Date: April 30, 2024 Tue

Time: 1:50 am

Results for racial disparities

244 results found

Author: Ayres, Ian Title: A Study of Racially Disparate Outcomes in the Los Angeles Police Department Summary: This report analyzes pedestrian and motor vehicle stops of the Los Angeles Police Department over a oneyear period: July 2003 to June 2004. We find prima facie evidence that African Americans and Hispanics are overstopped, over-frisked, over-searched, and over-arrested. After controlling for violent and property crime rates in specific LAPD reporting districts, as well as a range of other variables, we find that: Per 10,000 residents, the black stop rate is 3,400 stops higher than the white stop rate, and the Hispanic stop rate is almost 360 stops higher. Relative to stopped whites, stopped blacks are 127% more likely and stopped Hispanics are 43% more likely to be frisked. Relative to stopped whites, stopped blacks are 76% more likely and stopped Hispanics are 16% more likely to be searched. Relative to stopped whites, stopped blacks are 29% more likely and stopped Hispanics are 32% more likely to be arrested. All of these disparities are statistically significant (p < .01). The findings of racial disparity are supported by ancillary analyses of investigative outcomes and officer race. We find that frisks and searches are systematically less productive when conducted on blacks and Hispanics than when conducted on whites: Frisked African Americans are 42.3% less likely to be found with a weapon than frisked whites and that frisked Hispanics are 31.8% less likely to have a weapon than frisked non-Hispanic whites. Consensual searches of blacks are 37.0% less likely to uncover weapons, 23.7% less likely to uncover drugs and 25.4% less likely to uncover anything else. Consensual searches of Hispanics similarly are 32.8% less likely to uncover weapons, 34.3% less likely to uncover drugs and 12.3% less likely to uncover anything else. It is implausible that higher frisk and search rates are justified by higher minority criminality, when these frisks and searches are substantially less likely to uncover weapons, drugs or other types of contraband. We also find that the black arrest disparity was 9 percentage points lower when the stopping officer was black than when the stopping officer was not black. Similarly, the Hispanic arrest disparity was 7 percentage points lower when the stopping officer was Hispanic than when the stopping officer was a non-Hispanic white. Taken as a whole, these results justify further investigation and corrective action. Details: Los Angeles, CA: ACLU of Southern California, 2008. 52p. Source: Year: 2008 Country: United States URL: https://www.aclusocal.org/en/study-racially-disparate-outcomes-los-angeles-police-department Shelf Number: 117110 Keywords: Police Behavior Race/Ethnic Groups Racial Disparities Stop and Frisk

Author: Ridgeway, Greg Title: Cincinnati Police Department Traffic Stops: Applying RAND's Framework to Analyze Racial Disparities Summary: In Cincinnati, a memorandum of agreement (MOA) between the city and the U.S. Department of Justice (DOJ), dated April 12, 2002, sought to remedy a pattern or practice of conduct by law-enforcement officers that deprives individuals of rights, privileges, or immunities secured by the U.S. Constitution or federal law. Separately in 2002, the City of Cincinnati and other parties (collectively, the parties) entered into a collaborative agreement in an attempt to resolve social conflict, improve community-police relations, reduce crime and disorder, and resolve pending individual and organizational legal claims about racially biased policing in Cincinnati. In July 2004, the city, on behalf of the parties of the collaborative agreement, hired the RAND Corporation to conduct evaluations over the course of five years to assist the parties with measuring progress toward the goals of the collaborative agreement. This monograph represents the final annual report, for the fifth year. While the evaluations in the previous years covered a large series of tasks, this evaluation focuses solely on three assessments of the traffic-stop data: (1) an assessment of whether there is a departmentwide pattern of bias against black drivers in the decision to stop a vehicle, (2) an assessment of the fraction of CPD officers who disproportionately stop black drivers compared to other officers patrolling the same neighborhoods at the same time, and (3) an assessment of racial biases in post-stop outcomes, including stop duration, citation rates, and search rate In assessing whether there is a department-wide pattern of bias against black drivers in the decision to stop a vehicle, we take an approach that is different from the traditional approaches to creating an external benchmark�all of which have some limitations; our approach gets around those limitations by taking advantage of a natural experiment involving daylight saving time (DST) that does not require explicit external estimates of the racial or ethnic distribution of those at risk of being stopped. More specifically, to assess bias in the decision to stop, we compare stops immediately before and immediately after changes to and from DST, when a similar mix of drivers and a similar allocation of police officers will be in effect and in which the only major difference will be in officers� ability to see, because of the shift from daylight to darkness, the race of the drivers being stopped. From that assessment, we found the following, for 2008: � Black drivers were less likely to be stopped during daylight, when drivers� races are more visible, evidence that is counter to what we would expect if there were racial profiling. � Aggregating six years of data, from 2003 to 2008, we find no evidence of racial profiling in officers� decisions to stop drivers. In assessing whether there is racial bias in the decision to stop at the individual officer level, we use an internal-benchmarking approach that constructs a customized internal benchmark for each officer, comparing the racial distribution of suspects stopped by the officer in question with the racial distribution of suspects stopped by other officers at the same times and places and in the same contexts. This method selects an officer, identifies stops that other officers made at the same time and in the same neighborhood, and compares the racial distributions of the stopped drivers. Since the officers are patrolling the same areas at the same times, the racial distributions should be the same (assuming that the officers are on the same assignment). When we conduct the internal-benchmarking assessment, we find the following: � Ten officers appear to be stopping significantly more black drivers than did other officers patrolling at the same times and places and in the same contexts. In assessing whether there is racial bias or disparities in what happens after the stop�in the length of the stop, in the rates at which officers cite motorists, and in the way they conduct vehicle searches�we use a method known as propensity-score weighting to identify stops involving nonblack drivers that are similarly situated to the stops involving black drivers and make post-stop comparisons between the two groups. Doing so allows us to account for a large number of factors�such as neighborhood, place of residence, reason for stop, day and month of stop, time of day of stop, state of vehicle registration, validity of the driver�s license, and number and age of occupants in vehicle�that can confound whether the differences we see in post-stop outcomes are actually the result of racial bias. When we conduct the propensity-score weighting analysis of poststop decisions, we find the following: � Black drivers who were stopped were slightly more likely to have their stops exceed 10 minutes, compared to similarly situated nonblack drivers who were stopped. � There was no racial difference in the percentage of stops lasting more than 30 minutes when comparing black drivers to similarly situated nonblack drivers. � Black drivers were less likely to receive a citation than were similarly situated nonblack drivers. � Officers were less likely to conduct a high-discretion search, such as a consent search, of a black driver than of a similarly situated nonblack driver. � When searched, black and nonblack drivers were equally likely to be found in possession of contraband. If we do not limit the compared drivers to those in similar situations, we do find large differences. For example, officers more frequently search black drivers than nonblack drivers (13 percent versus 6 percent). While this disparity is largely due to differences in when, where, and why the stops occurred, these differences in experience can shape black drivers� views of CPD officers. Conclusions and Implications Although we found no evidence of racial differences between the stops of black and those of similarly situated nonblack drivers, there are issues that can exacerbate the perception of racial bias. First, for each year of analysis, we find several officers who stop substantially more black drivers than their peers do. These represent a small fraction of CPD officers, and, as noted in the document, CPD has the capability to monitor, manage, and address issues that these officers may present to the department and the community. Second, although black and similarly situated nonblack drivers have similar stop outcomes, the burden of policing falls disproportionately on black residents, even though nonblack drivers have similar stop outcomes. There are still substantial gaps between how black and nonblack residents view CPD. As noted in last year�s RAND report (Ridgeway, Schell, Gifford, et al., 2009), the improvements that have been seen over the life of the collaborative agreement may be fragile. It will require a continued and concerted effort on the part of CPD and community leaders to maintain progress toward the goals stated in the collaborative agreement, as well as to prevent reversals in the positive trends that we observed while this agreement was in force. Details: Santa Monica, CA: RAND, 2009. 93p. Source: Internet Resource: Accessed April 17, 2018 at: https://www.rand.org/content/dam/rand/pubs/monographs/2009/RAND_MG914.pdf Year: 2009 Country: United States URL: https://www.rand.org/content/dam/rand/pubs/monographs/2009/RAND_MG914.pdf Shelf Number: 117100 Keywords: Police Behavior Police-Community Relations Racial Disparities Racial Profiling in Law Enforcement Traffic Stops

Author: Great Britain. Equality and Human Rights Commission Title: Stop and Think: A Critical Review of the Use of Stop and Search Powers in England and Wales Summary: This report reviews the disproportional impact of stop and search on black and Asian people in England and Wales. The figures are stark: if you are a black person, you are at least six times as likely to be stopped and searched by the police in England and Wales as a white person. If you are Asian, you are around twice as likely to be stopped and searched as a white person. Despite years of debate and several initiatives aimed at tackling the problem, these ratios have stayed stubbornly high. The majority of stops and searches in England and Wales are conducted under the Police and Criminal Evidence Act (PACE). We believe that the current police use of PACE stop and search powers may be unlawful, disproportionate, discriminatory and damaging to relations within and between communities. Details: London: Equality and Human Rights Commission, 2010. 110p. Source: http://webarchive.nationalarchives.gov.uk/20160221235622/http://www.equalityhumanrights.com/publication/stop-and-think-critical-review-use-stop-and-search-powers-england-and-wales Year: 2010 Country: United Kingdom URL: http://webarchive.nationalarchives.gov.uk/20160221235622/http://www.equalityhumanrights.com/publication/stop-and-think-critical-review-use-stop-and-search-powers-england-and-wales Shelf Number: 117804 Keywords: Police Racial Disparities Racial Profiling in Law Enforcement Stop and Search

Author: Barlyn, Ben Title: Report on New Jersey's Drug Free Zone Crimes and Proposal For Reform Summary: This report presents a concise summary of the key findings and recommendations of the New Jersey Commission to Review Criminal Sentencing primarily concerning N.J.S.A. 2C:35-7, commonly known as the drug free school zone law and N.J.S.A. 2C:35-7.1, commonly referred to as the park zone law. New Jersey’s school zone law mandates enhanced punishment for those that distribute, or possess with intent to distribute, illicit narcotics within 1,000 feet of school property. Ten years after the enactment of the school zone law, the Legislature enacted N.J.S.A. 2C:35-7.1 which mandates enhanced punishment for those that distribute, or possess with intent to distribute, illicit narcotics within 500 feet of public parks, public housing and other public buildings. New Jersey’s cities are among the most densely populated in the nation. Given the large concentration of schools in these areas, the protective zones which surround them have overlapped and coalesced to such an extent that the three cities studied by the Commission – Jersey City, Camden, and Newark – have themselves become all-encompassing drug free zones. The foregoing “urban effect” of the drug free zone laws significantly increases the likelihood that a drug distribution offense will occur within a drug free school zone in urban areas; minorities, who currently comprise a greater proportion of urban populations than rural and suburban populations, are therefore far more likely to be charged with a drug free zone offense and subjected to harsher punishment upon conviction. The unintended, but profoundly discriminatory, impact of the laws is the direct result of the size of the zones defined by the school zone and park zone laws, and is, moreover, significantly amplified by New Jersey’s unique demographic characteristics. The end result of this cumulative “urban effect” of the drug free zone laws is that nearly every offender (96%) convicted and incarcerated for a drug free zone offense in New Jersey is either Black or Hispanic. The “urban effect” greatly undermines the school zone law’s effectiveness in protecting school children: the enormous, unbroken swaths created by the overlapping zones have in fact diluted the special protection of schools that the law was specifically intended to facilitate. A review of geocoded arrest data for illicit drug activity in Newark yields no evidence that drug dealers are aware of school zones, much less that they deliberately undertake their criminal activity to evade exposure to the school zone law. Based on its review of the pertinent data, the Commission concludes that a substantial reduction of the zones will at once significantly enhance the effectiveness of the law while considerably diminishing the disproportionate number of minority drug dealers subject to enhanced punishment avoided by their white suburban and rural counterparts. The Commission’s proposal to amend the school zone and drug free park laws by substantially reducing the zone size to 200 feet remedies both aforementioned deficiencies. The Commission’s proposal would eliminate the mandatory minimum sentence for the school zone offense but would upgrade the crime within the reduced zone to second degree which carries a presumption of imprisonment. Discretionary extended terms of imprisonment for repeat offenders and parole ineligibility terms could still be imposed by judges with respect to drug offenses both inside and outside the zones. This change will ensure that those who sell drugs within close proximity to schools and other protected property will be subject to significant punishment, including the presumption of imprisonment, while also conferring a greater degree of discretion on courts in fashioning fair and appropriate sentences. The Commission recognizes that the financial cost of incarcerating large numbers of drug offenders places a tremendous burden on the State budget and might not constitute the most efficient use of public funds to promote public safety by preventing future drug crimes. Further study is urgently required. The Commission’s findings and recommendations with regard to the drug free zone laws are unanimous. The Commission will continue to collect data and carefully monitor application of the current drug free zone provisions, as well as subsequently enacted provisions. These findings will be presented to the Legislature and the public on a periodic basis. Details: Trenton, NJ: New Jersey Commission to Review Criminal Sentencing, 2005. 60p. Source: Internet Resource: Accessed December 3, 2010 at: http://www.sentencing.nj.gov/publications.html Year: 2005 Country: United States URL: http://www.sentencing.nj.gov/publications.html Shelf Number: 100375 Keywords: Drug Free School Zones Drug Offenders Racial Disparities Sentencing (New Jersey)

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: Discrimination Employment Housing Prisoner Reentry (U.K.) Race/Ethnicity Racial Disparities

Author: Tolman, Molly Title: Smarter Policing Practices: Creating a Safer, More Unified Texas. 2007 Racial Profiling Report Summary: Texas’ racial profiling law (S.B. 1074, passed in 2001) requires every Texas law enforcement agency to annually create a report on the race of individuals they stop and search and submit it to their local governing body. Because no central repository was written into the law to collect and analyze the data on a statewide level, the Texas Criminal Justice Coalition (TCJC) has served since the inaugural year of data reporting as the sole statewide repository and analyst of required, annual racial profiling reports from Texas law enforcement agencies. In this role, TCJC obtains valuable feedback from law enforcement and community members and has assisted agencies in understanding their data, streamlining their reporting practices, and improving the way they protect the public through the implementation of needed policy changes. We also offer technical assistance to agencies regarding the requirements of the law. To obtain the pool of agencies analyzed in this report, TCJC sent open records requests to 1,074 law enforcement agencies in October, 2006; we requested a copy of each agency’s racial profiling report containing racial profiling data for calendar year 2005, as well as the racial profiling policy in use by each agency during 2005. Of agencies that responded with usable information prior to the data analysis process, 221 agencies issued 3,000 or more citations, accounting for 4.9 million stops. Though in some ways 3,000 is an arbitrary number, we chose these 221 agencies to avoid small samples that were not statistically significant. This report focuses on 2005-year data regarding disparities in consent search rates. Consent searches occur when law enforcement officers have no legal basis for a search (such as reasonable suspicion, probable cause, or a warrant). Because requesting these searches falls fully within an officer’s discretion, analysis of consent search rates comes closest to measuring, from the available data, how officers use their discretion differently depending on places and races. We determined that some law enforcement agencies continue to have problems complying with the data collection and reporting requirements of Texas’ racial profiling law. Law enforcement, the public, and key stakeholders need a more comprehensive picture of what is happening at Texas traffic stops in order to create better community policing models. As the sole statewide repository of Texas racial profiling reports, TCJC is well positioned to offer recommendations about what works – and what doesn’t work – when it comes to the data collection and reporting provisions of Texas’ racial profiling law. As such, throughout the pages of this report we have suggested solutions to the problems facing law enforcement as they undergo data collection and reporting processes, as well as recommendations related to other provisions within the law. Details: Austin, TX: Texas Criminal Justice Coalition, 2007. 32p. Source: Internet Resource: Accessed March 23, 2011 at: http://www.criminaljusticecoalition.org/files/userfiles/publicsafety/Reports_manuals/2007_racial_profiling_report.pdf Year: 2007 Country: United States URL: http://www.criminaljusticecoalition.org/files/userfiles/publicsafety/Reports_manuals/2007_racial_profiling_report.pdf Shelf Number: 121110 Keywords: Police Discretion Racial Disparities Racial Profiling (Texas) Stop and Search

Author: Levine, Harry G. Title: Arresting Blacks for Marijuana in California: Possession Arrests in 25 Cities, 2006-08 Summary: From 1990 through 2009, police departments in California made 850,000 arrests for possessing small amounts of marijuana, and half a million marijuana possession arrests in the last ten years. Since 1990, arrests for nearly every serious crime have declined in California. Yet arrests for possession of marijuana, usually for very small amounts, have tripled. In 2009 alone, police departments in California made 61,000 marijuana possession arrests. The people arrested were disproportionately African Americans and Latinos, and overwhelmingly young people, especially young men. The substantial disparities in marijuana possession arrest rates of whites and blacks cannot be explained by their patterns of marijuana use. This new report shows the racial disparities in the marijuana possession arrest rates of whites and blacks in 25 California cities. Police in these 25 major cities have arrested blacks for marijuana possession at four, five, six, seven, and up to twelve times the rate of whites. The cities discussed here have 10 million residents, about a quarter of California's total population. They have a combined African American population of nearly a million, almost half of all blacks in California. The arrest numbers for these 25 cities were obtained from the Justice Statistics Center of the California Department of Justice. The arrest and census data is averaged for three years, 2006 through 2008, to show that these racially-skewed or biased arrests were not a one-year fluke, but a consistent pattern extending over several years. Details: Los Angeles: Drug Policy Alliance, 2010. 22p. Source: Internet Resource: Accessed April 4, 2011 at: http://www.drugpolicy.org/docUploads/ArrestingBlacks.pdf Year: 2010 Country: United States URL: http://www.drugpolicy.org/docUploads/ArrestingBlacks.pdf Shelf Number: 121224 Keywords: Drug Offenses (California) Marijuana Arrests Racial Disparities

Author: Levine, Harry G. Title: Arresting Latinos for Marijuana in California: Possession Arrests in 33 Cities, 2006-08 Summary: The report documents widespread race-based disparities in the enforcement of low-level marijuana possession laws in California. In the last 20 years, California made 850,000 arrests for possession of small amounts of marijuana, and half a million arrests in the last 10 years. The people arrested were disproportionately African Americans and Latinos, overwhelmingly young people, especially young men. Yet, U.S. government surveys consistently find that young whites use marijuana at higher rates than young Latinos. From 2006 through 2008, major cities in California arrested and prosecuted Latinos for marijuana possession at double to nearly triple the rate of whites. Details: Los Angeles: Drug Policy Alliance, 2010. 20p. Source: Internet Resource: Accessed April 4, 2011 at: http://drugpolicy.org/docUploads/ArrestingLatinos.pdf Year: 2010 Country: United States URL: http://drugpolicy.org/docUploads/ArrestingLatinos.pdf Shelf Number: 121225 Keywords: Drug Offenses (California) Latinos Marijuana Racial Disparities

Author: Richetelli, Dorinda M. Title: A Second Reassessment of Disproportionate Minority Contact in Connecticut’s Juvenile Justice System Summary: A major issue facing juvenile justice practitioners and policymakers across the country is disproportionality and disparate treatment of racial and ethnic minority youth in the juvenile justice system. Various studies conducted across the nation on disproportionate minority contact in the juvenile justice system have found that: Racial and ethnic minorities are often greatly overrepresented in the juvenile justice system. The observed disproportionality cannot be explained by differences in delinquent behavior across racial and ethnic groups. Disparities were found in system processing of minority youth, even when controlling for social and legal background variables. The role of race/ethnicity in the processing of minority vs. White youth often varies by the offense type, the decision point within the system, and location. This is the third study in the State of Connecticut that examines disproportionate minority contact in the state’s juvenile justice system. The major goals for this study were to determine: What differences, if any, exist in decisions made for Black, Hispanic and White juveniles who are processed for similar types of offenses (e.g., Serious Juvenile Offenses, non-SJO felonies, misdemeanors, and violations) as they move through the juvenile justice system. If observed differences remain when controlling for offender and offense characteristics or are neutralized by predictor variables. If the system has improved in those areas found to be problematic in the two prior studies. The study assesses decisions made by the three components of the juvenile justice system: the police, Juvenile Court, and the Department of Children and Families. Details: Hartford, CT: Office of Policy and Management, Criminal Justice Policy and Planning Division, 2009. 75p. Source: Internet Resource: Accessed April 13, 2011 at: http://www.ct.gov/opm/lib/opm/cjppd/cjjjyd/jjydpublications/final_report_dmc_study_may_2009.pdf Year: 2009 Country: United States URL: http://www.ct.gov/opm/lib/opm/cjppd/cjjjyd/jjydpublications/final_report_dmc_study_may_2009.pdf Shelf Number: 121328 Keywords: Discrimination in Juvenile Justice Administration Juvenile Justice Systems Juvenile Offenders (Connecticut) Minority Groups Racial Disparities

Author: Steward, Dwight Title: Don't Mind If I Take a Look, Do Ya? An Examination of Consent Searches and Contraband Hit Rates at Texas Traffic Stops Summary: With the passage of Texas Senate Bill 1074 (S.B. 1074) in 2001, law enforcement agencies must now annually report detailed statistics concerning the race of individuals who are stopped and searched in their jurisdictions. For this study, reports from 1,060 agencies were collected, with a focus on search and contraband data. Specifically, analyses were conducted of total search figures, consent search figures, and contraband figures to determine if racial disparities existed – if so, such would indicate the targeting of certain racial groups for selective enforcement. Particular attention was given to examining potential racial disparities in consent searches, thereby eliminating from the analysis searches which may be outside of an officer’s discretion. Analyses of search data – combined with contraband hit rate data – would also help gauge the efficiency and legitimacy of current police practices. The entire dataset collected for this study includes several million police-civilian contacts representing the majority of traffic stops in Texas. This report analyzes each contributing agency’s self-reported statistics, as well as the quality of the reports produced, in order to better inform policy leaders, law enforcement agencies, and community members as they address the problem and the perception of racial profiling. This is the largest set of racial profiling data that has ever been collected and analyzed, and it is the first inter-department review of contraband data collected by Texas law enforcement agencies. The goals of this report are three-fold: • Analyze the racial distribution of total searches, consent searches, and contraband hit rates in Texas using self-reported data submitted by police and sheriff’s departments. • Review the quality of the racial profiling data collected and reported by law enforcement agencies. • Recommend solutions to better analyze and monitor racial profiling figures and deter ineffective law enforcement practices. Key Findings include the following: (1) Texas law enforcement agencies continue to search Blacks and Latinos at higher rates than Anglos: approximately 2 out of 3 agencies reported searching Blacks and Latinos at higher rates than Anglos following a traffic stop. 66% of agencies searched Blacks at higher rates than Anglos, while 69% of agencies searched Latinos at higher rates than Anglos. (2) Of the agencies that searched Blacks at higher rates often, 7 out of 10 (71%) searched Blacks at least 50% more frequently than they searched Anglos, representing a significant disparity in treatment between Anglos and Blacks. Of the agencies that searched Latinos at higher rates, 9 out of 10 (90%) searched Latinos at least 50% more frequently than they searched Anglos, representing a significant disparity in treatment between Anglos and Latinos. (3) Consent searches – performed without any legal basis to search – contributed significantly to general search disparities: approximately 3 out of 5 agencies reported consent searching Blacks and Latinos at higher rates than Anglos following a traffic stop. 61% of agencies consent searched Blacks at higher rates than Anglos, while 59% of agencies consent searched Latinos at higher rates than Anglos. (4) Of the agencies that consent searched Blacks at higher rates often, 3 out of 4 (75%) consent searched Blacks at least 50% more frequently than they consent searched Anglos, representing a significant disparity in treatment between Anglos and Blacks. Of the agencies that consent searched Latinos at higher rates, 3 out of 4 (74%) consent searched Latinos at least 50% more frequently than they consent searched Anglos, representing a significant disparity in treatment between Anglos and Latinos. (5) Patterns of over-searching Blacks and Latinos are consistent. Approximately 3 out of 4 agencies that searched Blacks at higher rates than Anglos also searched Latinos at higher rates than Anglos (75%), while 3 out of 5 agencies that consent searched Blacks at higher rates than Anglos also consent searched Latinos at higher rates than Anglos (61%). (6) Of the agencies that searched Blacks at higher rates, 51% were likely to find contraband in the possession of Anglos at higher rates than Blacks – meaning Anglos and Blacks were equally likely to be found with contraband. Of the agencies that searched Latinos at higher rates, 58% were likely to find contraband in the possession of Anglos at higher rates than Latinos – meaning Anglos were slightly more likely than Latinos to be found with contraband. (7) Racial disparities in search rates appear to be growing. Approximately 3 out of 5 agencies reported searching Blacks or Latinos at higher rates in 2003 than 2002 (60%). Note: this figure includes agencies with any increase in rates for Blacks or Latinos from 2002 to 2003. (8) The vast majority of agencies provided no mitigating information or insight to explain disparate search rates between Anglos and minorities, nor did contraband hit rates suggest efficient law enforcement practices were being utilized. (9) Auditing of data is non-existent or unreliable. Over half of agencies did not report using any data auditing procedures or audio-video review to ensure against human errors, technical errors, or data falsification. (10) Imprecision in both data quality and reporting restricts the usefulness of analysis. Ultimately, the lack of a generally accepted uniform reporting standard limited the accuracy of analysis involved for some reports filed by law enforcement agencies. Initial findings show that Blacks and Latinos in Texas communities are more likely to be searched, though Anglos are equally likely or more likely to be found with contraband during searches. High minority search rates are particularly evident in the area of consent searches – where searches cannot be explained by outside factors such as probable cause or outstanding warrants. Without some explanation of mitigating factors by law enforcement agencies, this would indicate that police are not only engaging in race-based policing but are ineffectively and inefficiently utilizing law enforcement resources. Agencies should identify and authenticate legitimate law enforcement practices that may be contributing to racial disparities in their data. Furthermore, in the absence of an explanation for disparate search and contraband rates, law enforcement leadership and policy-makers should take steps to monitor and reduce race-based policing. Details: Austin, TX: Texas Criminal Justice Colition, 2005. 56p. Source: Internet Resource: Accessed April 20, 2011 at: http://www.criminaljusticecoalition.org/files/userfiles/publicsafety/racial_profiling_report_2005.pdf Year: 2005 Country: United States URL: http://www.criminaljusticecoalition.org/files/userfiles/publicsafety/racial_profiling_report_2005.pdf Shelf Number: 121457 Keywords: Consent Searches Contraband Illegal Goods Police Discretion Racial Disparities Racial Profiling (Texas) Search and Seizure Traffic Stops

Author: Moss, Kary Title: Reclaiming Michigan's Throwaway Kids: Students Trapped in the School to Prison Pipeline Summary: This report documents the disproportionate suspensions of public students of African descent in a significant number of school districts throughout Michigan. The school-to-prison pipeline problem experienced by these students and others is due in significant part to the following: a.) Lack of universal access to quality education; b.) Institutional obstacles that limit educational opportunities of children enrolled in school; c.) The loss of educational opportunities by large numbers of students because competing institutional concerns displace consideration of what is in the best interest of the child; d.) Sometimes insurmountable obstacles to restoration of lost educational opportunities; e.) The criminalization of students who lose their educational opportunities. These problems are manifested in the following specific ways: Access to Education • Children have no “right” to an education. Michigan’s constitution [Art. 8, Section 2] requires only that the state “maintain and support” a system of free schools in a nondiscriminatory manner. By contrast, the constitutions of more than 30 states require, in some form, that the state provide all children with a quality education. Michigan is one of only eleven states that fail to give students a right to a quality or adequate education. Thus, when Michigan’s racially disparate suspension and expulsion patterns and other factors remove large numbers of children from the educational system many have no prospects for access to additional education or the means to re-enter the educational system. Institutional Threats to Educational Opportunities • Michigan’s “zero tolerance” expulsion law is broader in scope than federal law requires, and it increases the chances of expulsion for all students, including students of African descent who are already expelled at high rates. The impact of this law on expulsion rates is compounded when administrators decline to exercise permissible discretion when considering whether the law’s harsh penalties are appropriate. • The absence of uniform procedural guidelines for suspensions and expulsions has sometimes resulted in failure to provide adequate opportunities for accused students to be heard and to otherwise defend themselves against accusations of misconduct. • The absence of safeguards against cultural misunderstanding, cultural ignorance and cultural conflict that account to some extent for disproportionate discipline of black students. • Some school districts’ failure to comply with laws that require evaluation and/or treatment of students with disabilities prior to suspension or expulsion. • Mechanical application of rules leading to suspension and expulsion without use of discretion or individualized consideration of circumstances that indicate that exclusion of certain children from school is inappropriate. Loss of Educational Opportunities • In a significant number of Michigan school districts, students of African descent are suspended and expelled at rates that are disproportionately high relative to their representation in the school population. In contrast, white students tend to be disciplined at rates that are proportionate to their numbers, or disproportionately less than their representation in the school population. • Many students who are suspended longterm, or who are expelled drop out of school altogether. Obstacles to Restoration of Lost Educational Opportunities • The process for readmission to school after expulsion is complex and may present insurmountable obstacles to low-income families that lack the wherewithal to prepare and timely submit required petitions. • Many students who have been suspended long-term or expelled have no alternative opportunities for learning or other productive activities. A 1985 Attorney General’s opinion that concluded that school districts are not required to establish or maintain alternative education programs has apparently contributed to confusion about whether, when and by whom these programs should be established. Nevertheless, Michigan’s statutory framework suggests that in some way, the state is responsible for providing alternative education opportunities to students who are excluded from school for extended periods of time. The Criminalization of Students • When school administrators refer some student discipline matters to law enforcement agencies, there is a consequent criminalization of many students whose offenses would otherwise have been dealt with entirely by school officials. • The growing presence in schools of “school resource officers,” and police personnel generally has resulted in not only arrests of students on school premises, but also incidents of police misconduct on school grounds. • It costs the state more to maintain a prisoner than it does to educate a student. This results in not only an immediate financial loss, but a long-term loss of the productive capacity of former students. Details: Detroit: American Civil Liberties Union of Michigan, 2009. 76p. Source: Internet Resource: Accessed April 21, 2011 at: http://www.aclumich.org/sites/default/files/file/reclaimingmichigansthrowawaykids.pdf Year: 2009 Country: United States URL: http://www.aclumich.org/sites/default/files/file/reclaimingmichigansthrowawaykids.pdf Shelf Number: 121473 Keywords: Delinquency Prevention (Michigan) Education Racial Disparities School Crime School Discipline School Resource Officers School Suspensions Student Expulsion Zero Tolerance

Author: Alesina, Alberto F. Title: A Test of Racial Bias in Capital Sentencing Summary: This paper proposes a test of racial bias in capital sentencing based upon patterns of judicial errors in lower courts. We model the behavior of the trial court as minimizing a weighted sum of the probability of sentencing an innocent and that of letting a guilty defendant free. We define racial bias as a situation where the relative weight on the two types of errors is a function of defendant and/or victim race. The key prediction of the model is that if the court is unbiased, ex post the error rate should be independent of the combination of defendant and victim race. We test this prediction using an original dataset that contains the race of the defendant and of the victim(s) for all capital appeals that became final between 1973 and 1995. We find robust evidence of bias against minority defendants who killed white victims: In Direct Appeal and Habeas Corpus the probability of error in these cases is 3 and 9 percentage points higher, respectively, than for minority defendants who killed minority victims. Details: Cambridge, MA: National Bureau of Economic Research, 2011. 38p. Source: Internet Resource: NBER Working Paper Series; Working Paper 16981: Accessed May 3, 2011 at: http://papers.nber.org/papers/w16981 Year: 2011 Country: United States URL: http://papers.nber.org/papers/w16981 Shelf Number: 121584 Keywords: Capital Punishment Judicial Error Minorities Racial Bias Racial Disparities Sentencing

