justice system and, in many ways, the system's most powerful officials. Nationwide protests followed failures by prosecutors last year to secure indictments against White police officers implicated in the deaths of Michael Brown and Eric Garner, two unarmed Black men, in Ferguson, Missouri, and Staten Island, New York. Those protests in turn prompted President Obama to remind the country of our legal system's "long history of discrimination." Considerable attention was also drawn to the decision in May of this year by the State's Attorney in Baltimore, Maryland to file charges against six police officers involved in the death of Freddie Gray, a 25-year-old Black man arrested for what the police alleged was an illegal knife, while Gray was in custody. Prosecutors determine who is criminally charged, what they are charged with, what sentence will be sought, and what concessions, if any, will be offered in exchange for a guilty plea. Particularly in cases that do not proceed to trial-which are the vast majority of all criminal cases-the prosecutor's decisions effectively determine the outcome. Prosecutors also set broad policies for the criminal justice system, deciding which laws will be enforced aggressively and which will not, helping to convince other law enforcement officials how to pursue their missions, and often setting the agenda for public debates about criminal justice. The District Attorneys in Ferguson and on Staten Island were White men; the State's Attorney in Baltimore was a Black woman. It is impossible to know what role those facts played in their charging decisions, but the race and gender of the lead prosecutors understandably received considerable attention. Because prosecutors hold so much power and exercise so much discretion, it is cause for concern if they do not reflect the diversity of the public. Thus, one of the many questions raised by the Michael Brown, Eric Garner, and Freddie Gray cases is: How representative are prosecutors of the communities that they serve?" In California, the answer is "not very." In 2014 Latinos surpassed Whites as the largest demographic group in California. Whites comprise slightly more than 38 percent of the population in California, but they are nearly 70 percent of California prosecutors. Latinos are almost 39 percent of the population but only nine percent of California prosecutors. The last time 70 percent of Californians were White was in 1977-the year that Jimmy Carter became President of the United States, Apple Computer was. Demographically speaking, California prosecutors are stuck in the '70s. Details: Stanford, CA: Stanford Criminal Justice Center, Stanford Law School, 2015. 52p. Source: Internet Resource: Accessed October 26, 2015 at: http://law.stanford.edu/wp-content/uploads/2015/08/Stuck-in-the-70s-Final-Report.pdf Year: 2015 Country: United States URL: http://law.stanford.edu/wp-content/uploads/2015/08/Stuck-in-the-70s-Final-Report.pdf Shelf Number: 137057 Keywords: DiscriminationMinority GroupsProsecutionProsecutorial DiscretionProsecutorsRacial Disparities |
Author: Inter-American Commission on Human Rights Title: Access to Information, Violence against Women, and the Administration of Justice in the Americas Summary: The report aims to provide an introduction to the challenges faced by women in the Americas in gaining adequate access to State-controlled information on violence and discrimination. It also seeks to systematize the international standards that have been developed in the inter-American system on this subject, and to identify good practices in the region with regard to the application of and compliance with those standards. The right of access to information is closely related to the exercise of other human rights, and in that sense, the failure to comply with the obligations of respecting and guaranteeing women's free access to information can be understood to lead to various violations of their rights to live free from violence and discrimination. The IACHR has observed that even in States with institutionalized mechanisms for gathering, processing, and producing information on violence against women, often that information is not adequately disseminated. Likewise, the IACHR has noted that there is a widespread lack of coordination in the region between the various systems that coexist in the States for gathering and producing information, for example records kept by free legal aid offices, data collected by observatories on violence or discrimination, and mechanisms for compiling judicial statistics. With regard to the main challenges in access to public information on discrimination and violence, the IACHR has reported on a number of occasions that there are deficiencies in the availability, quality, and completeness of public information on violence and discrimination against women. These include the failure to gather complete information in the various State bodies on all the different types of violence and discrimination, as well as the failure to produce comprehensive statistics based on that information and to disaggregate the statistical information by factors such as sex, race, ethnicity, age, social status, sexual orientation, gender identity, disability, and other criteria that would make it possible to appreciate the true incidence of violence and discrimination in specific groups of women. The importance of compiling data and producing statistics has been highlighted in the inter-American and the United Nations human rights systems as a fundamental mechanism for designing and evaluating public polices and prevention, assistance, and protection programs on violence and discrimination. Another priority challenge involves the effective implementation of international standards on access to information in the domestic sphere. In this regard, the IACHR has stated that although the vast majority of countries in the region have constitutional and/or legal regulations in place on this matter, concrete information about the practical implementation and effectiveness of those regulations is not available, which makes it difficult to evaluate the level of compliance with State obligations. Access to information in the realm of the administration of justice is an area of special interest for the IACHR. It presents a number of challenges in terms of guaranteeing access to information as a right that facilitates access to justice for women victims of violence and discrimination. In this context, the IACHR notes that the following are priority challenges: ensuring access by women and their family members to information on their pending violence or discrimination cases; the availability of appropriate and sufficient free legal aid services; and access to interpreters and information in other languages for women who do not speak the official State language, among other challenges. The IACHR underscores the importance of having public information on justice system operations, including data on the number of arrests, prosecutions, convictions, restraining orders, and judgments handed down; the amount of time it takes to decide cases; the gender makeup of the justice systems; the budgets allocated to judicial activities; and the internal accountability mechanisms. The Commission urges the Member States of the Organization of American States (OAS) to adopt measures to guarantee the availability of high-quality free legal aid services, the training of justice operators and other public employees who are involved with violence-related issues, and the implementation of action protocols for cases in which violence is imminent. The Commission also reiterates its willingness to work with the States in their efforts in this sphere of protection which is so essential for women to be able to fully exercise their rights. Details: Washington, DC: OAS, 2015. 82p. Source: Internet Resource: Accessed November 28, 2015 at: http://www.oas.org/en/iachr/reports/pdfs/Access-information.pdf Year: 2015 Country: South America URL: http://www.oas.org/en/iachr/reports/pdfs/Access-information.pdf Shelf Number: 137363 Keywords: DiscriminationDomestic ViolenceGender-Related ViolenceInformation SharingViolence Against WomenViolence Against Women, Prevention |
Author: Center for American Progress Title: Unjust: How the Broken Criminal Justice System Fails LGBT People Summary: LGBT People Unjust: How the Broken Criminal Justice System Fails LGBT People documents how pervasive stigma and discrimination, biased enforcement of laws, and discriminatory policing strategies mean that LGBT people are disproportionately likely to interact with law enforcement and to have their lives criminalized. LGBT people are also treated unfairly once they enter the system; the report shows how they over-represented in jails and prisons and face abuse while incarcerated. Finally, the report sheds light on the fact that LGBT people face unique and considerable challenges in the struggle to rebuild their lives after experiences with law enforcement - and particularly after time spent in a correctional facility. To illustrate the real impact of these failures in the criminal justice system, the report highlights personal stories of LGBT people impacted by the criminal justice system and spotlights innovative programs, initiatives, and organizations from around the country. Details: Washington, DC: Center for American Progress; Denver, CO: Movement Advancement Project, 2016. 194p. Source: Internet Resource: Accessed March 2, 2016 at: http://www.lgbtmap.org/file/lgbt-criminal-justice.pdf Year: 2016 Country: United States URL: http://www.lgbtmap.org/file/lgbt-criminal-justice.pdf Shelf Number: 138020 Keywords: Bias Motivated CrimeDiscriminationGays, Crimes AgainstLGBT People |
Author: Inter-American Commission on Human Rights Title: Situation of Human Rights in Guatemala: Siversity, Inequality and Exclusion Summary: The report "Situation of Human Rights in Guatemala: Diversity, Inequality and Exclusion," addresses structural challenges on public safety, access to justice and impunity, marginalization and discrimination that seriously affect the human rights of its inhabitants. The report particularly analyzes the system of administration of justice in Guatemala and the need for appropriate, efficient, independent and impartial, in order to respond to structural impunity for several past and present human rights violations. Also, the report especially addresses the situation of the indigenous peoples of Guatemala, whose rights to their ancestral lands and territories have been affected, and suffer exclusion, inequality and malnutrition as a result of racism and structural discrimination. The report analyzes the situation of human rights of human rights defenders, journalists, women, children and adolescents, persons with disabilities, lesbian, gay, transgender, bisexual and intersex persons and migrants. "We have noticed changes in Guatemala in favor of a society that is more respectful of human rights," said the IACHR Rapporteur for Guatemala, Commissioner Enrique Gil Botero. "These advances have been promoted and triggered by the efforts of public officials committed to justice, as well as human rights defenders and social leaders. Their work, which often endangers their life and integrity, has been and continues to be essential. " Among the improvements, the IACHR highlights the reduction in the homicide rate and the September 2015 Constitutional Court's decision, which for the first time ordered the implementation of a prior and informed consultation with the indigenous communities affected by an investment project. Furthermore, also regarding administration of justice, the Commission highlights the efforts of the International Commission against Impunity in Guatemala (CICIG) and the Public Ministry in their work dismantling criminal networks and fighting against corruption. The IACHR also appreciates the efforts taken by the State in order to create a program to protect journalists, prevent and combat human trafficking, as well as to register differentiated statistics on violence against women to feed the design of public policies, among others. The IACHR also applauds the decision taken by the government to extend the mandate of the CICIG in 2015, whose work has been crucial. Details: Washington, DC: IACHR, 2015. 221p. Source: Internet Resource: Accessed March 26, 2016 at: http://www.oas.org/en/iachr/reports/pdfs/Guatemala2016-en.pdf Year: 2015 Country: Guatemala URL: http://www.oas.org/en/iachr/reports/pdfs/Guatemala2016-en.pdf Shelf Number: 138418 Keywords: Crime RatesCriminal Justice SystemsDiscriminationHomicidesHuman Rights AbusesIndigenous PeoplesPublic SafetyViolenceViolent Crime |
