Centenial Celebration

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Date: November 22, 2024 Fri

Time: 11:33 am

Results for gender bias

4 results found

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:
Discrimination
Gender Bias
Police Behavior
Police Misconduct
Police Recruitment and Selection
Police Reform
Police Use of Force
Police-Community Relations
Policing (New Orleans)

Author: Women's Foundation of California

Title: Bias Behind Bars: Decreasing Disproportionate Rates of Incarcerated Women in California and Nationwide for Low-Level Offenses

Summary: A new analysis of data regarding California's massive prison system underscores an emerging- and troubling-body of research nationally: Girls and women are disproportionately incarcerated in state prison for low-level, petty crimes. Even more troubling are the profound ripple effects this has on the stability of families and entire communities. These problems are national in scope, but a new review of statistics from the California Department of Corrections and Rehabilitation reveals telling numbers about this overlooked trend. This report highlights some examples of unequal treatment of women within the criminal justice system. We call attention to the fact that: 1. There are gender differences in treatment within the criminal justice system; 2. The long-term impacts of a felony conviction differ between men and women; and 3. Women's histories of abuse prior to incarceration impact their experiences while incarcerated and after release. As policymakers and the general public work to reform criminal justice systems (particularly to modernize approaches to holding people accountable for nonviolent offenses), it is critical for women's needs and circumstances to inform the changes underway. Trends related to gender must be considered in any criminal justice reform efforts, and institutional practices within the criminal justice system and post-release must take into account the ways in which the needs of men and women differ. We also share stories of three formerly incarcerated California women who have overcome the odds to rebuild their lives.

Details: San Francisco: Women's Foundation of California, 2014. 18p.

Source: Internet Resource: Accessed February 5, 2015 at: http://www.womensfoundca.org/sites/default/files/Bias-Behind-Bars.pdf

Year: 2014

Country: United States

URL: http://www.womensfoundca.org/sites/default/files/Bias-Behind-Bars.pdf

Shelf Number: 134545

Keywords:
Female Inmates
Female Offenders
Gender Bias

Author: U.S. Government Accountability Office

Title: K-12 Education: Discipline Disparities for Black Students, Boys, and Students with Disabilities

Summary: Black students, boys, and students with disabilities were disproportionately disciplined (e.g., suspensions and expulsions) in K-12 public schools, according to GAO's analysis of Department of Education (Education) national civil rights data for school year 2013-14, the most recent available. These disparities were widespread and persisted regardless of the type of disciplinary action, level of school poverty, or type of public school attended. For example, Black students accounted for 15.5 percent of all public school students, but represented about 39 percent of students suspended from school-an overrepresentation of about 23 percentage points. Officials GAO interviewed in all five school districts in the five states GAO visited reported various challenges with addressing student behavior, and said they were considering new approaches to school discipline. They described a range of issues, some complex-such as the effects of poverty and mental health issues. For example, officials in four school districts described a growing trend of behavioral challenges related to mental health and trauma. While there is no one-size-fits-all solution for the issues that influence student behavior, officials from all five school districts GAO visited were implementing alternatives to disciplinary actions that remove children from the classroom, such as initiatives that promote positive behavioral expectations for students. Education and the Department of Justice (Justice) documented several actions taken to identify and address school discipline issues. For example, both agencies investigated cases alleging discrimination. Further, to help identify persistent disparities among the nation's schools, Education collects comprehensive data on school discipline every other year through its Civil Rights Data Collection effort.

Details: Washington, DC: GAO, 2018. 98p.

Source: Internet Resource: GAO-18-258: Accessed April 9, 2018 at: https://www.gao.gov/assets/700/690828.pdf

Year: 2018

Country: United States

URL: https://www.gao.gov/assets/700/690828.pdf

Shelf Number: 149739

Keywords:
Disabilities
Gender Bias
Racial Bias
Racial Disparities
School Suspensions
Student Discipline

Author: Cornell Law School’s Avon Global Center for Women and Justice and International Human Rights Clinic

Title: Judged for More Than Her Crime: A Global Overview of Women Facing the Death Penalty