Author: Vermeire, Diana Tate Title: Balancing the Scales of Justice: An Exploration into How Lack of Education, Employment, and Housing Opportunities Contribute to Disparities in the Criminal Justice System Summary: At a time of growing need, California continues to slash basic safety net programs and underfund public education and other critical services. The state’s criminal justice system, however, does not turn anyone away. It has evolved into society’s catchall institution. As a result, California’s criminal justice system has experienced historic growth and a correlating mass incarceration of racial and ethnic minorities over the past 30 years. Consequently, people of color are disproportionately represented in the criminal justice system, and the number of women in the criminal justice system is increasing at a disproportionate rate. Systemic bias within the criminal justice system contributes to this disproportionality, but it is not the sole cause of the expansion of the system and the disparities within the system. Instead, the racial, ethnic, and gender disparities found within our criminal justice system are created in part by external socio-economic factors. External socio-economic factors, including adequate educational, employment, and housing opportunities, protect privileged individuals from contact with the criminal justice system. However, for those living in concentrated areas of poverty, especially racial and ethnic minorities, lack of access to basic necessities such as quality education, employment, and housing, increases the likelihood of criminal justice system contact. Moreover, the interventions meant to address socio-economic inequities are failing and as a result the criminal justice system is assuming the responsibilities of these failed governmental programs and agencies. With significant budget cuts for all social service institutions, the number of individuals served and the scope of available services continues to decrease. Socio-economic inequities contribute to disparities in the criminal justice system. Yet, due to a lack of data and research, it is impossible to measure the force and impact of these external factors on criminal justice system involvement and the extent to which they exacerbate the systemic and institutional bias and racism within the criminal justice system. Details: San Francisco: ACLU of Northern California and the W. Haywood Burns Institute, 2010. 23p. Source: Internet Resource: Accessed May 10, 2011 at: http://www.aclunc.org/docs/racial_justice/balancing_the_scales_of_justice.pdf Year: 2010 Country: United States URL: http://www.aclunc.org/docs/racial_justice/balancing_the_scales_of_justice.pdf Shelf Number: 121702 Keywords: Bias Criminal Justice Systems (California) Education Employment Housing Minorities Racial Disparities Socioeconomic Status

Author: New Zealand. Department of Corrections, Policy Development Group, Strategic Analysis Team Title: Maori Offenders and Home Detention: Analysis of a One-Year Cohort Summary: A clear disparity has been identified between Maori and New Zealand European offenders with respect to both “leave to apply” for Home Detention, and approval of applications to the Parole Board. A statistically-based analysis was undertaken to investigate possible reasons for this disparity. This indicated that Maori offenders potentially eligible for Home Detention tended to present with more extensive offending histories, including failure to comply with previous sentences and orders. Such characteristics largely (though not entirely) explained the lower rates with which Maori obtained access to Home Detention. Details: Wellington, NZ: New Zealand Department of Corrections, 2007. 34p. Source: Internet Resource: Accessed August 26, 2011 at: http://www.corrections.govt.nz/__data/assets/pdf_file/0004/258862/maori-offenders-and-home-detention-study.pdf Year: 2007 Country: New Zealand URL: http://www.corrections.govt.nz/__data/assets/pdf_file/0004/258862/maori-offenders-and-home-detention-study.pdf Shelf Number: 116484 Keywords: Alternatives to Incarceration (New Zealand) Home Detention Indigenous Peoples Racial Disparities

Author: Eichler, Thomas P. Title: Race and Incarceration in Delaware: A Preliminary Consideration Summary: Delaware has one of the highest incarceration rates of any state, in a nation with the world’s highest incarceration rate. However, even more disturbing is that Blacks, who are 20 % of the general population in Delaware, are disproportionately represented between those being arrested and jailed, particularly for drug offenses. Analysis of available data indicates that Blacks are being funneled into Delaware’s prisons far beyond any explanation that can be made from either rates of arrest or illicit drug use. Consider the following facts: Prison sentences: · Whites are 56% of those arrested, · But Blacks are 64% of those sentenced to a jail or prison term. Drug use: · Whites are an estimated 73% of those using illicit drugs, · But Blacks are 86% of those doing time for drug charges. Drug Treatment: · Whites are 59% of the admissions to the State’s community drug treatment programs; · But Blacks are a majority of those getting drug treatment in prison. When you look at Delaware’s prison census, you will see that Blacks comprise almost two-thirds of the prison population and are 86.8% of those incarcerated for drug offenses. In fact, Blacks account for two-thirds of the 344% increase in Delaware’s prison capacity over 20 years. From the data, we can derive a disturbing conclusion: White offenders enjoy a revolving door back to the community compared to Black offenders, who are disproportionately sent to prison. Unequal risk of incarceration As this report delineates, the risk of a White arrestee being sentenced to incarceration is only 40 % of the risk that a Black arrestee faces. Further, among arrestees on drug charges, the chance that a White drug offender will be sentenced to a prison term (one year or more) is only 21% of that faced by Black arrestees. Three Significant Findings This report presents three significant findings based on the data. 1. Blacks in Delaware are disproportionately represented in Delaware’s criminal justice system versus their representation in the population at large. 2. As Delaware expanded its use of incarceration for drug offenses, Blacks have borne the brunt of the increase. 3. While the reasons for Black disproportionate representation in the DOC census are complex, several indicators raise questions about possible disparate consequences for illicit activity. These facts set off many alarms ranging from questions about the quality of justice for Blacks to the effectiveness of public safety regarding White offenders. While more needs to be done to analyze the reasons for these disparities, some effective remedial steps can be taken now. Details: Wilmington, DE: Delaware Center for Justice and Metropolitan Wilmington Urban League, 2005p. 28p. Source: Internet Resource: Accessed September 29, 2011 at: http://www.prisonpolicy.org/scans/RaceIncarceration.pdf Year: 2005 Country: United States URL: http://www.prisonpolicy.org/scans/RaceIncarceration.pdf Shelf Number: 122958 Keywords: Incarceration Rates (Delware) Minorities Race and Crime Racial Disparities

Author: Delaware. Statistical Analysis Center Title: Race and Incarceration in Delaware: A Report to the Delaware General Assembly Summary: Delaware, like many other states, has significant racial disparities in arrests and incarceration when criminal justice statistics are compared to general population figures. Based on data from the 2000 to 2005 time frame, the following figures give a general sense of disproportionate minority representation in the state’s criminal justice system. Blacks are about 20 percent of the state’s general population. Blacks account for about 42 percent of statewide arrests. Blacks comprise about 64 percent of the state’s incarcerated population. In 2006, Delaware’s House Judiciary Committee created a Race and Incarceration Subcommittee to investigate criminal justice racial fairness. The Statistical Analysis Center was directed to study processes from arrest to sentencing. This preliminary phase involved detailed analysis of only adult males arrested in 2005. Race and ethnicity were combined for four race/ethnic groups. o Black, White, Hispanic, and Other. Five crime groups, in the following hierarchical order, were selected for analysis. o Rape, robbery, felony assault, burglary, and drug dealing. Cases involving homicide or attempted homicide were excluded from study. Analysis of 2005 criminal justice data relating to adult males shows that in three crimes against persons (rape, robbery, and felony assault), racial disparities in the criminal justice system in Delaware are primarily explained by disparities in reported criminal activity rather than selective enforcement. No other definitive conclusions can yet be drawn regarding other aspects of the system; nevertheless, a broad overview of criminal justice statistics from arrest through sentencing shows some significant racial disparities that cannot be ignored. It is important to distinguish between statistical disparities and whether those disparities actually reflect racial bias at any stage of the criminal justice process. As indicated later in this report, this overview shows a clear need to delve into these statistics to determine if there is racial bias or if the racial disparities reflect factors unrelated to the criminal justice system, or some combination of both. The Criminal Justice Statistical Review Committee is fully sensitive to the principle that the criminal justice system must not only be fair in how it operates but also in how it is perceived. Such perception is itself a key component of the support of all citizens in their view of how the criminal justice system operates. Details: Dover, DE: Delaware Statistical Analysis Center, 2011. 27p. Source: Internet Resource: Accessed September 29, 2011 at: http://sac.omb.delaware.gov/publications/documents/RaceAndIncarceration.pdf Year: 2011 Country: United States URL: http://sac.omb.delaware.gov/publications/documents/RaceAndIncarceration.pdf Shelf Number: 122959 Keywords: Minorities Race and Crime Racial Disparities Sentencing (Delaware)

Author: Hartney, Christopher Title: Created Equal: Racial and Ethnic Disparities in the US Criminal Justice System Summary: African Americans make up 13% of the general US population, yet they constitute 28% of all arrests, 40% of all inmates held in prisons and jails, and 42% of the population on death row. In contrast, Whites make up 67% of the total US population and 70% of all arrests, yet only 40% of all inmates held in state prisons or local jails and 56% of the population on death row. Hispanics and Native Americans are also alarmingly overrepresented in the criminal justice system. This overrepresentation of people of color in the nation’s criminal justice system, also referred to as disproportionate minority contact (DMC), is a serious issue in our society. DMC has been the subject of concern in the juvenile justice system since 1988, when a federal mandate required states to address the issue for system-involved youth. This mandate led to an increase in the information on racial disparities in the juvenile system and efforts to reduce these numbers. However, no such efforts have been made in the adult system. This report documents DMC in the adult criminal justice system by tabulating the most reliable data available. It does not seek to thoroughly describe the causes of DMC nor does it perform an advanced statistical analysis of how various factors impact disparity. Disproportionate representation most likely stems from a combination of many different circumstances and decisions. It is difficult to ascertain definitive causes; the nature of offenses, differential policing policies and practices, sentencing laws, or racial bias are just some of the possible contributors to disparities in the system. Some studies have begun to explore these issues and are so cited, but the purpose of this report is to describe the nature and extent of the problem. DMC is problematic not only because persons of color are incarcerated in greater numbers, but because they face harsher penalties for given crimes and that the discrepancies accumulate through the stages of the system. This report presents the data on DMC in arrests, court processing and sentencing, new admissions and ongoing populations in prison and jails, probation and parole, capital punishment, and recidivism. At each of these stages, persons of color, particularly African Americans, are more likely to receive less favorable results than their White counterparts. The data reveal that, overall, Hispanics are also overrepresented, though to a lesser extent than African Americans, and that Asian Pacific Islanders as a whole are generally underrepresented. Correcting DMC in the adult system will require improvements in state and federal data collection. In contrast to juvenile DMC data, much of which can be found from a single source and can often be compared across the stages of the juvenile system, data for the adult system are only available through several independent federal and state data collection programs. Each dataset uses different sampling methods, in effect, obscuring how DMC accumulates in the system. All data in this report reflect national figures; when possible, data by state are also presented. All data reported are categorized by race and, when possible, by ethnicity. The latest available data are usually from 2003 to 2006. Most data are reported as a Relative Rate Index, a ratio of the rates at which people of color and Whites are represented in the system relative to their representation in the general population. Failing to separate ethnicity from race hides the true disparity among races, as Hispanics — a growing proportion of the system’s population—are often combined with Whites, which has the effect of inflating White rates and deflating African American rates in comparison. Asian American system populations, while small in comparison to the other groups, also need to be disaggregated. Disaggregation of “Asian,” for instance, allows researchers to assess subgroups such as Vietnamese, Chinese, Indian, Japanese, etc., some of which may have disproportion even when the overall group does not. Despite the shortcomings of the data, this report shows clearly that people of color are overrepresented throughout the adult system and that the system often responds more harshly to people of color than to Whites for similar offenses. Details: Oakland, CA: National Council on Crime and Delinquency, 2009. 44p. Source: Internet Resource: Accessed October 5, 2011 at: http://www.nccd-crc.org/nccd/pdf/CreatedEqualReport2009.pdf Year: 2009 Country: United States URL: http://www.nccd-crc.org/nccd/pdf/CreatedEqualReport2009.pdf Shelf Number: 113857 Keywords: African Americans Criminal Justice Systems (U.S.) Disproportionate Minority Contact Minority Groups Racial Disparities

Author: Losen, Daniel J. Title: Discipline Policies, Successful Schools, and Racial Justice Summary: In March of 2010, Secretary of Education Arne Duncan delivered a speech that highlighted racial disparities in school suspension and expulsion and that called for more rigorous civil rights enforcement in education. He suggested that students with disabilities and Black students, especially males, were suspended far more often than their White counterparts. These students, he also noted, were often punished more severely for similar misdeeds. Just months later, in September of 2010, a report analyzing 2006 data collected by the U.S. Department of Education’s Office for Civil Rights found that more than 28% of Black male middle school students had been suspended at least once. This is nearly three times the 10% rate for white males. Further, 18% of Black females in middle school were suspended, more than four times as often as white females (4%). Later that same month, U.S. Attorney General Eric Holder and Secretary Duncan each addressed a conference of civil rights lawyers in Washington, D.C., and affirmed their departments’ commitment to ending such disparities. This policy brief reviews what researchers have learned about racial disparities in school discipline, including trends over time and how these disparities further break down along lines of gender and disability status. Further, the brief explores the impact that school suspension has on children and their families, including the possibility that frequent out-of-school suspension may have a harmful and racially disparate impact. As part of the disparate impact analysis, the brief examines whether frequent disciplinary exclusion from school is educationally justifiable and whether other discipline policies and practices might better promote a safe and orderly learning environment while generating significantly less racial disparity. Findings of this brief strongly suggest a need for reform. A review of the evidence suggests that subgroups experiencing disproportionate suspension miss important instructional time and are at greater risk of disengagement and diminished educational opportunities. Moreover, despite the fact that suspension is a predictor of students’ risk for dropping out, school personnel are not required to report or evaluate the impact of disciplinary decisions. Overall, the evidence shows the following: there is no research base to support frequent suspension or expulsion in response to non-violent and mundane forms of adolescent misbehavior; large disparities by race, gender and disability status are evident in the use of these punishments; frequent suspension and expulsion are associated with negative outcomes; and better alternatives are available. Details: Boulder, CO: National Education Policy Center, 2011. 34p., appendix Source: Internet Resource: Accessed October 21, 2011 at: http://greatlakescenter.org/docs/Policy_Briefs/Losen_Discipline_PB.pdf Year: 2011 Country: United States URL: http://greatlakescenter.org/docs/Policy_Briefs/Losen_Discipline_PB.pdf Shelf Number: 123073 Keywords: Racial Disparities School Crime School Discipline School Disciplines

Author: Washington (State). Task Force on Race and the Criminal Justice System. Research Working Group Title: Preliminary Report on Race and Washington’s Criminal Justice System Summary: In 1980, of all states, Washington had the highest rate of disproportionate minority representation in its prisons. Today, minority racial and ethnic groups remain disproportionately represented in Washington State’s court, prison, and jail populations, relative to their share of the state’s general population. The fact of racial and ethnic disproportionality in our criminal justice system is indisputable. Our research focused on trying to answer why these disproportionalities exist. We examined differential commission rates, facially neutral policies, and bias as possible contributing causes. We found that the assertion attributed to then-Justice Sanders, that “African Americans are overrepresented in the prison population because they commit a disproportionate number of crimes,” is a gross oversimplification. Many studies of particular Washington State criminal justice practices and institutions find that race and ethnicity influence criminal justice outcomes over and above commission rates. Moreover, global assertions about differential crime commission rates are difficult to substantiate. Most crime victims do not report crimes and most criminal offenders are never arrested. We never truly know exact commission rates. If problematic arrest rates are used as a proxy for underlying commission rates, 2009 data shows that 36% of Washington’s imprisonment disproportionality cannot be accounted for by disproportionality at arrest. We reviewed research that focused on particular areas of Washington’s criminal justice system, and conclude that much of the disproportionality is explained by facially neutral policies that have racially disparate effects. For the areas, agencies, and time periods that were studied, the following disparities were found:  In Washington’s juvenile justice system, it has been found that similarly situated minority juveniles face harsher sentencing outcomes and disparate treatment by probation officers.  Defendants of color were significantly less likely than similarly situated White defendants to receive sentences that fell below the standard range.  Among felony drug offenders, Black defendants were 62% more likely to be sentenced to prison than similarly situated White defendants.  With regard to legal financial obligations, which are now a common though largely discretionary supplement to prison, jail, and probation sentences for people convicted of crimes, similarly situated Latino defendants receive significantly greater legal financial obligations than their White counterparts. 2011).  Disparate treatment has been discovered in the context of pretrial release decisions, which systematically disfavor minority defendants.  Regarding the enforcement of drug laws, researchers have discovered a focus on crack cocaine – a drug associated with Blacks stereotypically and in practice – at the expense of other drugs, and the focus on crack cocaine results in greater disproportionality, without a legitimate policy justification.  This disparity in drug law enforcement informs related asset forfeitures, which involve distorted financial incentives for seizing agencies and facilitate further disparity.  With regard to the Washington State Patrol, researchers have found that although racial groups are subject to traffic stops at equitable rates, minorities are more likely to be subjected to searches, while the rate at which searches result in seizures is lower for minorities.  This disparity in traffic law enforcement informs the disproportionate imposition of “Driving While License Suspended” charges, which inflicts disparate financial costs. In all of these areas, facially neutral policies resulted in disparate treatment of minorities over time. Disproportionality also is explained in part by the prevalence of racial bias – whether explicit or implicit – and the influence of bias on decision-making within the criminal justice system. Race (and in particular racial stereotypes) plays a role in the judgments and decision-making of human actors within the criminal justice system. The influence of such bias is subtle and often undetectable in any given case, but its effects are significant and observable over time. When policymakers determine policy, when official actors exercise discretion, and when citizens proffer testimony or jury-service, bias often plays a role. To sum up:  We find the assertion that Black disproportionality in incarceration is due solely to differential crime commission rates is inaccurate.  We find that facially neutral policies that have a disparate impact on people of color contribute significantly to disproportionalities in the criminal justice system.  We find that racial and ethnic bias distorts decision-making at various stages in the criminal justice system, thus contributing to disproportionalities in the criminal justice system.  We find that race and racial bias matter in ways that are not fair, that do not advance legitimate public safety objectives, that produce disparities in the criminal justice system, and that undermine public confidence in our legal system. Details: Seattle, WA: Task Force on Race and the Criminal Justice System, 2011. 83p. Source: Internet Resource: Accessed January 18, 2012 at: http://www.law.washington.edu/About/RaceTaskForce/preliminary_report_race_criminal_justice_030111.pdf Year: 2011 Country: United States URL: http://www.law.washington.edu/About/RaceTaskForce/preliminary_report_race_criminal_justice_030111.pdf Shelf Number: 123658 Keywords: Bias Criminal Justice Systems (Washington State) Race and Crime Racial Disparities

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: Bias Courts Criminal Justice Reform Criminal Justice Systems (Pennsylvania) Discrimination Gender Racial Disparities

Author: Sumner, Michael D. Title: School-Based Restorative Justice as an Alternative to Zero-Tolerance Policies: Lessons from West Oakland Summary: In this report we examine a pilot restorative justice program at a school that primarily served students of color from low-income families. We document the implementation of the program at Cole Middle School in West Oakland, California, and the observations and perceptions of those who participated in it. We also draw lessons from Cole’s experiences that we hope will be helpful to those interested in implementing school-based restorative justice. Restorative justice is an alternative to retributive zero-tolerance policies that mandate suspension or expulsion of students from school for a wide variety of misbehaviors including possession of alcohol or cigarettes, fighting, dress code violations, and cursing. Although zero-tolerance policies have resulted in substantial increases in student suspensions and expulsions for students of all races, African American and Hispanic/Latino youth are disproportionately impacted by a zero-tolerance approach. Under zero tolerance, suspensions and expulsions can directly or indirectly result in referrals to the juvenile and adult criminal systems where African American and Hispanic/Latino youth are also disproportionately represented. This phenomenon, part of a process that criminalizes students, has been termed the school-to-prison pipeline. Proponents of restorative justice have begun to promote school-based restorative justice as an alternative to zero-tolerance policies. Restorative justice is a set of principles and practices grounded in the values of showing respect, taking responsibility, and strengthening relationships. When harm occurs, restorative justice focuses on repair of harm and prevention of re-occurrence. Although preliminary research suggests that school-based restorative justice reduces violence, school suspensions, expulsions, and referrals to the juvenile and criminal justice systems, little research looks at the impact of restorative justice programs as an alternative to zero-tolerance policies for youth of color. This research seeks to fill that gap. The findings presented in this report are based on a case study of a single school conducted by researchers at the Thelton E. Henderson Center for Social Justice at the University of California, Berkeley, School of Law. Data are drawn from observations, openended interviews and a questionnaire along with statistics collected from published reports from the Oakland Unified School District (OUSD) and the California Department of Education. Details: Berkeley, CA: Thelton E. Henderson Center for Social Justice, University of California, Berkeley, School of Law, 2010. 40p. Source: Internet Resource: Accessed on January 26, 2012 at http://www.law.berkeley.edu/files/11-2010_School-based_Restorative_Justice_As_an_Alternative_to_Zero-Tolerance_Policies.pdf Year: 2010 Country: United States URL: http://www.law.berkeley.edu/files/11-2010_School-based_Restorative_Justice_As_an_Alternative_to_Zero-Tolerance_Policies.pdf Shelf Number: 123776 Keywords: Delinquency Prevention Education Racial Disparities Restorative Justice School Crime School Discipline School Suspensions Student Expulsion Zero Tolerance

Author: Speir, John C. Title: Georgia Urban and Rural Arrest and Incarceration Rates: Examining Racial Patterns Summary: Georgia has witnessed a dramatic increase in its prison incarceration rate over the past fifteen years. Our last report (April 1, 2000), examined trends in crime, arrest and prison incarceration rates and highlighted dramatically different patterns in all three between urban and rural Georgia. These patterns raise questions about criminal justice system processing of whites and African-Americans residing in urban and rural counties. The purpose of this Special Research Report is to examine racial differences in Georgia'’s arrest and prison incarceration trends. The timing of this discussion is of particular importance as Georgia considers the establishment of statewide uniform and consistent responses to crime. Details: Atlanta, GA: Applied Research Services, 2000. 7p. Source: Special Research Report: Internet Resource: Accessed February 19, 2012 at http://ars-corp.com/_view/PDF_Files/GeorgiaUrban_RuralArrest_IncarcerateRates2000.pdf Year: 2000 Country: United States URL: http://ars-corp.com/_view/PDF_Files/GeorgiaUrban_RuralArrest_IncarcerateRates2000.pdf Shelf Number: 124195 Keywords: Arrest Rates (Georgia) Incarceration Rates Racial Disparities Rural Crime Urban Crime

Author: Rehavi, M. Marit Title: Racial Disparity in Federal Criminal Charging and Its Sentencing Consequences Summary: This paper assesses the extent to which the large disparities in sentencing outcomes between black and white defendants can be explained by disparities in prosecutors' initial choice of charges, a critical stage overlooked by existing studies of sentencing disparities. To analyze charging, we pair newly constructed measures of charge severity with a newly linked dataset that traces federal cases from the arrest through sentencing. We find that black arrestees, especially black males, face significantly more severe charges conditional on arrest offense and other observed characteristics. The disparities in the use of charges that carry mandatory minimum sentences are particularly striking. These disparities appear to be major drivers of sentencing disparity. Black males face significantly longer sentences than white males do, on average and at almost every decile of the sentence-length distribution, even after conditioning on arrest offense, criminal history, district, and age. However, the addition of controls for initial charges renders most of these disparities insignificant. Indeed, the otherwise-unexplained racial disparities at the mean and at most of the deciles can be almost entirely explained by disparities in a single prosecutorial decision: whether to file a charge carrying a mandatory minimum sentence. Details: Ann Arbor, MI: University of Michigan Law School, 2012. 59p. Source: Internet Resource: U of Michigan Law & Econ, Empirical Legal Studies Center Paper No. 12-002: Accessed March 2, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1985377 Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1985377 Shelf Number: 124348 Keywords: Prosecution Prosecutorial Discretion Prosecutors Punishment Racial Disparities Sentencing (U.S.)

Author: Paulhus, Elizabeth Title: Stemming the Tide: The Racial and Economic Impacts of West Virginia's Prison System Summary: Despite a relatively stable crime rate, West Virginia is facing a growing prison population, which currently is larger than the capacity of the existing state prisons. As a result, many state prisoners are being housed in regional jails where they cannot access educational and supportive services offered by the Division of Corrections. With more individuals serving sentences in prison, there is a growing financial burden on the state. This population increase is associated with an increase in prison spending, with a growing percentage of the General Revenue fund going toward the Division of Corrections. Prison population growth and its associated overcrowding are not only criminal justice issues, but also fiscal concerns for West Virginia. This growth in the prison population in a state with little total population growth and a stable crime rate is in part the effect of sentencing patterns that place offenders into prison rather than into alternatives like community corrections and give them long sentences, as well as a reduction in the rate of granting parole. It also is a result of the shift from understanding prison as a place of rehabilitation to one of punishment that accompanied the “war on drugs” and the movement in the 1970s toward harsher sentences and being tough on crime. The growing prison population appears to be mainly the result of structures and policies, rather than an increase in crime. Although overcrowding and housing inmates in regional jails may seem like new issues, they have actually plagued West Virginia for decades, even culminating in several lawsuits. After the U.S. Supreme Court ruled that the overcrowding in California was unconstitutional, calling it “cruel and unusual,” states like West Virginia are anxious to find solutions to their own overcrowding problems. Although one option recommended during the 2011 legislative interim sessions is the building of a new 1,200- bed medium security prison at a cost of $120 to $200 million (not including annual operating costs), opponents argue that “state governments cannot build their way out of the overcrowding problems.” A better option is to find ways to reduce the prison population by decreasing the number of offenders entering the system and increasing the number exiting from it. West Virginia could consider several options for reducing prison admissions, such as: Expanding drug courts to every county and creating mental health courts. This would ensure that inmates in need of substance use or mental health care treatment would receive it; and Increasing the use of alternative sanctions for technical parole and probation violators. This could take the form of more traditional methods like electronic monitoring and day report centers, or could mean the creation of “halfway back centers” that would provide support services and programs. The state could also reduce the length of time that inmates spend in prison and increase the number exiting from the prison system by: Conducting a comprehensive review of its criminal code and comparing sentencing patterns to those in other states; Seeking ways to increase the number of inmates released to parole, which not only would reduce the prison population but also would give the inmates access to supportive services in their transition back into society; and Expanding its current “good time” credits to include the completion of educational and other programs rather than just simply good behavior. Key findings include: Many state prisoners are being housed in regional jails, where they lack access to various educational and rehabilitative services. In 2009, approximately 20 percent of the Division of Corrections population was housed in regional jails, while an additional seven percent was housed at the Stevens Correctional Center/McDowell County Corrections; Most state prisoners in West Virginia are not high risk. Only 10 percent are classified as maximum security. One in three inmates can work outside the confines of the prison or is eligible for community-based placements; Many state prisoners struggle with mental illness, substance abuse, or the co-occurence of the two. Many of these individuals would benefit more from treatment and rehabilitation than from regular incarceration; African Americans are disproportionately represented in the West Virginia prison system, and are four times more likely than whites to be in prison; The majority of recidivists in West Virginia are picked up for technical parole violations, not new crimes; Only five percent of state prisoners have more than a high school degree, compared with 43 percent of the state as a whole. As such, educational programs for inmates in prison are crucial to help them develop the skills and knowledge to be more competitive workers in the future; The cost of housing an inmate in prison is nearly 20 times greater than putting someone on parole or probation. Yet West Virginia had 6,200 inmates in prison in 2010 and only 1,264 in-state parolees; and West Virginia had the nation’s second highest growth in general revenue spending on corrections between 1990 and 2010. Details: Charleston, West Virginia: West Virginia Center on Budget and Policy, 2012. 27p. Source: Internet Resource: Accessed March 20, 2012 at http://www.wvpolicy.org/downloads/PrisonReport022212.pdf Year: 2012 Country: United States URL: http://www.wvpolicy.org/downloads/PrisonReport022212.pdf Shelf Number: 124610 Keywords: Adult Corrections (West Virginia) Correctional Administration (West Virginia) Correctional Programs Corrections Reform Demographic Trends Racial Disparities

Author: Fischman, Joshua B. Title: Racial Disparities, Judicial Discretion, and the United States Sentencing Guidelines Summary: The United States Sentencing Guidelines were instituted to restrict judicial discretion in sentencing, in part to reduce unwarranted racial disparities. However, judicial discretion may also mitigate disparities that result from prosecutorial discretion or Guidelines factors that have disparate impact. To measure the impact of judicial discretion on racial disparities, we examine doctrinal changes that affected judges’ discretion to depart from the Guidelines. We find that racial disparities are either reduced or little changed when the Guidelines are made less binding. Racial disparities increased after recent Supreme Court decisions declared the Guidelines to be advisory; however, we find that this increase is due primarily to the increased relevance of mandatory minimums. Our findings suggest that judicial discretion does not contribute to, and may in fact mitigate, racial disparities in Guidelines sentencing. Details: Charlottesville, VA: University of Virginia School of Law, 2012. 39p. Source: Internet Resource: University of Virginia School of Law Public Law and Legal Theory Research Paper Series No. 2012-02: Accessed April 4, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1636419 Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1636419 Shelf Number: 124815 Keywords: Judicial Discretion Racial Disparities Sentencing Guidelines (U.S.)