Author: Advancement Project Title: Manufacturing Felonies: How Driving Became a Felony for People of Color in Georgia Summary: While immigration reform has languished in Congress, some states have adopted harsh, undemocratic, and discriminatory laws and policies that seemed designed to criminalize immigrants or push them out of the United States. This happened in Georgia. In 2007, state legislators began to debate various ways to restrict immigration and passed a bill creating a felony category for driving without a driver's license or on a suspended or revoked license. In order to better understand how the "felony driving law" has impacted communities in Georgia, the Georgia Latino Alliance for Human Rights (GLAHR) and Advancement Project submitted open records requests in three jurisdictions, Fayette County, Houston County and Roswell City. We found that the "felony driving law" in Georgia disproportionately impacts communities of color, particularly Latino and African-American drivers. It also carries heavy monetary penalties driving low-income families further into poverty. At a time when the nation is beginning a long overdue conversation on criminal justice reform, the "felony driving law" is a prime example of a state law that must be revisited and eliminated. An additional concern regarding the "felony driving law" is that it may end up serving as a dragnet by Immigration Customs Enforcement (ICE) to meet its quotas of undocumented immigrants in process of deportation. Local jails and police agencies cooperate with ICE to the detriment of the undocumented immigrant community. Georgia can and should regulate driving privileges for all of its residents, but creating a harsh criminal penalty is a bad public policy that disproportionately hurts communities of color across the state. Details: Washington, DC: Advancement Project, 2016. 16p. Source: Internet Resource: Accessed March 26, 2016 at: http://b.3cdn.net/advancement/a23a889905f33b63a2_lim6bsbhf.pdf Year: 2016 Country: United States URL: http://b.3cdn.net/advancement/a23a889905f33b63a2_lim6bsbhf.pdf Shelf Number: 138419 Keywords: DiscriminationHuman Rights AbusesImmigrantsImmigration Enforcement |
Author: Hallowell, Beth Title: Mixed Messages: How the Media Covers "Violent Extremism" and What You Can Do About It Summary: Every day, the U.S. news consumer is bombarded with images of spectacular extremist violence and increasingly aggressive and bellicose rhetoric from politicians and pundits. This coverage warrants a close look, as public discourse sinks to new lows in justifying violence against entire racial and religious groups. In this public conversation, the stakes are high; lives are on the line. How is the media helping or hurting our public discussion about political violence? What are they covering when they cover extremism? Ninety percent of the time they also mention Islam, even when it's not part of the events covered, and three-quarters of the time journalists report on violent responses to conflict. And they also amplify voices promoting and stories depicting military intervention far more than peace building or nonviolent resistance to violent extremism - solutions to conflict that research has shown are more effective. How can the U.S. public be expected to do anything but support further military intervention in the Middle East and other Muslim-majority countries, given this framework for covering violent extremism? In Mixed Messages, the American Friends Service Committee (AFSC) shares the results of its original content analysis of three months of media coverage of extremism sampled from 20 U.S. news outlets. We sampled articles from 15 national media outlets as well as five major "influencer" outlets that reach a high-level audience of policymakers and government staff. Details: Philadelphia: American Friends Service Committee, 2016. 32p. Source: Internet Resource: Accessed June 11, 2016 at: http://afsc.org/sites/afsc.civicactions.net/files/documents/Mixed%20Messages_WEB.pdf Year: 2016 Country: United States URL: http://afsc.org/sites/afsc.civicactions.net/files/documents/Mixed%20Messages_WEB.pdf Shelf Number: 139388 Keywords: DiscriminationExtremist GroupsMediaMuslimsRadical GroupsTerrorismTerroristsViolent Extremism |
Author: Walters, Mark A. Title: Causes and motivations of hate crime Summary: Report on hate crime in Great Britain, what causes it and what we know about who commits it. The report looks at the causes and motivations of hate crime based on the five protected characteristics covered by current hate crime law: disability gender reassignment race religion sexual orientation The report gives an overview of hate crime evidence to inform criminal justice agencies in their approach, with thoughts from the law, policy and social science. Details: London: Equality and Human Rights Commission, 2016. 61p. Source: Internet Resource: Research report 102: Accessed August 3, 2016 at: http://statewatch.org/news/2016/aug/uk-ehrc-hate-crime-report.pdf Year: 2016 Country: United Kingdom URL: http://statewatch.org/news/2016/aug/uk-ehrc-hate-crime-report.pdf Shelf Number: 139957 Keywords: Bias DiscriminationHate Crimes Prejudice |
Author: Emsellem, Maurice Title: Racial Profiling in Hiring: A Critique of New Summary: Two recent studies claim that "ban the box" policies enacted around the country detrimentally affect the employment of young men of color who do not have a conviction record. One of the authors has boldly argued that the policy should be abandoned outright because it "does more harm than good." It's the wrong conclusion. The nation cannot afford to turn back the clock on a decade of reform that has created significant job opportunities for people with records. These studies require exacting scrutiny to ensure that they are not irresponsibly seized upon at a critical time when the nation is being challenged to confront its painful legacy of structural discrimination and criminalization of people of color. Our review of the studies leads us to these top-line conclusions: (1) The core problem raised by the studies is not ban-the-box but entrenched racism in the hiring process, which manifests as racial profiling of African Americans as "criminals." (2) Ban-the-box is working, both by increasing employment opportunities for people with records and by changing employer attitudes toward hiring people with records. (3) When closely scrutinized, the new studies do not support the conclusion that ban-the-box policies are responsible for the depressed hiring of African Americans. (4) The studies highlight the need for a more robust policy response to both boost job opportunities for people with records and tackle race discrimination in the hiring process -not a repeal of ban-the-box laws. Details: New York: National Employment Law Project, 2016. 9p. Source: Internet Resource: Policy Brief: Accessed September 16, 2016 at: http://www.nelp.org/content/uploads/Policy-Brief-Racial-Profiling-in-Hiring-Critique-New-Ban-the-Box-Studies.pdf Year: 2016 Country: United States URL: http://www.nelp.org/content/uploads/Policy-Brief-Racial-Profiling-in-Hiring-Critique-New-Ban-the-Box-Studies.pdf Shelf Number: 140317 Keywords: Ban the BoxCriminal RecordsDiscriminationEx-offender EmploymentRacial Profiling |
Author: Staats, Cheryl Title: State of the Science: Implicit Bias Review 2016 Summary: The 2016 State of the Science: Implicit Bias Review is the fourth edition of this annual publication. By carefully following the latest scholarly literature and public discourse on implicit bias, this document provides a snapshot of the field, both in terms of its current status and evolution as well as in the context of its relevant antecedents. As in previous editions, this publication highlights the new 2015 academic literature through the lenses of five main domain areas: criminal justice, health and health care, employment, education, and housing. Accompanying these five content areas is a discussion of the latest research-based strategies for mitigating the influence of implicit biases, as well as a recognition of major contributions that expand beyond these domain-specific boundaries. Given that implicit bias has become such a "hot topic" that it has begun to appear in seemingly innumerable arenas, our team set some parameters to limit the scope of pieces included in this publication. These parameters include: 1) With few exceptions, included articles and chapters must have focused on implicit racial and/or ethnic bias. 2) While we sought to be exhaustive whenever possible, we focused our efforts on articles and chapters published through formal channels (e.g., academic journals or publishing houses). This parameter admittedly excludes some scholarship, including Honors and Masters Theses, independent studies, and dissertations, at least some of which we anticipate including in subsequent editions once they are formally published. 3) Finally, while we aim to capture as many 2015 articles as possible, those that were published late in the year may be instead addressed in the subsequent year's edition of the State of the Science: Implicit Bias Review. Details: Columbus, OH: Kirwin Institute for the Study of Race and Ethnicity, Ohio State University, 2016. 108p. Source: Internet Resource: Accessed September 17, 2016 at: http://kirwaninstitute.osu.edu/wp-content/uploads/2016/07/implicit-bias-2016.pdf Year: 2016 Country: United States URL: http://kirwaninstitute.osu.edu/wp-content/uploads/2016/07/implicit-bias-2016.pdf Shelf Number: 140321 Keywords: BiasDiscriminationRacial BiasRacial DiscriminationRacial Disparities |
Author: Rotman, Maia Title: 'Unsafe'' and on the Margins: Canada's Response to Mexico's Mistreatment of Sexual Minorities and People Living with HIV Summary: 'Unsafe' and on the Margins: Canada's Response to Mexico's Mistreatment of Sexual Minorities and People Living with HIV, (PDF) is a 54-page report based on IHRP field research in Mexico, including interviews with more than 50 Mexican healthcare providers, human rights activists, members of the lesbian, gay, bisexual, transgender and intersex (LGBTI) community, people living with HIV, journalists, and academics, all of whom testify to widespread discrimination and rights-violations in Mexico's healthcare delivery. The release of the report, funded by the Elton John AIDS Foundation, coincided with World Refugee Day on June 20, 2016 as well as Canada's first-ever pride month. 'Unsafe' and on the Margins: Canada's Response to Mexico's Mistreatment of Sexual Minorities and People Living with HIV,' The report says that Canada should remove Mexico from its refugee 'safe' list because of the country's serious human rights abuses. Failure to do so could place Canada in violation of its international legal obligations. Despite some progressive legislation, including universal healthcare and a federal commitment to non-discrimination, in practice, Mexico's most vulnerable communities continue to encounter significant obstacles to accessing these rights. As a result, the country remains unsafe for many, particularly people living with HIV or at heightened risk of infection, and especially sexual minorities and marginalized populations. Nevertheless, Mexico appears on Canada's designated country of origin (DCO) list, which entitles Mexican claimants to only half the time claimants from non-DCO countries get to prepare their claims, and creates the possibility of prejudgment among decision-makers, the report said. The report raises concerns that Canada is circumventing its international legal obligations by keeping Mexico on the 'safe' country list. As a signatory to the 1951 Refugee Convention and the 1967 Protocol, Canada has a duty to not discriminate against refugee claimants by reason of their race, religion or country of origin. According to the report, systemic discrimination and unlawful denial of healthcare to people living with HIV and populations at heightened risk of infection contravene Mexico's international legal obligations. Proper and timely HIV treatment can mean a healthy life-span for people living with HIV, but late diagnosis or lack of consistent treatment creates a high risk of life-threatening infection and higher likelihood of transmission. Furthermore, Mexico's failure to adequately fund HIV prevention or education programs has contributed to a culture of stigma and discrimination against people living with HIV. Health advocates told the IHRP about ignorance and misinformation about HIV within the medical community, breaches of confidentiality, denial of healthcare or segregation within healthcare centres, and other human rights abuses against people living with HIV. The report calls on Canada in its capacity as a champion of human rights, both domestically and internationally, and also as Mexico's third-largest trading partner. As expressed in the report's recommendations, Canada should urge Mexico to ensure that people living with HIV are able to access healthcare services free from obstruction or discrimination. The report also encourages Canada to offer assistance to Mexico to develop protocols for healthcare professionals to ensure equal and consistent access to healthcare, with particular emphasis on people living with HIV, in accordance with Mexico's international legal obligations. Details: Toronto: University of Toronto Faculty of Law, International Human Rights Program, 2016. 58p. Source: Internet Resource: Accessed September 28, 2016 at: http://ihrp.law.utoronto.ca/utfl_file/count/PUBLICATIONS/Report-UnsafeAndOnMargins2016.pdf Year: 2016 Country: Mexico URL: http://ihrp.law.utoronto.ca/utfl_file/count/PUBLICATIONS/Report-UnsafeAndOnMargins2016.pdf Shelf Number: 146136 Keywords: DiscriminationHIVHuman RightsLGBT PeoplesMinorities |