Summary: We estimate that at least 500 women are currently on death rows around the world. While exact figures are impossible to obtain, we further estimate that over 100 women have been executed in the last ten years - and potentially hundreds more. The number of women facing execution is not dramatically different from the number of juveniles currently on death row, but the latter have received a great deal more attention from international human rights bodies, national courts, scholars, and advocates. This report aims to shed light on this much-neglected population. Few researchers have sought to obtain information about the crimes for which women have been sentenced to death, the circumstances of their lives before their convictions, and the conditions under which they are detained on death row. As a result, there is little empirical data about women on death row, which impedes advocates from understanding patterns in capital sentencing and the operation of gender bias in the criminal legal system. To the extent that scholars have focused on women on death row, they have concluded that they are beneficiaries of gender bias that operates in their favor. While it is undeniable that women are protected from execution under certain circumstances (particularly mothers of infants and young children) and that women sometimes benefit from more lenient sentencing, those that are sentenced to death are subjected to multiple forms of gender bias. Most women have been sentenced to death for the crime of murder, often in relation to the killing of family members in a context of gender-based violence. Others have been sentenced to death for drug offenses, terrorism, adultery, witchcraft, and blasphemy, among other offenses. Although they represent a tiny minority of all prisoners sentenced to death, their cases are emblematic of systemic failings in the application of capital punishment. Women in conflict with the law are particularly vulnerable to abuse and other rights violations, either at the police station, during trial, or while incarcerated. Women are more likely than men to be illiterate, which affects their ability to understand and participate in their own defense. For example, of the 12 women on India's death row in 2015, six have never attended school. Illiteracy also increases their vulnerability to coercion, heightening the risk of false confessions. In certain countries, particularly in the Gulf states, most death-sentenced women are foreign migrant workers who are subject to discriminatory treatment. Mental illness and intellectual disability are common among women facing the death penalty. In Pakistan, Kanizan Bibi has been on death row since 1989, when she was only 16-years-old. Diagnosed with paranoid schizophrenia, she cannot care for herself in the most basic ways and has lost all awareness of her surroundings. Although she is now confined in a psychiatric hospital, she remains under sentence of death. Many women enter prison as long-term survivors of gender-based violence and harsh socioeconomic deprivation. We have documented several cases of women convicted of crimes committed while they were minors, often in the context of child marriage. These factors receive little attention from lawyers and courts. In many death penalty jurisdictions, gender-based violence is not considered at sentencing. Few lawyers present such evidence, and even where they do, the courts often discount it. In mandatory death penalty jurisdictions, a woman's prior history as a survivor of physical or sexual abuse is simply irrelevant, since the death penalty is automatically imposed for death-eligible offenses without consideration of the offender's background or the circumstances of the crime. Our research also indicates that women who are seen as violating entrenched norms of gender behavior are more likely to receive the death penalty. In several cases documented in this report, women facing the death penalty have been cast as the "femme fatale," the "child murderer," or the "witch." The case of Brenda Andrew in the United States is illustrative. In her capital trial, the prosecution aired details of her sexual history under the guise of establishing her motive to kill her husband. The jury was allowed to hear about Brenda's alleged extramarital affairs from years before the murder, as well as details about outfits she wore. The trial court also permitted the prosecutor to show the underwear found in the suitcase in her possession after she fled to Mexico, because it showed that she was not behaving as "a grieving widow, but as a free fugitive living large on a Mexico beach." As one Justice of the Court of Criminal Appeals of Oklahoma noted, Brenda was put on trial not only for the murder of her husband but for being "a bad wife, a bad mother, and a bad woman." Death row conditions around the world are harsh and at times life-threatening for both men and women. In China, for example, all death row inmates, including women, are shackled at all times by their hands and feet. Women face certain deprivations, however, that do not affect the male population to the same extent. Some death sentenced women must also care for infants or young children who are incarcerated alongside them. Meriam Ibrahim, sentenced to death in Sudan for apostasy in 2014, was shackled to heavy chains in prison while eight months pregnant and caring for a young child. In Thailand and Myanmar, inmates have reportedly given birth alone in prison. In many countries, it is challenging or impossible for women to access sanitary pads or other menstruation products. In Zambia, for example, women must make do with rags that they struggle to clean without soap. The social stigma associated with women who are convicted and imprisoned, paired in some cases with restrictive family and child visitation rules, means that many female death row inmates around the world suffer an enduring lack of family contact, contributing to the high levels of depression suffered by women prisoners. Women on death row may also be denied access to occupational training and educational programs. For instance, the general female prison population in Thailand has access to work programs, but death row inmates do not. One woman in Ghana explained, after being denied educational opportunities while on death row: "I don't do anything. I sweep and I wait." Our country profiles aim to provide a snapshot of women facing the death penalty in several major regions of the world. The stories of women on death row provide anecdotal evidence of the particular forms of oppression and inhumane treatment documented in this report. It is our hope that this initial publication, the first of its kind, will inspire the international community to pay greater attention to the troubling plight of women on death row worldwide.

Details: Ithaca, NY: Cornell Law School, 2018. 62p.

Source: Internet Resource: Accessed November 23, 2018 at: https://deathpenaltyinfo.org/node/7202

Year: 2018

Country: International

URL: http://www.deathpenaltyworldwide.org/pdf/judged-for-more-than-her-crime.pdf

Shelf Number: 153113

Keywords:
Capital Punishment
Death Penalty
Death Row
Executions
Females
Gender Based Punishment
Gender Based Violence
Gender Bias
Gender Issues
Imprisonment
Intellectual Disability
Mental Health Issues
Prison
Prisoners