Author: Baradaran, Shima Title: Race, Prediction & Discretion Summary: Many scholars and political leaders denounce racism as the cause of disproportionate incarceration of black Americans. All players in this system have been blamed including the legislators who enact laws that disproportionately harm blacks, police who unevenly arrest blacks, prosecutors who overcharge blacks, and judges that fail to release and oversentence black Americans. Some scholars have blamed the police and judges who make arrest and release decisions based on predictions of whether defendants will commit future crimes. They claim that prediction leads to minorities being treated unfairly. Others complain that racism results from misused discretion. This article explores where racial bias enters the criminal justice system through an empirical analysis that considers the impact of discretion and prediction. With a close look at the numbers and consideration of factors ignored by others, this article confirms some conventional wisdom but also makes several surprising findings. This article confirms what many commentators have suspected—that police arrest black defendants more often for drug crimes than white defendants. It also finds, contrary to popular belief, that there is little evidence to support the belief that drugs are linked to violent crime. Also, judges actually detain white defendants more than similarly-situated black defendants for all types of crimes. The important and surprising findings in this article challenge long-held conventions of race and help mitigate racial disparity in criminal justice. Details: Unpublished paper, 2012. 64p. Source: Internet Resource: Accessed April 9, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2035064 Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2035064 Shelf Number: 124888 Keywords: Discretion Prediction Racial Bias Racial Disparities

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 Americans Arrest and Apprehension Discrimination Drug Offenders (San Francisco) Felony Drug Arrests Racial Disparities Racial Profiling, Drug Offenders

Author: Taylor, Rachel S. Title: Kept Out: Barriers to Meaningful Education in the School-To-Prison Pipeline Summary: In the United States today, a large subset of our student population is denied the right to an education. Most of these youth, low-income and at-risk, are already particularly vulnerable, yet rather than being provided support services and a meaningful education, they are labeled “undesirable” or “bad kids.” Denying access to education can produce life-altering results for any student, and for these vulnerable youth the effects are often especially dire. “Keep Out” is a phenomenon that occurs when students try to reenter a setting where they can access meaningful education and are denied by the policies and practices of the education and juvenile justice systems. Keep Out is a part of the larger School-To-Prison Pipeline. The Pipeline includes disciplinary and discretionary policies that push youth out of school and into the criminal justice system. Students of color, low-income students, and students with disabilities are disproportionately affected. This report is the product of interviews with over 100 stakeholders — including students, teachers, administrators, probation officers, education advocates, and many others — in Los Angeles, California, all of whom were interviewed in January of 2012. These interviews tell the stories of students who were unable to access education after being removed from school, often for disciplinary reasons. The report is organized around three main findings: “You Can’t Come Back” deals with direct Keep Out and tells the stories of students who, when trying to reenter their schools, were denied access or transferred away. Schools use a variety of excuses and evade general school-access requirements in order to keep these students out. • School safety concerns are often cited to justify student exclusion, which affects particularly vulnerable groups of students including youth on probation, girls who are pregnant, students with perceived and actual disciplinary problems, or those who are or are thought to be academically low performing. • Some students are kept out based on the rationale that they are too old, have too few credits, or some combination of the two. • Schools deny students access to education by transferring them away to schools that are physically inaccessible or unsafe for that student. “Slipping Through the Cracks” discusses indirect Keep Out and addresses what happens to students who are unable to reenter school because of administrative and logistical barriers. • Inadequate crediting and record keeping in alternative and juvenile justice schools impede students’ return to traditional schools by making enrollment and completion of sufficient credits for graduation nearly impossible. • Lack of coordination and planning among alternative schools, juvenile justice schools, and traditional schools prevents students from transitioning back to traditional schools. • Traditional schools are able to keep students out because students and families do not know the extent of their educational rights or how to enforce them. “School Is Not for Me” explains constructive Keep Out and highlights the stories of students whose school experiences have been so discouraging and inadequate that they have given up on pursuing a traditional education. • A lack of wrap-around services in traditional schools means that students’ most basic needs are often unmet, leaving little room for students and families to focus on education. • Students are not always given the support they need to succeed and are often harshly stigmatized when they are suspended, expelled, or associated with the criminal justice system. • Even if students are able to get back into a classroom, alternative and juvenile justice system schools often lack a consistent education that meets students’ needs. Details: Washington, DC: Georgetown Law School Human Rights Institute, 2012. 84p. Source: Internet Resource: Accessed May 8, 2012 at: http://www.law.georgetown.edu/humanrightsinstitute/documents/keptout.pdf Year: 2012 Country: United States URL: http://www.law.georgetown.edu/humanrightsinstitute/documents/keptout.pdf Shelf Number: 125166 Keywords: Education Juvenile Delinquency Prevention Racial Disparities School Crime School Discipline School Suspensions (U.S.) School-to-Prison Pipeline Zero Tolerance

Author: Phillips, Scott Title: Continued Racial Disparities in the Capital of Capital Punishment? The Rosenthal Era Summary: Given the substantial amount of research that has been conducted throughout the United States regarding the relationship between race and capital punishment, one might assume that much of the attention has been focused on Harris County, Texas. After all, Harris County -- home to Houston and surrounding areas -- is the capital of capital punishment. Indeed, if Harris County were a state it would rank second in executions after Texas. Yet only one study has examined whether race influences the death penalty in Houston. Specifically, Phillips (2008) reports that death was more likely to be imposed against black defendants, and more likely to be imposed on behalf of white victims, during the period from 1992 to 1999 -- the final years of Johnny Homes tenure as District Attorney. After Holmes retired, Charles Rosenthal served as District Attorney from January 1, 2001 to February 15, 2008. Did racial disparities continue during the Rosenthal administration? The current research suggests that the impact of defendant race disappeared, but the impact of victim race continued: death sentences were imposed on behalf of white victims at 2.5 times the rate one would expect if the system were blind to race, and death sentences were imposed on behalf of white female victims at 5 times the rate one would expect if the system were blind to race and gender. Such disparities are particularly troubling because Rosenthal was forced out of office in a scandal that included racist emails. Given the disparities, coupled with racist emails from the elected official who decides whether to seek the death penalty, the paper contemplates a key question: Should the state of Texas be allowed to execute inmates who were sentenced to death in Harris County during the Rosenthal administration? Details: Denver: University of Denver Sturm College of Law, 2012. 30p. Source: Internet Resource: U Denver Legal Studies Research Paper No. 12-05: Accessed May 10, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2033905## Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2033905## Shelf Number: 125242 Keywords: Capital Punishment (Texas) Death Penalty Racial Bias Racial Disparities

Author: Kutateladze, Besiki Title: Do Race and Ethnicity Matter in Prosecution?: A Review of Empirical Summary: Vera’s Prosecution and Racial Justice Program (PRJ) conducted a review of 34 empirical studies on the relationship of race and ethnicity to prosecutorial decision making published between 1990 and 2011 in peer-reviewed journals. The literature review distills the research and provides a reference resource for a diverse audience—including academics, practitioners, and interested generalists—about the current state of the debate on these subjects. The aim of the literature review is to encourage additional empirical research on the relationship between race and prosecution by identifying areas that need further study; provide prosecutors and other criminal justice practitioners with a frame of reference in which to assess their own practices; and strengthen the general public’s understanding of the criminal justice system. Details: New York: Vera Institute of Justice, 2012. 24p. Source: Internet Resource: Accessed June 27, 2012 at: http://www.vera.org/files/race-and-ethnicity-in-prosecution-first-edition.pdf Year: 2012 Country: United States URL: http://www.vera.org/files/race-and-ethnicity-in-prosecution-first-edition.pdf Shelf Number: 125415 Keywords: Prosecution Race/Ethnicity Racial Disparities

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: Discrimination Juvenile Justice System (Nebraska) Minority Groups Racial Disparities

Author: George, Thomas P. Title: School Engagement and Juvenile Offending Among Maltreated Youth Who Vary by Race/Ethnicity, Gender, and Type of Child Maltreatment Summary: Child maltreatment is a pervasive social problem affecting millions of children and their families every year. While past research has documented the short and long-term deleterious outcomes of abused and neglected children, variations in outcomes based on type of maltreatment, race/ethnicity, and gender are not well understood. This study explored the interrelationships of these variables on youths’ school engagement and juvenile criminal offending in a large, diverse sample followed prospectively from the time of maltreatment until youths’ sixteenth birthday. Results indicated that maltreated boys were 2.7 – 3.5 times more likely than non-maltreated boys to exhibit poor school engagement (odds ratios = 3.7 – 5.3), and maltreated girls were 3.4 – 4.2 times more likely than non-maltreated girls (odds ratios = 5.3 – 6.9). The increased risk was even greater in relation to juvenile offending. Maltreated boys were 3.3 – 9.2 times more likely to have committed a misdemeanor, felony, or violent felony by the age of 16 (odds ratios = 4.5 – 9.4), and maltreated girls were 3.8 – 12.0 times more likely (odds ratios = 4.4 – 11.7). With respect to race/ethnicity, American Indian, Black, and Hispanic boys and girls tended to have poorer outcomes than Asian and White youths regardless of maltreatment status. Regarding type of abuse, physical abuse was related to suspensions/expulsions and criminal offending for both genders. However, sexual abuse among boys had the strongest relationship to violent felony offending with a rate 17.6 times higher than non-maltreated boys (8.8% vs .5%, OR = 9.5), and significantly higher than physically abused or neglected boys. Details: Olympia, WA: Washington State Center for Court Research, Administrative Office of the Courts, 2012. 31p. Source: Internet Resource: Accessed June 28, 2012 at: http://www.ofm.wa.gov/sac/nchip/gender_racial_differences_in_outcomes.pdf Year: 2012 Country: United States URL: http://www.ofm.wa.gov/sac/nchip/gender_racial_differences_in_outcomes.pdf Shelf Number: 125376 Keywords: Child Abuse and Neglect Child Maltreatment (U.S.) Cycle of Violence Educational Performance Racial Disparities

Author: Young, Douglas Title: Disproportionate Minority Contact in the Maryland Juvenile Justice System Summary: More than at any time in its past, Maryland is devoting resources to reducing racial and ethnic disparities in its juvenile justice system. Numerous statewide and locally targeted initiatives have been prompted in part by studies that have uncovered disparities at virtually all stages of the system, from juvenile arrest through disposition and placement. This report, which provides the first comprehensive look at the nature and extent of disproportionate minority contact (DMC) in Maryland, as well as initiatives aimed at reducing DMC, is one product of the state’s increased efforts. Unfortunately, the report repeats much the same message as earlier studies: DMC remains an entrenched problem in the state. Despite expanded efforts to reduce disparities, the state continues to struggle—and in some areas is falling further behind—in providing equal treatment of African American, Latino, and White youth involved in the juvenile justice system. But there is some good news: Certain DMC reduction programs do appear to be effective. And the research reported here represents a substantive advance in knowledge about DMC in Maryland. With results and recommendations in hand, state and local experts and practitioners have the beginnings of a road map for improving current efforts and targeting the additional resources that will surely be needed if the state is serious in its commitment to DMC reduction. Hopefully, the report will also help spur the sense of urgency and assiduous engagement and monitoring that must accompany these expanded efforts. The report and underlying research were prepared and conducted by the Institute for Governmental Service and Research at the University of Maryland, College Park, with funding from the Governor’s Office of Crime Control and Prevention (GOCCP). GOCCP staff, the statewide DMC coordinator, and members of the State Juvenile Council contributed valuable input to the report, and the Department of Juvenile Services commendably provided data that underlie much of the report. The report’s presentation and some of its terminology follows from constructs advanced by the federal Office of Juvenile Justice and Delinquency Prevention (OJJDP), which makes states’ receipt of certain federal funds contingent on fulfilling DMC-related reporting and program mandates. Following the Introduction, the report’s sections (and this Executive Summary) roughly parallel OJJDP’s “DMC Cycle”—identification (of the extent of DMC at different stages in juvenile case processing), assessment (of factors that underlie and contribute to DMC), and program assessment (of the state’s current efforts to reduce DMC). Results from a statewide survey of juvenile justice stakeholders on DMC issues are also included in the full report and this summary. In all sections of the report and summary, statewide information is first presented, followed by available results from the state’s five largest jurisdictions (Baltimore City, and Baltimore, Montgomery, Prince George’s, and Anne Arundel Counties). Results and observations on other counties are presented when numbers are sufficiently large to appear stable and reliable. In the full report, key findings and recommendations are included in each of the chapters. In the summary, results from each of the three primary components of the DMC Cycle are vi UM – IGSR presented and then followed by a discussion of recommendations and priorities for immediate and ongoing DMC-related interventions and monitoring. Details: College Park, MD: Institute for Governmental Service and Research, University of Maryland, College Park, 2011. 164p. Source: Internet Resource: Accessed July 2, 2012 at: http://www.goccp.maryland.gov/documents/DMC-report.pdf Year: 2011 Country: United States URL: http://www.goccp.maryland.gov/documents/DMC-report.pdf Shelf Number: 125459 Keywords: Juvenile Justice Systems (Maryland) Juvenile Offenders Minorities, Juveniles Racial Discrimination Racial Disparities

Author: Beckett, Katherine Title: Race and Drug Law Enforcement in Seattle Summary: SUMMARY OF KEY FINDINGS The majority of those who use and deliver serious drugs in Seattle are white. • Data from multiple sources – surveys of public school students, needle exchange clients, and the general Seattle population; mortality data; drug treatment admission data; and an observational study of two outdoor Seattle drug markets – all support the conclusion that a majority of those who use and deliver serious illegal drugs with the possible exception of crack cocaine in Seattle are white. The majority of those purposefully arrested for delivering a serious drug in Seattle are black, and blacks are over-represented among drug arrestees to a greater degree than in nearly all other mid-sized cities. • Although the city population is 8 percent black, two-thirds (67 percent) of those arrested in Seattle for delivery of a serious drug in a four-month sample from 2005–2006 were black. • The black drug arrest rate in 2006 was more than 13 times higher than the white drug arrest rate. • The black drug arrest rate for delivery of a serious drug is more than 21 times higher than the white arrest rate for the same crime. • In 2006, only one of 38 comparable mid-sized cities had a higher degree of racial disproportionality in drug arrests than Seattle. The focus on crack cocaine is the fundamental cause of racial disparity in Seattle drug delivery arrests. • The over-representation of blacks among drug delivery arrestees is not primarily a function of racial differences in drug delivery. o Blacks delivering drugs downtown are 13.6 times more likely to be arrested than whites engaging in the same behavior in the same geographic area. o Blacks are over-represented by a statistically significant margin among those arrested in the Capitol Hill and University District neighborhoods. • Most blacks who are arrested for delivering serious drugs are arrested downtown and outdoors. However, the majority of those arrested in other parts of the city and indoors are also black. • The focus on crack cocaine is a fundamental cause of racial disparity in Seattle drug delivery arrests. o Nearly three-fourths (72.9 percent) of those purposefully arrested for delivery of a serious drug in 2005–2006 were arrested for delivering crack cocaine. Nearly three-fourths (73.4 percent) of those purposefully arrested for delivering crack cocaine in 2005– 2006 were black. o By contrast, fewer than 20 percent of those arrested for delivery of a serious drug other than crack were black. The focus on crack cocaine is not a function of race-neutral policy considerations. • Powder cocaine and ecstasy are the most widely used serious drugs in Seattle. • More Seattle residents are admitted to public drug treatment programs for heroin abuse than for crack cocaine abuse. Heroin users also report making more frequent purchases than crack cocaine users. The frequency with which crack cocaine is exchanged thus does not explain the over-representation of crack cocaine among Seattle drug arrestees. • The focus on crack cocaine is not a function of public health considerations. Although crack cocaine use poses health risks, other serious drugs, especially heroin and other opiates, are more likely to be associated with drug-related mortality and infectious disease. • The focus on crack cocaine is not a function of public safety risks. Among Seattle serious drug arrestees, those involved with crack cocaine were least likely to have a dangerous weapon in their possession at the time of their arrest. • The focus on crack is not a consequence of civilian complaints about that particular substance: there is little geographic correspondence between complaints and delivery arrests, and most complainants do not identify the drug involved. Moreover, most civilian complaints about drug activity do not result in arrest, and most arrests do not involve a civilian complainant. • The degree to which blacks are over-represented among drug arrestees in Seattle continues to be large relative to other mid-sized cities. • Black over-representation in Seattle drug delivery arrests is primarily a function of the focus on crack cocaine. • The focus on crack cocaine does not appear to be attributable to the frequency with which crack cocaine is exchanged, civilian complaints, public health or public safety considerations. • Although colorblind on its face, the focus on crack cocaine does not appear to be a function of race-neutral considerations and continues to produce an unusually high degree of racial disparity in Seattle drug arrests. Details: Seattle, WA: American Civil Liberties Union and The Defender Association, 2008. 130p. Source: Internet Resource: Accessed July 9, 2012 at: http://faculty.washington.edu/kbeckett/Race%20and%20Drug%20Law%20Enforcement%20in%20Seattle_2008.pdf Year: 2008 Country: United States URL: http://faculty.washington.edu/kbeckett/Race%20and%20Drug%20Law%20Enforcement%20in%20Seattle_2008.pdf Shelf Number: 125522 Keywords: Drug Enforcement Drugs and Crime (Seattle) Race and Crime Racial Disparities

Author: New Mexico Sentencing Commission Title: State of New Mexico Disproportionate Minority Contact Statewide Assessment: Preliminary Report Summary: The disproportionate minority contact (DMC) mandate of the federal Office of Juvenile Justice and Delinquency Prevention (OJJDP) requires states to institute multi-pronged intervention strategies including juvenile delinquency prevention efforts and system improvements to assure equal treatment of all youth. Disproportionate minority contact (DMC) is defined as an overrepresentation of minority youth at any stage within the juvenile justice system (Huizinga et al., 2007). The nine stages within the juvenile justice system where contact occurs are: arrest; referral; diversion; case petitioned; secure detention; delinquency finding; probation; confinement in secure correctional facility; and case transferred, certified, and waived to adult court (OJJDP, 2009A). The purpose of this assessment is to begin to determine the mechanisms contributing to DMC in New Mexico. This assessment is based primarily on juvenile justice system data provided by the New Mexico Children, Youth and Families Department (CYFD) Data Analysis/FACTS Bureau. Other sources of information used in this report include: relative rate index trends, the review of reports compiled by other states, a review of other literature, a review of the New Mexico juvenile justice system, and formal and informal discussions with CYFD staff. We also briefly describe other aspects of our research that includes a review of juvenile justice system prevention and intervention programs that provide additional context to the NM juvenile justice system. Details: Albuquerque: New Mexico Sentencing Commission, 2012. 40p. Source: Internet Resource: Accessed July 17, 2012 at: nmsc.unm.edu/nmsc_reports/ Year: 2012 Country: United States URL: Shelf Number: 125652 Keywords: Juvenile Justice Systems (New Mexico) Juvenile Offenders Minority Groups Minority Overrepresentation Minority Youth Racial Disparities

Author: Anwar, Shamena Title: Testing for Racial Prejudice in the Parole Board Release Process: Theory and Evidence Summary: We develop a model of a Parole Board contemplating whether to grant parole release to a prisoner who has finished serving their minimum sentence. The model implies a simple outcome test for racial prejudice robust to the inframarginality problem. Our test involves running simple regressions of whether a prisoner recidivates on the exposure time to the risk of recidivism and its square, using only the sample of prisoners who are granted parole release strictly between their minimum and maximum sentences and separately by race. If the coefficient estimates on the exposure time term differ by race, then there is evidence of racial prejudice against the racial group with the smaller coefficient estimate. We implement our test for prejudice using data from Pennsylvania from January 1996 to December 31, 2001. Although we find racial differences in time served, we find no evidence for racial prejudice on the part of the Parole Board based on our outcome test. Details: Cambridge, MA: National Bureau of Economic Research, 2012. 40p. Source: Internet Resource: NBER Working Paper No. 18239: Accessed July 24, 2012 at: http://www.nber.org/papers/w18239 Year: 2012 Country: United States URL: http://www.nber.org/papers/w18239 Shelf Number: 125756 Keywords: Bias Parole (U.S.) Parole Board Parolees Racial Disparities Racial Prejudice

Author: Fagan, Jeffrey Title: Race and Selective Enforcement in Public Housing Summary: Drugs, crime and public housing are closely linked in policy and politics, and their nexus has animated several intensive drug enforcement programs targeted at public housing residents. In New York City, police systematically conduct “vertical patrols” in public housing buildings, making tens of thousands of Terry stops each year. During these patrols, both uniformed and undercover officers systematically move through the buildings, temporarily detaining and questioning residents and visitors, often at a low threshold of suspicion, and usually alleging trespass to justify the stop. We use a case-control design to identify the effects of living in one of New York City’s 330 public housing developments on the probability of stop, frisk and arrest from 2004-11. We find that the incidence rate ratio for trespass stops and arrests is more than two times greater in public housing than in the immediate surrounding neighborhoods. We decompose these effects using first differences models and find that the difference in percent Black and Hispanic populations in public housing compared to the surrounding area predicts the disparity in trespass enforcement and enforcement of other criminal law violations. The pattern of racially selective enforcement suggests the potential for systemic violations of the Fourteenth Amendment’s prohibition on racial discrimination. Details: New York: Columbia Law School, 2012. 45p. Source: Internet Resource: Columbia Public Law Research Paper No. 12-314: Accessed September 11, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2133384 Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2133384 Shelf Number: 126298 Keywords: Drugs and Crime Public Housing Racial Discrimination Racial Disparities Racial Profiling in Law Enforcement

Author: Hollist, Dusten Title: Assessing the Mechanisms that Contribute to Disproportionate Minority Contact in Montana's Juvenile Justice Systems Summary: The objective of the research was to conduct a disproportionate minority contact assessment oriented toward providing an understanding of the contributing factors that influence minority overrepresentation trends in four Montana counties. Specifically, the investigation involved a quantitative examination of the role of extra-legal and social factors in the explanation of disproportionate minority contact. The study used data from focus groups and face-to-face interviews with juvenile justice systems decision makers to put in to context and provide a more complete understanding of the mechanisms that contribute to disproportionate minority contact in Montana. The primary research objectives are based on an examination of the following questions: 1. Are minority juveniles overrepresented in Montana’s Juvenile Justice Systems? • Are disparities concentrated in a single decision point or are they spread out across multiple points? 2. Does race continue to contribute to disproportionate minority contact after social characteristics (e.g. individual and family factors) and criminal histories have been accounted for in the models? • Are the findings similar when examined across multiple decisions points (e.g. referral to the county attorney; petitions for adjudication; delinquency findings; confinement in secure placement)? Details: Missoula, MT: Social Science Research Laboratory University of Montana, Missoula, 2012. 52p. Source: Internet Resource: Accessed September 17, 2012 at: http://mbcc.mt.gov/Data/SAC/RAI/DMC%20Technical%20Report%20_Final%20Version_.pdf Year: 2012 Country: United States URL: http://mbcc.mt.gov/Data/SAC/RAI/DMC%20Technical%20Report%20_Final%20Version_.pdf Shelf Number: 126356 Keywords: Juvenile Justice System Juvenile Offenders (Montana) Minority Groups Racial Disparities

Author: Henning, Kristin N. Title: Criminalizing Normal Adolescent Behavior in Communities of Color: The Role of Prosecutors in Juvenile Justice Reform Summary: There is little dispute that racial disparities pervade the contemporary American juvenile justice system. The persistent overrepresentation of youth of color in the system suggests that scientifically supported notions of diminished culpability of youth are not applied consistently across races. Drawing from recent studies on implicit bias and the impact of race on perceptions of adolescent culpability, Professor Henning contends that contemporary narratives portraying black and Hispanic youth as dangerous and irredeemable lead prosecutors to disproportionately reject youth as a mitigating factor for their behavior. Although racial disparities begin at arrest and persist through every stage of the juvenile justice process, this Article focuses specifically on the unique opportunity and obligation that prosecutors have to address those disparities at the charging phase of the juvenile case. Professor Henning implores juvenile prosecutors to resist external pressures to respond punitively and symbolically to exaggerated perceptions of threat by youth of color and envisions a path toward structured decision making at the charging phase that is informed by research in adolescent development, challenges distorted notions of race and maturity, and holds prosecutors accountable for equitable decision making across race. While fully embracing legitimate prosecutorial concerns about victims’ rights and public safety, Professor Henning frames the charging decision as one requiring fairness, equity, and efficacy. Fairness requires that prosecutors evaluate juvenile culpability in light of the now well-documented features of adolescent offending. Equity demands an impartial application of the developmental research to all youth, regardless of race and socioeconomic status. Efficacy asks prosecutors to rely on scientifically validated best practices for ensuring positive youth development and achieving public safety. Thus, even when neighborhood effects and social structures produce opportunities for more serious and more frequent crime among youth of color, prosecutors have a duty to evaluate that behavior in light of the current developmental research and respond to that conduct with the same developmentally appropriate options that are so often available to white youth. As the gatekeepers of juvenile court jurisdiction, prosecutors should work with developmental experts, school officials, and other community representatives to develop and publish juvenile charging standards that reflect these goals. To increase transparency and encourage buy-in from the public, Professor Henning recommends that prosecutors track charging decisions according to race and geographic neighborhood and provide community representatives and other stakeholders with an opportunity to review those decisions for disparate impact. Finally, to ensure that communities of color are able to respond to adolescent offending without state intervention, Professor Henning contemplates a more expansive role for prosecutors who will engage and encourage school officials and community representatives to identify and develop adequate community-based, adolescent-appropriate alternatives to prosecution. Details: Washington, DC: Georgetown University, 2013. 74p. Source: Internet Resource: Georgetown Public Law and Legal Theory Research Paper No. 12-117: Accessed September 21, 2012 at: http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2026&context=facpub Year: 2013 Country: United States URL: http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=2026&context=facpub Shelf Number: 126399 Keywords: Juvenile Courts Juvenile Justice Reform Juvenile Offenders (U.S.) Prosecutors Racial Disparities

Author: American Civil Liberties Union of Louisiana Title: Unequal Under the Law: Racial Profiling in Louisiana Summary: Seven years ago, Louisiana passed the state’s first racial profiling law. It made a statement about racial equality under the law, but was a largely empty gesture in that it did not require law enforcement to document officers’ daily conduct. Almost three years ago, in the aftermath of Hurricane Katrina, the world watched as thousands of New Orleans residents — most of them poor and black — were left stranded by the rising floodwaters. Then last year, race inequality in Louisiana was once again thrust into the national spotlight when six African-American students were suspended and arrested under dubious circumstances in Jena. Racial profiling erodes our system of justice. It erodes the public’s faith in the police, and the police’s trust in the community. Assumptions take the place of facts—facts which are needed to fight crime and make our neighborhoods safer. The American Civil Liberties Union is dedicated to the principle that all people should be treated equally under the law. In 2007, we began an investigation to find out whether racial profiling is still occurring in Louisiana, and if so, which areas have the worst problem. We collected arrest and booking data for the first three months of 2007 from three parishes in Louisiana, analyzed the numbers, reviewed law enforcement policies and looked into individual complaints of racial profiling. This is a summary of what we found. Racial profiling remains a problem in Louisiana. In the worst areas, in towns like Bunkie and Mansfield, black people are two to three times as likely to be arrested as white people. There remains a common perception that African-Americans are more likely to be driving a stolen car, carrying drugs, or involved in illegal activity when pulled over than white people, but many studies have shown this perception to be untrue. There is a growing body of evidence—studies by Attorney General Offices, watchdog organizations and the U.S. Department of Justice—showing black drivers violate laws less frequently or at the same rates as white drivers. Our report puts three parishes under the magnifying lens. It is a small window into racial profiling in Louisiana and law enforcement policies which have a disparate effect on people of color. We urge Louisiana legislators to amend the current law and require all law enforcement agencies to collect and report racial data on all traffic stops. This would be a vital step towards stopping racial profiling. Armed with this information, police chiefs will have a better idea of how their officers are behaving and how to strengthen law enforcement overall. Details: New Orleans, LA: American Civil Liberties Union of Louisiana, 2008. 26p. Source: Internet Resource: Accessed September 30, 2012 at http://www.laaclu.org/PDF_documents/unequal_under_law_web.pdf Year: 2008 Country: United States URL: http://www.laaclu.org/PDF_documents/unequal_under_law_web.pdf Shelf Number: 126521 Keywords: Legislation Racial Discrimination Racial Disparities Racial Profiling (Louisiana)

Author: Myslajek, Crystal Title: Racial Disparity of Child Poverty in Minnesota: The Hidden Consequence of Incarceration Summary: Relative to the rest of the United States, Minnesota incarcerates only a small percentage of its population. In fact, Minnesota has the second lowest imprisonment rate1 of all the states. Yet disaggregating the imprisonment rate by race reveals the troublesome fact that African American Minnesotans are in prison at a rate twelve times the rate of whites. Mounting evidence suggests that rather than disrupting a person’s criminal career, incarceration detrimentally impacts a person’s future transitions into conventional domains of life such as employment, education, and family. More immediately, incarceration disrupts not only criminal behavior but other activities as well, such as employment and parenting. As a result, parents who are either in prison or have an incarceration record may have a decreased ability to financially support their children. Thus, it follows that children whose parents are incarcerated are more likely to face poverty. Given this logic, it is not surprising that in addition to the high rate of incarceration for African American adults relative to white adults, a greater percentage of African American children in Minnesota live in poverty than do white, non-Hispanic children. In fact, both the black-white ratios of incarceration rates (12:1) and child poverty rates (6:1)2 are above the national averages (7:1 and 3:1) (Western 2008; U.S Census Bureau 2009). I argue that incarceration has an often overlooked but critical effect on the racial disparity of child poverty in Minnesota. This effect emerges as a result of incarceration’s disruption to educational attainment, employment, and family dynamics. Furthermore, bans on federal benefits for felony-drug offenders may function to exacerbate incarceration’s impact on child poverty. To provide context, this work examines some of the policies contributing to the black-white disparity of incarceration in Minnesota. Details: Minneapolis: University of Minnesota, 2009. 57p. Source: Internet Resource: Accessed October 1, 2012 at: http://conservancy.umn.edu/bitstream/50655/1/Myslajek,%20Crystal.pdf Year: 2009 Country: United States URL: http://conservancy.umn.edu/bitstream/50655/1/Myslajek,%20Crystal.pdf Shelf Number: 126527 Keywords: Childhood Poverty (Minnesota) Children of Prisoners Families of Prisoners Racial Disparities

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 Protection Discrimination Foster Care Judges Judicial 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: Discrimination Disproportionate Minority Contact Juvenile Justice System (Minnesota) Minority Youth Racial 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: Discrimination Disproportionate Minority Contact Juvenile Justice Systems (Hawaii) Juvenile Offenders Racial Disparities

Author: Starr, Sonja B. Title: Racial Disparity in the Criminal Justice Process: Prosecutors, Judges, and the Effects of United States v. Booker Summary: Current empirical estimates of racial and other unwarranted disparities in sentencing suffer from two pervasive flaws. The first is a focus on the sentencing stage in isolation. Studies control for the “presumptive sentence” or closely related measures that are themselves the product of discretionary charging, plea-bargaining, and fact-finding processes. Any disparities in these earlier processes are built into the control variable, which leads to misleading sentencing-disparity estimates. The second problem is specific to studies of sentencing reforms: they use loose methods of causal inference that do not disentangle the effects of reform from surrounding events and trends. This Article explains these problems and presents an analysis that corrects them and reaches very different results from the existing literature. We address the first problem by using a dataset that traces cases from arrest to sentencing and by examining disparities across all post-arrest stages. We find that most of the otherwise-unexplained racial disparities in sentencing can be explained by prosecutors’ choices to bring mandatory minimum charges. We address the problem of disentangling trends using a rigorous method called regression discontinuity design. We apply it to assess the effects of the loosening of the U.S. Sentencing Guidelines in United States v. Booker. Contrary to prominent recent studies, we find that Booker did not increase disparity, and may have reduced it. Details: Ann Arbor, MI: University of Michigan Law School, 2012. 59p. Source: Internet Resource: U of Michigan Law & Econ Research Paper No. 12-021: Accessed November 9, 2012 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2170148 Year: 2012 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2170148 Shelf Number: 126895 Keywords: Mandatory Minimums Racial Disparities Sentencing (U.S.) United States v. Booker

Author: Nicosia, Nancy Title: Does Mandatory Diversion to Drug Treatment Eliminate Racial Disparities in the Incarceration of Drug Offenders? An Examination of California's Proposition 36 Summary: Like other states, minorities are disproportionately represented in the California’s state prison system, particularly for drug offenses. Unlike other states, California has had a policy of mandatory diversion to drug treatment for non-violent drug offenders since mid-2001 (Proposition 36). Using a rich dataset including current and prior criminal charges from 1995 through 2005 in California, we examine whether disparities in court dispositions to prison and drug treatment between White and Blacks male drug offenders are explained by observable case and criminal justice characteristics. We estimate the extent to which remaining observable disparities are affected by Proposition 36. We find that Black and White male drug offenders differ considerably on covariates, but by weighting on the inverse of a nonparametric estimate of the propensity score, we can compare Blacks to Whites that are on average equivalent on covariates. Unadjusted disparities in the likelihood of being sentenced to prison are substantially reduced by propensity score weighting. Proposition 36 reduces the likelihood of prison overall, but not differentially for Blacks. By contrast, racial disparity in diversion to drug treatment is not reduced by propensity score weighting. There is some evidence that Proposition 36 increased diversion for Blacks. Details: Cambridge, MA: National Bureau of Economic Research, 2012. 49p. Source: Internet Resource: NBER Working Paper Series; Working Paper 18518: Accessed November 20, 2012 at: http://www.nber.org/papers/w18518.pdf?new_window=1 Year: 2012 Country: United States URL: http://www.nber.org/papers/w18518.pdf?new_window=1 Shelf Number: 126942 Keywords: Drug Abuse and Crime Drug Abuse Treatment (U.S.) Drug Offenders Racial Disparities Sentencing Disparities

Author: South Carolina Department of Public Safety. Office of Justice Programs. Statistical Analysis Center Title: An Overview of Racial Disproportionality in Juvenile Arrests and Offenses in South Carolina Summary: Minority racial populations, specifically Blacks, accounted for the majority of adult inmates (South Carolina Department of Corrections [SCDC], 2012), the majority of community corrections admissions (South Carolina Department of Probation, Parole and Pardon Services [SCDPPPS], 2012) and the majority of adult arrests in South Carolina (State Law Enforcement Division [SLED], 2008, 2009). Minority overrepresentation is no less of a problem in the juvenile justice system. Black juveniles represent the majority of the referrals to the South Carolina Department of Juvenile Justice (South Carolina Department of Juvenile Justice [SCDJJ], 2012) as well as the majority of the juveniles arrested statewide (SLED, 2008, 2009). Unfortunately, efforts to systematically examine the problem of disproportionate minority contact with the criminal justice system in South Carolina have been sparse. One previous effort has provided some worthwhile insights, examining racial disproportionality at specific points in the juvenile justice process: the decision to detain juveniles prior to adjudication, the decision to prosecute juveniles, the decision to commit juveniles for evaluation, and the decision to commit juveniles for long-term incarceration (Motes, 2003). However, a particularly important decision point in the juvenile justice process was not included in that analysis, that of juvenile arrest. The purpose of this report is to provide a descriptive overview concerning the nature and extent of racial disproportionality among juveniles for both the arrest process and reported criminal offenses. This report focused on juvenile arrests and offenses throughout South Carolina during 2008 and 2009. Details: Blythewood, SC: South Carolina Department of Public Safety, Office of Justice Programs, Statistical Analysis Center, 2012. 44p. Source: Internet Resource: Accessed December 10, 2012 at: http://www.jrsa.org/ibrrc/background-status/South_Carolina/SC_RacialArrests.pdf Year: 2012 Country: United States URL: http://www.jrsa.org/ibrrc/background-status/South_Carolina/SC_RacialArrests.pdf Shelf Number: 127101 Keywords: Disproportionate Minority Contact Juvenile Offenders (South Carolina, U.S.) Racial Disparities Racial Disproportionality