Author: Palmer, Neal A. Title: Educational Exclusion: Drop Out, Push Out, and the School-to-Prison Pipeline among LGBTQ Youth Summary: Over the past decade we have witnessed enormous growth in interest in the experiences of lesbian, gay, bisexual, transgender, and queer (LGBTQ) students in school. More and more attention has been paid to LGBTQ student safety, particularly regarding their disproportionate exposure to bullying and potential ways to make schools safer and more supportive. For the first time, the federal government has committed to asking about harassment and bullying based on sexual orientation via the Civil Rights Data Collection that all U.S. school districts are required to complete. In addition, the Department of Education has added LGBT-inclusive questions to other government surveys, such as the High School Longitudinal Survey , and more LGBTQ students than ever indicate that their schools have anti-bullying policies that specifically protect them based on their sexual orientation and gender identity/expression. Yet, despite these recent gains, schools still remain unsafe for many LGBTQ students and may also be unwelcoming to LGBTQ students because of discrimination and a lack of affirming resources. There also has been growing attention to harsh and exclusionary disciplinary policies that effectively push students, including LGBTQ students, out of schools. A great deal of research has documented the over-representation of certain groups of students in the school-to-prison pipeline (STPP). Specifically, Black/AfricanAmerican youth, Latino/a youth, and youth with disabilities experience disproportionately higher rates of school discipline and involvement with the criminal/juvenile justice system and lower high school graduation rates. Emerging research suggests that these harsh forms of discipline may be also applied disproportionately to LGBTQ youth, thus depriving this population of educational opportunities. This report expands on the current body of literature by examining potential pathways that push youth out of school and potentially into the criminal justice system in a national sample of LGBTQ middle and high school students. This report draws from data from GLSEN's 2013 National School Climate Survey, sharing both relevant, previously reported findings, and presenting new findings from analysis conducted specifically for this report. Details: New York: GLSEN, 2016. 80p. Source: Internet Resource: Accessed October 20, 2016 at: https://www.glsen.org/sites/default/files/Educational%20Exclusion_Report_6-28-16_v4_WEB_READY_PDF.pdf Year: 2016 Country: United States URL: https://www.glsen.org/sites/default/files/Educational%20Exclusion_Report_6-28-16_v4_WEB_READY_PDF.pdf Shelf Number: 145891 Keywords: DiscriminationLGBTQSchool BullyingSchool DisciplineSchool SecuritySchool-to-Prison Pipeline |
Author: Human Rights Watch Title: "Like Walking Through a Hailstorm": Discrimination against LGBT Youth in US Schools Summary: In 2001, Human Rights Watch published Hatred in the Hallways, a report that documented widespread bullying and harassment of LGBT students in the United States. Fifteen years later, research in Alabama, Pennsylvania, South Dakota, Texas, and Utah demonstrates that many LGBT youth across the country remain unsafe and unwelcome in their schools. Drawing from interviews with over 500 students, teachers, administrators, parents, and service providers, "Like Walking Through a Hailstorm" documents how bullying and harassment, exclusion from school curricula and resources, restrictions on LGBT student groups, and discrimination and bigotry jeopardize the rights and well-being of LGBT youth. It urges federal, state, and local officials to take meaningful steps to curb bullying and discrimination, recognize and affirm LGBT youth, and foster environments where all students are able to participate and learn. Details: New York: HRW, 2016. 115p. Source: Internet Resource: Accessed January 27, 2017 at: https://www.hrw.org/sites/default/files/report_pdf/uslgbt1216web_2.pdf Year: 2016 Country: United States URL: https://www.hrw.org/sites/default/files/report_pdf/uslgbt1216web_2.pdf Shelf Number: 144919 Keywords: BullyingDiscriminationHarassmentHate CrimesLGBTSchool Bullying |
Author: Human Rights Watch Title: "Not in it for Justice": How California's Pretrial Detention and Bail System Unfairly Punishes Poor People Summary: Every year in California, thousands of people arrested for a wide range of crimes spend time in jail because they cannot afford bail. From 2011-2015, California police made 1,451,441 felony arrests. Close to half-a-million of those people were jailed, but eventually determined to be not guilty of any crime. They were locked up at enormous taxpayer expense, missing work or school, and unable to care for children or elderly parents, simply because they could not afford bail. Every year, thousands plead guilty to charges they could have contested in order to be released sooner. Prosecutors request and judges often set high bail to keep people in jail and to encourage guilty pleas more quickly, as people in custody are much less able to contest their cases than those out of custody. Wealthy people can pay for their freedom and enjoy significant advantages defending themselves as a result; lower-income people often fall into debt to pay fees to bondsmen to regain their freedom and enjoy the same benefits. "Not in it for Justice" is based on 151 interviews with people detained pretrial and their family members, and with judges, attorneys, community organizers, and other California officials. The report includes new analysis of statewide data and data from 20 counties in California. Human Rights Watch calls on California state and local governments to change this unfair system to one that does not discriminate based on wealth or over-incarcerate. Human Rights Watch warns that risk assessment, an alternative to money bail using statistical predictions of risk, is likely to entrench racial biases and has potential to increase the number of people in pretrial custody and supervision. Human Rights Watch recommends adopting a system that avoids statistical profiles and that favors release while assessing the risk of pretrial danger through individualized, contextual hearings. Details: New York: HRW, 2017. 127p. Source: Internet Resource: Accessed April 14, 2017 at: https://www.hrw.org/sites/default/files/report_pdf/usbail0417_web_0.pdf Year: 2017 Country: United States URL: https://www.hrw.org/sites/default/files/report_pdf/usbail0417_web_0.pdf Shelf Number: 144908 Keywords: Bail DiscriminationPoverty Pretrial Detention Pretrial Release |
Author: Missionary Council for Indigenous Peoples Title: Violence against the Indigenous Peoples in Brazil: Data for 2015. Summary: The Report on Violence Against Indigenous Peoples in Brazil - Data for 2015, published by the Indigenist Missionary Council (CIMI), highlights the persistence of the public authorities' omission in relation to the rights of indigenous peoples, especially in relation to the right to land, which drastically impacts on their right to live in their traditional way, both recognized and guaranteed by the Brazilian Federal Constitution. It is with a feeling of the most profound indignation that the Indigenist Missionary Council (Conselho Indigenista Missionario - Cimi) presents this report on Violence against the Indigenous Peoples of Brazil with the data for the respective occurrences in 2015. Indignation because the same criminal practices are being repeated and intensified without any effective measures having been taken The situation of omission on the part of the authorities continues; they deny their respect for the Constitution and fail to comply with its provisions in regard to the demarcation, protection and surveillance of the lands; the reality of aggression against persons who struggle for their legitimate rights persists in the form of assassinations, beatings, threats to kill; the attacks against communities grow worse, especially those against the more fragile ones and those that live in camps; the invasion and devastation of the demarcated lands goes on. Details: Brasilia: The Council, 2015. 180p. Source: Internet Resource: Accessed April 28, 2017 at: http://www.cimi.org.br/pub/relatorio2015/Report-Violence-against-the-Indigenous-Peoples-in-Brazil_2015_Cimi.pdf Year: 2015 Country: Brazil URL: http://www.cimi.org.br/pub/relatorio2015/Report-Violence-against-the-Indigenous-Peoples-in-Brazil_2015_Cimi.pdf Shelf Number: 145190 Keywords: DiscriminationHomicidesIndigenous PeoplesLand RightsProperty RightsViolence |
Author: Machado, Marta Rodriguez de Assis Title: Punitive Anti-Racism Laws in Brazil: An Overview of the Enforcement of Law by Brazilian Courts Summary: This paper presents the main results of research on judicial decisions connected to the enforcement of punitive anti-racism laws in by Brazilian appeal courts. We analyzed 200 decisions from 1998 to 2010 which are available through the online databases of the appeal courts of nine Brazilian States: namely Acre, Bahia, Mato Grosso do Sul, Paraiba, Pernambuco, Rio de Janeiro, Rondonia, Rio Grande do Sul and Sao Paulo. The data presented allow us to diagnosis how the Brazilian judiciary deals with racism and racial discrimination and to understand the potential and limitations of existing legal instruments to confront the social problem of racism in Brazil. In the paper's introduction, we will carry out a brief review of Brazilian punitive anti-racism laws, address some literature on the subject and, then, shift our focus to the specific legal provisions that regulate such crimes. In Section 2, we will explain our methodological choices and advance conclusions regarding the interpretation of the data. In Section Three, we will present our main quantitative findings. In the conclusion, we will discuss the implications of these findings, while raising some important issues regarding the strategy of juridificating racism via criminal law. Ultimately, we will posit future developments of this research agenda Details: Unpublished paper, 2014. 36p. Source: Internet Resource: Accessed May 2, 2017 at: http://www.law.columbia.edu/sites/default/files/microsites/public-research-leadership/marta_macho_-_punitive_anti-racism_laws_in_brazil.pdf Year: 2014 Country: Brazil URL: http://www.law.columbia.edu/sites/default/files/microsites/public-research-leadership/marta_macho_-_punitive_anti-racism_laws_in_brazil.pdf Shelf Number: 145233 Keywords: Bias CrimesDiscriminationHate CrimesRacism |
Author: Zakaria, Rafia Title: Hate and Incriminate: The U.S. Election, Social Media, and American Muslims Summary: In the grim days following the mass shooting in Orlando, Florida, news commentator and retired Lieutenant Colonel Ralph Peters appeared on Fox News, saying: "Not all Muslims are terrorists, but virtually all terrorists are Muslim." Peters's statement represents the sort of venomous rhetoric that has emerged all too often this election. Republican presidential nominee Donald Trump has put an immigration ban on Muslims at the core of his nativist pitch to voters, alleging that American Muslims and mosques are knowingly harboring terrorists. While many Americans, including President Obama, have spoken out against Trump's characterization of American Muslims as terrorists, there has been little opposition to the premise that all terrorists are Muslims. The prevalence of Islamophobia has been coupled with a selective definition of terror under US law, contributing to the belief that all terrorists are Muslims and hence that all Muslims be viewed with suspicion, justifiably hated, excoriated, and even banned. At the same time, amplification by social media reinforces hostile political rhetoric, making legislative reform that protects Muslims as effectively as the rest of the population more difficult. This paper dissects the premise that terror is a particularly Muslim problem and analyzes the key role that social media is playing in this issue. The paper begins with a quantitative snapshot of both antiMuslim and anti-Islamophobic Google searches and statements made on social media. It then moves to a qualitative analysis of the low rates of reporting and prosecution of hate crimes against Muslims, paying particular attention to differing standards of proof required for these prosecutions. The second section looks at terror prosecutions of Muslims, noting how speech - and especially online speech - is treated very differently by courts when it involves Muslim American defendants and the mere possibility of terror connections. In paying particular attention to prosecutions under the Material Support for Terrorism Statute, we note how concerns raised in the prosecutorial context of hate crimes (such as requirements of intent and purposefulness) are summarily discarded when they arise in relation to terrorism cases. Details: New York: Tow Center for Digital Journalism Columbia Journalism School, 2016. 52p. Source: Internet Resource: Accessed May 12, 2017 at: http://cjrarchive.org/img/posts/US%20Election%2C%20Social%20Media%2C%20and%20American%20Muslims%20%28Zakaria%29.pdf Year: 2016 Country: United States URL: http://cjrarchive.org/img/posts/US%20Election%2C%20Social%20Media%2C%20and%20American%20Muslims%20%28Zakaria%29.pdf Shelf Number: 145455 Keywords: DiscriminationHate CrimesMediaMuslimsSocial MediaTerrorismTerrorists |
Author: Edgar, Kimmett Title: Tackling Discrimination in Prison: still not a fair response Summary: Only one in 100 prisoners who made an allegation of discrimination against prison staff had their case upheld by the prison. By contrast, three in four staff (76%) reports of alleged discrimination by a prisoner were upheld, an in-depth research report by the Zahid Mubarek Trust and the Prison Reform Trust reveals. The report finds that the system for handling discrimination complaints in prisons is neither fair nor impartial, does not have the confidence of prisoners, and is failing to provide prisons with the opportunity to learn and provide more equitable treatment. As prisons struggle to cope with increasing violence and fewer officers, equality has slipped down the priority list. The study is based on an analysis of 610 investigations from eight London prisons covering the year 2014. It was conducted with the permission of the prison service and is the first formal study of the discrimination incident reporting form (DIRF) process in prisons since its introduction more than five years ago. Other key findings include: The threshold of proof being used to test the evidence was often too high. That is, evidence that suggested that discrimination had occurred was too often dismissed. 72% of staff-submitted reports were upheld compared to only 8% of prisoners' discrimination reports. One in five complaints by staff were used to defend themselves from allegations of bias. These complaints led to negative consequences for some prisoners, including behaviour warnings, negative entries on the prisoners' personal record and formal disciplinary sanctions. The use of report forms for defensive purposes and the victimisation of a prisoner for alleging discrimination are against policy. In about a quarter of the reports, the explanation for dismissing the claim was weak, for example, merely: "no evidence of discrimination". A few investigations demonstrated good practice in that they were impartial, showed empathy, clearly explained the final decision, and used a problem-solving approach to resolve the grievance. The system was not equipped to tackle subtle forms of discrimination. Of the discrimination reports analysed in the study, prisoners submitted 70% and staff 30%. In total, 27% of discrimination complaints were fully upheld; 7% were partly upheld; and 39% were dismissed. In 27% of cases, the outcome was inconclusive. The majority of complaints were about race (62%). Religion (15%) and disability (10%) were other protected characteristics reflected in the complaints. Discrimination on grounds of age, gender, and sexual orientation arose far less frequently. Verbal abuse was the most common reason for alleging discrimination. Other situations included alleged job discrimination; lack of respect for one's culture; being denied access to the regime; and routine favouritism. Many people in prison have characteristics which are protected under the Equality Act 2010. For instance, one quarter (26%) of the prison population is from a minority ethnic group. This compares to 14% of the general population. 36% of prisoners are estimated to have a physical or mental disability compared to19% of the general population. Despite legal protection, many minority groups in prison experience more negative outcomes compared with other groups. For instance, black people in prison are more likely to experience segregation, be in the high secure estate, be on the basic regime, and have force used against them. Prisoners with disabilities are more likely to face disciplinary charges, have proven adjudications, be on the basic regime, experience segregation, have force used against them, and be denied release on temporary licence. The Equality Act 2010 requires the criminal justice system to eradicate discrimination, provide equal opportunities, and promote harmonious relations between groups. Six years on, this research shows that prisons are failing to meet their public sector equality duties. The Prime Minister Theresa May has vowed to tackle discrimination in the justice system and an independent review on the treatment of black and minority ethnic people in the criminal justice system, chaired by David Lammy MP, is due to report in the summer. The report recommends that the prison service should strengthen the distinct process for investigating claims of discrimination. Investigations should make greater use of problem-solving, mediation, and outside expertise to address the problems that gave rise to the complaints. In addition, a prison equality advisory group should be established to advise on policy. It also recommends the introduction of a discrimination toolkit for prisons, better access to the complaints system for people with learning disabilities, an end to the use of defensive complaints, better training for staff and more rigorous oversight of the complaints process by governors and senior managers. Details: London; Prison Reform Trust; Zahid Mubarek Trust , 2017. 64p. Source: Internet Resource: Accessed May 15, 2017 qt: http://www.prisonreformtrust.org.uk/Portals/0/Documents/Tackling%20discrimination.pdf Year: 2017 Country: United Kingdom URL: http://www.prisonreformtrust.org.uk/Portals/0/Documents/Tackling%20discrimination.pdf Shelf Number: 145476 Keywords: Discrimination DiscriminationPrisoner Complaints Prisoner Discrimination Prisoners Prisons |
Author: Human Rights Campaign Foundation Title: A Matter of Life and Death: Fatal Violence against Transgender People in America 2016 Summary: At a time when visibility for transgender people is on the rise, all too often in small towns and big cities members of our community continue to face discrimination, harassment, and even violence simply because of who they are. Despite the enormous progress we've made, the undercurrents of transphobia, homophobia, sexism and racism are impeding this important progress. As a result, hate violence against transgender people, particularly against transgender women of color, remains disturbingly common. We saw this hate manifest on June 12, when 49 LGBTQ people and allies were senselessly murdered at the Pulse Nightclub in Orlando, Florida. And we've seen this same hate manifested in the horrific murders of at least 21 transgender people this year alone. These victims, already marginalized by society, rarely get national media attention. Reports of fatal violence against transgender people are routinely silenced, made invisible, underreported and undercounted. This violence is driven by an atmosphere of animus, fear and ignorance, often targeting transgender people in particular. Earlier this year, North Carolina lawmakers passed legislation known as H.B. 2, which attacked transgender residents and visitors, making it difficult and dangerous for transgender people to use public facilities. This draconian law has fostered anti-transgender aggression not only throughout North Carolina, but in other states as well. In Texas, for example, anti-equality lawmakers are threatening to pass similar legislation. And plans for other discriminatory efforts are underway in states and municipalities across the country. In addition, the extreme and divisive rhetoric of the recent presidential campaign stoked fear and bigotry- compounding a pattern where transgender women of color are singled out for discrimination. Details: New York: Human Rights Campaign, 2016. 36p. Source: Internet Resource: Accessed May 17, 2017 at: http://hrc-assets.s3-website-us-east-1.amazonaws.com//files/assets/resources/A-Matter-of-Life-and-Death-2016.pdf Year: 2016 Country: United States URL: http://hrc-assets.s3-website-us-east-1.amazonaws.com//files/assets/resources/A-Matter-of-Life-and-Death-2016.pdf Shelf Number: 145555 Keywords: Bias-Motivated Crimes Crime Statistics DiscriminationHate Crimes Homicides Transgender Peoples |
Author: Carrera, Sergio Title: Combating Institutional Anti-Gypsyism: Responses and promising practices in the EU and selected Member States Summary: he notion of 'anti-Gypsyism' aims to refocus public policies addressing Roma discrimination in order to place responsibility for combating structural, historically-embedded and systemic forms of racism, discrimination and exclusion towards Roma squarely on state institutions and actors. This report examines the ways in which policies and funding combat 'anti-Gypsyism' in the European Union and selected Member States and assesses the added value of the 'anti-Gypsyism' concept, with particular reference to its institutional forms. It explores ways in which these institutional forms could be combated by identifying some "promising practices or experiences' found in five selected EU Member States (Germany, Romania, Spain, Sweden and the UK). These 'promising practices' include reactive and proactive measures organised around four main themes: i) national, regional and local institutional responses; ii) training and education activities; iii) access to justice and effective remedies; and iv) media, public attitudes and political discourse. The report further draws conclusions and provides a set of policy recommendations for EU and national policy-makers to effectively combat anti-Gypsyism. The authors highlight that discussions on anti-Gypsyism should focus not only on its definition, but on the actual outputs of current national and EU policies and a more robust application of EU rule of law and fundamental rights monitoring and reporting mechanisms. A key proposal put forward is to expand the scope of the EU Framework for National Roma Integration Strategies to become the EU Framework for National Roma Inclusion and Combating Anti-Gypsyism and to equip it with the necessary authority and means to tackle systematic and institutional manifestations of anti-Gypsyism. Details: Brussels: Centre for European Policy Studies, 2017. 101p. Source: Internet Resource: Accessed June 22, 2017 at: https://www.ceps.eu/publications/combating-institutional-anti-gypsyism-responses-and-promising-practices-eu-and-selected Year: 2017 Country: Europe URL: https://www.ceps.eu/publications/combating-institutional-anti-gypsyism-responses-and-promising-practices-eu-and-selected Shelf Number: 146338 Keywords: BiasDiscriminationGypsiesRacismRoma |
Author: Campaign Against Antisemitism Title: National Antisemitic Crime Audit: 2016 in Review Summary: The 2016 National Antisemitic Crime Audit registered a total of 1,078 anti-Semitic crimes, including 105 that were violent - about one in 10. Only one of the violent crimes was prosecuted, according to the audit. In total, only 15 cases were prosecuted, leading to the conviction of 17 suspects, according to the Campaign Against Antisemitism. In 2015, 12 anti-Semitic crimes were prosecuted, of which three involved violence, leading to 17 convictions. In 2016, 89 anti-Semitic crimes, or 8.3 percent, resulted in charges being brought. In nearly half the cases of anti-Semitic crimes, police did not find enough evidence to support charges, according to the Campaign Against Antisemitism, or CAA. The previous year, there were 938 anti-Semitic crimes, according to CAA. In its recommendations, the CAA called for specific training and guidance on anti-Semitic hate crimes for officers and prosecutors, instructing Her Majesty's Inspectorate of Constabulary to review all the police forces' responses to anti-Semitic crime, appoint a senior officer fromeach force to oversee the response to anti-Semitic hate crime, and require the Crown Prosecution Service to record and regularly publish details of cases involving anti-Semitism and their outcomes, as police forces are already required to do. Anti-Semitic crime has already been a factor in the initial months of 2017, with incidents including the firebombing of kosher restaurants in Manchester, a man stopped by police after chasing Jews in London brandishing a meat cleaver and machete, and police closing down London streets to make way for a major pro-Hezbollah march. The CAA only began keeping statistics in 2014, though other outlets such as the Community Security Trust have been releasing figures for much longer. In February, the CST reported a record 1,309 incidents in 2016, constituting a 36 percent increase over the 2015 tally. Details: London: The Campaign, 2017. 730, Source: Internet Resource: Accessed August 5, 2017 at: https://antisemitism.uk/crime/#latest-edition Year: 2017 Country: United Kingdom URL: https://antisemitism.uk/crime/#latest-edition Shelf Number: 146741 Keywords: Bias-Related CrimesDiscriminationHate Crimes |
Author: Chakraborti, Neil Title: Public authority commitment and action to eliminate targeted harassment and violence Summary: 'How Fair is Britain?', the Equality and Human Rights Commission's (the Commission's) first Triennial Review of inequality in 2010, identified targeted harassment as one of the most important challenges to human rights, equality and good relations facing Britain today. The Commission uses the term 'targeted harassment and violence' (hereafter referred to as targeted harassment) to describe any unwanted conduct, violence, harassment, or abuse targeted at a person because of their age, disability, gender, race, religion or belief, sexual orientation, transgender status or a combination of these characteristics. The reality faced by many people across Britain is one of being targeted on a daily basis because of who they are. The Commission initiated this project in January 2010, to examine public authority action to eliminate targeted harassment. At that time, the evidence base on public authorities' responses to targeted harassment was unsystematic and underdeveloped. When the research was conducted, public authorities were expected to prevent harassment as a result of different forms of disability, gender and race equality legislation. The Equality Act 2010 introduced a new Public Sector Equality Duty from April 2011. It applies in England, Scotland and Wales. This duty covers age, disability, gender, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief and sexual orientation and will ensure that public authorities have due regard to the need to: - eliminate unlawful discrimination, harassment, victimisation and any other conduct that is prohibited by or under this Act; - advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and - foster good relations between persons who share a relevant protected characteristic and persons who do not share it. The public authorities included in the research were those in the criminal justice system, including the Police, Probation, Crown Prosecution Services/Crown Office Prosecutor Fiscal Service, and additionally, Local Authorities, Registered Social Landlords (RSLs) and Passenger Transport Executives. Details: Manchester, UK: Equality and Human Rights Commission, 2011. 171p. Source: Internet Resource: Research report 74: Accessed September 28, 2017 at: https://www.equalityhumanrights.com/sites/default/files/rr74_targeted_harassment.pdf Year: 2011 Country: United Kingdom URL: https://www.equalityhumanrights.com/sites/default/files/rr74_targeted_harassment.pdf Shelf Number: 131583 Keywords: Bias-Motivated CrimeDiscriminationHarassmentHate CrimesInequality |