Author: Jeffries, Samantha Title: Indigenous Disparity in Lower Court Imprisonment Decisions: A Study of Two Australian Jurisdictions, 1998 to 2008 Summary: This paper reports findings from statistical analyses of Indigeneity and lower court sentencing in New South Wales and South Australia from 1998 to 2008. The aim was to explore the probability of Indigenous versus non-Indigenous defendants receiving a prison sentence over time, while controlling for other key sentencing determinates (ie sex, age, criminal history, seriousness of current offence, plea, bail status). Across the study period, results generally showed that Indigenous offenders were more likely to receive a prison term than similarly situated non-Indigenous offenders. However, the pattern of disparity over time differed by jurisdiction. In New South Wales, Indigenous offenders were more likely to receive a prison sentence throughout the entire period. By contrast, in the South Australian lower courts, disparity was found to have increased, with earlier years showing parity and leniency, before a trend towards a greater likelihood of a prison sentence for Indigenous offenders. Focal concerns theory is used to provide a possible explanation for the study's finding of Indigenous lower court sentencing disparity. Details: Canberra: Australian Institute of Criminology, 2012. 6p. Source: Internet Resource: Trends & Issues in Crime and Criminal Justice no. 447: Accessed January 24, 2013 at: http://www.aic.gov.au/publications/current%20series/tandi/441-460/tandi447.html Year: 2012 Country: Australia URL: http://www.aic.gov.au/publications/current%20series/tandi/441-460/tandi447.html Shelf Number: 127392 Keywords: Aboriginals Courts Indigenous Peoples (Australia) Racial Disparities Sentencing Disparities

Author: Native Hawaiian Justice Task Force Title: The Native Hawaiian Justice Task Force Report Summary: In 2010, the Office of Hawaiian Affairs, in collaboration with the University of Hawaiʻi at Mānoa, Justice Policy Institute, and Georgetown University, produced a report titled The Disparate Treatment of Native Hawaiians in the Criminal Justice System (“2010 Report”). Researchers found that “Native Hawaiians are overrepresented in every stage in the criminal justice system, and the disproportionality increases as Native Hawaiians go further into the system, also making it harder to leave and stay out of prison.” (“2010 Report, at 17”) The 2010 Report recommended the formation of a governing collaborative, which lead to the passage of Act 170 and the statutory creation of the Native Hawaiian Justice Task Force. The disproportionate representation of Native Hawaiians in the criminal justice system has been previously reported upon and presented to the Hawaiʻi state Legislature. In addition to the findings of the 2010 Report, the Task Force acknowledges the studies “Crime and Justice Related to Hawaiians and Part Hawaiians in the State of Hawaii,” (“1981 Study”), and “Criminal Justice and Hawaiians in the 1990’s: Ethnic Differences in Imprisonment Rates in the State of Hawaiʻi,” (“1994 Study”). The 1981 Study, the 1994 Study, and the 2010 Report independently concluded that Native Hawaiians are overrepresented in the criminal justice system. Those documents, and several others which discuss Native Hawaiians in the criminal justice system, are now available online at: www.oha.org/nativehawaiianjusticetaskforce As a group, the Task Force and the Office of Hawaiian Affairs, which is attached to the Task Force as its administrator through Act 170, have devoted a significant amount of time and effort in engaging in a dialogue with the community. Through a series of summits held throughout the state during the summer of 2012, the Task Force received testimony regarding the disproportionate representation of Native Hawaiians in the criminal justice system directly from one hundred fifty nine individuals, and dozens of others through site visits at State correctional facilities and the receipt of written testimony and research. Following the summits, site visits, and the receipt of testimony, the Task Force undertook a deliberate process to draft the Findings and Recommendations sections of the Report. The production of those sections was also influenced by the perspective of each Task Force member who brought forth from his or her role within the criminal justice system. The headings of the Report are: A. Data regarding Native Hawaiians in the criminal justice system; B. The disproportionate representation of Native Hawaiians in the criminal justice system; C. Early intervention programs for Native Hawaiians; D. Impact of the State’s contracting with non-state facilities on Native Hawaiians; E. Issues in State-operated correctional facilities and their impact on Native Hawaiians; F. Restorative justice practices and their application to Native Hawaiians; G. Lack of services for Native Hawaiians who come into contact with the criminal justice system; H. Continuing state efforts to ameliorate the overrepresentation of Native Hawaiians in the criminal justice system. Details: Honolulu: Native Hawaiian Justice Task Force, 2012. 48p. Source: Internet Resource: Accessed February 11, 2013 at: http://www.oha.org/sites/default/files/2012NHJTF_REPORT_FINAL_0.pdf Year: 2012 Country: United States URL: http://www.oha.org/sites/default/files/2012NHJTF_REPORT_FINAL_0.pdf Shelf Number: 127578 Keywords: Criminal Justice System (Hawaii) Disproportionate Minority Contact Racial Disparities

Author: Persico, Nicola Title: An Economic Analysis of Black-White Disparities in NYPD's Stop and Frisk Program Summary: We analyze data on NYPD's "stop and frisk program" in an effort to identify racial bias on the part of the police officers making the stops. We find that the officers are not biased against African Americans relative to whites, because the latter are being stopped despite being a "less productive stop" for a police officer. Details: Cambridge, MA: National Bureau of Economic Research, 2013. 28p. Source: Internet Resource: NBER Working Paper Series; Working Paper 18803: Accessed February 21, 2013 at: http://www.nber.org/papers/w18803.pdf Year: 2013 Country: United States URL: http://www.nber.org/papers/w18803.pdf Shelf Number: 127656 Keywords: Police Discretion Racial Disparities Racial Profiling in Law Enforcement Stop and Frisk (New York City)

Author: Pullmann, Michael D. Title: Washington State Disproportionate Minority Contact Assessment Summary: Since 1992, the Federal Office of Juvenile Justice and Delinquency Prevention (OJJDP), acting on Congressional legislation, has required states to conduct regular assessments of the level of DMC at each major decision point in the juvenile justice system. DMC refers to unequal rates of white to non-white or Hispanic contact with the justice system, relative to the population of racial and ethnic groups in the community according to census data. The goal of the Washington State DMC assessment is to identify areas in need of attention so that youth in the juvenile justice system are provided with equal and fair treatment that is not based on race and ethnicity. In 2011, after a competitive process, the Washington State Partnership Council on Juvenile Justice (WA-PCJJ) contracted with the University of Washington’s Division of Public Behavioral Health and Justice Policy (PBHJP) to conduct this assessment for Washington State. Our approach to DMC assessment followed precisely the guidelines of OJJDP1 . This DMC assessment process sought to combine available data with the experiences, beliefs, and knowledge of local stakeholders in order to uncover those areas in which DMC is considered to be an issue of importance, to discover what communities may be doing to address DMC, and to provide suggestions on positive directions communities can take to address DMC. For those communities or interviewees with less experience in thinking about and acting on DMC, this process was also intended to provide a starting point for beginning that conversation. Our analyses used data provided to the WA-PCJJ by the Administrative Office of the Courts’ Center for Court Research (AOC-CCR). We supplemented this data with some additional data requests from detention centers and AOC-CCR. We calculated rates of disproportionality at several important decision points for the state of Washington and twelve jurisdictions: Adams, Benton/Franklin, King, Mason, Pierce, Spokane, Skagit, Whatcom, Clark, Kitsap, Thurston, and Yakima. This data was used to interview 3-8 stakeholders in each jurisdiction, usually composed of representatives of court administrations, judges, law enforcement, community advocates, and others. A total of sixty-three stakeholders were interviewed. Overall findings Our data analyses and interviews for each individual jurisdiction are presented in detail in separate chapters in this report. Common themes are detailed below. 1. There were several promising practices for DMC identification and reduction. Details: Seattle, WA: Division of Public Behavioral Health and Justice Policy, Department of Psychiatry and Behavioral Sciences, University of Washington Medical School, 2013. 164p. Source: Internet Resource: Accessed February 21, 2013 at: http://www.dshs.wa.gov/pdf/ojj/DMC/DMC_Final_Report_2013.pdf Year: 2013 Country: United States URL: http://www.dshs.wa.gov/pdf/ojj/DMC/DMC_Final_Report_2013.pdf Shelf Number: 127658 Keywords: Discrimination in Juvenile Justice Disproportionate Minority Contaact (Washington Sta Juvenile Justice Systems Juvenile Offenders Racial Disparities

Author: Mauer, Marc Title: The Changing Racial Dynamics of Women’s Incarceration Summary: In the first decade of the 21st century the United States began to experience a shift in the 30-year buildup to a world record prison system. Although the decade ended with an increased number of people in prison, the rate of growth overall was considerably below that of previous decades and since 2008 the overall number of people in state prisons has declined slightly each year. Scholars are beginning to analyze the relative contributions of changes in crime rates, criminal justice policies, economics, and demographics to the slowing growth rate of the prison system, but one area that has gone largely unexplored is the impact of such changes on racial disparities in imprisonment. As is well known, black/white disparities in the use of incarceration have been profound for quite some time. Since the 1980s a series of analyses have documented these trends at the national level as well as examining variation in disparity among the states. As prison populations fluctuate, though, the relative rate of incarceration among racial groups may or may not reflect prevailing patterns. Further, as the prospect of a declining prison population has now become a distinct possibility for the next decade, it will become increasingly important to monitor whether reduced incarceration is experienced in similar ways across racial/ethnic groups. This report first describes trends in incarceration for the first decade of the century, and contrasts this with patterns of the previous decade. We then assess the extent of change in the race and gender dynamics of incarceration over the past decade, and suggest factors which may be contributing to these trends. The data in this report document the following key findings: • Racial/ethnic disparities in U.S. incarceration remain substantial – In 2009, African Americans and Latinos constituted more than 60% of imprisoned offenders. African American males were incarcerated in state and federal prisons at 6.4 times the rate of non-Hispanic white males, and Hispanic males at 2.4 times the rate of non-Hispanic whites. • Declining rate of incarceration for African Americans – From 2000 to 2009 the rate of incarceration in state and federal prisons declined 9.8% for black men and 30.7% for black women. • Rates of incarceration for whites and Latinos generally rising – Incarceration rates for white men and women rose 8.5% and 47.1%, respectively from 2000 to 2009. For Hispanics the men’s rate declined by 2.2% while the women’s rate rose by 23.3%. • Dramatic shift in racial disparities among women – In 2000 black women were incarcerated in state and federal prisons at six times the rate of white women. By 2009 that ratio had declined by 53%, to 2.8:1. This shift was a result of both declining incarceration of African American women and rising incarceration of white women. The disparity between Hispanic and non- Hispanic white women declined by 16.7% during this period. Similar trends can be seen among men, but at a lesser scale, with a decline of 16.9% in the black/white incarceration ratio over the decade. The disparity between Hispanic and non-Hispanic white men declined by 11.1%. Details: Washington, DC: The Sentencing Project, 2013. 26p. Source: Internet Resource: Accessed March 5, 2013 at: http://sentencingproject.org/doc/publications/rd_Changing%20Racial%20Dynamics%202013.pdf Year: 2013 Country: United States URL: http://sentencingproject.org/doc/publications/rd_Changing%20Racial%20Dynamics%202013.pdf Shelf Number: 127843 Keywords: Female Inmates Female Offenders (U.S.) Female Prisoners Minority Groups Racial Disparities Sentencing 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 Reform Criminal Justice Systems (Texas, U.S.) Discrimination Minority Groups Racial Disparities

Author: Beckett, Katherine Title: Race and the Enforcement of Drug Delivery Laws in Seattle Summary: Between 1980 and 2002, the number of people incarcerated in the United States grew from approximately 500,000 to over 2 million. This trend has sharply and disproportionately affected racial and ethnic minorities: over 60% of today’s inmates are black and/or Latino (Sentencing Project, n.d). Many analysts have suggested that the policies and practices associated with the war on drugs are an important cause of the expansion of the prison and jail populations, as well as the increasingly disproportionate representation of minorities in them (Blumstein 1993; Duster 1997; Tonry 1995). Recent data confirms this conjecture: approximately 30% of U.S. inmates are drug offenders, and over 90% of those admitted to prison for drug offenses are black or Latino (Sentencing Project n.d.). Theoretically, the dramatic impact of the war on drugs on the black and Latino communities may be a consequence of higher rates of drug law violations within those groups, selective enforcement of drug laws, and/or post-arrest practices and policies. Some studies have found that black drug defendants are treated more harshly than white drug defendants once in the justice system (Blumstein 1993; Goode 2002; Spohn 2000; Austin & Allen 2000). In Seattle, however, there is evidence that the differential impact of the war on drugs on black and Latino communities is not a consequence of differential treatment after arrest. It appears, therefore, that comparatively high rates of incarceration among blacks resident to the Seattle area stem from higher rates of offense behavior and/or the selective enforcement of drug laws (Minority & Justice Commission Report 1999). This report analyzes a wide range of data sources pertaining to drug delivery in order to identify the extent to which selective/discriminatory law enforcement contributes to high rates of incarceration for drug delivery among blacks. Doing so requires estimating the racial composition of Seattle’s drug-delivering population. This estimate can then be compared with arrest statistics to determine whether or not blacks are over-represented among those arrested for narcotics delivery (or possession with intent to deliver narcotics) given the estimated composition of those who deliver drugs in Seattle. At the same time, this report assesses whether whites are under-represented among drug delivery arrestees in Seattle given the frequency with which they engage in behaviors that meet the legal definition of that crime. Details: Seattle, WA: Department of Sociology and Law, Societies & Justice Program, 2003. 78p. University of Washington,, 2003. Source: Internet Resource: Accessed April 5, 2013 at: http://www.kcba.org/druglaw/pdf/beckettstudy.pdf Year: 2003 Country: United States URL: http://www.kcba.org/druglaw/pdf/beckettstudy.pdf Shelf Number: 128288 Keywords: Drug Enforcement Drug Offenders (Seattle, Washington) Minority Groups Minority Over-representation Racial Disparities War on Drugs

Author: Victoria. Sentencing Advisory Council Title: Comparing Sentencing Outcomes for Koori and Non-Koori Adult Offenders in the Magistrates’ Court of Victoria Summary: There are many causes of over-representation of Koori people in Victoria’s prisons. The findings of this report show that it is influenced by Koori people being more likely to be sent to prison. This difference may be influenced by Koori people being more likely to have been in both the youth justice system and the child welfare system. Both of these may be partly explained by the effects of colonisation and the economic and social impacts that followed. The 2011 Australian census showed that Koori people made up less than 1% of the Victorian population but more than 7% of the Victorian prison population. The rate of imprisonment for Koori people was 13 times higher than for non-Koori people. Recent Australian research has found that Indigenous people are given different sentences because they are more involved in offending, not because of any specific racial discrimination among magistrates and judges. However, racial discrimination contributes to the high levels of disadvantage that influence Indigenous people’s involvement in crime in the first place. The main aim of the Council’s report is to compare sentencing outcomes for Koori and non-Koori offenders who have been sentenced in the Magistrates’ Court of Victoria to imprisonment, partially suspended sentences, intensive correction orders and community-based orders. The findings of the report address three research questions. Details: Melbourne: Victoria Sentencing Advisory Council, 2013. 67p. Source: Internet Resource: Accessed April 16, 2013 at: https://sentencingcouncil.vic.gov.au/content/publications/comparing-sentencing-outcomes-koori-and-non-koori-adult-offenders Year: 2013 Country: Australia URL: https://sentencingcouncil.vic.gov.au/content/publications/comparing-sentencing-outcomes-koori-and-non-koori-adult-offenders Shelf Number: 128355 Keywords: Indigenous Peoples Racial Disparities Sentencing (Victoria, Australia)

Author: American Civil Liberties Union Title: The War on Marijuana in Black and White: Billions of Dollars Wasted on Racially Biased Arrests Summary: This report is the first to examine marijuana possession arrest rates by race for all 50 states (and the District of Columbia) and their respective counties from 2001 to 2010. The report relies on the Federal Bureau of Investigation’s Uniform Crime Reporting Program and the United States Census’ annual county population estimates to document arrest rates by race per 100,000 for marijuana possession. The report finds that between 2001 and 2010, there were over 8 million marijuana arrests in the United States, 88% of which were for possession. Marijuana arrests have increased between 2001 and 2010 and now account for over half (52%) of all drug arrests in the United States, and marijuana possession arrests account for nearly half (46%) of all drug arrests. In 2010, there was one marijuana arrest every 37 seconds, and states spent combined over $3.6 billion enforcing marijuana possession laws. The report also finds that, on average, a Black person is 3.73 times more likely to be arrested for marijuana possession than a white person, even though Blacks and whites use marijuana at similar rates. Such racial disparities in marijuana possession arrests exist in all regions of the country, in counties large and small, urban and rural, wealthy and poor, and with large and small Black populations. Indeed, in over 96% of counties with more than 30,000 people in which at least 2% of the residents are Black, Blacks are arrested at higher rates than whites for marijuana possession. The report concludes that the War on Marijuana, like the larger War on Drugs of which it is a part, is a failure. It has needlessly ensnared hundreds of thousands of people in the criminal justice system, had a staggeringly disproportionate impact on African- Americans, and comes at a tremendous human and financial cost. The price paid by those arrested and convicted of marijuana possession can be significant and linger for years, if not a lifetime. Arrests and convictions for possessing marijuana can negatively impact public housing and student financial aid eligibility, employment opportunities, child custody determinations, and immigration status. Further, the War on Marijuana has been a fiscal fiasco. The taxpayers’ dollars that law enforcement agencies waste enforcing marijuana possession laws could be better spent on addressing and solving serious crimes and working collaboratively with communities to build trust and increase public health and safety. Despite the fact that aggressive enforcement of marijuana laws has been an increasing priority of police departments across the country, and that states have spent billions of dollars on such enforcement, it has failed to diminish marijuana’s use or availability. To repair this country’s wrecked War on Marijuana, the ACLU recommends that marijuana be legalized for persons 21 or older through a system of taxation, licensing, and regulation. Legalization is the smartest and surest way to end targeted enforcement of marijuana laws in communities of color, and, moreover, would eliminate the costs of such enforcement while generating revenue for cash-strapped states. States could then reinvest the money saved and generated into public schools and public health programs, including substance abuse treatment. If legalization is not possible, the ACLU recommends depenalizing marijuana use and possession for persons 21 or older by removing all attendant civil and criminal penalties, or, if depenalization is unobtainable, decriminalizing marijuana use and possession for adults and youth by classifying such activities as civil, not criminal, offenses. The ACLU also recommends that until legalization or depenalization is achieved, law enforcement agencies and district attorney offices should deprioritize enforcement of marijuana possession laws. In addition, police should end racial profiling and unconstitutional stop, frisk, and search practices, and no longer measure success and productivity by the number of arrests they make. Further, states and the federal government should eliminate the financial incentives and rewards that enable and encourage law enforcement to make large numbers of arrests, including for low-level offenses such as marijuana possession. In sum, it is time to end marijuana possession arrests. Details: New York: ACLU, 2013. 187p. Source: Internet Resource: Accessed June 6, 2013 at: http://www.aclu.org/files/assets/aclu-thewaronmarijuana-rel2.pdf Year: 2013 Country: United States URL: http://www.aclu.org/files/assets/aclu-thewaronmarijuana-rel2.pdf Shelf Number: 128970 Keywords: Drug Enforcement Drug Legalization Marijuana (U.S.) Racial Discrimination Racial Disparities Racial Profiling in Law Enforcement

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: Discrimination Racial Disparities Racial Profiling in Law Enforcement Stop and Search (U.K.)

Author: Coke, Tanya E. Title: Criminal Justice in the 21st Century: Eliminating Racial and Ethnic Disparities in the Criminal Justice System Summary: Criminal Justice in the 21st Century: Eliminating Racial and Ethnic Disparities in the Criminal Justice System is a critically important and inclusive examination of the profound racial and ethnic disparities in America’s criminal justice system, and concrete ways to overcome them. This conference report prepared by Consultant Tanya E. Coke is based upon a multi-day, open and frank discussion among a distinguished group of criminal justice experts – prosecutors, judges, defense attorneys, scholars, community leaders, and formerly incarcerated advocates. This three-day convening was held October 17-19, 2012, at the New York County Lawyers’ Association’s historic Home of Law and was co-sponsored by the following organizations: the Association of Prosecuting Attorneys, the Brennan Center for Justice at New York University School of Law, the Foundation for Criminal Justice, the National Association of Criminal Defense Lawyers, the Center for NuLeadership on Urban Solutions, and the New York County Lawyers’ Association. Details: Washington, DC: National Association of Criminal Defense Lawyers, 2013. 44p. Source: Internet Resource: Accessed July 18, 2013 at: http://www.nacdl.org/reports/eliminatedisparity/ Year: 2013 Country: United States URL: http://www.nacdl.org/reports/eliminatedisparity/ Shelf Number: 129440 Keywords: Ethnic Disparities Racial Disparities

Author: Roman, John K. Title: Race, Justifiable Homicide, and Stand Your Ground Laws: Analysis of FBI Supplementary Homicide Report Data Summary: There are racial disparities throughout the criminal justice system. From stop and frisk, to motor vehicle searches at traffic stops, to sentencing and the application of the death penalty, African Americans disproportionately are contacted by the criminal justice system in myriad ways. Notably, finding a racial disparity is not synonymous with finding racial animus. African Americans are more likely to live in dense, impoverished places, and poverty and segregation are clearly linked to criminal incidence and prevalence. Distinguishing racial animus within racial disparities is exceedingly difficult with existing datasets that do not include such key measures as setting and context. However, it is possible to compare the rates of racial disparity across points of criminal justice system contact. Such an effort could help highlight comparatively disproportionate laws and procedures. One area of possible racial disparity—differences in findings that a homicide was ruled justified—has received little attention and could measurably improve that comparison. This paper addresses three research hypotheses to test for racial disparities in justifiable homicide findings:  Do the rates of justifiable homicides differ by the race of the victim and offender?  If there are racial disparities in the rates homicides are found justified, how does that disparity compare to other racial disparities in criminal justice system processing? and  Are there fact patterns of homicides that increase racial disparities? The purpose of this analysis is to analyze objective national data that could measure the presence of racial disparities in rulings of justifiable homicides. In this analysis, the phrase “racial disparity” is value free: the presence of a racial disparity is a necessary but insufficient condition to identify racial animus in criminal case processing. Racial animus can only be causally identified if all other competing explanations for the existence of a racial disparity can be rejected. Without a prospective, randomized controlled trial—obviously impossible—such causal claims must have caveats. However, a well-designed retrospective study of observational data can identify important correlations between homicide case attributes and the presence of racial disparities. Other research can compare these rates of racial disparities to other racial disparities in the criminal justice system to determine how the rates of racial disparity in self-defense cases differ. Details: Washington, DC: Urban Institute, 2013. 15p. Source: Internet Resource: Accessed August 8, 2013 at: http://www.urban.org/UploadedPDF/412873-stand-your-ground.pdf Year: 2013 Country: United States URL: http://www.urban.org/UploadedPDF/412873-stand-your-ground.pdf Shelf Number: 129589 Keywords: Gun Violence Guns Homicides (U.S.) Racial Disparities Stand Your Ground Laws

Author: Cornell, Dewey Title: Prevention v. Punishment: Threat Assessment, School Suspensions, and Racial Disparities Summary: Racial disparities in school discipline today are troubling. Nationally, nearly one third of black male high school and middle school students undergo suspension, while only one in ten white males are suspended. In Virginia, black males are suspended at approximately twice the rate of white males in elementary, middle, and high schools. Black females are suspended at more than twice the rate of white females. There are racial disparities even when controlling for a variety of other factors, such as poverty and delinquency. Because suspension is linked to school dropout and delinquency, reducing disparities in suspension rates could help reduce school dropout and delinquency rates for all students, but especially for black males. This report presents new evidence that the implementation of Virginia Student Threat Assessment Guidelines (VSTAG) in Virginia public schools is associated with marked reductions in both short-term and long-term school suspensions. Furthermore, use of VSTAG is associated with reductions in the racial disparity in long-term suspensions. Schools using VSTAG have substantially lower rates of school suspensions, especially among black males, who tend to have the highest suspension rates. Details: Charlottesville, VA: JustChildren, Legal Aid Justice Center, University of Virginia, 2013. 25p. Source: Internet Resource: Accessed January 13, 2014 at: Year: 2013 Country: United States URL: https://www.justice4all.org/wp-content/uploads/2013/12/UVA-and-JustChildren-Report-Prevention-v.-Punishment.pdf Shelf Number: 131755 Keywords: Racial Disparities School Discipline School Suspensions Threat Assessments

Author: McDaniel, Marla Title: Imprisonment and Disenfranchisement of Disconnected Low-Income Men Summary: This brief, part of a series on disconnected low-income men, summarizes selected data from published reports on incarceration in the United States. Low-income men are defined as those age 18 to 44 who live in families with incomes below twice the federal poverty level (FPL)1 and do not have four-year college degrees. Other briefs in the series examine low-income men's demographic profiles, education, employment, and health. We present data on imprisonment, one component of criminal justice system involvement, highlighting stark disparities by race, education, and place. The statistics on criminal offenses and incarceration cited reflect changes in federal and state crime policies over the past few decades, especially those related to drug offenses. These policies have led to mass incarceration - that is, the imprisonment of comparatively and historically high proportions of the population that cannot be accounted for by changes in crime rates. The US Department of Justice is reviewing laws and agency enforcement policies that may have had a disparate impact on African Americans and Hispanics, both in terms of incarceration and the collateral damage to their families and communities. Some of these impacts are summarized in this brief. Young men of color are a particular focus because of their high rates of incarceration. While they are highly concentrated in poor neighborhoods, especially in urban areas, most available data are at the state and national level. Therefore, we mainly focus on state and national data that provide the most extensive documentation of the racial and ethnic aspects of incarceration. Since the criminal justice data generally do not include income of the prisoners' families, we are unable to identify the proportion of incarcerated men who are low income. To the extent that prisoners are separated from mainstream society, however, the men in focus are disconnected and afterward face challenges reconnecting to the mainstream. In addition to incarceration rates, we include state data on voting restrictions related to incarceration, a form of disconnection through civil disenfranchisement. We highlight examples of the economic impact of incarceration on individual communities and society as a whole. We consider both the costs of incarceration and the related family and community costs generated by that incarceration. Details: Washington, DC: Urban Institute, 2013. 10p. Source: Internet Resource: Issue Brief 4: Accessed March 13, 2014 at: http://www.urban.org/UploadedPDF/412986-Imprisonment-and-Disenfranchisement-of-Disconnected-Low-Income-Men.pdf Year: 2013 Country: United States URL: http://www.urban.org/UploadedPDF/412986-Imprisonment-and-Disenfranchisement-of-Disconnected-Low-Income-Men.pdf Shelf Number: 131897 Keywords: Imprisonment Poverty Race and Crime Racial Disparities Socioeconomic Status and Crime

Author: Decker, Scott H. Title: Criminal Stigma, Race, Gender, and Employment: An Expanded Assessment of the Consequences of Imprisonment for Employment Summary: Employment is a key feature of American life. Not only does it provide the instrumental benefits associated with an income, but it also serves to structure life, create social relations, and provide fulfillment. But work has an additional important benefit - it reduces involvement in crime. This consequence makes it important that individuals leaving prison find work. For a variety of reasons, however, this group finds it difficult to secure employment. The ability to find work is not equally distributed across race and ethnic groups; blacks and Hispanics experience more difficulty in gaining employment than do whites. Further complicating the problem is the fact that these two minority groups comprise the largest and fastest growing segment of the prison population. A number of studies have examined the impact of a prison sentence on employment. This work consistently finds that individuals with a prison record fare worse on the job market. However, this finding is conditioned by race and ethnicity, with whites bearing far less stigma from a prior prison sentence than blacks or Hispanics (Pager, 2003). The majority of this research has been conducted with men, comparing blacks and whites, and been completed in Midwestern or eastern cities. This leaves a substantial gap in our understanding of the role of race/ethnicity and prison record on employment chances. Women are a measureable and growing segment of the prison population in the US and their employment prospects are important to understand given their role in families. Hispanics are the fastest growing segment of the US prison population and the number of incarcerated Hispanics is growing rapidly. Further, the southwest is the fastest growing region of the country, with different dynamics, including the border with Mexico, as well as an economy not structured around industrial production. In addition to these substantive reasons to expand our understanding of the role of a prison record and race/ethnicity in employment, there are methodological reasons to expand the study of these relationships. The job market itself is dynamic and the majority of entry-level jobs are advertised online and require the submission of online applications, which may include resumes. To address these concerns, we completed a three-year study of the impact of a prison record on gaining employment. We included two separate experiments and an employer survey in our research. The first involved the submission of more than 6,000 online applications for entry-level jobs. The second experiment sent individuals (auditors) to apply for 60 jobs in-person. This allows us to compare the results of two different methods of job applications. The third research method was a survey conducted among 49 employers, all of whom were included in the second experiment. For each of the first two experiments, we had six different pairs of job applicants, comprised of black men, black women, Hispanic men, Hispanic women, white men and white women. One member of each pair had a prison record included on their resumes.In every other respect, the resumes. were identical. Race/ethnicity was cued through the use of first and last names on the resumes. sent to employers. In each case, a binary dependent variable was used, whether the individual was offered an opportunity to talk further with the employer in the case of the online applications, in the case of the in-person applications, the outcome measure was whether they were called back to interview or offered a job. Consistent with prior research, we find differences by race/ethnicity, with blacks and Hispanics generally faring more poorly than whites. The differences for the online application process were not as large as for the in-person process, but, nonetheless, we did find that a prison record has a dampening effect on job prospects, particularly in the low-skill food service sector, where ex-prisoners are likely to seek employment during reentry. The employer survey revealed strong effects for criminal justice involvement, with employers expressing preferences for hiring individuals with no prior criminal justice contact. Employers associated prior prison time with a number of negative work-related characteristics including tardiness and inability to get along with co-workers. We conclude this report with a number of policy recommendations regarding the job preparation, application, and interview process. In particular, we highlight the importance of preparing individuals in prison for the online world of job applications and resumes. creation. This, like other aspects of the reentry process, should be done as early as is feasible, but certainly before release from prison. It is also important that former prisoners expand their network of contacts to increase their awareness of jobs and the process associated with applying for those jobs. We believe it is important for job applicants with a prison record to be prepared for a good deal of failure, as fewer than ten percent of our testers received a callback. Former prisoners are more likely to gain employment if they are judged on the merits of their qualifications, excluding their prior imprisonment. For this reason we believe that efforts to remove - prior arrest or conviction - from initial job applications should be supported. Details: Phoenix, AZ: Arizona State University, 2014. 112p. Source: Internet Resource: Accessed March 14, 2014 at: https://www.ncjrs.gov/pdffiles1/nij/grants/244756.pdf Year: 2014 Country: United States URL: https://www.ncjrs.gov/pdffiles1/nij/grants/244756.pdf Shelf Number: 131913 Keywords: Ex-Offender Employment Prisoner Reentry Race/Ethnicity Racial Disparities

Author: Justice Policy Institute Title: Billion Dollar Divide: Virginia's Sentencing, Corrections and Criminal Justice Challenge Summary: Billion Dollar Divide points to racial disparities, skewed fiscal priorities, and missed opportunities for improvements through proposed legislation, and calls for reforms to the commonwealth's sentencing, corrections and criminal justice system. While other states are successfully reforming their sentencing laws, parole policies and drug laws, Virginia is lagging behind and spending significant funds that could be used more effectively to benefit public safety in the commonwealth. Details: Washington, DC: Justice Policy Institute, 2014. 40p. Source: Internet Resource: Accessed April 19, 2014 at: http://www.justicepolicy.org/uploads/justicepolicy/documents/billiondollardivide.pdf Year: 2014 Country: United States URL: http://www.justicepolicy.org/uploads/justicepolicy/documents/billiondollardivide.pdf Shelf Number: 132068 Keywords: Correctional Institutions Criminal Justice Reform Drug Policy Parole Racial Disparities Sentencing Sentencing Reform