Author: European Union Agency for Fundamental Rights (FRA) Title: Second European Union Minorities and Discrimination Survey (EU-MIDIS II) Roma - Selected findings Summary: Highlighting persisting barriers to employment, education, housing and health services, this report also reveals that four out of 10 Roma surveyed felt discriminated against at least once in the past five years - yet only a fraction pursued the incident. While sobering, this report presents vital information that can serve as a unique resource for policymakers committed to ensuring that Roma are treated equally with respect to their fundamental rights. The report is based on a survey that collected information on almost 34,000 persons living in Roma households in nine European Union (EU) Member States, derived from nearly 8,000 face-to-face interviews with Roma. It presents a selection of results from FRA's Second European Union Minorities and Discrimination Survey (EU-MIDIS II), which surveyed around 26,000 people with immigrant or ethnic minority background living in the EU. The European Union Minorities and Discrimination Survey is a major part of the agency's commitment to collecting and publishing data on groups not covered in general population surveys. It is the third survey of the agency to focus on Roma. Details: Luxembourg: Publications Office of the European Union, 2016. 52p. Source: Internet Resource: Accessed October 5, 2017 at: http://fra.europa.eu/en/publication/2016/eumidis-ii-roma-selected-findings Year: 2016 Country: Europe URL: http://fra.europa.eu/en/publication/2016/eumidis-ii-roma-selected-findings Shelf Number: 147560 Keywords: Discrimination Ethnic MinoritiesHarassment Hate CrimesRoma |
Author: Beetar, Matthew David Title: Transcontinental Lives: Intersections of Homophobia and Xenophobia in South Africa Summary: This thesis focuses on prejudice located at the intersections of sexuality and nationality. Drawing on mixed qualitative research sessions involving men who are 'LGBTI migrants' from African countries, and who are living in South Africa, the thesis offers three overarching points of focus. Firstly, it contextualises and critiques historical state structures and attitudes which shape understandings of identity in South Africa. Secondly, it analyses everyday experiences of xenophobia and homophobia, as experienced by 'LGBTI' people who have migrated to the country for a variety of reasons. Finally, it locates these experiences within the structures identified and, based on participant-led discussions, offers a framework for understanding and suggestions for meaningful intervention. Using an overarching critical perspective of intersectionality and queer necropolitics I argue that contemporary South Africa fosters an image of inclusivity and exceptionalism that is vastly at odds with reality. In everyday spaces 'LGBTI migrants' are often forced to 'switch' between being either African or LGBTI. However, I argue that through journey-derived questioning of both Africanness and Queerness these processes of switching foreground hope and action. These are rooted in values of solidarity and community which extend, for fleeting moments, beyond labels and beyond geographic boundaries. Through a reconciled merging of these seemingly opposed subjectivities I argue that insight is offered into life beyond, yet within, national structures. In this way the participants exhibit an 'African Queerness/Queer Africanness' which shifts them beyond necropolitical death and towards transcontinental life. I ultimately argue that this may be harnessed as a tool to intellectually, and practically, render Africa as a site of (African) queer potentiality. I suggest that LGBTI migrants, through their embodiment of a specific transcontinental future, are pioneers in revealing this potentiality. Details: Brighton, UK: University of Sussex, 2017. 2332p. Source: Internet Resource: Dissertation: Accessed October 17, 2017 at: http://sro.sussex.ac.uk/70453/ Year: 2017 Country: South Africa URL: http://sro.sussex.ac.uk/70453/ Shelf Number: 147690 Keywords: Bias Crimes Bias-Motivated Crime Discrimination Hate Crime Homophobia LGBTI Persons Migrants Prejudice Xenophobia |
Author: Paterson, Jenny Title: The Sussex Hate Crime Project: Final Report Summary: This report summarises the findings from a five year research project, the Sussex Hate Crime Project, funded by the Leverhulme Trust. The aim was to examine the indirect impacts of hate crimes how hate attacks on members of a community affect the thoughts, emotions and behaviours of other members of that community. The project focused on hate crimes targeted against LGB&T and Muslim communities and used a variety of different research methods, including questionnaire surveys, individual interviews and social psychological experiments. Key findings were: - Respondents were likely to have been victimised in a hate crime/incident in the past 3 years o 72% of LGB&T respondents and 71% of Muslim respondents had been victims - Respondents were likely to know someone else who had been victimised in a hate crime/incident in the past 3 years o 87% of LGB&T respondents and 83% of Muslim respondents knew another victim - Experiences of hate crime via the media and online were also extremely common o 83% of LGB&T respondents and 86% of Muslim respondents had been directly targeted online o 86% of LGB&T respondents and 88% of Muslim respondents knew someone who had been targeted online o 90% of LGB&T respondents had seen at least one hate crime reported in the media in the past 3 years - Hate crimes, whether experienced directly, indirectly, through the media, in person or online were consistently linked to: o Increased feelings of vulnerability, anxiety, anger, and sometimes shame o Being more security conscious, avoidant, and more active within the community - Hate crime victims received more empathy than non-hate crime victims and sometimes were blamed more than non-hate crime victims - The indirect effects of hate crimes can be described as a process: 1. Hate crimes increase feelings of vulnerability and empathy 2. Feelings of vulnerability and empathy then increase emotional reactions (anger, anxiety, shame) 3. These emotional reactions motivate specific behavioural responses: - Anger leads to pro-active behaviours and less avoidance - Anxiety leads to avoidance and security concerns - Shame, although not always felt strongly, is linked to avoidance, pro-active behaviours, security concerns, and uniquely to retaliation - Perceptions of the criminal justice system were generally negative - especially when people had indirect experiences of hate crimes - Around a quarter of respondents had contacted the police about a hate crime while less than 10% had experience with the Crown Prosecution Service (CPS) about a hate crime o Contact with the police was associated with more negative perceptions for Muslim respondents o Contact with the CPS did not significantly affect perceptions about this institution - Respondents were unlikely to report verbal or online abuse but were very likely to report acts of vandalism and assault to the police o Younger participants and those less identified with their community were less likely to report hate crimes to the police o Some participants would not report hate crimes because they felt that it would not help and that they may experience secondary victimisation by the police - 61% of LGB&T and Muslim participants preferred restorative justice (RJ) as a criminal justice response to hate crimes than an enhanced prison sentence o LGB&T participants perceived RJ to be more beneficial to the victim and the offender and were more satisfied with RJ compared to an enhanced sentence - The more identified people were with their community, the angrier they felt about hate crimes and the more they wanted to get involved in combating the harms of hate - Interviews revealed that LGB&T and Muslim people felt connected to their communities at three levels: locally, nationally and globally- Interview participants felt greater levels of anger and anxiety about hate crimes committed in their local neighbourhood - Some interview participants felt connected to other LGB&T and Muslim people globally through a sense of "shared suffering" - Interview participants felt angry about hate crimes against other groups but felt less vulnerable and anxious about these compared with hate crimes against their own community In sum, hate crimes spread fear and anger throughout communities that impact upon people's actions and their perceptions of the criminal justice system. Individuals themselves do not have to be targeted to be impacted: simply knowing someone who has been victimised is sufficient to cause these effects. Hate crimes, then, have the potential to cause injury and distress both at the individual and community level. Details: Brighton, UK: University of Sussex, 2018. 53p. Source: Internet Resource: Accessed February 2, 2018: https://www.sussex.ac.uk/webteam/gateway/file.php?name=sussex-hate-crime-project-report.pdf&site=430 Year: 2018 Country: United Kingdom URL: https://www.sussex.ac.uk/webteam/gateway/file.php?name=sussex-hate-crime-project-report.pdf&site=430 Shelf Number: 148987 Keywords: Bias-Motivated CrimeDiscriminationHate Crimes |
Author: Muslim Hands United for the Needy Title: (In)visibility: Female, Muslim, Imprisoned Summary: The voices of female Muslim prisoners are unheard in policy, communities and research. The purpose of this research is to bring those voices to the forefront and address the often-overlooked intersectionality of gender, ethnicity and faith. This report uses empirical data from interviews and focus groups with female Muslims in prison to identify distinct needs and experiences as well as similarities to the general female prison population. Recommendations have been made to the Ministry of Justice and Her Majesty's Prison and Probation Service to better understand intersecting inequalities and the impact they could be having on someone's resettlement, as well as recommendations to communities, to work towards ending stigma, increasing support and challenging negative stereotypes for female Muslims in prison. Details: Nottingham, UK: Muslim Hands, 2018. 40p. Source: Internet Resource: Accessed February 26, 2018 at: https://muslimhands.org.uk/_ui/uploads/lk2ki4/(In)Visibility_Web.pdf Year: 2018 Country: United Kingdom URL: https://muslimhands.org.uk/_ui/uploads/lk2ki4/(In)Visibility_Web.pdf Shelf Number: 149234 Keywords: DiscriminationFemale InmatesFemale PrisonersMuslim PrisonersMuslims |
Author: Human Rights Watch Title: "Caught in a Web": Treatment of Pakistanis in the Saudi Criminal Justice System Summary: Despite over a decade of reforms, the Saudi criminal justice system continues to trample over the rights of Saudi and non-Saudi defendants to due process and fair trials. The glaring defects in the criminal justice system are especially acute for the twelve million foreigners living in Saudi Arabia, over one-third of the country's total population, who face substantial challenges obtaining legal assistance and navigating Saudi court procedures. About 1.6 million Pakistanis, most of them foreign migrant workers, make up the second-largest migrant community in Saudi Arabia. "Caught in a Web" is based on interviews with Pakistani citizens detained and put on trial in Saudi Arabia in recent years, as well as family members of other Pakistani defendants. Pakistani detainees, former detainees, and their family members detailed the Saudi criminal justice system and Saudi courts' rampant due process violations, including long periods of detention without charge or trial, no access to legal assistance, pressure on detainees from the authorities to sign confessions and accept predetermined prison sentences to avoid prolonged arbitrary detention, and ineffective translation services for defendants. Some defendants reported ill-treatment and poor prison conditions. Due process violations were most consequential for defendants involved in serious cases such as drug smuggling and murder, which often carry the death penalty. Saudi Arabia executes more Pakistanis than any other foreign nationality annually, mostly for heroin smuggling. The report calls on the Saudi government to improve its legislation and practices to create real protections against arbitrary arrest, due process, and fair trial violations, and it calls on the Pakistani government to ensure that Pakistani detainees in Saudi Arabia have access to consular services and legal representation. Details: New York: HRW, 2018. 35p. Source: Internet Resource: Accessed March 16, 2018 at: https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0318_web.pdf Year: 2018 Country: Saudi Arabia URL: https://www.hrw.org/sites/default/files/report_pdf/saudiarabia0318_web.pdf Shelf Number: 149486 Keywords: CourtsCriminal Justice SystemsDefendantsDiscriminationHuman Rights Abuses |