Author: American Civil Liberties Union of Florida Title: Still Haven't Shut Off the School-to-Prison Pipeline: Evaluating the Impact of Florida's New Zero-Tolerance Law Summary: In the spring of 2009, the Florida legislature amended its harsh zero-tolerance school discipline law with the passage of SB 1540. The law enacted some significant changes, such as encouraging schools to handle petty disciplinary infractions and misdemeanor offenses in school instead of relying on the juvenile justice system and exclusionary discipline. It seemed like after nearly a decade's worth of embarrassing news reports and multiple studies about the devastating effects of harsh school disciplinary practices in Florida schools, Florida was finally moving in the right direction. Unfortunately, our analysis demonstrates that meaningful reform has still not reached most of the schools - and students - across the state. While there has been some encouraging progress, the implementation of Florida's new zero-tolerance law has fallen substantially short of what is needed to adequately address the over-criminalization of Florida's youth and the over-reliance on exclusionary discipline by Florida's schools. For example: - Nearly half of all Florida school districts had more or the same number of referrals to the Department of Juvenile Justice following the passage of SB 1540 than they had the year before. - 67% of student referrals to the juvenile justice system were for misdemeanor offenses, meaning there were over 12,000 referrals just for these lower-level offenses. - Racial disparities in referrals to the juvenile justice system actually got worse after the passage of SB 1540. - Most school districts' policies still allow for extremely severe punishments - such as arrest, referral to law enforcement, and expulsion - for relatively minor infractions. Because Florida's students continue to have their educational opportunities - and thus, their life chances - limited by the over-use of harsh and unfair school discipline, there is an urgent need for action, at both the state and local levels. Fortunately, schools and districts across the country have already shown the way forward, and have pursued highly-effective strategies that can serve as a model for Florida. Still Haven't Shut Off the School-to-Prison Pipeline: Evaluating the Impact of Florida's New Zero-Tolerance Law presents a series of recommendations that, if implemented, can reduce Florida's dropout rate, build safer and more effective schools, limit the number of youth entering the juvenile and criminal justice systems, use the State's law enforcement agencies more efficiently, save taxpayer dollars, and build healthier communities throughout Florida. Details: Miami, FL: ACLU of Florida, 2012. 13p. Source: Internet Resource: Accessed April 21, 2014 at: http://aclufl.org/resources/still-havent-shut-off-the-school-to-prison-pipeline-evaluating-the-impact-of-floridas-new-zero-tolerance-law/ Year: 2012 Country: United States URL: http://aclufl.org/resources/still-havent-shut-off-the-school-to-prison-pipeline-evaluating-the-impact-of-floridas-new-zero-tolerance-law/ Shelf Number: 132102 Keywords: Racial Disparities School Crime School Discipline School Suspensions Zero Tolerance

Author: Ofer, Udi Title: Stop-and-Frisk: A First Look. Six Months of Data on Stop-and-Frisk Practices in Newark Summary: This analysis is based on six months of reports, the full second half of 2013, released by the Newark Police Department under the new Transparency Policy, and focuses on the stop-and-frisk data components of the policy. The study compares Newark to its close neighbor to the east, New York City, whose stop-and-frisk practices have been the subject of much criticism and media attention. We made this comparison in order to put into perspective the six months of data reported by the Newark Police Department. While six months of stop-and-frisk data is insufficient to draw definitive conclusions about the Newark Police Department's stop-and-frisk practices, the ACLU-NJ believes that the initial concerns raised by these data are strong enough to warrant corrective actions now. This study has three primary findings on stop-and-frisk activities in Newark from July to December 2013: (1) High volume of stop-and-frisks. Newark police officers use stop-and-frisk with troubling frequency. In Newark today, police officers make 91 stops per 1,000 residents. Last year in New York City, the NYPD made 24 stops per 1,000 residents. In the final six months of 2013, the NYPD made approximately 8 stops per 1,000 residents, compared to Newark's 91 stops per 1,000 residents during the same period. (2) Black Newarkers bear the disproportionate brunt of stop-and-frisks. Although black Newarkers represent 52 percent of the city's population, they make up 75 percent of all stops. The disparities between stops of black Newarkers and white Newarkers are probably even higher than the data currently reveals given that the Newark Police Department did not report data on stops of Latino residents during the six months analyzed in this report, meaning that the number of white individuals stopped in the data is likely inflated. (3) The majority of people stopped are innocent. Twenty-five percent of people stopped by the Newark Police Department are arrested or issued a summons. In other words, three out of four people stopped in Newark, including many who face interrogation and a frisk, have been determined by the police to be innocent of any wrongdoing. While such an innocence rate is lower than in New York City, this high rate of innocence still raises significant concerns about police department overuse of its stop-and-frisk authority. The study concludes with a series of recommendations for greater compliance with the Newark Police Department's Transparency Policy and for ensuring that stop-and-frisk abuses do not take place, including by establishing permanent civilian oversight over the police department through a strong Civilian Complaint Review Board and Inspector General's Office. An Appendix is also included with additional data on stop-and-frisk activities in Newark, including by precinct, age, and sex. Details: Newark, NJ: American Civil Liberties Union of New Jersey, 2014. 23p. Source: Internet Resource: Accessed April 21, 2014 at: http://www.aclu-nj.org/files/8113/9333/6064/2014_02_25_nwksnf.pdf Year: 2014 Country: United States URL: http://www.aclu-nj.org/files/8113/9333/6064/2014_02_25_nwksnf.pdf Shelf Number: 132104 Keywords: Police Behavior Police Discretion Racial Disparities Racial Profiling in Law Enforcement Stop and Search Stop-and-Frisk

Author: U.S. Department of Education, Office for Civil Rights Title: Data Snapshot: School Discipline Summary: INSIDE THIS SNAPSHOT: School Discipline, Restraint, & Seclusion Highlights - Suspension of preschool children, by race/ethnicity and gender (new for 2011-2012 collection): Black children represent 18% of preschool enrollment, but 48% of preschool children receiving more than one out-of-school suspension; in comparison, white students represent 43% of preschool enrollment but 26% of preschool children receiving more than one out of school suspension. Boys represent 79% of preschool children suspended once and 82% of preschool children suspended multiple times, although boys represent 54% of preschool enrollment. - Disproportionately high suspension/expulsion rates for students of color: Black students are suspended and expelled at a rate three times greater than white students. On average, 5% of white students are suspended, compared to 16% of black students. American Indian and Native-Alaskan students are also disproportionately suspended and expelled, representing less than 1% of the student population but 2% of out-of-school suspensions and 3% of expulsions. - Disproportionate suspensions of girls of color: While boys receive more than two out of three suspensions, black girls are suspended at higher rates (12%) than girls of any other race or ethnicity and most boys; American Indian and Native-Alaskan girls (7%) are suspended at higher rates than white boys (6%) or girls (2%). - Suspension of students with disabilities and English learners: Students with disabilities are more than twice as likely to receive an out-of-school suspension (13%) than students without disabilities (6%). In contrast, English learners do not receive out-of-school suspensions at disproportionately high rates (7% suspension rate, compared to 10% of student enrollment). - Suspension rates, by race, sex, and disability status combined: With the exception of Latino and Asian-American students, more than one out of four boys of color with disabilities (served by IDEA) - and nearly one in five girls of color with disabilities - receives an out-of-school suspension. - Arrests and referrals to law enforcement, by race and disability status: While black students represent 16% of student enrollment, they represent 27% of students referred to law enforcement and 31% of students subjected to a school-related arrest. In comparison, white students represent 51% of enrollment, 41% of students referred to law enforcement, and 39% of those arrested. Students with disabilities (served by IDEA) represent a quarter of students arrested and referred to law enforcement, even though they are only 12% of the overall student population. - Restraint and seclusion, by disability status and race: Students with disabilities (served by IDEA) represent 12% of the student population, but 58% of those placed in seclusion or involuntary confinement, and 75% of those physically restrained at school to immobilize them or reduce their ability to move freely. Black students represent 19% of students with disabilities served by IDEA, but 36% of these students who are restrained at school through the use of a mechanical device or equipment designed to restrict their freedom of movement. Details: Washington, DC: U.S. Department of Education, Office for Civil Rights, 2014. 24p. Source: Internet Resource: Issue Brief No.1: Accessed April 23, 2014 at: http://www2.ed.gov/about/offices/list/ocr/docs/crdc-discipline-snapshot.pdf Year: 2014 Country: United States URL: http://www2.ed.gov/about/offices/list/ocr/docs/crdc-discipline-snapshot.pdf Shelf Number: 132140 Keywords: Racial Disparities School Crime School Discipline School Suspension

Author: Simms, Nicole Title: Collateral Costs: Racial Disparities and Injustice in Minnesota's Marijuana Laws Summary: Blacks in Minnesota are 6.4 times more likely to be arrested for marijuana possession than whites, one of the nation's highest disparities, according to FBI statistics. Our latest report finds these disproportionate arrest rates further exacerbate equity gaps for individuals and neighborhoods in communities of color. The research set out to determine costs beyond fines and attorney fees to individuals arrested and/or convicted for marijuana possession, including lost economic opportunity, property forfeiture, being removed from social safety net programs, and emotional distress. Even a low-level marijuana conviction can cost someone up to $76,000 over a decade using fairly conservative estimates. As a result, Minnesota 2020 is joining a growing body of legal experts and community activists in calling for marijuana law reform. The report's recommendations range from fairer seizure laws and more accountable enforcement strategy to full legalization. The laws and strategy used to fight the war on drugs have had a devastating impact on communities of color. An honest discussion about marijuana law reform must include all options and acknowledge the reality that deterrents to marijuana use have been ineffective. A variety of factors contribute to the disparities in arrest rates. Over-policing in communities of color, cultural differences in where and how marijuana is used and purchased, and grants and seizure policies that incentivize volume over quality in drug arrests are major factors for the disparity. As a result, blacks in Ramsey County are 8.8 times more likely to be arrested for marijuana possession than whites, the state's highest disparity for 2011. Hennepin and Steele counties follow, with blacks in both places 6.4 time more likely to be arrested. When state and federal policies strip wealth out of communities, it's time to reexamine our approach to social, economic, and criminal justice issues. By highlighting collateral costs individuals and communities suffer from marijuana enforcement disparities, we hope to reframe the debate about marijuana reform. Details: St. Paul, MN: Minnesota 2020, 2014. 40p. Source: Internet Resource: Accessed May 15, 2014 at: http://www.mn2020.org/assets/uploads/article/collateral_costs_web.pdf Year: 2014 Country: United States URL: http://www.mn2020.org/assets/uploads/article/collateral_costs_web.pdf Shelf Number: 132361 Keywords: Drug Offenders Drug Policy (U.S.) Drug Policy Reform Marijuana Racial Disparities

Author: Haskins, Anna R. Title: Mass Imprisonment and the Intergenerational Transmission of Disadvantage: Paternal Incarceration and Children's Cognitive Skill Development Summary: As a growing number of American school-aged children have incarcerated or formerly incarcerated parents, it has become increasingly important to understand the intergenerational effects of mass imprisonment. I use the Fragile Families Study and its rich paternal incarceration data to assess whether having an incarcerated father impacts children's cognitive skill development by middle childhood. Matching models and sensitivity analyses demonstrate that experiencing paternal incarceration by age 9 is associated with lower cognitive skills and these negative effects hold when controlling for pre-paternal incarceration measures of child cognitive ability. Moreover, I estimate that paternal incarceration explains between 2 and 15 percent of the Black-White achievement gap at age 9. These findings illustrate how mass imprisonment contributes to the persistence of educational disparities, suggesting paternal incarceration as a pathway for the intergenerational transmission of disadvantage from parent to child. Details: Princeton, NJ: Bendheim-Thoman Center for Research on Child Wellbeing, Princeton, University, 2013. 62p. Source: Internet Resource: Fragile Families Working Paper: WP13-15-FF: Accessed June 19, 2014 at: http://crcw.princeton.edu/workingpapers/WP13-15-FF.pdf Year: 2013 Country: United States URL: http://crcw.princeton.edu/workingpapers/WP13-15-FF.pdf Shelf Number: 132530 Keywords: Children of Prisoners Education Families of Inmates Racial Disparities

Author: Pessin, Sandi R. Title: An Examination of the Effects of Race on the Assignment of Aftercare Services and the Effects of Aftercare Services on Recidivism for Juvenile Offenders Summary: About 100,000 youth return to their communities from correctional facilities each year. Among these youth, it is estimated that two-thirds have drug dependency and abuse problems. In recent years advocates have called for intensive aftercare services to better facilitate transitions back into the community and reduce the probability of the youth reoffending. Barriers to the implementation of aftercare services include the untested nature of most current programs, as well as small sample sizes available to conduct studies. In addition, the racial disproportionality within the juvenile justice system is well documented. This study attempts to examine the effects the provisions of aftercare services had on recidivism in a particular substance abuse facility in Virginia, and the effect race played in the assignment of aftercare services. This study found that the assignment rates of Black youth and White youth to aftercare varies with Black youth receiving aftercare less frequently than Whites. However, after controlling for a number of characteristics of the youths, the difference in the assignment to aftercare does not differ significantly by race. This study also found that Black youth were more likely to be declared "severely delinquent" which appears to have systematically disqualified them from receiving aftercare services. Unfortunately, results regarding the effects of aftercare services on recidivism are inconclusive, mostly due to the small sample size. Details: Washington, DC: Georgetown University, Public Policy Institute 2008. 38p. Source: Internet Resource: Master's Essay: Accessed June 19, 2014 at: https://repository.library.georgetown.edu/bitstream/handle/10822/555950/30_etd_srp27.pdf?sequence=3 Year: 2008 Country: United States URL: https://repository.library.georgetown.edu/bitstream/handle/10822/555950/30_etd_srp27.pdf?sequence=3 Shelf Number: 132531 Keywords: Aftercare Juvenile Drug Offenders Juvenile Offenders Juvenile Reentry Racial Disparities Recidivism

Author: Charish, Courtney Title: Race/Ethnicity and Gender Effects on Juvenile Justice System Processing Summary: Disproportionate minority representation in the juvenile justice system has been a national policy issue since 1992 when Congress amended the Juvenile Justice and Delinquency Prevention Act of 1974. The amendments required states participating in the Federal Formula Grants Program to determine the existence of disproportionate minority representation, assess the causes, develop and implement corrective interventions, and evaluate those interventions; and to fund programs addressing gender issues. States that failed to make progress or show good faith efforts towards reducing disproportionate minority representation risked losing one-quarter of their formula grant funds and having to expend the remaining proportion towards achieving progress. The authors of this report conducted an analysis of data for the processing of 25,511 juveniles referred to Oklahoma's juvenile justice system between July 1, 1999 and June 30, 2001. Data for the study was obtained, primarily, from the state's information system for juvenile offenders, the Juvenile On-Line Tracking System (JOLTS). The decision points examined by the study included front end decisions (detention at arrest and intake decisions of district attorneys); and back end decisions made by the juvenile court including decisions to transfer juveniles to the adult criminal justice system, and adjudicatory and dispositional decisions. All outcomes for each decision point were analyzed because inequities, if they existed, may be as much a matter of lack of access to less harsh outcomes as a matter of receiving harsher outcomes. Logistic regression analysis was chosen as the method to determine whether race and gender effects existed and were statistically significant, while controlling for other variables including offense history and its severity, age, the population of counties, household welfare status, and residential area poverty rates. Details: Oklahoma City, OK: Oklahoma Office of Juvenile Affairs, 2004. 80p. Source: Internet Resource: Accessed July 7, 2014 at: http://www.oja.state.ok.us/final%20oja%20report%207-8-04.pdf Year: 2004 Country: United States URL: http://www.oja.state.ok.us/final%20oja%20report%207-8-04.pdf Shelf Number: 135872 Keywords: Disproportionate Minority Contact Gender Juvenile Justice Systems Juvenile Offenders Race/Ethnicity Racial Disparities

Author: Nellis, Ashley Title: Life Goes On: The Historic Rise in Life Sentences in America Summary: n recent years, states around the country have been reconsidering the value of using incarceration as the primary tool for responding to criminal behavior. After a decades-long surge, modest declines in prison populations are now occurring nationally and various state legislatures have reformed sentencing laws that reduce the incarceration of people convicted of certain offenses. In 2011 and 2012, this led to 17 states closing some of their prisons. Despite these developments, the number of prisoners serving life sentences continues to grow even while serious, violent crime has been declining for the past 20 to correlate with increasingly lengthy sentences. This report details the rise of the lifer population in America's prisons, now standing at nearly 160,000, with almost 50,000 people serving life sentences without parole (LWOP). In order to comprehensively assess trends in the use of life imprisonment we undertook a survey of persons serving life sentences in the corrections systems in all 50 states and the Federal Bureau of Prisons during 2012. We sought to obtain data on the number of persons serving such sentences, demographic characteristics, type of offense, and trends in the use of life sentences over time. The lifer population has more than quadrupled in size since 1984. One in nine people in prison is now serving While release could be attained through a successful application for executive clemency, this mechanism for release is rarely utilized. In our 2009 report, No Exit: The Expanding Use of Life Sentences in America, we noted that there were 41,095 people serving LWOP sentences and a total of 140,610 people serving life sentences nationally. Some state departments of corrections have revised these numbers slightly since our last report. The updated numbers are provided.a life sentence and nearly a third of lifers will never have a chance at a parole hearing; they are certain to die in prison. This analysis documents long-term trends in the use of life imprisonment as well as providing empirical details for the offenses that comprise the life-sentenced population. KEY FINDINGS - As of 2012, there were 159,520 people serving life sentences, an 11.8% rise since 2008. - One of every nine individuals in prison is serving a life sentence. - The population of prisoners serving life without parole (LWOP) has risen more sharply than those with the possibility of parole: there has been a 22.2% increase in LWOP since just 2008, an increase from 40,1745 individuals to 49,081. - Approximately 10,000 lifers have been convicted of nonviolent offenses. - Nearly half of lifers are African American and 1 in 6 are Latino. - More than 10,000 life-sentenced inmates have been convicted of crimes that occurred before they turned 18 and nearly 1 in 4 of them were sentenced to LWOP. - More than 5,300 (3.4%) of the life-sentenced inmates are female. Details: Washington, DC: The Sentencing Project, 2013. 30p. Source: Internet Resource: Accessed July 7, 2014 at: http://sentencingproject.org/doc/publications/inc_Life%20Goes%20On%202013.pdf Year: 2013 Country: United States URL: http://sentencingproject.org/doc/publications/inc_Life%20Goes%20On%202013.pdf Shelf Number: 130017 Keywords: Incarceration Life Imprisonment Life Sentence Prisoners Punishment Racial Disparities

Author: Green, Alice P. Title: What Have We Done? Mass Incarceration and the Targeting of Albany's Black Males by Federal, State, and Local Authorities Summary: This is the third in a series of three reports released by the Center for Law and Justice in 2012. Two earlier reports described the alarming overrepresentation of minorities in the Capital Region criminal and juvenile justice systems. In this report, the Center documents the devastation wrought by recent arrest sweeps conducted in Albany minority communities by federal, state, and local authorities; as a result of the sweeps, scores of Albany's young African-American men have been sentenced to more than 600 years in prison for non-violent offenses. This additional punishment meted out to minorities for drug-related offenses upholds Albany County's dubious distinction as one of the most racially-disparate sentencing jurisdictions in the state. Section I of this report presents statistical data demonstrating the local impact of the "War on Drugs": the disproportionate representation of minorities among arrests, convictions, and sentences to state prison in Albany County. In one national study, Albany County ranked 5th in the nation in the ratio of African American to white drug admission rates. Although steps have recently been taken to reduce inequities in state and federal drug crime sentencing, law enforcement officials are now using a new tool to arrest and prosecute drug-related crimes alleged to have been committed by minorities: racketeering laws. Section II documents how young African-American men from Albany are now being subjected to additional years in prison, in some cases for committing no new crimes. Though law enforcement officials claimed to have been targeting serious offenses, many of Albany's black males were sentenced to serve a third of their young lives behind bars for merely having associated in one way or another --- either through a phone call, by enjoying similar music, by attending the same social function, or through some other seemingly innocuous connection --- with those suspected of criminal activity. Federal sweeps incarcerated 33 of Albany's young African-American males for a total of nearly 300 years, for non-violent crimes; a single state sweep sent 17 non-violent offenders, all minorities, to prison for a total of 317 years, for non-violent crimes. Section III provides historical context demonstrating that the mass incarceration of Albany's young black men is rooted in structural racism that perpetuates a racial caste system. Sustaining an era of the new Jim Crow, the "War on Drugs" launched in response to civil rights legislation in the 1960s replicates post-Civil War laws passed to discriminate against blacks in response to Reconstruction-era constitutional amendments. Just as the vast majority of those "hanged, shot and roasted alive" in nineteenth-century lynchings were not even charged with the crime (rape) for which the "sentence" was imposed, most imprisoned for hundreds of years as a result of twenty-first century Albany drug sweeps were sentenced not for the heinous crimes of murder, robbery, and assault trumpeted by investigators, but for non-violent convictions. Section IV describes the devastating individual and community consequences of mass incarceration. Section V explains that the enormous toll mass incarceration exacts on minority communities across the country can only be addressed through a two-pronged approach: a commitment by government entities to address the impact of mass incarceration, and a grass-roots social movement to educate and mobilize communities regarding "The New Jim Crow." Details: Albany, NY: Center for Law and Justice, 2012. 40p. Source: Internet Resource: Accessed July 14, 2014 at: http://www.cflj.org/cflj/what-have-we-done.pdf Year: 2012 Country: United States URL: http://www.cflj.org/cflj/what-have-we-done.pdf Shelf Number: 129725 Keywords: Minority Groups Prisoners Race/Ethnicity Racial Disparities

Author: Green, Alice P. Title: Pathway to Change: African Americans and Community Policing in Albany Summary: Steven Krokoff has been the Chief of Police in Albany, New York for three years. His selection was the first police chief appointment in history to require the approval of the city's governing body, the Albany Common Council. Krokoff's predecessor, James Tuffey, had retired abruptly after allegations that he had uttered a racial epithet; Tuffey's departure capped decades of racial tensions between the police department and the community it serves. An extensive search process that relied heavily on community input culminated in the recommendation that Krokoff, the acting chief of the department who had proclaimed his complete commitment to community policing during the selection process, be appointed to the position. This report examines the extent to which the community's expectations have been met thus far. This document follows three reports published by the Center for Law and Justice (CFLJ) in 2012, documenting the disparate effects of the criminal justice system on people of color in the Capital Region. Two of those reports describe the manner in which local minorities are arrested, detained, convicted and incarcerated in proportions far greater than their representation in the general population. The third report depicts the impact of the "war on drugs" in Albany, resulting in the sentencing of scores of Albany's young African-American men to more than 600 years in prison for non-violent offenses. This report examines the current relationship between the police department and African Americans in Albany. Though racial tensions between the police department and African Americans date back to World War II, most observers point to the 1984 police killing of Jesse Davis in his Arbor Hill home as the catalyst for calls for change in the department. Davis, an unarmed, mentally ill black man was shot several times by police, including once in the back and once in the top of the head. The police officers claimed they had to shoot Davis because he came at them with a knife in one hand and a fork in the other. Though a grand jury cleared the police of any wrongdoing, a police department photograph uncovered years later showed Davis' lifeless body clutching only a key case in one hand and a toy truck in the other. Despite the public outrage that followed this disclosure, racial incidents involving the police and citizens persisted throughout the 1990's and into the twenty-first century. Given their first opportunity to provide input into the selection of a police chief in 2010, community members demanded a chief dedicated to "true" community policing; the department had made a few false starts down the community policing road in previous years. This report examines the performance of the Albany Police Department under the leadership of Steven Krokoff in six key areas: community policing; transparency; public protection and law enforcement; cultural competency; leadership and communication; and political independence. CFLJ concludes that although much progress has been made and there is now a palpable path to a mutually-respectful police/community partnership in Albany, there remains much work ahead before community policing is an everyday reality for African Americans in the city. Recommendations are made for action by the police department, by the Albany Common Council, and by members of the community. Details: Albany, NY: Center for Law & Justice, 2013. 33p. Source: Internet Resource: Accessed July 14, 2014 at: http://www.cflj.org/cflj/PathwaytoChange.pdf Year: 2013 Country: United States URL: http://www.cflj.org/cflj/PathwaytoChange.pdf Shelf Number: 132669 Keywords: African-Americans Community Policing Minority Groups Police-Citizen Interactions Police-Community Relations Racial Disparities

Author: Green, Alice P. Title: The Disproportionate Impact of the Criminal Justice System on People of Color in the Capital Region Summary: This report, the first in a series of three by the Center for Law and Justice examining the impact of federal, state and local criminal justice system practices on minorities in the Capital Region, details the overrepresentation of minorities among Capital Region arrests, convictions, and sentences to state prison. It further chronicles the devastating impact the criminal justice system has on minority individuals and communities, and makes recommendations for change. Section I of the report presents statistical data culled from state and local criminal justice agencies and the United States Census Bureau to demonstrate the disproportionate representation of minorities among arrests, convictions, and sentences to state prison in Albany, Rensselaer, and Schenectady counties. The percentage of Capital Region arrests and convictions that are minorities is twice their representation in the general population, and the percentage of minorities among prison sentences is as high as almost four times greater than their representation in the general population. Contrary to the sometimes asserted contention that this is due to a higher rate of commission of crimes by minorities, the literature indicates that this disproportionality is more likely due to facially neutral policies that have racially disparate effects. Section II explains the concept of the "collateral consequences" of a criminal conviction: conditions that, beyond the actual incarcerative sentence, often attach automatically upon conviction. Conviction and/or incarceration can impose highly restrictive educational, employment, housing, and civic conditions on an individual, including losing the right to vote. In addition to the destructive consequences of a criminal conviction to individuals, mass incarceration of people of color wreaks havoc in the neighborhoods in which they reside, resulting in severely impoverished communities. Section III describes the historic impact of the federal "War on Drugs" and New York's Rockefeller Drug Laws on the mass incarceration of Capital Region people of color. In 2002, Albany County had one of the highest drug crime prison admission rates in the entire country, and one of the most racially disproportionate rates. More recent data from 2011 indicate that Albany County maintains its dubious distinction of having comparatively higher (and more racially disparate) prison admission rates than other jurisdictions in the state. Section IV examines the relationships between the police department and the community in the cities of Albany, Troy and Schenectady. All three departments have expressed a commitment to "community policing," and the extent to which each department has operationalized this commitment is assessed. Section V considers the Capital Region statistics in the context of "The New Jim Crow" movement, which asserts that mass incarceration serves to maintain a racial caste system that denies education, employment, housing, and voting rights to those who carry the label "felon," in much the same way that the post-Civil War Jim Crow laws denied rights to blacks. Lastly, Section VI provides recommendations for change. Details: Albany, NY: Center for Law and Justice, 2012. 29p. Source: Internet Resource: Accessed July 14, 2014 at: http://www.cflj.org/wp-content/uploads/2012/05/The-Disproportionate-Impact-of-the-Criminal-Justice-System-on-People-of-Color-in-the-Capital-Region.pdf Year: 2012 Country: United States URL: http://www.cflj.org/wp-content/uploads/2012/05/The-Disproportionate-Impact-of-the-Criminal-Justice-System-on-People-of-Color-in-the-Capital-Region.pdf Shelf Number: 132670 Keywords: African Americans Minority Groups Police-Community Relations Racial Disparities War on Drugs

Author: Bradford, Spike Title: Virginia's Justice System: Expensive, Ineffective and Unfair Summary: With the 8th highest jail incarceration rate in the U.S., 1 of every 214 adult Virginians is behind bars in county jails across the state; African-American youth over-represented in the juvenile justice system; and the Commonwealth's overreliance on incarceration largely as a result of arresting Virginians for drug offenses - Virginia has an over-burdened correctional system unable to consistently provide services or safety. Virginia's Justice System: Expensive, Ineffective and Unfair points to reforms that, if implemented, would result in relief for Virginians directly impacted by the justice system and taxpayers alike. The policy brief -- the first in a series of publications being released by JPI as a group of justice advocates and concerned stakeholders have been meeting in the Commonwealth to discuss pushing for reforms -- is an overview of the Commonwealth's adult and youth justice system, which identifies areas of progress - like the recent effort to re-enfranchise formerly incarcerated residents with voting rights and other civil rights - and also identifies solutions to revise ineffective policies and practices of the past that remain in place. Details: Washington, DC: Justice Policy Institute, 2013. 20p. Source: Internet Resource: Accessed July 16, 2014 at: http://www.justicepolicy.org/uploads/justicepolicy/documents/va_justice_system_expensive_ineffective_and_unfair_final.pdf Year: 2013 Country: United States URL: http://www.justicepolicy.org/uploads/justicepolicy/documents/va_justice_system_expensive_ineffective_and_unfair_final.pdf Shelf Number: 132686 Keywords: Costs of Criminal Justice Criminal Justice Reform Criminal Justice Systems Drug Law Policy Drug Offenders Juvenile Justice Minority Groups Prisoners Racial Disparities

Author: Kutateladze, Besiki Title: Prosecution and Racial Justice in New York County -- Technical Report Summary: Minority overrepresentation in the criminal justice system is of great national concern. Prosecutors' discretion to file charges, change or reduce charges, plea bargain, and make sentencing recommendations is nearly unlimited. Despite this authority, prior research has not adequately examined the extent to which prosecutors may contribute to racial and ethnic disparities. Research on criminal case processing typically examines a single outcome from a particular decision-making point, making it difficult to draw reliable conclusions about the impact that factors such as defendants' race or ethnicity exert across successive stages of the justice system. Using a unique dataset from the New York County District Attorney's Office (DANY) that tracks a large sample of diverse criminal cases, this study assesses racial and ethnic disparity at multiple discretionary points of prosecution and sentencing. In addition to a large administrative dataset, randomly selected subsamples of misdemeanor marijuana and felony non-marijuana drug cases were chosen, and information on arrest circumstances and evidence factors was gathered from prosecutors' paper files to supplement our analyses. The study found that DANY prosecutes nearly all cases brought by the police with no marked racial or ethnic differences at case screening. For subsequent decisions, disparities varied by discretionary point and offense category. For all offenses combined, compared to similarly-situated white defendants, black and Latino defendants were more likely to be detained, to receive a custodial plea offer, and to be incarcerated; but they were also more likely to benefit from case dismissals. In terms of offense categories, blacks and Latinos were particularly likely to be held in pretrial detention for misdemeanor person offenses, followed by misdemeanor drug offenses. Blacks and Latinos were also most likely to have their cases dismissed for misdemeanor drug offenses. Disparities in custodial sentence offers as part of the plea bargaining process and ultimate sentences imposed were most pronounced for drug offenses, where blacks and Latinos received especially punitive outcomes. Asian defendants appeared to have most favorable outcomes across all discretionary points, as they were less likely to be detained, to receive custodial offers, and to be incarcerated relative to white defendants. Asian defendants received particularly favorable outcomes for misdemeanor property offenses. The study concludes with a discussion of implications for DANY and the research community, as well as study limitations. Details: New York: Vera Institute of Justice, 2014. 283p. Source: Internet Resource: Accessed August 12, 2014 at: http://www.vera.org/sites/default/files/resources/downloads/race-and-prosecution-manhattan-technical.pdf Year: 2014 Country: United States URL: http://www.vera.org/sites/default/files/resources/downloads/race-and-prosecution-manhattan-technical.pdf Shelf Number: 133017 Keywords: Disproportionate Minority Contact Minority Groups Prosecution (New York) Prosecutorial Discretion Racial Disparities

Author: Donohue, John J., III Title: An Empirical Evaluation of the Connecticut Death Penalty System Since 1973: Are There Unlawful Racial, Gender, and Geographic Disparities? Summary: This article analyzes the 205 death-eligible murders leading to homicide convictions in Connecticut from 1973-2007 to determine if discriminatory and arbitrary factors influenced capital outcomes. A regression analysis controlling for an array of legitimate factors relevant to the crime, defendant, and victim provides overwhelming evidence that minority defendants who kill white victims are capitally charged at substantially higher rates than minority defendants who kill minorities, that geography influences both capital charging and sentencing decisions (with the location of a crime in Waterbury being the single most potent influence on which death-eligible cases will lead to a sentence of death), and that the Connecticut death penalty system has not limited its application to the worst of the worst death-eligible defendants. The work of an expert hired by the State of Connecticut provided emphatic, independent confirmation of these three findings, and found that women who commit death-eligible crimes are less likely than men to be sentenced to death. There is also strong and statistically significant evidence that minority defendants who kill whites are more likely to end up with capital sentences than comparable cases with white defendants. Regression estimates of the effect of both race and geography on death sentencing reveal the disparities can be glaring. Considering the most common type of death-eligible murder - a multiple victim homicide - a white on white murder of average egregiousness outside Waterbury has a .57 percent chance of being sentenced to death, while a minority committing the identical crime on white victims in Waterbury would face a 91.2 percent likelihood. In other words, the minority defendant in Waterbury would be 160 times more likely to get a sustained death sentence than the comparable white defendant in the rest of the state. Among the nine Connecticut defendants to receive sustained death sentences over the study period, only Michael Ross comports with the dictates that "within the category of capital crimes, the death penalty must be reserved for 'the worst of the worst.'" For the eight defendants on death row (after the 2005 execution of Ross), the median number of equally or more egregious death-eligible cases that did not receive death sentences is between 35 and 46 (depending on the egregiousness measure). In light of the prospective abolition of the Connecticut death penalty in April 2012, which eliminated the deterrence rationale for the death penalty, Atkins v. Virginia teaches that unless the Connecticut death penalty regime "measurably contributes to [the goal of retribution], it is nothing more than the purposeless and needless imposition of pain and suffering, and hence an unconstitutional punishment." Apart from Ross, the evidence suggests that the eight others residing on death row were not measurably more culpable than the many who were not capitally sentenced. Moreover, Connecticut imposed sustained death sentences at a rate of 4.4 percent (9 of 205). This rate of death sentencing is among the lowest in the nation and more than two-thirds lower than the 15 percent pre-Furman Georgia rate that was deemed constitutionally problematic in that "freakishly rare" sentences of death are likely to be arbitrary. Details: Forthcoming article, 2014. 84p. Source: Internet Resource: Working Paper: Accessed August 23, 2014 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2470082 Year: 2013 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2470082 Shelf Number: 133118 Keywords: Capital Punishment (Connecticut) Death Penalty Gender Disparities Racial Disparities

Author: Sideman, Olivia Title: Prosecution and Racial Justice in New York County - Partnership Report Summary: The number of blacks and Latinos involved in the criminal justice system is disproportionately large compared to their numbers in the general population. This phenomenon, known as minority overrepresentation in the criminal justice system, has attracted the attention and concern of researchers, policymakers, and advocates nationwide. Yet attempts to understand the factors contributing to this disproportion historically have been limited by some inherent aspects of the justice system structure. Specifically, the system grants prosecutors broad, largely unchecked, and virtually unreviewable discretion in filing, changing, or reducing charges, plea bargaining, and making sentencing recommendations. Despite the vast influence of prosecutors in the criminal justice system, there is little existing research that adequately examines the extent to which prosecutors may contribute to unwarranted racial and ethnic disparities. Researchers rarely get access to the data necessary to investigate the relationship between race or ethnicity and prosecutorial outcomes; indeed, most jurisdictions do not systematically capture this information. When researchers are able to use available data, they typically examine the data in isolation from prosecutorial practices. The results are of relatively little use to prosecutors concerned with developing a more deliberate approach to the exercise of discretion within their offices and with ensuring the equitable treatment of defendants. With an interest in addressing this gap in the research and providing practical findings and evidence-based technical assistance, the Prosecution and Racial Justice Program (PRJ) of the Vera Institute of Justice (Vera) has partnered with a number of district attorneys' (DAs') offices around the country, using a unique researcher-practitioner model. This report describes Vera's most recent partnership, with the New York County District Attorney's Office (DANY), which was funded by the National Institute of Justice (NIJ). The partnership allowed Vera to place two-to-three researchers, depending on the phase of the project, at DANY for 20 months to work closely with DANY staff and analyze felony and misdemeanor cases disposed in 2010 and 2011. The study began in January 2012. It aimed to explore the influence of defendants' race and ethnicity on case acceptance for prosecution; detention status; plea offers to a lesser charge and custodial punishment offers; case dismissals; sentencing; and charge dynamics while considering a host of other factors influencing prosecutorial decision making (e.g., prior record or charge seriousness). The project involved: (1) evaluating and analyzing existing administrative data; (2) conducting prosecutorial semi-structured interviews to better understand case processing and data limitations; (3) collecting additional data from a sample of 2,409 case files; (4) hosting meetings to discuss research findings and their policy implications; and (5) disseminating findings through reports, peer-reviewed publications, and conference presentations. Details: New York: Vera Institute of Justice, 2014. 31p. Source: Internet Resource: Accessed August 28, 2014 at: http://www.vera.org/sites/default/files/resources/downloads/race-and-prosecution-manhattan-partnership.pdf Year: 2014 Country: United States URL: http://www.vera.org/sites/default/files/resources/downloads/race-and-prosecution-manhattan-partnership.pdf Shelf Number: 133152 Keywords: Case Processing Ethnic Disparities Prosecution (New York) Prosecutorial Decision-Making Prosecutorial Discretion Prosecutors Racial Disparities

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 Crime Discrimination LGBT Youth Racial Disparities School Bullying (U.S.) School Discipline School-to-Prison Pipeline

Author: Ghandnoosh, Nazgol Title: Race and Punishment: Racial Perceptions of Crime and Support for Punitive Policies Summary: The American criminal justice system is at a critical juncture. In recent years, federal policymakers have called for reforms, following the lead of states that have reduced prison populations without compromising public safety. Nationwide prison counts have fallen every year since 2010, and the racial gap in imprisonment rates has also begun to narrow. Yet the recent tragic events in Ferguson, Missouri - where the killing of an unarmed African American teenager has sparked outrage - highlight the ongoing relevance of race in the criminal justice system. To guide and give greater momentum to recent calls for reform, this report examines a key driving force of criminal justice outcomes: racial perceptions of crime. A complex set of factors contributes to the severity and selectivity of punishment in the United States, including public concern about crime and racial differences in crime rates. This report synthesizes two decades of research establishing that skewed racial perceptions of crime - particularly, white Americans' strong associations of crime with racial minorities - have bolstered harsh and biased criminal justice policies. Details: Washington, DC: The Sentencing Project, 2014. 44p. Source: Internet Resource: Accessed September 10, 2014 at: http://sentencingproject.org/doc/publications/rd_Race_and_Punishment.pdf Year: 2014 Country: United States URL: http://sentencingproject.org/doc/publications/rd_Race_and_Punishment.pdf Shelf Number: 133263 Keywords: Criminal Justice Reform Minorities and Crime Punishment Race and Crime (U.S.) Racial Bias Racial Disparities

Author: American Civil Liberties Union Title: Democracy Imprisoned: A review of the prevalence and impact of felony disenfranchisement laws in the United States Summary: This report has been authored by a coalition of non-profit organizations working on civil rights and criminal justice issues in the United States. The following organizations contributed to this report: the American Civil Liberties Union (ACLU), the ACLU of Florida, the Hip Hop Caucus, the Lawyers' Committee for Civil Rights Under Law, the Leadership Conference on Civil and Human Rights, the National Association for the Advancement of Colored People (NAACP), the NAACP Legal Defense and Educational Fund, Inc. and The Sentencing Project (collectively, the "Reporting Organizations"). Descriptions of each organization are attached as Appendix A. Some of the Reporting Organizations made List of Issues Submissions to the Human Rights Committee (the "Committee") in December 2012. This report updates items from those submissions and provides additional information to aid in the Committee's review of the United States' ("U.S." or "Government") felony disenfranchisement practices. As a supplement to those Submissions, this report includes an overview of the history of and rationale for felony disenfranchisement laws in the United States, considers the U.S.' disenfranchisement practices in the context of other nations, and discusses recent state law developments. After its review of the United States' second and third periodic report, the Committee expressed concern that the country's felony disenfranchisement practices have "significant racial implications." It also noted that "general deprivation of the right to vote for persons who have received a felony conviction, and in particular for those who are no longer deprived of liberty, do not meet the requirements of articles 25 and 26 of the Covenant, nor serves the rehabilitation goals of article 10(3)." The Reporting Organizations are encouraged by the Committee's interest in felony disenfranchisement practices in the United States and share the Committee's concerns about the extent to which these laws and their impact are consistent with the critical human rights protections enshrined in the Convention. The United States continues to lead the world in the rate of incarcerating its own citizens. The reach of the American correctional system has expanded over the course of the past half-century. In 1980, fewer than two million individuals were either incarcerated or on probation or parole; in 2011, that number was over seven million. Despite a decrease in the prison population over the past three years and substantial reform efforts in some states, the overall disenfranchisement rate has increased dramatically in conjunction with the growing U.S. corrections population, rising from 1.17 million in 1976 to 5.85 million by 2010. The growing incarceration rate has been mirrored by the disenfranchisement rate, which has increased by about 500% since 1980. The fact that felony disenfranchisement is so wide-reaching is deeply disturbing, and indicates that these laws undermine the open, participatory nature of our democratic process. Details: New York: ACLU, 2014. 12p. Source: Internet Resource: Accessed October 24, 2014 at: http://sentencingproject.org/doc/publications/fd_ICCPR%20Felony%20Disenfranchisement%20Shadow%20Report.pdf Year: 2013 Country: United States URL: http://sentencingproject.org/doc/publications/fd_ICCPR%20Felony%20Disenfranchisement%20Shadow%20Report.pdf Shelf Number: 133811 Keywords: Collateral Consequences Criminal Disenfranchisement Felony Disenfranchisement Laws (U.S.) Felony Offenders Political Rights, Loss of Racial Disparities Voting Rights

Author: Light, Michael T. Title: The New Face of Legal Inequality: Noncitizens and the Long-Term Trends in Sentencing Disparities Across U.S. District Courts, 1992-2009 Summary: In the wake of mass immigration from Latin America, legal scholars have shifted focus from racial to ethnic inequality under the law. A series of studies now suggest that Hispanics may be the most disadvantaged group in U.S. courts, yet this body of work has yet to fully engage the role of citizenship status. The present research examines the punishment consequences for non-U.S. citizens sentenced in federal courts between 1992 and 2009. Drawing from work in citizenship studies and sociolegal inequality, I hypothesize that non-state members will be punished more severely than U.S. citizens, and any trends in Hispanic ethnicity over this period will be linked to punitive changes in the treatment of noncitizens. In line with this hypothesis, results indicate a considerable punishment gap between citizens and noncitizens - larger than minority-white disparities. Additionally, this citizenship 'penalty' has increased at the incarceration stage, explaining the majority of the increase in Hispanic-white disparity over the past two decades. As international migration increases, these findings call for greater theoretical and empirical breadth in legal inequality research beyond traditional emphases, such as race and ethnicity. Details: West Lafayette, IN: Purdue University, Department of Sociology, 2014. 37p. Source: Internet Resource: Criminal Justice, Borders and Citizenship Research Paper : Accessed November 20, 2014 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2507448 Year: 2014 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2507448 Shelf Number: 134173 Keywords: Hispanics Immigrants Punishment Racial Disparities Sentencing Disparities (U.S>)

Author: Jannetta, Jesse Title: Examining Racial and Ethnic Disparities in Probation Revocation: Summary Findings and Implications from a Multisite Study Summary: This brief presents summary findings from an Urban Institute study examining the degree of racial and ethnic disparity in probation revocation outcomes and the drivers of that disparity in four diverse probation jurisdictions. Black probationers were revoked at higher rates than white and Hispanic probationers in all study sites. Differences in risk assessment scores and criminal history were major contributors to the black-white disparity. Results for disparity to the disadvantage of Hispanic probationers were mixed. The brief concludes with a discussion of policy implications for probation and the criminal justice system as a whole. Details: Washington, DC: Urban Institute, 2014. 15p. Source: Internet Resource: Accessed November 25, 2014 at: http://www.urban.org/UploadedPDF/413174-Examining-Racial-and-Ethnic-Disparities-in-Probation-Revocations-Summary-Findings.pdf Year: 2014 Country: United States URL: http://www.urban.org/UploadedPDF/413174-Examining-Racial-and-Ethnic-Disparities-in-Probation-Revocations-Summary-Findings.pdf Shelf Number: 134238 Keywords: Criminal Justice Policy Probation Revocation Probationers (U.S.) Racial Disparities

Author: Ho, Helen Title: Examining Racial Disparities in the Sixth Judicial District of Iowa's Probation Revocation Outcomes Summary: The Urban Institute examined racial disparities in the probation revocation rates in Iowa's Sixth Judicial District. Black probationers in the study sample were revoked at significantly higher rates than both white and Hispanic probationers. Disparities in revocation outcomes persisted after controlling for available legal and demographic factors. A little over half of the black-white disparity in revocation rates was attributable to group differences in characteristics other than race. This brief situates the study in the context of the SJD's past efforts addressing disparities in probation processes and outcomes and discusses potential future directions in light of the study findings. Details: Washington, DC: Urban Institute, 2014. 10p. Source: Internet Resource: Accessed November 25, 2014 at: http://www.urban.org/UploadedPDF/413173-Examining-Racial-Disparities-in-the-Sixth-Judicial-District-of-Iowas-Probation-Revocation-Outcomes.pdf Year: 2014 Country: United States URL: http://www.urban.org/UploadedPDF/413173-Examining-Racial-Disparities-in-the-Sixth-Judicial-District-of-Iowas-Probation-Revocation-Outcomes.pdf Shelf Number: 134239 Keywords: Probation Revocation Probationers (Iowa) Racial Disparities

Author: Breaux, Justin Title: Responding to Racial Disparities in the Multnomah County's Probation Revocation Outcomes Summary: The Urban Institute examined racial disparities in probation revocation rates in Multnomah County, Oregon. Black probationers in the study sample were twice as likely to experience a revocation as were white and Hispanic probationers, although the base rate of revocations was very low for all groups. Disparities in revocation outcomes persisted after controlling for available legal and demographic factors. This brief situates the study in the context of Multnomah County's past efforts to improve probation practices and address disparities in probation processes and outcomes. It discusses policy implications and future directions for improvement in light of the study findings. Details: Washington, DC: Urban Institute, 2014. 9p. Source: Internet Resource: Accessed November 25, 2014 at: http://www.urban.org/UploadedPDF/413175-Responding-to-Racial-Disparities-in-Multnomah-County-Probation-Revocations.pdf Year: 2014 Country: United States URL: http://www.urban.org/UploadedPDF/413175-Responding-to-Racial-Disparities-in-Multnomah-County-Probation-Revocations.pdf Shelf Number: 134240 Keywords: Probation Revocation Probationers (U.S.) Racial Disparities

Author: Cox, Robynn Title: Where Do We Go From Here? Mass Incarceration and the Struggle for Civil Rights Summary: On the surface, crime and punishment appear to be unsophisticated matters. After all, if someone takes part in a crime, then shouldn't he or she have to suffer the consequences? But dig deeper and it is clear that crime and punishment are multidimensional problems that stem from racial prejudice justified by age-old perceptions and beliefs about African Americans. The United States has a dual criminal justice system that has helped to maintain the economic and social hierarchy in America, based on the subjugation of blacks, within the United States. Public policy, criminal justice actors, society and the media, and criminal behavior have all played roles in creating what sociologist Loic Wacquant calls the hyper-incarceration of black men. But there are solutions to rectify this problem. To summarize the major arguments in this essay, the root cause of the hyper-incarceration of blacks (and in particular black men) is society's collective choice to become more punitive. These tough-on-crime laws, which applied to all Americans, could be maintained only because of the dual legal system developed from the legacy of racism in the United States. That is, race allowed for society to avoid the trade-off between societies "demand" to get tough on crime and its "demand" to retain civil liberties, through unequal enforcement of the law. In essence, tying crime to observable characteristics (such as race or religious affiliation) allowed the majority in society to pass tough-on-crime policies without having to bear the full burden of these policies, permitting these laws to be sustained over time. What's more, the history of racism, which is also linked to the history of perceptions of race and crime, has led society to choose to fight racial economic equality using the criminal justice system (i.e., incarceration) instead of choosing to reduce racial disparities through consistent investments in social programs (such as education, job training, and employment, which have greater public benefits), as King (1968) lobbied for before his assassination. In other words, society chose to use incarceration as a welfare program to deal with the poor, especially since the underprivileged are disproportionately people of color. At the same time, many communities attempted to benefit economically from mass incarceration by using prisons as a strategy for economic growth, making the incarceration system eerily similar to the system of slavery. Given all of the documented social and economic costs of mass incarceration (e.g., inferior labor market opportunities, increases in the racial disparity in HIV/AIDS, destruction of the family unit), it can be concluded that it has helped to maintain the economic hierarchy, predicated on race, in the United States. In order to undo the damage that has been done, and in order to move beyond our racial past, we must as a nation reeducate ourselves about race; and then, as a society, commit to investing in social programs targeted toward at-risk youth. We must also ensure diversity in criminal justice professionals in order to achieve the economic equality that King fought for prior to his death. Although mass incarceration policies have recently received a great deal of attention (due to incarceration becoming prohibitively costly), failure to address the legacy of racism passed down by our forefathers and its ties to economic oppression will only result in the continued reinvention of Jim Crow. Details: Washington, DC: Economic Policy Institute, 2015. 27p. Source: Internet Resource: Accessed January 21, 2015 at: http://s2.epi.org/files/2014/MassIncarcerationReport.pdf Year: 2015 Country: United States URL: http://s2.epi.org/files/2014/MassIncarcerationReport.pdf Shelf Number: 134424 Keywords: Economic Analysis Mass Incarceration (U.S.) Minorities Prisoners Punishment Racial Disparities Racism

Author: Mullen, Jess Title: The Young Review: Improving outcomes for young black and/or Muslim men in the Criminal in the Criminal Justice System. Summary: The disproportionately high numbers of black, Asian and minority ethnic (BAME) offenders and the poor outcomes they face in the Criminal Justice System (CJS) have been drawn to the attention of successive governments, voluntary and public sector agencies for decades. The situation has frequently been the subject of independent scrutiny and attempted institutional reform. Yet despite this, poor results persist; arguably, we have now reached a critical point. The figures should be of great concern to all those with an interest in crime prevention and reduction and the rehabilitation of offenders. For example: - There is greater disproportionality in the number of black people in prisons in the UK than in the United States. - 13.1% of prisoners self identify as black, compared with approximately 2.9% of the over 18 population recorded in the 2011 Census. - Similarly Muslim prisoners account for 13.4% of the prison population compared with 4.2 % in the 2011 Census. - This figure has risen sharply since 2002 when Muslim prisoners were 7.7% of the prison population. Starting its work in October 2013, one of the main aims of the Young Review has been to consider how existing knowledge regarding the disproportionately negative outcomes experienced by black and Muslim male offenders may be applied in the significantly changed environment introduced under the Transforming Rehabilitation (TR) reforms. We convened a Task Group comprising ex-offenders and representatives from the voluntary, statutory, private and academic sectors to advise and help shape the Young Review. We set up discussion groups with service users, in prison and community settings, along with organisations that provide services to them. We also met with a range of representatives from statutory agencies and independent providers in the CJS. Our findings and recommendations are based on these discussions and meetings, and an examination of the available literature and data relating to young black and/or Muslim offenders. In focusing on this particular demographic, we are immediately presented with the challenge of current methodologies employed in collecting and analysing information. Most existing data and research focuses on all people of BAME origin and of all ages and/or faiths. Where data is disaggregated, broad categories such as 'mixed origin' or Muslim are used, when neither group is culturally or ethnically homogeneous. In addition, not all criminal justice agencies use the same categories for ethnic origin data. BAME representation in the prison population is heavily influenced by age with many more young BAME male prisoners than older ones. In addition in the youth estate BAME disproportionality is even starker with 43% of 15-17 year olds coming from such backgrounds; this is a concerning sign for the potential future make up of the adult prison population. Whatever the shortcomings of the data, there is ample evidence demonstrating the high proportions of young black and/or Muslim men at all stages of the CJS compared to all other groups reporting the least positive perceptions of prison life8 and referring to the negative impact of being perceived through racialised stereotypes. The poorer outcomes we highlight for these young men exist within a wider context of over representation for this group at the earlier stages of the CJS and a pattern of multiple disadvantage in other areas of social policy. Details: London: Barrow Cadbury Trust, 2014. 60p. Source: Internet Resource: Accessed January 28, 2015 at: http://www.clinks.org/sites/default/files/basic/files-downloads/clinks_young-review_report_final-web_0.pdf Year: 2014 Country: United Kingdom URL: http://www.clinks.org/sites/default/files/basic/files-downloads/clinks_young-review_report_final-web_0.pdf Shelf Number: 134481 Keywords: Male Offenders (U.K.) Minority Offenders Muslim Prisoners Racial Disparities Racial Minorities Young Offenders

Author: Diaz, Jay Title: Kicked Out! Unfair and Unequal Student Discipline in Vermont's Public Schools Summary: Over the course of the last decade, Vermont policymakers have shown great concern about the widening achievement gap between low-income students and their upper-income peers. This achievement gap is closely connected to disability, race, and poverty. Because kids with disabilities, of color, and from low-income families do worse in school, they are more likely to grow up to be poor adults. Not only does this outcome violate our sense of justice as Vermonters, it also weakens our faith that education is the great equalizer. If our state is to create and maintain a stable, productive, and vibrant society, we must do something to ensure that all students are able to succeed. To that end, Vermont is making strides to reduce child poverty and ensure educational equality. We fund our schools through a system that promotes equal access to quality public education no matter the town's property values or income levels. We are also moving toward universal pre-K and healthcare, improving access to early childcare for low-income families, and raising the minimum wage. However, we have shied away from coming up with policy solutions to reduce other continuing inequities in our education system. While Vermont's education system ranks high nationally, we continue to see gaps in achievement, skills, aspiration for post-secondary attendance, and direct college attendance. Why? Across the country, educators, policymakers, advocates, parents, and students are finding some of the answers. In a 2014 report, The Council of State Governments found large disparities between the rates of exclusionary discipline for students with disabilities, students of color, and students from low-income families when compared with other students. The report emphasized that "an overreliance on suspensions, expulsions, and arrests has been shown as counterproductive to achieving many of a school's goals and has had tremendously negative consequences for youth." For instance, a Johns Hopkins study showed that students suspended just one time in grade 9 had double the risk of dropping out. Other studies have shown that disciplinary removal increases the likelihood of contact with the juvenile justice system by threefold. Myriad other studies connect drop-out rates to a greater likelihood of incarceration as an adult and higher poverty rates. Furthermore, the issue is seen as having such great importance that the U.S. Departments of Justice and Education jointly released legal guidance on the need to improve school discipline and climate. Thankfully, the Council also found that intentionally correcting these disparities by lowering exclusionary discipline not only improved school climate, safety, and order, but also kept students engaged in learning and increased their chances for life-long success. According to the Discipline Disparities Research Collaborative, numerous studies show that the use of positive behavior interventions and supports, non-punitive response protocols, restorative justice, and associated professional development for school staff have effectively improved school climate and academic achievement for all students. This report seeks to provide Vermont's policymakers, educators, advocates, parents, and students with the information necessary to assess school discipline in Vermont and to identify where we must go from here. Sadly, when it comes to school discipline rates and disparities, Vermont is not faring better than most other states. A comprehensive review of Vermont's school discipline data submitted to the 2011-2012 US Department of Education's Civil Rights Data Collection (CRDC) shows that we suspend students at a rate similar to most other states. During 2011-2012, 5-10% of Vermont's public school students were suspended, losing at least 8,000 days of school. In addition, Vermont's students with disabilities and students of color were two to three times more likely to be excluded from school through suspension and expulsion. These disparities persisted for restraint, seclusion, and referral to law enforcement. Details: Vermont Legal Aid, 2015. 41p. Source: Internet Resource: Accessed January 28, 2015 at: http://www.vtlegalaid.org/assets/Uploads/Kicked-Out-Unfair-and-Unequal-Student-Discipline-in-Vermonts-Public-Schools.pdf Year: 2015 Country: United States URL: http://www.vtlegalaid.org/assets/Uploads/Kicked-Out-Unfair-and-Unequal-Student-Discipline-in-Vermonts-Public-Schools.pdf Shelf Number: 134482 Keywords: Racial Disparities School Crime (Vermont) School Discipline School Suspensions

Author: Starr, Sonja B. Title: Explaining Race Gaps in Policing: Normative and Empirical Challenges Summary: This piece explores the many kinds of quantitative claims that researchers and commentators regularly make about race and policing. Everyone agrees that there are enormous racial gaps in U.S. rates of stops, arrests, searches, and use of force. But there are dramatically conflicting claims as to why. Policing is hard to study, but the problem isn't just the data shortcomings with which the literature has long struggled. It's confusion about what questions we should be asking. Different kinds of numerical comparisons and research designs often imply sharply differing conceptions of what racial equality in policing means. These normative premises often go unstated, such that readers may easily miss these differences. The overarching objective of this Article is to highlight the connection between the normative and the empirical. I identify plausible conceptions of racial equality in policing and assess which empirical methods can best test those conceptions. The Article gives particular attention to how researchers should address two important research questions. The first is whether criminal conduct differences explain policing disparities. Empirical researchers as well as casual commentators typically purport to address this question either by comparing racial groups' shares of police interactions to their shares of crime, or by comparing two groups' ratio of police interactions to their ratio of crimes. Using examples and mathematical proofs, I show that neither of these comparison types answers the key question whether people with like criminal conduct are being treated the same way. These comparisons generally over-correct for racial differences in criminal conduct, misleadingly masking the size (or even reversing the apparent direction) of disparities in policing of people with the same conduct. Second, I examine how researchers should investigate the effects of racial discrimination - a morally important and legally central question, but one that poses serious causal inference challenges. I review several methods in the current literature, which offer useful insights but have substantial limitations, and critique the recently dominant "hit-rate" approach, which relies on faulty normative and empirical premises. Instead, I propose supplementing existing tools with a new approach: the use of "testers." Details: Unpublished Paper, 2015. 59p. Source: Internet Resource: Accessed January 28, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2550032 Year: 2015 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2550032 Shelf Number: 134483 Keywords: Police Use of Force Racial Disparities Racial Profiling (U.S.) Stop and Search

Author: Subramanian, Ram Title: Incarceration's Front Door: The Misuse of Jails in America Summary: Local jails, which exist in nearly every town and city in America, are built to hold people deemed too dangerous to release pending trial or at high risk of flight. This, however, is no longer primarily what jails do or whom they hold, as people too poor to post bail languish there and racial disparities disproportionately impact communities of color. This report reviews existing research and data to take a deeper look at our nation's misuse of local jails and to determine how we arrived at this point. It also highlights jurisdictions that have taken steps to mitigate negative consequences, all with the aim of informing local policymakers and their constituents who are interested in in reducing recidivism, improving public safety, and promoting stronger, healthier communities. Details: New York: Vera Institute of Justice, 2015. 56p. Source: Internet Resource: Accessed February 11, 2015 at: http://www.vera.org/sites/default/files/resources/downloads/incarcerations-front-door-report.pdf Year: 2015 Country: United States URL: http://www.vera.org/sites/default/files/resources/downloads/incarcerations-front-door-report.pdf Shelf Number: 134589 Keywords: Jails (U.S.) Pretrial Detention Preventive Detention Racial Disparities

Author: Crenshaw, Kimberle Williams Title: Black Girls Matter: Pushed Out, Overpoliced, and Underprotected Summary: It is well-established in the research literature and by educational advocates that there is a link between the use of punitive disciplinary measures and subsequent patterns of criminal supervision and incarceration. Commonly understood as the "school-to-prison pipeline," this framework highlights the ways that punitive school policies lead to low achievement, system involvement, and other negative outcomes. Efforts to reverse the consequences of this pipeline have typically foregrounded boys of color, especially Black boys, who are suspended or expelled more than any other group. Against the backdrop of the surveillance, punishment, and criminalization of youth of color in the United States, Black Girls Matter: Pushed Out, Overpoliced, and Underprotected seeks to increase awareness of the gendered consequences of disciplinary and push-out policies for girls of color, and, in particular, Black girls.11 The report developed out of a critical dialogue about the various ways that women and girls of color are channeled onto pathways that lead to underachievement and criminalization. At the 2012 UCLA School of Law Symposium, "Overpoliced and Underprotected: Women, Race, and Criminalization,"12 formerly incarcerated women, researchers, lawyers, and advocates came together to address the alarming patterns of surveillance, criminal supervision, and incarceration among women and girls of color. The symposium was an effort to investigate the specific contours of race and gender in relationship to zero-tolerance policies, social marginalization, and criminalization. Details: New York: African American Policy Forum, Center for Intersectionality and Social Policy Studies: 2015. 53p. Source: Internet Resource: Accessed March 4, 2015 at: http://www.atlanticphilanthropies.org/sites/default/files/uploads/BlackGirlsMatter_Report.pdf Year: 2015 Country: United States URL: http://www.atlanticphilanthropies.org/sites/default/files/uploads/BlackGirlsMatter_Report.pdf Shelf Number: 134747 Keywords: Disproportionate Minority Contact Minority Youth (U.S.) Racial Disparities School Crime School Discipline School Suspensions Zero Tolerance Policies

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: Bias Discrimination Police Misconduct Police Use of Force (Missouri) Racial Disparities Racial Profiling

Author: Bell, Jeannine Title: Cross-Sectional Challenges: Gender, Race, and Six-Person Juries Summary: After two grand juries failed to indict the police officers that killed Michael Brown and Eric Garner in 2014, our nation has engaged in polarizing discussions about how juries reach their decision. The very legitimacy of our justice system has come into question. Increasingly, deep concerns have been raised concerning the role of race and gender in jury decision-making in such controversial cases. Tracing the roots of juror decision-making is especially complicated when jurors' race and gender are factored in as considerations. This Article relies on social science research to explore the many cross-sectional challenges involved in the jurors' decision making in the George Zimmerman case. To analyze how the Zimmerman jurors' race and gender may have affected their decision-making in the case, we present empirical studies evaluating the effect of race and gender on juror decision-making in criminal cases. Our aim in this Article is to create dialogue about an important challenge for our justice system: How can we fulfill the constitutional mandate that juries be diverse? How can we overcome the barriers to fulfilling this ideal? We conclude by demanding stronger measures to ensure that juries represent a fair cross-section of the communities that they represent. Our suggestions also include focusing on the prosecutor's special obligations to serve justice by selecting a jury that adequately represents the community from which it is drawn. These and other changes are crucial to ensuring that communities accept even the most controversial jury decisions as legitimate. Details: Bloomington, IN: Maurer School of Law, Indiana University, 2015. 47p. Source: Internet Resource: Legal Studies Research Paper Series No. 310: Accessed March 16, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2570816 Year: 2015 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2570816 Shelf Number: 134938 Keywords: Criminal Procedure Juries (U.S.) Race Racial Disparities

Author: Losen, Daniel J. Title: Are We Closing the School Discipline Gap? Summary: Nearly 3.5 million public school students were suspended out of school at least once in 2011-12.12. That is more than one student suspended for every public school teacher in America. This means that more students were suspended in grades K-12 than were enrolled as high school seniors. To put this in perspective, the number of students suspended in just one school year could fill all of the stadium seats for nearly all the Super Bowls ever played-(the first 45). Moreover, recent estimates are that one in three students will be suspended at some point between kindergarten and 12th grade (Shollenberger, 2015). If we ignore the discipline gap, we will be unable to close the achievement gap. Of the 3.5 million students who were suspended in 2011-12, 1.55 million were suspended at least twice. Given that the average suspension is conservatively put at 3.5 days, we estimate that U.S. public school children lost nearly 18 million days of instruction in just one school year because of exclusionary discipline. Loss of classroom instruction time damages student performance. For example, one recent study (Attendance Works, 2014) found that missing three days of school in the month before taking the National Assessment of Educational Progress translated into fourth graders scoring a full grade level lower in reading on this test. New research shows that higher suspension rates are closely correlated with higher dropout and delinquency rates, and that they have tremendous economic costs for the suspended students (Marchbanks, 2015), as well as for society as a whole (Losen, 2015). Therefore, the large racial/ethnic disparities in suspensions that we document in this report likely will have an adverse and disparate impact on the academic achievement and life outcomes of millions of historically disadvantaged children. This supports our assertion that we will close the racial achievement gap only when we also address the school discipline gap. Suspension rates typically are three to five times higher at the secondary level than at the elementary level, as illustrated in figure 1. Furthermore, the actual size of the racial gap, such as that between Blacks and Whites, is much greater at the secondary level. The national summary of suspension rate trends for grades K-12 indicates that these rates increased sharply from the early 1970s to the early 2000s, and then more gradually, until they leveled off in the most recent three-year period. We conclude that in this recent period, no real progress was made in reducing suspension rates for grades K-12. After many years of widening, the gap in suspension rates between Blacks and Whites and between Latinos and Whites narrowed slightly in the most recent time period-that is, the 2009-10 and 2011- 12 school years. The gap narrowed, however, only because of the increase in the White suspension rate. Specifically, 16% of Blacks and 7% of Latinos were suspended in both years, while rates for Whites rose from 4% to 5%. We next broke down the national trend analysis to the elementary and secondary levels. We only had the necessary data for the three years shown in figure 3. Despite the persistence of deeply disturbing disparities, the good news is that we estimate a slight reduction nationally in suspension rates for Blacks, Latinos, and Whites at the secondary level, along with a small narrowing of the racial discipline gap. Details: Los Angeles: Center for Civil Rights Remedies, 2015. 50p. Source: Internet Resource: Accessed March 16, 2015 at: http://civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights-remedies/school-to-prison-folder/federal-reports/are-we-closing-the-school-discipline-gap/AreWeClosingTheSchoolDisciplineGap_FINAL221.pdf Year: 2015 Country: United States URL: http://civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights-remedies/school-to-prison-folder/federal-reports/are-we-closing-the-school-discipline-gap/AreWeClosingTheSchoolDisciplineGap_FINAL221.pdf Shelf Number: 134942 Keywords: Racial Disparities School Discipline School Suspensions Student Discipline