Author: Levi, Eugenio Title: Hate at First Sight? Dynamic Aspects of the Electoral Impact of Migrations: The Case of the UK and Brexit Summary: Recent studies provide evidence that immigration has a significant positive effect on the vote for parties with anti-immigration agendas. However, this result does not emerge if we apply the same empirical analysis to the UK, whether in the case of Brexit, or if we consider support for Ukip or the political intentions expressed in the BES survey. To account for this and other fragmented evidence in the literature on personal attitudes towards immigration, we formulate the hypothesis that the increase in anti-immigration views resulting from an increased number of immigrants in a neighbourhood is a temporary effect. Different underlying mechanisms may be at the root of such negative short-run effects, such as material concerns about the adjustment cost of new migration flows, or prejudicial attitudes, both denoting a hate at first sight effect. We build an econometric strategy to test for the existence of such a short-run effect in the case of Brexit and then assess the robustness of our result using a panel of the vote for Ukip and individual data from the BES survey. The evidence robustly supports our hypothesis and provides a basis for further analysis. Details: Sussex, UK: University of Sussex, 2017. 39p. Source: Internet Resource: Working Paper Series SWPS 2017-21: Accessed March 26, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3056331 Year: 2017 Country: United Kingdom URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3056331 Shelf Number: 149571 Keywords: Brexit DiscriminationHate Crimes Immigration Prejudice Racial Bias |
Author: Walters, Mark A. Title: Hate Crime and the Legal Process: Options for Law Reform Summary: BACKGROUND The aim of this study was to assess the application of criminal laws and sentencing provisions for hate crime in England and Wales (Crime and Disorder Act 1998 (CDA), ss. 28- 32, and the Criminal Justice Act 2003 (CJA), ss. 145 and 146) in order to capture best practices and identify barriers to the implementation of these rules. The study was carried out over a 24-month period and used a multitude of sources, both secondary and primary, to answer a number of key questions that were first set out by the Law Commission's 2014 report on hate crime law reform, as well as other questions set out as part of an EU crossjurisdictional project. The report is funded by the EU Directorate-General Justice and Consumers department and forms part of a wider European study into the use of hate crime laws across five EU member states (England and Wales; Ireland; Sweden; Latvia; and the Czech Republic). METHODOLOGY A mixed-methods approach was employed for the project which enabled us to compare and contrast the stated aims and purposes of policies and legislation with the experiences of those tasked with enforcing and applying the law. This approach included: (a) an assessment of existing policies and publically available statistics; (b) a review of over 100 reported cases; and (c) 71 in-depth, qualitative semi-structured interviews with "hate crime coordinators" and "hate crime leads" at the Crown Prosecution Service (CPS), District (Magistrates' Court) and Circuit (Crown Court) Judges, independent barristers, victims and staff at charitable organisations that support victims of hate crime, police officers, and local authority minority group liaison staff. Part A: Law, policy and statistics: Understanding the "life cycle" of a hate crime HATE CRIME STATISTICS Using publically available statistics on hate crime, we calculate an approximate number of offences that are likely to "drop out" of the criminal justice system. The total number of cases that drop out of the system represent what is known as the "justice gap" for hate crime. Analysis of the Crime Survey for England and Wales (CSEW) suggests that approximately 110,160 hate crimes are reported to police each year. The most recent police statistics recorded 62,518 hate crimes between 2015/16. This suggests that only 57% of those incidents reported to the police are recorded as hate crimes. During the same year, the CPS prosecuted 15,442 hate-based offences, of which 12,846 resulted in a conviction. The CPS recorded the announcement of sentencing uplifts in court as 33.8% of total hate crime convictions, which equates to 4,342 cases. If these data are accurate, it means that out of an approximate 110,160 reported hate crimes, only 4,342 offences (4%) resulted in a sentence uplift based on identity-based hostility. In other words, approximately 96% of reported hate Part B: Analysis and research findings PREPARING CASES FOR PROSECUTION: COLLATING EVIDENCE TO PROVE HOSTILITY - The most cogent form of evidence to prove the hostility element of a hate crime is witness testimony of verbalised prejudice, expressed during the commission of an offence. - Additional ways in which hate crimes can be proved in court include the use of audio and video recording of the incident. However, interviewees emphasised that, without a sound recording of verbal slurs, proving a demonstration of hostility beyond reasonable doubt via video footage is extraordinarily difficult. This was most apparent in relation to disability hate crime cases. - The defendant's prior record and bad character can be important factors in proving that a defendant was motivated by hostility. However, accessing this information is problematic, as the hostility element will not be noted on a perpetrator's record where a prior offence was aggravated by sexual orientation, disability or transgender identity hostility (under CJA provisions). - Other forms of evidence that can be sufficient to prove the hostility element of a hate crime include leaflets, letters and other written documentation which indicate an affiliation with right-wing hate groups. Social media comments, subscription to websites with links to racist organisations, and text messages displaying hate-based content are also useful forms of evidence in hate crime cases. GATHERING EVIDENCE: FAILURE TO IDENTIFY AND INVESTIGATE HOSTILITY EARLY ENOUGH - There was evidence to suggest that the CPS has made recent improvements to the identification of disability hate crimes. However, there remains a significant proportion of incidents that are not flagged correctly by the police. Interviewees noted that even where there is evidence of a disablist slur having been expressed during the commission of an offence (the most common type of evidence for all types of hate crime), the disability hate crime flag is still frequently not applied. - Conversely, in some cases, the "flags" that are added to case files can become a barrier to looking beyond the wider facts of the case. This may mean that other facts or types of prejudice are lost during the investigation. - There was a perception amongst some CPS interviewees that the police need to be more "proactive" in identifying the relevant pieces of evidence that will make for a compelling case, especially in complex cases that do not involve verbalised prejudice. However, even with more carefully crafted evidence files, prosecutors frequently fail to secure uplifts at sentence for disability hate crime, meaning that the effective enforcement of hate crime legislation for victims of disability hate crime remains in doubt. - CPS prosecutors pointed to issues with some police officers not being aware of hate crime sentencing provisions, which led to investigators not collating the necessary evidence of hostility towards the complainant's sexual orientation, transgender identity or disability. GATHERING EVIDENCE: THE IMPORTANCE OF GOOD RELATIONSHIPS BETWEEN POLICE AND THE CPS - Gathering evidence and presenting it successfully in court depends on a good relationship between the police and the CPS. Breakdowns in this relationship can result in cases "dropping out" of the system. - Communication problems can occur if charging advice is not sought by the police early on. In some cases, this makes it difficult to gather the necessary evidence for the hostility element later in the process. Although all interviewees were aware that the CPS needed to be contacted for charging advice, CPS prosecutors noted that this did not always happen. - Open lines of communication are key to ensuring that charging advice is sought and that discussions regarding the quality of evidence are had early on in a case's "life cycle". Police officers indicated that more immediate contact with the CPS is necessary, especially because hate crime legislation can be confusing and the police may need advice before interviewing suspects. - Communication between the CPS and the police is sometimes strained due to difference in preferred styles of communication - with the CPS frequently preferring e-communication (and reviewing of files), whereas police officers often preferred interpersonal discussions about a case. - Independent barristers for the prosecution noted that advice is often not sought from them early in the process, and a breakdown of communication between barristers and police via the CPS can lead to evidence not being collated or presented in court. RECOMMENDATION We recommend that investigators use (a non-exhaustive) checklist during the investigation and charging stages of the criminal process (the items on the checklist can be found at 6.1 in the main report). We recommend that the CPS provide police (and independent barristers employed for the prosecution) with a direct and open line to CPS area hate crime leads. Independent barristers for the prosecution should also be included in the case review process where possible. Details: Brighton, UK: University of Sussex, Crime Research Centre, 2017. 214p. Source: Internet Resource: Accessed May 2, 2018 at: https://www.sussex.ac.uk/webteam/gateway/file.php?name=final-report---hate-crime-and-the-legal-process.pdf&site=539 Year: 2017 Country: United Kingdom URL: https://www.sussex.ac.uk/webteam/gateway/file.php?name=final-report---hate-crime-and-the-legal-process.pdf&site=539 Shelf Number: 149973 Keywords: Bias-Motivated Crime Crime Statistics Criminal Law ReformDiscrimination Hate Crimes Prejudice |
Author: Walach, Vaclav Title: Lifecycle of a Hate Crime. Country Report for the Czech Republic Summary: The objective of this research was to determine how hate crimes are investigated and punished in the Czech Republic (CR). This was achieved by analysing the experiences of individual actors in the criminal proceedings for this type of crime. Our corpus of data included the following categories of informants: offenders, victims, defense attorneys, public prosecutors, and judges. Additional sources of data consisted primarily of secondary literature (legislation, by-laws, concept documents, legal analyses, etc.). The project focus suggested a specific approach to the data construction. It is relatively difficult to gain access to the population for each of the categories in the hate crime research corpus. Informants within the justice system (public prosecutors and judges) are small in number and, additionally, are restricted by regulations imposed by superior bodies. In practice, this meant that potential informants could not be contacted directly, but only by submitting a formal request to individual courts and public prosecutors' offices. Access to these people was further complicated by the fact that, in the CR, hate crimes constitute a relatively narrow slice of criminal activity, and particular informants who deal with this activity are difficult to identify in advance (see below). To target these individuals, then, we relied upon help from the institutions representing individual categories of informants. Attorneys who had represented hate crime offenders or their victims in the past were also difficult to gain access to. Because no records are kept of these individuals, we were forced to identify potential informants in advance using our prior experience, or by analyzing court judgments or media content. This already reduced sample size shrank further with the frequent refusal of those contacted to take part in the research for a number of reasons. It was similarly difficult to gain access to offenders and victims of hate crime. Data protection laws, which mandate that personal data concerning offenders and victims be anonymized in judicial records provided to the public, have rendered the population in these two categories invisible. It was therefore necessary to approach these individuals via the prisons and probation institutions responsible for monitoring the offenders, along with organizations focused on helping hate crime victims. Identifying and Contacting Informants Informants were identified and contacted in two phases During the first phase, we contacted the lead organizations for the justice system, legal representation, and the prisons-the Czech Judicial Union (CJU), the Supreme Public Prosecutor's Office (SPPO), the Judicial Academy (JA), the Czech Bar Association (CBA) and the General Directorate of the Prison Service (GDPS). We anticipated that they would provide access to experts in the justice system, legal profession, and to offenders. But with the exception of the GDPS, none of these institutions mediated contact with any of the informants officially. Also unsuccessful was an attempt to make mass contact with all lawyers via the CBA. There was no response to requests posted on the CBA's website or in their official magazine, Bulletin Advokacie. For this reason, we embarked upon the second phase of contact and identification, this time primarily employing personal contacts, along with an analysis of court decisions in hate crime cases and a media analysis of cases in which hate crime was mentioned. The task of identifying appropriate informants, however, clearly differed based upon the type of actor being contacted. Details: Prague: in IUSTITIA, o.p.s., 2017. 124p. Source: Internet Resource: Accessed may 2, 2018 at: https://www.iccl.ie/wp-content/uploads/2018/04/Life-Cycle-of-a-Hate-Crime-Country-Report-for-Czech-Republic-English.pdf Year: 2017 Country: Czech Republic URL: https://www.iccl.ie/wp-content/uploads/2018/04/Life-Cycle-of-a-Hate-Crime-Country-Report-for-Czech-Republic-English.pdf Shelf Number: 149974 Keywords: Bias-Motivated Crime Criminal InvestigationDiscrimination Hate Crimes Police InvestigationsPrejudice |
Author: Schweppe, Jennifer Title: Lifecycle of a Hate Crime: Comparative Report Summary: The following work presents, in detail, the final report which analyses the findings of in-depth primary and secondary research conducted over two years tracing the Lifecycle of a Hate Crime in selected EU jurisdictions. The research was undertaken in five jurisdictions within the EU - the Czech Republic, England and Wales, Ireland, Latvia, and Sweden in which contrasting approaches to addressing hate crime are evident. This year marks the tenth anniversary of the adoption by the EU Council of the Framework Decision on Combating Certain Forms and Expressions of Racism and Xenophobia (2008/913/JHA). Article 4 of the Framework Decision provides that for offenses other than incitement to violence or hatred, "Member States shall take the necessary measures to ensure that racist and xenophobic motivation is considered an aggravating circumstance, or, alternatively that such motivation may be taken into consideration by the courts in the determination of the penalties". In some of the jurisdictions examined, the national legislative framework underpinning hate crime may be considered robust. In others, laws are more limited. Less clear is the practical application of these laws, of how and in what manner crimes with a hate or bias element come to be prosecuted, and whether and why they may be overlooked or downgraded to generic offenses. To provide greater understanding of the operational realities of the treatment of hate crime in the criminal justice process researchers gathered experiential accounts of these laws "in action" from criminal justice professionals including lawyers and judges. Research teams also sought to investigate and document both victims' and offenders' experiences of the criminal justice system in respect to hate crime. In doing so, the research aims to provide a more holistic understanding of the "lifecycle" of a hate crime, from reporting to prosecution to sentencing, in order to identify gaps and good practices in the application of laws. The findings set out here shed new light on measures to combat hate crime for a wide range of stakeholders, including police, policy makers, lawyers, judges, victim support services, and civil society organizations working with victims and offenders. This report presents a comparative analysis of the findings from the research in each of the five jurisdictions as set out in the jurisdictional reports for the Czech Republic, England and Wales, Ireland, Latvia and Sweden. In jurisdictions where this was deemed appropriate, reports were accompanied by the production of practical information for judges and prosecutors to guide and inform them on matters which should be considered in the prosecution and punishment of hate crime. Details: Dublin: ICCL, 2018. 164p. Source: Internet Resource: Accessed May 2, 2018 at: https://www.iccl.ie/wp-content/uploads/2018/04/Life-Cycle-of-a-Hate-Crime-Comparative-Report-FINAL.pdf Year: 2018 Country: Europe URL: https://www.iccl.ie/wp-content/uploads/2018/04/Life-Cycle-of-a-Hate-Crime-Comparative-Report-FINAL.pdf Shelf Number: 149976 Keywords: Bias-Motivated CrimesCriminal ProsecutionDiscriminationHate CrimePrejudice |
Author: Granstrom, Gorel Title: Lifecycle of a Hate Crime. Country Report for Sweden Summary: Measures against crimes motivated by bias have been defined as a priority issue in Sweden since the mid-1990s. The Swedish Government has stated that these crimes are seen as a violation of human rights and, as such, important to combat. "Effective measures against racism and hate crime contribute towards the objective of ensuring full respect for Sweden's international human rights obligations. Combating racism and similar forms of hostility prevents the risk of individual's rights being infringed." For legal actors in the Swedish judicial system, prioritising hate crime concerns increasing the number of prosecutions and convictions and also furthering measures aimed at improving the way in which victims of hate crime are treated when they come into contact with the judicial system. This has for example been discussed in the context of supervisory reports regarding both the work of the police and the work of the prosecutors. As an example, it can be mentioned that in October 2017 an annual increase of SEK 10 million (approximately 1 million EUR) was announced in the budget of the Police Authority to be directed to the special democracy and hate crimes units within the three largest cities in Sweden. This extra funding is intended to provide the means for strengthening the capacity of the units to investigate hate crimes, by providing them with more opportunity for education and training, and also for improving coordination of the work among them. The aim of this study is to investigate the application of criminal laws and sentencing provisions regarding bias-motivated crimes in Sweden. Our goal is to identify best practices with regard to the tools used to combat bias-motivated crimes by studying legal regulations and policy documents and comparing these with the experiences of the legal actors (judges, prosecutors and defense lawyers) of how this legal framework is applied in practice. This is a study that contrasts law in books with law in action, in that, by interviewing those working with hate crime legislation, we have attempted to discover what works and where there is room for improvement. In line with this, we also interviewed victims of bias-motivated crimes and offenders who have committed such crimes. The overall aim is to investigate both how these groups have been met by the judicial system and their opinions of these meetings. Details: Umea, Sweden: Umea University, 2017. 71p. Source: Internet Resource: Accessed May 2, 2018 at: https://www.iccl.ie/wp-content/uploads/2018/04/Life-Cycle-of-a-Hate-Crime-Country-Report-for-Sweden-English.pdf Year: 2017 Country: Sweden URL: https://www.iccl.ie/wp-content/uploads/2018/04/Life-Cycle-of-a-Hate-Crime-Country-Report-for-Sweden-English.pdf Shelf Number: 150026 Keywords: Bias-Motivated Crimes Criminal Prosecution DiscriminationHate Crime Prejudice |
Author: Haynes, Amanda Title: Lifecycle of a Hate Crime: Country Report for Ireland Summary: This research is the Irish report of a five jurisdiction study which seeks to understand the Lifecycle of a Hate Crime as it navigates through the criminal justice process. The other partners to the research are the Czech Republic, Latvia, Sweden, and England and Wales. The project adopted the definition of a hate crime as promulgated by the Organisation for Security and Co-operation in Europe (OSCE), that is: "... criminal acts committed with a bias motive. It is this motive that makes hate crimes different from other crimes. A hate crime is not one particular offence. It could be an act of intimidation, threats, property damage, assault, murder or any other criminal offence. The term "hate crime" or "bias crime", therefore, describes a type of crime, rather than a specific offence within a penal code. A person may commit a hate crime in a country where there is no specific criminal sanction on account of bias or prejudice. The term describes a concept, rather than a legal definition." The purpose of this research was to understand and explore the Lifecycle of a Hate Crime in the Irish criminal justice process. The objectives of the research across all five jurisdictions were to: - Detail the operational realities of hate crime legislation by gathering experiential accounts of the legislation 'in action' from legal professionals; - Document differences in both victims' and offenders' experiences of the criminal justice process according to the legislative and policy context; and - Identify shortfalls in the legislative responses to Article 4 of the Frame- work Decision on Racism and Xenophobia. To this end, the research partners were tasked with conducting a doctrinal analysis of hate crime legislation in each jurisdiction; exploring policies pertaining to policing and prosecutorial functions in relation to hate crime; conducting a secondary analysis of statistics on the recording, prosecution and sentencing of hate crime; and conducting interviews with victims, previous offenders, judges, prosecutors, and defense practitioners. The research sought to illuminate the period between 2011 and 2016. Details: Dublin: ICCL, 2017. 216p. Source: Internet Resource: Accessed May 7, 2018 at: https://www.iccl.ie/wp-content/uploads/2018/05/Hate-Crime-Report-LR-WEB.pdf Year: 2017 Country: Ireland URL: https://www.iccl.ie/wp-content/uploads/2018/05/Hate-Crime-Report-LR-WEB.pdf Shelf Number: 150086 Keywords: Bias-Motivated CrimesCriminal ProsecutionDiscriminationHate CrimePrejudice |
Author: Kamenska, Anhelita Title: Lifecycle of a Hate Crime. Country Report for Latvia Summary: Recent years have seen positive, but at the same time insufficient developments in combatting and preventing hate crimes in Latvia. Changes have predominantly taken place in the legislation, largely as a result of Latvia's international obligations. In Latvia, much attention is paid to the incitement of hatred issues, particularly on the Internet, which have also been impacted by different foreign and domestic political events, such as the conflict in Eastern Ukraine, migration, etc. while public information about hate crimes is rare. The 2014 Criminal Law amendments which envisage criminal liability for incitement to social hatred on grounds of gender, age, disability and other characteristics, should be generally viewed positively as they expand the protection of vulnerable groups against hate crimes and hate speech. Although the list of protected characteristics is open, nevertheless, the legislator by explicitly naming a characteristic or a specific group sends a signal that manifestations of hatred against the group are unacceptable in Latvia. Despite the surveys in Latvia and wider European Union, which indicate high levels of homophobia in Latvia, there was insufficient political commitment by the parliament to include sexual orientation among protected characteristics. While racist motive was made aggravating circumstance already in 2006, and "national, ethnic and religious motive" was added in 2014, allegedly to bring the Latvian legislation in line with Article 4 of Framework Decision 2008/913/JH on combatting certain forms and expression of racism and xenophobia by means of criminal law, this provision has never been applied in practice. Thus, the transposition can be considered as formal as some of the leading criminal law experts have not been able to provide sufficient clarification for its application. Training of police officers to identify and investigate hate crimes has increased. The signing of an agreement between the OSCE/ODIHR and the State Police in Latvia in December 2014, trainings organized in co-operation with the State Police College and NGOs, as well as the guidelines on hate crime identification and investigation issued by the State Police in August 2018, are welcome developments. However, the training of the representatives of law enforcement bodies and judicial bodies is irregular and not systematic. Official data about hate crimes and incitement to hatred cases are limited, the number of opened criminal proceedings during the year remain small. Unofficial statistics compiled by NGOs, such as the Latvian Centre for Human Rights and the Association of LGBT and their friends "Mozaīka" indicate a higher number of crimes motivated by race, xenophobia and homophobia than those that come to the attention of national authorities. There remains very serious concern about the unwillingness of hate crime victims to report hate crimes to the law enforcement authorities. Although the legislation provides for a significant range of victims' rights which have also been expanded through the adoption of the EU's Victims' Rights, support to victims in practice remains inadequate. Latvia has no special support programmes for hate crime victims and overall, the country falls behind in general victim support structures and programmes compared with most EU Member States. For the first time, in 2015 the Latvian government granted state funding for social rehabilitation services to adult victims of all crimes. The financial support by the government and selected municipalities to different civil society projects aimed at promoting tolerance and combatting hate crimes and hate speech has increased, nevertheless it remains small. This hinders NGOs from planning long-term and sustainable projects. In recent years there have also been several research projects about different aspects of hate crimes and hate speech. Both the research conducted by the Ombudsman's Office in 2016 and the research conducted by the Latvian Centre for Human Rights in 2017 within the framework of the current project (30 police officers, prosecutors, judges and defense counsels were interviewed) address a range of topical issues related to the identification, investigation, prosecution and trial of hate crime and incitement to hatred cases. These include a need for government strategy to tackle hate crimes and hate speech, need for regular training, including multi-disciplinary training of the law enforcement and judicial sector, measures that would encourage and increase hate crime reporting by the victims. They also analyse gaps in the implementation of criminal law provisions, issues related to the selection of external experts and criteria for external expert opinions (an issue that has been unresolved for over a decade) in incitement to hatred cases and call for information campaigns to promote tolerance. Many of the issues addressed by the research are not new, however, their resolution will not be successful without the commitment of relevant national authorities, sustained government support and adequate understanding that hate speech and hate crimes can strike at the very fundamentals of the Latvian society. Details: Riga, Latvia: Latvian Centre for Human Rights, 2017. 65p. Source: Internet Resource: Accessed May 7, 2018 at: http://cilvektiesibas.org.lv/media/attachments/01/03/2018/ENG_brosura_internetam.pdf Year: 2017 Country: Latvia URL: http://cilvektiesibas.org.lv/media/attachments/01/03/2018/ENG_brosura_internetam.pdf Shelf Number: 150087 Keywords: Bias-Motivated CrimesCriminal ProsecutionDiscriminationHate CrimePrejudice |