Author: American Civil Liberties Union of Illinois Title: Stop and Frisk in Chicago Summary: In the past year, the nation's attention has turned to police practices because of high profile killings, including Michael Brown in Ferguson, Missouri, Tamir Rice in Cleveland, Ohio, and Eric Garner in New York. But concerns about policing extend beyond the use of force and into the everyday interactions of police with community members. In black and Latino communities, these everyday interactions are often a "stop and frisk." Under the U.S. Supreme Court decision in Terry v. Ohio, 392 U.S. 1 (1968), officers are allowed to stop you if the officer has reasonable suspicion that you have been, are, or are about to be engaged in criminal activity. Once you are stopped, if an officer has reasonable suspicion that you are dangerous and have a weapon, the officer can frisk you, including ordering you to put your hands on a wall or car, and running his or her hands over your body. This experience is often invasive, humiliating and disturbing. Chicago has failed to train, supervise and monitor law enforcement in minority communities for decades, resulting in a failure to ensure that officers' use of stop and frisk is lawful. This report contains troubling signs that the Chicago Police Department has a current practice of unlawfully using stop and frisk: - Although officers are required to write down the reason for stops, in nearly half of the stops we reviewed, officers either gave an unlawful reason for the stop or failed to provide enough information to justify the stop. - Stop and frisk is disproportionately concentrated in the black community. Black Chicagoans were subjected to 72% of all stops, yet constitute just 32% of the city's population. And, even in majority white police districts, minorities were stopped disproportionately to the number of minority people living in those districts. - Chicago stops a shocking number of people. Last summer, there were more than 250,000 stops that did not lead to an arrest. Comparing stops to population, Chicagoans were stopped more than four times as often as New Yorkers at the height of New York City's stop and frisk practice. In the face of a systemic abuse of this law enforcement practice, Chicago refuses to keep adequate data about its officers' stops. Officers do not identify stops that result in an arrest or ordinance violation, and they do not keep any data on when they frisk someone. This failure to record data makes it impossible for police supervisors, or the public, to identify bad practices and make policy changes to address them. The abuse of stop and frisk is a violation of individual rights, but it also poisons police and community relations. As recognized by the Department of Justice, the "experience of disproportionately being subjected to stops and arrests in violation of the Fourth Amendment shapes black residents' interactions with the [the police], to the detriment of community trust," and "makes the job of delivering police service... more dangerous and less effective." Details: Chicago: ACLU of Illinois, 2015. 23p. Source: Internet Resource: Accessed March 26, 2015 at: http://www.aclu-il.org/wp-content/uploads/2015/03/ACLU_StopandFrisk_6.pdf Year: 2015 Country: United States URL: http://www.aclu-il.org/wp-content/uploads/2015/03/ACLU_StopandFrisk_6.pdf Shelf Number: 135064 Keywords: Police Discretion Police-Community Interactions Police-Community Relations Racial Disparities Racial Profiling in Law Enforcement Stop and Frisk (Illinois) Stop and Search

Author: Dolan, Karen Title: The Poor Get Prison: The Alarming Spread of the Criminalization of Poverty Summary: Poor people, especially people of color, face a far greater risk of being fined, arrested, and even incarcerated for minor offenses than other Americans. A broken taillight, an unpaid parking ticket, a minor drug offense, sitting on a sidewalk, or sleeping in a park can all result in jail time. In this report, we seek to understand the multi-faceted, growing phenomenon of the "criminalization of poverty." In many ways, this phenomenon is not new: The introduction of public assistance programs gave rise to prejudices against beneficiaries and to systemic efforts to obstruct access to the assistance. This form of criminalizing poverty - racial profiling or the targeting of poor black and Latina single mothers trying to access public assistance - is a relatively familiar reality. Less well-known known are the new and growing trends which increase this criminalization of being poor that affect or will affect hundreds of millions of Americans. These troubling trends are eliminating their chances to get out of poverty and access resources that make a safe and decent life possible. In this report we will summarize these realities, filling out the true breadth and depth of this national crisis. The key elements we examine are: - the targeting of poor people with fines and fees for misdemeanors, and the resurgence of debtors' prisons (the imprisonment of people unable to pay debts resulting from the increase in fines and fees); - mass incarceration of poor ethnic minorities for non-violent offenses, and the barriers to employment and re-entry into society once they have served their sentences; - excessive punishment of poor children that creates a "school-to-prison pipeline"; - increase in arrests of homeless people and people feeding the homeless, and criminalizing life-sustaining activities such as sleeping in public when no shelter is available; and - confiscating what little resources and property poor people might have through "civil asset forfeiture." Details: Washington, DC: Institute for Policy Studies, 2015. 35p. Source: Internet Resource: Accessed April 2, 2015 at: http://www.ips-dc.org/wp-content/uploads/2015/03/IPS-The-Poor-Get-Prison-Final.pdf Year: 2015 Country: United States URL: http://www.ips-dc.org/wp-content/uploads/2015/03/IPS-The-Poor-Get-Prison-Final.pdf Shelf Number: 135148 Keywords: Disproportionate Minority Contact Poverty (U.S.) Racial Disparities Racial Profiling

Author: Walton, Shamik Title: Zero tolerance policing: an evaluation of the NYPD's use of stop and frisk Summary: In New York City, racial disparities persist in enforcement, primarily because of the NYPD's overreliance on stop and frisk. The racial disparities in the period examined (2008-2012) are consistent with the overall trend from 2003. This trend correlates with the implementation of Operation Impact as a NYPD crime reduction strategy. The policing priorities established at Compstat meetings set the tone for enforcement. As such, Compstat is viewed as a major driver of stop and frisk, especially in impact zones. There are also disparities in the allocation of resources between enforcement and community outreach. Community Policing has shown its effectiveness as a bridge between the community and the police. Community Policing could be incorporated into Compstat to offset the collateral damage of disproportionate policing. Details: Boston: Northeastern University, 2014. 75p. Source: Internet Resource: Dissertation: Accessed April 7, 2015 at: http://iris.lib.neu.edu/dlp_theses/11/ Year: 2014 Country: United States URL: http://iris.lib.neu.edu/dlp_theses/11/ Shelf Number: 135173 Keywords: Compstat Police Discretion Racial Disparities Racial Profiling in Law Enforcement Stop and Frisk (New York City) Zero Tolerance Policing

Author: Lawyers' Committee for Civil Rights of the San Francisco Bay Area Title: Not Just a Ferguson Problem: How Traffic Courts Drive Inequality in California Summary: A recent Department of Justice report found that courts and law enforcement in Ferguson, Missouri, are systematically and purposefully taking money from the pockets of poor people - disproportionately from black people - to put into court coffers. The context may be different in California, but many of the practices are chillingly similar. As a result, over four million Californians do not have valid driver's licenses because they cannot afford to pay traffic fines and fees. These suspensions make it harder for people to get and keep jobs, further impeding their ability to pay their debt. They harm credit ratings. They raise public safety concerns. Ultimately they keep people in long cycles of poverty that are difficult, if not impossible to overcome. This report highlights the growing trend of license suspensions, how the problem happens, the impact on families and communities, and what can and should be done about it. Details: San Francisco: The Committee, 2015. 30p. Source: Internet Resource: Accessed April 15, 2015 at: http://www.lccr.com/wp-content/uploads/Not-Just-a-Ferguson-Problem-How-Traffic-Courts-Drive-Inequality-in-California-4.9.15.pdf Year: 2015 Country: United States URL: http://www.lccr.com/wp-content/uploads/Not-Just-a-Ferguson-Problem-How-Traffic-Courts-Drive-Inequality-in-California-4.9.15.pdf Shelf Number: 135221 Keywords: Racial Bias Racial Disparities Traffic Fines

Author: American Civil Liberties Union of Illinois Title: Racial Disparity in Consent Searches and Dog Sniff Searches: An analysis of Illinois traffic stop data from 2013 Summary: Throughout Illinois, there is a dramatic racial disparity in police use of so-called "consent searches" and dog sniff searches during routine traffic stops. This is shown by a decade of government data about consent searches collected and published under the Illinois Traffic Stop Statistical Study Act of 2003 ("Study Act"), and the first two years of such data regarding dog sniff searches. For example, the recently published 2013 data shows that Illinois State Police ("ISP") troopers are 2 1/2 times more likely to consent search Hispanic motorists compared to white motorists, but white motorists are 2 1/2 times more likely than Hispanic motorists to be found with contraband during such ISP searches. Likewise, ISP troopers are more than twice as likely to dog sniff Hispanic motorists compared to white motorists, yet white motorists are 64% more likely than Hispanic motorists to be found with contraband during a trooper's search based on a dog alert. These disparities are a clear sign that the ISP's threshold to conduct consent searches and dog sniff searches is far lower for Hispanic motorists than for white motorists. Such racial disparate impact against black and Hispanic motorists likewise exists statewide, and in stops by the Chicago Police Department and other local and county police agencies. This ACLU of Illinois report begins with a brief discussion of the Study Act, upon which this report is based. It then presents findings of substantial and ongoing racial disparate impact in the use of consent searches and dog sniff searches during routine traffic stops. Details: Chicago: ACLU of Illinois, 2014. 7p. Source: Internet Resource: Accessed April 30, 2015 at: http://www.aclu-il.org/wp-content/uploads/2014/08/ACLU-IL-report-re-ITSSSA-data-in-2013.pdf Year: 2014 Country: United States URL: http://www.aclu-il.org/wp-content/uploads/2014/08/ACLU-IL-report-re-ITSSSA-data-in-2013.pdf Shelf Number: 135431 Keywords: Dog Sniff Searches (Illinois) Police Dogs Police Policies and Practices Racial Disparities Stop and Search Traffic Stops

Author: Dolan, Karen Title: The Poor Get Prison: The Alarming Spread of the Criminalization of Poverty Summary: Poor people, especially people of color, face a far greater risk of being fined, arrested, and even incarcerated for minor offenses than other Americans. A broken taillight, an unpaid parking ticket, a minor drug offense, sitting on a sidewalk, or sleeping in a park can all result in jail time. In this report, we seek to understand the multi-faceted, growing phenomenon of the "criminalization of poverty." In many ways, this phenomenon is not new. The introduction of public assistance programs gave rise to prejudices against beneficiaries and to systemic efforts to obstruct access to the assistance. As University of California-Irvine professor Kaaryn Gustafson has noted, the intersections of race, income and gender bias were at play in the 1960s and 1970s as black, single mothers were targeted as criminal, lazy, promiscuous welfare cheats.1 The 1980s saw this demographic become the emblem of all that is wrong with government assistance for the poor - the infamous Welfare Queen. Black, single mothers were fictionalized as criminally defrauding the taxpayer, taking in public assistance while driving Cadillacs, eating bon-bons, and presumably getting rich off of drug-dealing boyfriends. Thus the 1990s brought aggressive state attacks on welfare recipients as they were increasingly investigated for fraud and other suspected criminal activities. The welfare system became a system of criminalization and punishment, rather than a program to assist needy families. So-called welfare reform, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, ended federal cash aid programs and replaced them with time-limited, restrictive, state block-grants. New punishable behaviors were mandated and policed, all but erasing the already tenuous line between the welfare and criminal justice systems. Today, when applying for welfare in the United States, many applicants are photographed, finger-printed, drug-tested, interrogated, and asked to prove paternity of children. Similarly, eligibility for public housing is restricted or denied if the applicant has a criminal record, including misdemeanors or a prior lease violation. Further, local Public Housing Authorities can be even more restrictive and evict occupants if a member of their family or another person residing in - or in some cases visiting - commits a crime, such as a misdemeanor drug offense. Poverty, in other words, is too often treated as a criminal offense. Details: Washington, DC: Institute for Policy Studies, 2015. 35p. Source: Internet Resource: Accessed May 4, 2015 at: http://www.ips-dc.org/wp-content/uploads/2015/03/IPS-The-Poor-Get-Prison-Final.pdf Year: 2015 Country: United States URL: http://www.ips-dc.org/wp-content/uploads/2015/03/IPS-The-Poor-Get-Prison-Final.pdf Shelf Number: 135492 Keywords: Poverty (U.S.) Racial Disparities Racial Profiling Socioeconomic Status Welfare

Author: Lawyers' Committee for Civil Rights Under Law Title: Unequal Justice: Mobilizing the Private Bar to Fight Mass Incarceration Summary: This report marks the beginning of Lawyers' Committee for Civil Rights Under Law's Criminal Justice Initiative, created to mobilize the private bar in the fight against mass incarceration. Mass incarceration - a term that refers to the cluster of issues associated with the historic scale of present-day American incarceration - presents the greatest contemporary threat to civil and human rights in the United States today. Two key facts about this phenomenon gird its importance to the Lawyers' Committee's mission: (1) mass incarceration is a racially, spatially, and socioeconomically targeted phenomenon that disproportionately affects lower-class African-American and Hispanic residents of degraded urban spaces, and (2) mass incarceration results in large part from aggregate policy choices, rather than from poor personal decisions or increases in overall levels of crime, meaning solutions too will be legal and policy in nature. There is no single solution to the problem of mass incarceration. This is because there is no single cause. Many issues are subsumed under the heading of "mass incarceration," some with deep historical roots. It is the combination of various factors working in tandem that produces the result. There is consensus that the criminal justice system is broken. Or in the words of one participant at a listening session, the criminal justice system does exactly what it is designed to do: to punitively punish large swaths of society's most disadvantaged individuals. Experts, academics, practitioners, and formerly incarcerated individuals alike agreed that the criminal justice system is unnecessarily punitive, fails wholesale to rehabilitate through its method of incarceration, destroys any opportunity for success after release from incarceration due to the thousands of collateral consequences, decreases public safety, and undermines public trust in the ability of the system to deliver justice. A key fact will guide the Lawyers' Committee's work in this area: nationally, 95% of criminal cases end in guilty pleas; of cases in the federal court system, that figure is 97%. In considering how best to harness the resources of the private bar, the importance of the criminal justice system's negotiated nature cannot be overstated. Glaring racial disparities are often absent from reform discourse. There is no question that the criminal justice system treats individuals differently based on the color of their skin. This is especially true when combined with other disadvantage factors like income, education, geography, and access to healthcare. However, this fact is often absent in public discourse and almost never formally addressed in reform efforts. This is particularly troubling since racial disparities in incarceration are often the result of implicit racial bias and structural or institutionalized racial discrimination, deep-rooted species of dysfunction which can only begin to be addressed by the acknowledgement and recognition that it exists. Details: Washington, DC: The Committee, 2015. 87p. Source: Internet Resource: Accessed May 9, 2015 at: http://www.lawyerscommittee.org/admin/site/documents/files/0553.pdf Year: 2015 Country: United States URL: http://www.lawyerscommittee.org/admin/site/documents/files/0553.pdf Shelf Number: 135537 Keywords: Criminal Justice Reform Imprisonment Mass Incarceration Racial Bias Racial Disparities

Author: Rogowski, Jon C. Title: The Policing of Black Communities and Young People of Color Summary: Eighteen-year-old Michael Brown's murder by a police officer in Ferguson, Missouri has focused the nation's attention on racial disparities in the law enforcement system. Brown's case is not an isolated incident. Along with Brown, the cases of Trayvon Martin and Jordan Davis in Florida and, more recently, Eric Garner in New York and Ezell Ford in Los Angeles, all tell stories of how unarmed Black men became victims of police forces charged with serving and protecting their communities and are then denied justice by the legal system. Since Michael Brown's death, the media have focused on racial tensions among residents of Ferguson. It is important, however, to note that the tension between police forces and Black communities is nothing new, nor is it confined to Ferguson, Missouri. Instead, the Michael Brown tragedy and those like it are indicators of systemic injustices that have resulted in long-standing tensions between law enforcement and the Black community. In this report, we use data from several national public opinion surveys to show that Black communities - especially Black youth under 30 years of age - across the country hold considerably more negative views toward the legal system and the police compared with other groups and they have done so for many years. This is not a new phenomenon. Our main findings are as follows: - Black youth report the highest rate of harassment by the police (54.4%), nearly twice the rates of other young people. - Less than half of Black youth (44.2 percent) trust the police, compared with 71.5 percent of white youth, 59.6 percent of Latino youth, and 76.1 percent of Asian American youth. - Substantially fewer Black youth believe the police in their neighborhood are there to protect them (66.1 percent) compared to young people from other racial and ethnic groups. - Fewer Black youth believe the legal system treats all youth equally (26.8 percent) than young people in other racial and ethnic groups. - Fewer Black youth feel that they are full and equal citizens under the law (60.2 percent) compared with white (70.9 percent) and Latino (64.1 percent) youth. Details: Chicago: Black Youth Project, University of Chicago, Center for the Study of Race, Politics and Culture, 2014. 7p. Source: Internet Resource: Accessed May 20, 2015 at: http://www.blackyouthproject.com/files/2014/08/ferguson.pdf Year: 2014 Country: United States URL: http://www.blackyouthproject.com/files/2014/08/ferguson.pdf Shelf Number: 135729 Keywords: Ethnic Minorities Minority Youth Police-Community Relations Racial Disparities

Author: Chettiar, Inimai M. Title: Solutions: American Leaders Speak Out on Criminal Justice Summary: In this time of increased political polarization, there is one area where we have a genuine chance at bipartisan cooperation: the over-imprisonment of people who did not commit serious crimes. The drop in violence and crime in America has been an extraordinary national achievement. But plainly, our nation has too many people in prison and for too long - we have overshot the mark. With just 5 percent of the world's population, we now have 25 percent of its prison population, and an emerging bipartisan consensus now understands the need to do better. It has been two decades since there was sustained national attention to criminal justice. By 1994, violent crime had tripled in 30 years. Our communities were under assault. We acted to address a genuine national crisis. But much has changed since then. It's time to take a clear-eyed look at what worked, what didn't, and what produced unintended, long-lasting consequences. So many of these laws worked well, especially those that put more police on the streets. But too many laws were overly broad instead of appropriately tailored. A very small number of people commit a large percentage of serious crimes - and society gains when that relatively small group is behind bars. But some are in prison who shouldn't be, others are in for too long, and without a plan to educate, train, and reintegrate them into our communities, we all suffer. The new approach has many roots and just as many advantages: a desire to save taxpayers money; the resolve to promote rehabilitation not recidivism; an obligation to honor religious values; the necessity to alleviate crushing racial imbalances. All of them strengthen this powerful new movement. Details: New York: Brennan Center for Justice at New York University School of Law, 2015. 164p. Source: Internet Resource: Accessed May 21, 2015 at: https://www.brennancenter.org/sites/default/files/analysis/Solutions_American_Leaders_Speak_Out_On_Criminal_Justice.pdf Year: 2015 Country: United States URL: https://www.brennancenter.org/sites/default/files/analysis/Solutions_American_Leaders_Speak_Out_On_Criminal_Justice.pdf Shelf Number: 135751 Keywords: Criminal Justice Reform Criminal Justice Systems Racial Disparities

Author: Earl, Catherine Title: Justice or an Unjust System? Aboriginal over-representation in South Australia's juvenile justice system Summary: Twenty-times more likely to be imprisoned than the non-Aboriginal population and making up 46% of the young people in SA's detention centres, this report highlights the problem of over-representation of Aboriginal young people in this state's juvenile justice system. The report recommends a new approach to engage Aboriginal people at all levels in the justice system, with a formally negotiated Indigenous Justice Agreement as a first step. There is little doubt that Aboriginal people are overrepresented in the SA juvenile justice system. The evidence suggests that similar trends are reflected across the nation and are also present in the adult population. However, this report focuses only on the juvenile system in South Australia. At its broadest, the juvenile justice system comprises all interactions with law enforcement. While this could include out-of-home care, the focus of this report is on the custodial and non-custodial system applying once a breach of the law is identified. In this part of the system, both the overall number of Aboriginal young people within it and the rate (per 100,000 population) have both decreased in recent years. However, the level of overrepresentation (that is discrepancy between rates for Aboriginal and non-Aboriginal people) has actually increased (because the rate of involvement of the general young population has decreased at a greater rate). The figures are stark: - Aboriginal young people comprise only 4% of the total population aged 10-17 years old, but make up 46% of young people in detention and 34% of young people under community-based supervision; - Aboriginal young people are 12.5 times more likely to be involved with the juvenile justice system than non- Aboriginal young people, and 19.7 times more likely to be in detention; - This level of over-representation is higher for young people than for the adult population: Aboriginal young people 19 times more likely to be imprisoned, by comparison with 16 times more likely for adults; - Over the five year period from 2009-2013 South Australia's rate of contact of Aboriginal young people with the juvenile justice system was the second highest in the country and well above the national average; - In 2013-14, the cost of incarcerating a young person in South Australia was $1,000 per young person per day, while the cost of community supervision was $73 per young person, per day; - The current cost of detention and non-custodial supervision of Aboriginal young people in South Australia is $13.3m per year; - If there was no over-representation, that is, if the rate of detention and community supervision of Aboriginal young people was the same as for the general young population, there would be fewer Aboriginal young people in the SA juvenile justice system, and a saving to the state budget of over $12m per annum. Several key inquiries and commissions have investigated issues of over-representation, providing a vastly underutilised resource for addressing the overrepresentation of Aboriginal people in the justice system. The interviews and voices in this report add depth to this literature and suggest a need to revisit those reports and to re-address many of the recommendations which have not been carried through systematically or effectively. Details: Unley, SA, AUS: South Australian Council of Social Service, 2015. 32p. Source: Internet Resource: Accessed May 26, 2015 at: http://www.sacoss.org.au/sites/default/files/public/documents/Reports/150401_Youth_Justice_Report_FINAL.pdf Year: 2015 Country: Australia URL: http://www.sacoss.org.au/sites/default/files/public/documents/Reports/150401_Youth_Justice_Report_FINAL.pdf Shelf Number: 135786 Keywords: Aboriginals Indigenous Peoples Juvenile Detention Juvenile Justice Systems Juvenile Offenders Racial Disparities

Author: Wright, Kathy Title: The Incarceration of Children & Youth in New Jersey's Adult Prison System Summary: Each year, over 200,000 children and youth are tried as adults across the country. In the state of New Jersey, youth as young as 14 can be tried, sentenced and incarcerated in the adult prison system, and those age 16 or older are subject to mandatory (automatic) waivers if they commit certain crimes. It is the position of the New Jersey Parents' Caucus, Inc. (NJPC) and its membership that the state's current policies which promote the trying, sentencing and incarceration of children and youth between the ages of 14 and 17 in adult system are unjust and require further review. No youth should face an increased likelihood of adult waiver for a similar crime in a similar circumstance because of race, ethnicity, geography or socio-economic status. As well, for those children who are waived to the adult system, safety, rehabilitative services, treatment, and appropriate educational services and support, must be provided, particularly for those children with a history of mental health needs and/or special education involvement. As part of the New Jersey Youth Justice Initiative, we at the New Jersey Parents' Caucus have been able to gather comprehensive state data from the New Jersey Department of Corrections (NJ DOC) on 472 children tried, sentenced, and incarcerated in the adult prison system. The data largely covers the period 2007 - 2015, though some information gathered dates back to 2003. In addition to the data retrieved from the NJ Department of Corrections, we've received qualitative data from a subset of the same population (120 youth) by means of a survey assessment provided to incarcerated youth and their parents, caregivers and family members. All data includes youth residing in the following adult prisons: Garden State Youth Correctional Facility, Albert Wagner Youth Correctional Facility, Northern State Prison, New Jersey State Prison, Mountainview Youth Correctional Facility, Adult Diagnostic and Treatment Center, South Woods State Prison, Edna Mahan Correctional Facility, Mid-State Correctional Facility, Southern State Correctional Facility, East Jersey State Prison, Central Reception and Assignment Facility, and Bayside State Prison. Our Key Findings - Gross Racial & Ethnic Disparities: Youth of color are disproportionately represented among those waived to the adult prison system in New Jersey and make up approximately 90% of youth included in our data set who are incarcerated in the adult system. Of those children and youth, approximately 72% of are African American and 18% are Latino. - Justice by Geography: Rates of incarceration in the adult prison system vary significantly across counties in New Jersey, suggesting that justice depends on where one lives, not on the facts of a given case. For example, in Camden County, 14 to 17 year olds make up 5.8% of the population of children between the ages of 0-17, but make up 15.3% of our data set between 2007 and 2015. In comparison, in Hunterdon County, where youth 14 to 17 make up 6.3% of the population of children between the ages of 0-17, 0% were incarcerated in the adult system between 2007 and 2015. - Youth are Regularly Deprived of Due Process: Approximately 30% of the 472 youth waived to adult court during the study period spent more than 2 years incarcerated, between their arrest date and their sentencing date. - Youth are Subject to Long Term Solitary Confinement In the Adult Prison System: Solitary confinement is known to be psychologically damaging, especially to children. Yet, based on our survey data, over half the youth in adult prisons are put into solitary confinement; 5 percent spend over a year there, and about 4 percent spent 2 years or more in solitary. Nearly 70 percent of those placed in solitary had a mental health disorder. - Youth Suffer Abuse While in Adult Prison. Once incarcerated in an adult prison, one in four youth surveyed reported physical abuse; 5% reported sexual abuse. - Youth Needs are Not being Met in the Community: About 71% of youth waived to the adult system were known to at least two child-serving agencies, prior to their involvement in adult court, with the majority having been involved in the mental health system. Of those youth, more than two out of three children and youth have two or more mental health diagnoses. Details: Elizabeth, NJ: New Jersey Parents' Caucus, 2015. 31p. Source: Internet Resource: Accessed July 15, 2015 at: http://cfc.ncmhjj.com/wp-content/uploads/2015/05/NJPC_YJI-Data-BriefFinalll.pdf Year: 2015 Country: United States URL: http://cfc.ncmhjj.com/wp-content/uploads/2015/05/NJPC_YJI-Data-BriefFinalll.pdf Shelf Number: 136088 Keywords: Disproportionate Minority Contact Juvenile Detention Juvenile Offenders Racial Disparities Youth in Adult Prisons

Author: Teplin, Linda A. Title: Violent Death in Delinquent Youth After Detention Summary: This bulletin examines the results of the Northwestern Juvenile Project - a longitudinal study of youth detained at the Cook County Juvenile Temporary Detention Center in Chicago, IL. Among the issues under examination, the authors looked at mortality rates among the youth enrolled in the project. Some findings include the following: - The standardized mortality rate for delinquent youth is more than four times the rate for youth in the general population. - The mortality rate for delinquent female youth is nearly eight times the rate in the general population. - The vast majority of deaths among delinquent youth were homicides from gunshot wounds. - African American youth continue to experience the highest mortality rate. Details: Washington, DC: U.S. Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, 2015. 14p. Source: Internet Resource: OJJDP Juvenile Justice Bulletin: Accessed July 20, 2015 at: http://www.ojjdp.gov/pubs/248408.pdf Year: 2015 Country: United States URL: http://www.ojjdp.gov/pubs/248408.pdf Shelf Number: 136113 Keywords: Gun-Related Violence Homicides Juvenile Offenders Racial Disparities Violent Crime Youth Violence

Author: Johnson, Kevin R. Title: Race-Based Law Enforcement: The Racially Disparate Impacts of Crimmigration Law Summary: This Essay was prepared for the Case Western Law Review's symposium on the 20th anniversary of the Supreme Court's decision in Whren v. United States, 517 U.S. 806 (1996). Racially-charged encounters with the police regularly make the national news. Local law enforcement officers also have at various times victimized immigrants of color. For example, New York City Department (NYPD) officers in 1999 killed Amadou Diallo, an unarmed immigrant from Guinea, in a hail of gunfire; two years earlier, officers had tortured Haitian immigrant Abner Louima at a NYPD police station. Both victims were Black, which no doubt contributed to the violence. In less spectacular fashion, police on the beat by many accounts regularly engage in racial profiling in traffic stops of U.S. citizens and noncitizens of color. Removals of "criminal aliens" have been the cornerstone of the Obama administration's immigration enforcement strategy. Well-publicized increases in the number of removals of immigrants also have been the centerpiece of President Obama's political efforts to persuade Congress to pass a comprehensive immigration reform package. The hope behind the aggressive enforcement strategy has been to convince Congress that this is the time to enact comprehensive immigration reform. In the last few years, a body of what has been denominated "crimmigration" scholarship has emerged that critically examines the growing confluence of the criminal justice system and the immigration removal machinery in the United States. That body of work tends to direct attention to the unfairness to immigrants, as well as their families, of the increasing criminalization of immigration law and its enforcement. This Essay agrees with the general thrust of the crimmigration criticism, but contends that it does not go far enough. Namely, the emerging scholarship in this genre fails to critically assess the dominant role that race plays in modern law enforcement and how its racial impacts are exacerbated by the operation of a federal immigration removal process that consciously targets "criminal aliens." Part I of this Essay considers parallel developments in the law: (1) the Supreme Court's implicit sanctioning of race-conscious law enforcement in the United States, with the centerpiece of this symposium, Whren v. United States, the most well-known example; and (2) the trend over at least the last twenty years toward increased cooperation between state and local law enforcement agencies and federal immigration authorities. Part II specifically demonstrates how criminal prosecutions influenced by police reliance on race necessarily lead to the racially disparate removal rates experienced in the modern United States. Part III discusses how some state and local governments have pushed back on cooperation with federal immigration authorities, with effective community police practices being an important policy rationale invoked by local law enforcement for that resistance. Part III of this Essay further contends that more attention should be paid to the racially disparate impacts of linking immigration removals to the outcomes of a racially-tainted criminal justice system. It further sketches some modest reforms to the U.S. immigration laws that might tend to blunt, rather than magnify, some of these racial impacts. Details: Davis, CA: University of California, Davis, School of Law, 2015. 36p. Source: Internet Resource: UC Davis Legal Studies Research Paper No. 437: Accessed August 25, 2015 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2640755 Year: 2015 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2640755 Shelf Number: 136571 Keywords: Crimmigration Illegal Immigrants Immigration Enforcement Immigration Reform Racial Disparities Racial Profiling in Law Enforcement

Author: Wortley, Scot Title: Police Use of Force in Ontario: An Examination of Data from the Special Investigations Unit Summary: Police use of force against racial minorities has emerged as one of the most controversial issues facing the law enforcement community in North America. In the United States, high profile incidents involving police use of force - including the Rodney King, Abner Louima and Amadou Diallo cases - often serve to increase tensions between racial minority communities and the police and solidify the public perception that the police are racially biased (Walker 2005; Walker et al. 2004; Joseph et al. 2003). The negative impact of police violence on community cohesion can be profound. For example, over the past twenty years, specific incidents of police violence against racial minorities have sparked major urban riots in several cities including Miami, Cinncinati and Los Angeles. Police use of force against racial minorities has also emerged as an important issue in Canada. As in the United States, well publicized police shootings in Ontario and Quebec - including the cases of Dudley George, Jeffrey Roedica, Lester Donaldson, Allen Gosset, Sophia Cook, Buddy Evans, Wade Lawson and Marlon Neal - have led to community allegations of police discrimination. Unfortunately, unlike the United States, very little empirical research has actually addressed the question of whether the police are more likely to use physical force against racial minorities than Whites (see discussion in Forcese 1999: 181-184). The following report attempts to address the gap in Canadian research by: 1) Providing a detailed literature review on police use of force against minorities in Canada and the United States; 2) Describing the results of a focus group with leaders from Toronto's Black community on the issue of police use of force; and 3) providing the results of a new study on police use of force in Ontario using data from the province's Special Investigations Unit. The report concludes with a discussion of different explanatory models that might help explain the overrepresentation of African Canadians and Aboriginals in police use of force statistics. Recommendations for reducing the illegitimate use of force by the police are provided. Particular emphasis is placed on reducing police use of force against racial minority communities. Details: Toronto: Centre of Criminology, University of Toronto, 2012. 126p. Source: Internet Resource: Accessed August 31, 2015 at: https://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash/policy_part/projects/pdf/AfricanCanadianClinicIpperwashProject_SIUStudybyScotWortley.pdf Year: 2012 Country: Canada URL: https://www.attorneygeneral.jus.gov.on.ca/inquiries/ipperwash/policy_part/projects/pdf/AfricanCanadianClinicIpperwashProject_SIUStudybyScotWortley.pdf Shelf Number: 136631 Keywords: Deadly Force Minority Groups Police Use of Force Racial Disparities Racial Minorities