Author: Sentencing Project Title: Report of The Sentencing Project to the United Nations Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia, and Related Intolerance Regarding Racial Disparities in the United States Criminal Justice System Summary: The United States criminal justice system is the largest in the world. At yearend 2015, over 6.7 million individuals1) were under some form of correctional control in the United States, including 2.2 million incarcerated in federal, state, or local prisons and jails.2) The U.S. is a world leader in its rate of incarceration, dwarfing the rate of nearly every other nation.3) Such broad statistics mask the racial disparity that pervades the U.S. criminal justice system, and for African Americans in particular. African Americans are more likely than white Americans to be arrested; once arrested, they are more likely to be convicted; and once convicted, and they are more likely to experience lengthy prison sentences. African-American adults are 5.9 times as likely to be incarcerated than whites and Hispanics are 3.1 times as likely.4) As of 2001, one of every three black boys born in that year could expect to go to prison in his lifetime, as could one of every six Latinos-compared to one of every seventeen white boys.5) Racial and ethnic disparities among women are less substantial than among men but remain prevalent.6) The source of such disparities is deeper and more systemic than explicit racial discrimination. The United States in effect operates two distinct criminal justice systems: one for wealthy people and another for poor people and people of color. The wealthy can access a vigorous adversary system replete with constitutional protections for defendants. Yet the experiences of poor and minority defendants within the criminal justice system often differ substantially from that model due to a number of factors, each of which contributes to the over-representation of such individuals in the system. As former Georgetown Law Professor David Cole states in his book No Equal Justice, These double standards are not, of course, explicit; on the face of it, the criminal law is color-blind and class-blind. But in a sense, this only makes the problem worse. The rhetoric of the criminal justice system sends the message that our society carefully protects everyone's constitutional rights, but in practice the rules assure that law enforcement prerogatives will generally prevail over the rights of minorities and the poor. By affording criminal suspects substantial constitutional rights in theory, the Supreme Court validates the results of the criminal justice system as fair. That formal fairness obscures the systemic concerns that ought to be raised by the fact that the prison population is overwhelmingly poor and disproportionately black.7) By creating and perpetuating policies that allow such racial disparities to exist in its criminal justice system, the United States is in violation of its obligations under Article 2 and Article 26 of the International Covenant on Civil and Political Rights to ensure that all its residents-regardless of race-are treated equally under the law. The Sentencing Project notes that the United Nations Special Rapporteur is working to consult with U.S. civil society organizations on contemporary forms of racism, racial discrimination, and related intolerance. We welcome this opportunity to provide the UN Special Rapporteur with an accurate assessment of racial disparity in the U.S. criminal justice system. This report chronicles the racial disparity that permeates every stage of the United States criminal justice system, from arrest to trial to sentencing to post prison experiences. In particular, the report highlights research findings that address rates of racial disparity and their underlying causes throughout the criminal justice system. The report concludes by offering recommendations on ways that federal, state, and local officials in the United States can work to eliminate racial disparity in the criminal justice system and uphold its obligations under the Covenant. Details: Washington, DC: The Sentencing Project, 2018. 16p. Source: Internet Resource: Accessed May 11, 2018 at: https://www.sentencingproject.org/publications/un-report-on-racial-disparities/ Year: 2018 Country: United States URL: https://www.sentencingproject.org/publications/un-report-on-racial-disparities/ Shelf Number: 150156 Keywords: DiscriminationHuman RightsRacial DisparitiesRacismXenophobia |
Author: Ibrahim, Dyna Title: Violent victimization and discrimination, by religious affiliation in Canada, 2014 Summary: According to the 2014 General Social Survey on Canadians' Safety (Victimization), individuals who reported no religious affiliation experienced a higher rate of violent victimization (113 incidents per 1,000 population) than Christians (67 per 1,000 population). This difference was in large part attributed to age as individuals with no religious affiliation tended to be younger. People who reported a religion other than Christianity (72E per 1,000 population) experienced violent victimization at a rate similar to Christians. People affiliated with a non‑Christian religion were significantly more likely to report experiencing discrimination on the basis of their religion in the previous five years than Christians (11% compared to 1%). Canada has become increasingly more diverse ethno‑culturally and also in terms of religious affiliation. There has been a rise in the proportion of people who report religious affiliation other than Christianity-the religion of the majority of Canadians. In 2011, Statistics Canada estimated that about one in ten (9%) Canadians was affiliated with a religion other than Christianity, a significantly larger proportion compared to decades prior. Note It was projected that by 2036, this proportion could almost double to between 13% and 16% of the population (Morency et al. 2017). Every five years Statistics Canada conducts the General Social Survey (GSS) on Canadians' Safety (Victimization), which collects self‑reported information on the experiences of victimization among Canadians 15 years of age and older, as well as their religious affiliation. In order to better inform discussions related to diversity and security, this Juristat article examines the victimization and discrimination experiences of Canadians with diverse religious affiliations as well as their perceptions of safety and the police. Details: Ottawa: Statistics Canada, 2018. 11p. Source: Internet Resource: Juristat: Accessed July 11, 2018 at: https://www150.statcan.gc.ca/n1/en/pub/85-002-x/2018001/article/54914-eng.pdf?st=uwrqT20O Year: 2018 Country: Canada URL: https://www150.statcan.gc.ca/n1/en/pub/85-002-x/2018001/article/54914-eng.pdf?st=uwrqT20O Shelf Number: 150813 Keywords: Crime Statistics DiscriminationReligious Persecution Victimization Victims of Crime Violent Victimization |
Author: Pierson, Emma Title: Fast Threshold Tests for Detecting Discrimination Summary: Threshold tests have recently been proposed as a robust method for detecting bias in lending, hiring, and policing decisions. For example, in the case of credit extensions, these tests aim to estimate the bar for granting loans to white and minority applicants, with a higher inferred threshold for minorities indicative of discrimination. This technique, however, requires fitting a Bayesian latent variable model for which inference is often computationally challenging. Here we develop a method for fitting threshold tests that is more than 75 times faster than the existing approach, reducing computation from hours to minutes. We demonstrate this technique by analyzing 2.7 million police stops of pedestrians in New York City between 2008 and 2012. To achieve these performance gains, we introduce and analyze a flexible family of probability distributions on the interval [0, 1]-which we call discriminant distributions-that is computationally efficient to work with. These discriminant distributions may aid inference in a variety of applications beyond threshold tests. Details: Stanford, CA: Stanford University, 2017. 10p. Source: Internet Resource: Working Paper: Accessed September 18, 2018 at: https://5harad.com/papers/fasttt.pdf Year: 2017 Country: United States URL: https://5harad.com/papers/fasttt.pdf Shelf Number: 151566 Keywords: DiscriminationPolice Decision-Making Racial Disparities Racial Profiling Racial Profiling in Law Enforcement Stop and Search |
Author: Bjerk, David Title: What Can DNA Exonerations Tell Us about Racial Differences in Wrongful Conviction Rates? Summary: We examine the extent to which DNA exonerations can reveal whether wrongful conviction rates differ across races. We show that under a wide-range of assumptions regarding possible explicit or implicit racial biases in the DNA exoneration process (including no bias), our results suggest the wrongful conviction rate for rape is substantially and significantly higher among black convicts than white convicts. By contrast, we show that only if one believes that the DNA exoneration process very strongly favors innocent members of one race over the other could one conclude that there exist significant racial differences in wrongful conviction rates for murder. Details: Bonn: Institute of Labor Economics (IZA), 2018. Source: Internet Resource: Discussion Paper Series, No. 11837: Accessed November 6, 2018 at: http://ftp.iza.org/dp11837.pdf Year: 2018 Country: United States URL: http://ftp.iza.org/dp11837.pdf Shelf Number: 153333 Keywords: DiscriminationDNA Evidence Judicial Error Racial Disparities Wrongful Convictions |
Author: Reclaim Chicago Title: Exercising Full Powers: Recommendation to Kim Foxx on Addressing Systemic Racism in the Cook County Criminal Justice System Summary: In 2016, Cook County State's Attorney Kim Foxx was elected in a landslide victory that was widely seen as a referendum on Cook County's criminal justice system. Voters rejected the "tough on crime" stance of Anita Alvarez as well as her cover-up of the police murder of Laquan McDonald. Voters chose, instead, a candidate who ran on a platform of holding police accountable and reversing some of the policies that led to massive increases in the number of African American and Latinx people incarcerated in Cook County. Changing practices in such a large criminal justice system is a big order. The People's Lobby and Reclaim Chicago - which organized a significant portion of Kim Foxx's electoral operation - have been working with Chicago Appleseed to report regularly on Foxx's progress to reduce incarceration. The following is a report on the first nine months of 2018 data released by the State's Attorney's Office. It includes key recommendations for how Foxx can strengthen her decarceration efforts and be a leader in rolling back the failed policies of over-policing and mass incarceration. In this report we evaluate the performance of Foxx's State's Attorney Office on four major criteria we believe are vital to the advancement of criminal justice reform and overturning decades of systematic racism in the Cook County court system. We look at the role of felony charging by the prosecutor's office and highlight limited successes in a context of rising felony charging by Foxx's office. How people are charged within the criminal justice system has far reaching consequences not just for sentencing, but also for people's ability to avoid pre-trial detention. We analyze how wealth and class effect pre-trial detention in light of recent reforms by Chief Judge Evans and attempts by Foxx to find alternatives to incarceration. This type of research and evaluation is only possible with regular, detailed access to data from the court system, so we evaluate Foxx's efforts at transparency in a court system renowned for antiquated and incomplete record keeping. The most recent data release also provides a clearer window into how gun crimes are charged and adjudicated. The data suggest that a "war on guns" is now adding to the "war on drugs" with equally disastrous results. Details: Chicago: Authors, 2019. 12p. Source: Internet Resource: Accessed February 25, 2019 at: http://www.uupmi.org/uploads/1/1/2/1/112170071/2019-report-kim-foxx_forweb.pdf Year: 2019 Country: United States URL: http://www.uupmi.org/uploads/1/1/2/1/112170071/2019-report-kim-foxx_forweb.pdf Shelf Number: 154739 Keywords: Criminal Justice ReformDiscriminationMass IncarcerationRacial BiasRacism |