Author: Hannon, Lance Title: The Relationship Between Skin Tone and School Suspension for African Americans Summary: This study contributes to the research literature on colorism--discrimination based on skin tone--by examining whether skin darkness affects the likelihood that African Americans will experience school suspension. Using data from The National Longitudinal Survey of Youth, logistic regression analyses indicated that darker skin tone significantly increased the odds of suspension for African American adolescents. Closer inspection of the data revealed that this overall result was disproportionately driven by the experiences of African American females. The odds of suspension were about 3 times greater for young African American women with the darkest skin tone compared to those with the lightest skin. This finding was robust to the inclusion of controls for parental SES, delinquent behavior, academic performance, and several other variables. Furthermore, this finding was replicated using similar measures in a different sample of African Americans from the National Longitudinal Study of Adolescent Health. The results suggest that discrimination in school discipline goes beyond broad categories of race to include additional distinctions in skin tone. Details: Philadelphia: Villanova University, 2013. 48p. Source: Internet Resource: Accessed September 5, 2015 at: http://www88.homepage.villanova.edu/lance.hannon/ColorismSuspension.pdf Year: 2013 Country: United States URL: http://www88.homepage.villanova.edu/lance.hannon/ColorismSuspension.pdf Shelf Number: 136697 Keywords: Racial Discrimination Racial Disparities School Discipline School Suspensions School-to-Prison Pipeline

Author: Smith, Edward J. Title: Disproportionate impact of K-12 school suspension and expulsion on Black students in southern states. Summary: Nationally, 1.2 million Black students were suspended from K-12 public schools in a single academic year - 55% of those suspensions occurred in 13 Southern states. Districts in the South also were responsible for 50% of Black student expulsions from public schools in the United States. This report aims to make transparent the rates at which school discipline practices and policies impact Black students in every K-12 public school district in 13 Southern states: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia, and West Virginia. Despite comprising only 20.9% of students in the 3,022 districts analyzed, Blacks were suspended and expelled at disproportionately high rates. The authors use data from the U.S. Department of Education's Office for Civil Rights to present school discipline trends related to Black students district-by-district within each state. Districts in which school discipline policies and practices most disproportionately impact Black students are also highlighted. The report concludes with resources and recommendations for parents and families, educators and school leaders, policymakers, journalists, community stakeholders (NAACP chapters, religious congregations, activists, etc.), and others concerned about the school-to-prison pipeline and the educational mistreatment of Black youth in K-12 schools. The authors also offer implications for faculty in schools of education, as well as other sites in which teachers are prepared (e.g., Teach for America) and administrators are certified. Details: Philadelphia: University of Pennsylvania, Center for the Study of Race and Equity in Education, 2015. 92p. Source: Internet Resource: Accessed September 11, 2015 at: http://www.gse.upenn.edu/equity/sites/gse.upenn.edu.equity/files/publications/Smith_Harper_Report.pdf Year: 2015 Country: United States URL: http://www.gse.upenn.edu/equity/sites/gse.upenn.edu.equity/files/publications/Smith_Harper_Report.pdf Shelf Number: 136719 Keywords: Racial Disparities School Discipline School Suspensions

Author: U.S. Department of Justice. Civil Rights Division Title: Investigation of the St. Louis County Family Court, St. Louis, Missouri Summary: Following a comprehensive investigation, the Justice Department today announced its findings regarding the Family Court of the Twenty-First Judicial Circuit of the state of Missouri, commonly known as the St. Louis County Family Court. The Justice Department found that the family court fails to provide constitutionally required due process to children appearing for delinquency proceedings, and that the court's administration of juvenile justice discriminates against Black children. The investigation was conducted under the Violent Crime Control and Law Enforcement Act of 1994, which gives the department the authority to seek a remedy for a pattern or practice of conduct that violates the constitutional or federal statutory rights of youths in the administration of juvenile justice. "The findings we issue today are serious and compelling," said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. "Missouri was at the forefront of juvenile corrections reform when it closed its large juvenile institutions and moved to a smaller, treatment-focused system and we are hopeful that Missouri will rise to this challenge to, once again, be a leader in juvenile justice reform. This investigation is another step toward our goal of ensuring that children in the juvenile justice system receive their constitutionally guaranteed rights to due process and equal protection under the law." Since opening this investigation in November 2013, the Civil Rights Division has analyzed data relating to nearly 33,000 juvenile cases, including all delinquency and status offenses resolved in St. Louis County Family Court between 2010 and 2013; and has reviewed over 14,000 pages of documents, including family court records, transcripts, policies, procedures and external reports. In June 2014, Justice Department attorneys and its consultants-a law school clinical professor and experienced juvenile defense attorney and a nationally-recognized expert on measuring juvenile justice disparities through statistical analysis-visited the family court and interviewed a number of court personnel, including all of the judges and commissioners as well as the heads of many of family court programs and services. They also collected information from both the state and local public defender's offices, private attorneys with experience in the family court and the parents of youth who had been involved in delinquency proceedings with the family court. The Justice Department found a number of constitutional violations, including: -Failure to ensure youth facing delinquency proceedings have adequate legal representation; -Failure to make adequate determinations that there is probable cause that a child committed the alleged offense; -Failure to provide adequate due process to children facing certification for criminal prosecution in adult criminal court; -Failure to ensure that children's guilty pleas are entered knowingly and voluntarily; -An organizational structure that is rife with conflicts of interest, is contrary to separation of powers principles and deprives children of adequate due process; and -Disparate treatment of Black children at four key decision points within the juvenile justice system. The department has opened four cases examining whether juvenile justice systems comply with children's rights since 2009. In 2012, the department settled its first investigation of this kind, reaching an agreement with the Juvenile Court of Shelby County, Memphis, Tennessee that calls for comprehensive due process, equal protection and facility reforms. On June 19, 2015, the Justice Department announced a partial settlement of its lawsuit alleging violations of children's due process rights in Lauderdale County, Mississippi. In March 2015, the department announced its investigation of due process and disability discrimination issues in the Dallas County Truancy Court and Juvenile District Courts. Details: Washington, DC: U.S. Department of Justice, Civil Rights Division, 2015. 60p. Source: Internet Resource: Accessed September 16, 2015 at: http://www.justice.gov/sites/default/files/crt/legacy/2015/07/31/stlouis_findings_7-31-15.pdf Year: 2015 Country: United States URL: http://www.justice.gov/sites/default/files/crt/legacy/2015/07/31/stlouis_findings_7-31-15.pdf Shelf Number: 136300 Keywords: Child Protection Due Process Family Courts Juvenile Justice Systems Juvenile Offenders Problem-Solving Courts Racial Bias Racial Disparities

Author: Mills, John R. Title: No Hope: Re-examining Lifetime Sentences for Juvenile Offenders Summary: In a handful of U.S. counties, teenagers are still being sentenced to a lifetime in prison with no chance of release. This harsh and increasingly isolated practice falls disproportionately on black and Hispanic youth and is a remnant of an earlier period of punitiveness based on an unfounded prediction of a new class of superpredators that never actually materialized. While the use of this sentence has dramatically declined in recent years, it continues to be practiced in a relatively small number of jurisdictions. The Supreme Court now has the opportunity to declare juvenile life without parole a cruel and unusual punishment, far outside our standards of decency in the twenty-first century. In Miller v. Alabama, the Court took the first step by forbidding mandatory sentences of life without parole for homicide offenses committed by juveniles (JLWOP). The opinion, however, left open the question of whether the Eighth Amendment prohibits the imposition of life without parole upon juveniles entirely. That question, the constitutionality of life without parole sentences for juvenile offenders, is being presented to the Court in two cases. In one case to be argued in October, the Court will consider whether its earlier rulings on this subject apply to past cases and not just cases going forward. A brief offered by the Charles Hamilton Institute for Race and Justice urges the Court to tackle the constitutional question of whether the punishment should stand at all. In another case, an inmate serving a JLWOP sentence has directly presented the question: "Does the Eighth Amendment prohibit sentencing a child to life without possibility of parole?" This report examines the key evidence for answering the question of whether there is now a national consensus against juvenile life without parole. To make this assessment, the Court generally examines legislative enactments and actual sentencing practices. This report catalogs the rapid abandonment of JLWOP, both legislatively and in terms of actual use. Although JLWOP dramatically expanded between 1992 and 1999 - an era of hysteria over juvenile super-predators�since Miller states have rapidly abandoned JLWOP in law and practice. Nine states have abolished JLWOP after Miller, bringing the current number of jurisdictions completely banning the sentence to fifteen. California and Florida, two of the most frequent users of the sentence, have dramatically limited the reach of JLWOP by restricting its application to a narrow set of circumstances. Moreover, North Carolina, Pennsylvania, and Washington have abolished JLWOP for a category of offenders. This pace of abolition far outstrips those that occurred in the years prior to the high Court's rulings that the executions of juveniles and the intellectually disabled are unconstitutional. This report provides an in-depth analysis of state and county JLWOP sentencing practices. At the state level, just nine states account for over eighty percent of all JLWOP sentences. A single county, Philadelphia County, Pennsylvania, is responsible for nearly ten percent of all JLWOP sentences nationwide. Orleans Parish, Louisiana, has tenfold the number of JLWOP sentences as its population would suggest. Five counties account for more than one fifth of all JLWOP sentences. JLWOP, in practice, is isolated in a handful of outlier jurisdictions. Finally, state sentencing practices also show marked racial disparities in JLWOP's administration. Starting in 1992, the beginning of the super-predator era, a black juvenile offender would be twice as likely to receive a JLWOP sentence as his white counterpart. The disproportionate application of the punishment on juveniles of color is stark. All of Texas's JLWOP sentences were imposed on persons of color. Pennsylvania has imposed it eighty percent of the time on persons of color. There is now a growing consensus against JLWOP, calling into question its constitutionality. The policy's suspect origins and disparate implementation require rigorous examination to determine whether it serves any legitimate penological purpose. Details: Durham, NC: Phillips Black Project, 2015. 16p. Source: Internet Resource: Accessed October 8, 2015 at: http://static1.squarespace.com/static/55bd511ce4b0830374d25948/t/5600cc20e4b0f36b5caabe8a/1442892832535/JLWOP+2.pdf Year: 2015 Country: United States URL: http://static1.squarespace.com/static/55bd511ce4b0830374d25948/t/5600cc20e4b0f36b5caabe8a/1442892832535/JLWOP+2.pdf Shelf Number: 136976 Keywords: Juvenile Offenders Juvenile Sentencing Life Imprisonment Life Sentence Life Without Parole Minority Groups Racial Disparities

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: Discrimination Minority Groups Prosecution Prosecutorial Discretion Prosecutors Racial Disparities

Author: Simon, Adam F. Title: Framing and Facts: Necessary Synergies in Communicating about Public Safety and Criminal Justice Summary: It can be argued that nothing is as emblematic of the travails of race in American life as the criminal justice system. Criminal justice advocates have long used facts about the system's racial biases to call for the need for sweeping reforms - advocating for changes to make the system more equitable, efficient and effective in improving public safety for all Americans. The following statistics, for example, have become commonplace in the advocacy discourse and in media coverage more generally: - The United States is the world's No. 1 jailer; - Black men have a 32 percent chance of spending time in prison at some point in their lives, Latino men have a 17 percent chance, and white men have a 6 percent chance of being imprisoned over their lifetime; - Blacks are 17 percent of the juvenile population but 46 percent of juvenile arrests and 41 percent of waivers to adult court. On top of these facts, evidence of the extent and costs of mass incarceration is staggering. In times of fiscal constraints, current levels of prison expenditures are clearly unsustainable. Recent public opinion research suggests that, to some extent, Americans have come to recognize problems with the criminal justice system, particularly in terms of its racial bias. For example, a recent Pew study reports that 70 percent of African Americans and almost 40 percent of whites believe that black Americans receive unequal treatment by the police. The same study also indicates that almost 70 percent of African Americans and 30 percent of whites believe that the courts do not treat black and white Americans equally. In the court of public opinion, the ground seems fertile for the reform of the criminal justice system. So, if the American public believes the system discriminates against men of color, the data underscore the significance of these racial disparities, and the price of incarceration is so clearly unsustainable, why is advocating for reform so difficult? One answer is that the advocacy community is not framing the issue in a way that allows Americans to connect understandings of the system's problems with a set of viable solutions.5 Without such a connection, we argue, momentum for reform is lost when people cannot connect their values for the society to specific system reforms and policy changes. Energy dissipates; opposition manipulates opinion and gains ground while citizens are unable to make the case for the reforms they struggle to articulate. Details: Washington, DC: Frameworks Institute, 2013. 40p. Source: Internet Resource: Accessed January 8, 2016 at: http://www.frameworksinstitute.org/assets/files/pscj_values_and_facts.pdf Year: 2013 Country: United States URL: http://www.frameworksinstitute.org/assets/files/pscj_values_and_facts.pdf Shelf Number: 137441 Keywords: Criminal Justice Reform Public Attitudes Public Opinion Public Safety Race and Crime Racial Discrimination Racial Disparities

Author: Subramanian, Ram Title: In Our Own Backyard: Confronting Growth and Disparities in American Jails Summary: The fact that the United States-with less than 5 percent of the world's population but nearly 25 percent of the world's prisoners-has a serious problem with mass incarceration is by now well beyond partisan debate. In recent years, lawmakers, policymakers, and criminal justice practitioners from across the political spectrum have joined forces to pursue efforts, large and small, to reduce the number of people we send to and hold in state and federal prisons. Jails-with 11 million admissions annually and a third of all Americans behind bars on a given day-are increasingly recognized as a key engine of mass incarceration. Yet research and data about jail use are scarce. (See "What is Jail?" below.) Moreover, much information about incarceration either conflates prison and jail incarceration, excludes jail incarceration entirely, or inadequately examines how local justice systems have contributed to the overuse of incarceration in the United States over time. Few counties publicly report their own jail population and admissions data.4 And while federal data on jails do exist and are publicly available, the ways in which the data are collected and stored make it difficult to answer even simple questions about jail use in a given county or discern similarities or differences across the approximately 3,000 counties in the United States. Details: New York: Vera Institute of Justice, 2015. 20p. Source: Internet Resource: Accessed January 13, 2016 at: http://www.vera.org/sites/default/files/resources/downloads/incarceration-trends-in-our-own-backyard.pdf Year: 2015 Country: United States URL: http://www.vera.org/sites/default/files/resources/downloads/incarceration-trends-in-our-own-backyard.pdf Shelf Number: 137475 Keywords: Jail Inmates Jails Mass Incarceration Racial Disparities

Author: American Bar Association Title: National Task Force on Stand Your Ground Laws: Report and Recommendations Summary: In examining and reporting on the potential effects Stand Your Ground laws may have on public safety, individual liberties, and the criminal justice system, the Task Force has: 1. Examined the provisions of Stand Your Ground statutes and analyzed the potential for their misapplication and the risk of injustice from multiple perspectives, e.g., the individual's right to exercise self-defense, the victim's rights, and the rights of the criminally accused. 2. Analyzed the degree to which racial or ethnic bias impacts Stand Your Ground laws. Particular attention was paid to the role of implicit bias. First, the analysis focuses on how implicit bias may impact the perception of a deadly threat as well as the ultimate use of deadly force. Second, it looks at how implicit bias impacts the investigation, prosecution, immunity, and final determination of which homicides are justified. 3. Examined the effect that the surge of new Stand Your Ground laws has on crime control objectives and public safety. 4. Reviewed law enforcement policy, administrative guidelines, statutes, and judicial rulings regarding the investigation and prosecution of Stand Your Ground cases. 5. Conducted a series of regional public hearings to learn about community awareness, perceptions of equality in enforcement and application, opinions concerning the utility of the laws, and reactions to individualized experiences involving interactions with Stand Your Ground laws. 6. Prepared a final report and recommendations. Details: Chicago: ABA, 2015. 66p. Source: Internet Resource: Accessed January 25, 2016 at: http://www.americanbar.org/content/dam/aba/images/diversity/SYG_Report_Book.pdf Year: 2015 Country: United States URL: http://www.americanbar.org/content/dam/aba/images/diversity/SYG_Report_Book.pdf Shelf Number: 137651 Keywords: Gun Policy Gun Violence Homicides Public Safety Racial Disparities Self Defense Stand Your Ground Laws

Author: American Civil Liberties Union of New Jersey Title: Selective Policing: Racially Disparate Enforcement of Low-Level Offenses in New Jersey Summary: Police departments across the country increasingly have come to rely on the aggressive enforcement of low-level offenses to maintain social order and deter more serious crimes. Such a strategy involves the exercise of unfettered discretion by individual police officers. They decide whether and when to make arrests for minor misbehaviors that pose little or no harm to the community. This can lead to the uneven enforcement of low-level offenses, which falls disproportionately on Black and Latino communities. understand the impact such arrests have on communities of color, and implement the appropriate changes. The origins of this report stem from a 2013 American Civil Liberties Union national study of racial disparities in the context of marijuana possession arrests. That report found that Blacks in New Jersey were nearly three times more likely to be arrested than Whites. The American Civil Liberties Union of New Jersey decided to further examine those findings by taking a closer look at the arrests for numerous low-level offenses, specifically disorderly conduct; defiant trespass; loitering; and marijuana possession. We examined the most recent data available from police departments in four cities. The cities were chosen to reflect New Jersey's diversity in population density, demographics, and geographic location. The four cities are Jersey City, Elizabeth, New Brunswick, and Millville. The results of the study demonstrate a pattern of racially disparate enforcement practices in all four cities. In each case, the study identified extreme racial disparities in the number of arrests of Black and White people for low-level offenses. We were unable to gauge the full extent of the disparities because of serious flaws in the data collection practices of each police department. Key findings from the report: - Racial disparities between Black and White arrests exist in every city studied. For the most recent years available, the data show Blacks in Jersey City are 9.6 times more likely to be arrested than Whites for the low-level offenses studied. In Millville, it's 6.3 times more likely; in Elizabeth, it's 3.4 times more likely; and in New Brunswick, 2.6 times more likely. - Racial disparities between Hispanic/Latino and White arrests are present where data are available. Arrest data for Hispanics/Latinos are not kept in a consistent manner from jurisdiction to jurisdiction. Where data were available, however, the study found disparities. For example, for the most recent years available, in Jersey City, Hispanics/Latinos were 2.9 times more likely to be arrested than Whites for the offenses studied. In Millville, Hispanics/Latinos were 6.3 times more likely to be arrested for marijuana possession. - Some law enforcement agencies do not track Hispanic/Latino data. For example, the Elizabeth Police Department does not track Hispanic/Latino arrests, despite serving a population that is 60% Hispanic/Latino. - Police departments are not keeping records in accessible, reliable formats. Some departments were simply missing arrest data for several years. Haphazard record keeping was evident in all four police departments. Jersey City, for example, conducted a hand count of its arrest records for 2011 and discovered significantly more marijuana possession arrests than were found by a computer search. The lack of accurate, reliable records makes evaluating the departments' practices difficult (sometimes impossible), hindering transparency and accountability. - Individuals charged with low-level offenses are generally not involved in serious crimes. For example, 95% of the low-level arrests in Jersey City did not involve any other offense classified as "serious" by the FBI's Uniform Crime Report. Because the study focused on low-level offenses, arrests that included charges for more serious offenses were excluded from the analyses. The study data revealed a clear pattern of Black and Hispanic/Latino communities disproportionately bearing the brunt of policing practices that focus on a strict enforcement of low-level offenses. The human cost of these arrests and convictions can include having to pay court costs and fines; criminal records that follow individuals for the rest of their lives; and the loss of income, housing, child custody, or immigration status. In extreme cases, a confrontation with police over a low-level offense can escalate into an episode of violence. Almost as troubling as the revelations about the disparity in the number of arrests, is the routine lack of diligence in record keeping and the haphazard collection of enforcement data. Without full, careful, and transparent reporting of the arrests made by a city's police department, the public cannot be adequately informed about the work of the department; the community cannot hold officials accountable for the actions being taken; and the police departments cannot determine the effectiveness of its policing strategies. Despite incomplete data from the police departments due to breakdowns in their reporting practices, a clear picture emerged. The effort to fight crime with an aggressive strategy of arresting people for low-level offenses served mainly to create unacceptable disparities in the number of Blacks and Hispanics/Latinos arrested. The racial disparities uncovered by this study are deeply troubling and call for immediate action to identify their causes. Only then can law enforcement agencies begin to understand the impact such arrests have on communities of color, and implement the appropriate changes. Details: Newark, NJ: ACLU of New Jersey, 2015. 106p. Source: Internet Resource: Accessed January 26, 2016 at: https://www.aclu-nj.org/files/7214/5070/6701/2015_12_21_aclunj_select_enf.pdf Year: 2015 Country: United States URL: https://www.aclu-nj.org/files/7214/5070/6701/2015_12_21_aclunj_select_enf.pdf Shelf Number: 137658 Keywords: Minority Groups Police Discretion Racial Disparities Racial Profiling in Law Enforcement

Author: Williams, Patrick Title: Dangerous associations: joint enterprise, gangs and racism. An analysis of the processes of criminalisation of Black, Asian and minority ethnic individuals Summary: Following the publication of Baroness Young's review Improving outcomes for young black and/or Muslim men in the Criminal Justice System in 2014, the Centre for Crime and Justice Studies commissioned the authors to write a research and policy project to explore the relationship between Joint Enterprise, gangs, and the police's gang database, and ethnicity. This study also forms part of the authors' response to a call by the House of Commons Justice Committee for a rigorous consideration of the possible relationship between the disproportionate application of collective punishments/sanctions and in particular, the Joint Enterprise (JE) upon BAME individuals and groups. The findings offer a critical analysis of contemporary responses to the 'gang', highlighting limitations in the evidence base that currently informs the pursuit of collective sanctions against alleged 'gang' members and their associates. This report reveals the dangerous associations of a series of negative constructs, signifying racialised stereotypes that endure and underpin contemporary policing and prosecution strategies in relation to serious youth violence in England and Wales. The net effect of criminal justice policies which are designed to 'disrupt' and 'end' the gang, is the disproportionate punishment of young people from minority ethnic (particularly black) groups while failing to adequately curtail levels of serious youth violence across England and Wales. Details: London: Centre for Crime and Justice Studies, 2016. 24p. Source: Internet Resource: Accessed January 27, 2016 at: http://www.crimeandjustice.org.uk/sites/crimeandjustice.org.uk/files/Dangerous%20assocations%20Joint%20Enterprise%20gangs%20and%20racism.pdf Year: 2016 Country: United Kingdom URL: http://www.crimeandjustice.org.uk/sites/crimeandjustice.org.uk/files/Dangerous%20assocations%20Joint%20Enterprise%20gangs%20and%20racism.pdf Shelf Number: 137686 Keywords: Bias Disproportionate Minority Contact Gangs Minority Groups Race/Ethnicity Racial Disparities

Author: Redfield, Sarah E. Title: School-To-Prison Pipeline: Preliminary Report Summary: In 2014, the American Bar Association (ABA) Coalition on Racial and Ethnic Justice (COREJ) turned its attention to the continuing failures in the education system where certain groups of students - for example, students of color, with disabilities, or LGBTQ - are disproportionately over- or incorrectly categorized in special education, are disciplined more harshly, including referral to law enforcement for minimal misbehavior, achieve at lower levels, and eventually drop or are pushed out of school, often into juvenile justice facilities and prisons - a pattern now commonly referred to as the School-to-Prison Pipeline (StPP). While this problem certainly is not new, it presented a convergence of several laws, policies, and practices where the legal community's intervention is critical. Joined by the ABA Pipeline Council and Criminal Justice Section, and supported by its sister ABA entities, COREJ sponsored a series of eight Town Halls across the country to investigate the issues surrounding this pipeline. The focus of these Town Halls was to 1) explore the issues as they presented themselves for various groups and various locales; 2) gather testimony on solutions that showed success, with particular focus on interventions where the legal community could be most effective in interrupting and reversing the StPP; and 3) draw attention to the role implicit bias plays in creating and maintaining this pipeline. This report is a result of those convenings. Also a result was the formation of a Joint Task Force among the three convening entities to provide an organizational structure to address Reversing the School-to-Prison Pipeline (RStPP) To analyze the complexities surrounding the school-to-prison pipeline and identify potential solutions to reverse these negative trends, the Joint RStPP Task Force: 1. Organized and conducted eight Town Hall meetings in various parts of the United States during which several area experts and community members voiced concerns, discussed the problems, and proposed solutions. 2. Analyzed and cumulated national data from the U.S. Department of Education's Civil Rights Data Collection and other available local data to gauge the magnitude and scope of the problems. 3. Served as a clearinghouse for information and reports relevant to the RStPP effort and disseminated that information. 4. Examined national and state laws and local school district's policies and practices that have combined to push an increasing number of students out of school and into the justice system. 5. Analyzed laws that several states have enacted to reverse the school-to-prison pipeline. 6. Evaluated evidence-based policies and practices that various schools have implemented to reverse the school-to-prison pipeline. 7. Organized and conducted a roundtable discussion to focus exclusively on mapping out solutions to reverse these negative trends by identifying model programs and successful strategies. 8. Planned for two additional Town Halls focused on LGBTQ (San Diego) and entry points to the pipeline and juvenile justice (Memphis). 9. Drafted this preliminary report and prepared recommendations for consideration by the larger ABA. Details: Chicago: American Bar Association, Coalition on Racial and Ethnic Justice, 2016. 167p. Source: Internet Resource: Accessed February 22, 2016 at: http://jjie.org/files/2016/02/School-to-Prison-Pipeline-Preliminary-Report-Complete-Final.pdf Year: 2016 Country: United States URL: http://jjie.org/files/2016/02/School-to-Prison-Pipeline-Preliminary-Report-Complete-Final.pdf Shelf Number: 137937 Keywords: Racial Discrimination Racial Disparities Racial Profiling School Discipline School Suspension School-to-Prison Pipeline Zero Tolerance

Author: Baumgartner, Frank R. Title: The Impact of Race, Gender, and Geography on Florida Executions Summary: Florida's use of the death penalty in the modern era has been marked by substantial disparities by the race and gender of the victim of the crime, and by geography. These disparities are so great that they call in to question the equity of the application of the harshest penalty, adding to growing concerns that the death penalty is applied in an unfair, capricious, and arbitrary manner. Between 1976 and 2014, the state of Florida executed 89 men and women. Here are a few key findings of this research: - 72% of all executions carried out in Florida between 1976 and 2014 were for crimes involving White victims despite the fact that 56% of all homicide victims are White. - Only 26% of all homicide victims are female, but 43% of all executions carried out in Florida were for homicides involving female victims. - Homicides involving White female victims are 6.5 times more likely to result in an execution than homicides in involving Black male victims. - No White person has been executed in Florida for a homicide involving a Black victim. In contrast, 71% of the executions carried out against Black inmates were for homicides involving White victims. In cases where Black inmates were executed, 56% of all of the victims were White. - Just six out of Florida's 67 counties are responsible for more than half of the state's 89 executions. - Only four counties (Miami-Dade, Orange, Duval, and Pinellas) have produced more than five executions. More than half of all Florida counties (36) have never produced an execution. Seven Florida counties (Bradford, Wakulla, Santa Rosa, Madison, Colombia, Lake, and Hernando) have execution rates that are more than triple the state's average execution rate of .30 executions per 100 homicides. - The homicide rate in counties that have produced no executions (1.11 homicides per 1,000 population) is significantly lower than the homicide rate in counties that have produced executions (1.62 homicides per 1,000 population). Details: The Author, 2016. 10p. Source: Internet Resource: Accessed February 25, 2016 at: https://www.unc.edu/~fbaum/articles/Baumgartner-Florida-executions-Jan2016.pdf Year: 2016 Country: United States URL: https://www.unc.edu/~fbaum/articles/Baumgartner-Florida-executions-Jan2016.pdf Shelf Number: 137975 Keywords: Capital Punishment Death Penalty Executions Homicides Racial Disparities

Author: American Civil Liberties Union of Florida Title: Racial Disparities in Florida Safety Belt Law Enforcement Summary: Black motorists in Florida are stopped and ticketed for seatbelt violations in far greater numbers than white motorists - nearly twice as often statewide and up to four times as often in certain counties, according to this January 27, 2016 report by the ACLU of Florida and the ACLU Racial Justice Project. The report is based on publicly available data reported by law enforcement agencies across the state, and raises serious concerns about racial profiling on Florida roads. Not only does the report find statewide racial disparities in enforcement of the law, it also highlights counties where the disparity is even worse than the statewide average, finds an alarming drop-off in compliance with the law's reporting requirement, and makes recommendations for future reforms. Details: Miami: ACLU of Florida, 2016. 44p. Source: Internet Resource: Accessed March 6, 2016 at: https://aclufl.org/resources/racial-disparities-in-florida-safety-belt-law-enforcement/ Year: 2016 Country: United States URL: https://aclufl.org/resources/racial-disparities-in-florida-safety-belt-law-enforcement/ Shelf Number: 138106 Keywords: Racial Bias Racial Bias in Law Enforcement Racial Disparities

Author: Blume, John H. Title: Forty Years of Death: The Past, Present, and Future of the Death Penalty in South Carolina (Or Still Arbitrary after All These Years) Summary: Forty years ago, the Supreme Court of the United States deemed constitutional new death penalty laws intended to minimize the arbitrariness which led the Court to invalidate all capital sentencing statutes four years earlier in Furman v. Georgia. Over the last four decades the Court has - time and again - attempted to regulate the "machinery of death." Looking back over the Court's work, many observers, including two current Supreme Court justices, have questioned whether the modern death penalty has lived up to expectations set by the Court in the 1970s or if, despite 40 years of labor, the American death penalty continues to be administered in an unconstitutionally arbitrary manner. This Article presents data from South Carolina's forty-year experiment with capital punishment and concludes that the administration of the death penalty in that state is still riddled with error and infected with racial and gender bias. It is - in short - still arbitrary after all these years. The authors maintain that the only true cure it to abolish South Carolina's death penalty, although they do argue that lesser steps including additional safeguards and procedure may limit, but will not eliminate, some of the arbitrariness and bias which are present in the current imposition of South Carolina's most extreme punishment. Details: Ithaca, NY: Cornell Law School, 2016. 78p. Source: Internet Resource: Cornell Legal Studies Research Paper No. 16-8 : Accessed March 9, 2016 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2734895 Year: 2016 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2734895 Shelf Number: 138143 Keywords: Capital Punishment Death Penalty Racial Disparities

Author: Mills, John R. Title: Juvenile Life Without Parole in Law and Practice: The End of Superpredator Era Sentencing Summary: This article examines the rapid changes underway in sentencing juveniles to life without parole (JLWOP). It examines both the rapid changes in law and in the actual sentencing practices in the counties and states that continue to sentence persons to die in prison for crimes they commit before reaching age eighteen. In Miller v. Alabama, 132 S. Ct. 2455 (2012), the United States Supreme Court held that mandatory sentences for such offenses violate the Eighth Amendment. In reaching that conclusion, the Court explicitly held open the question of whether any such sentence is constitutional. This article addresses when, where, and on whom JLWOP sentences are being imposed, questions relevant to its constitutionality. Examining a comprehensive data set of all persons currently serving JLWOP sentences, we find that the vast majority of JLWOP sentences are the product of sentencing policies premised on the myth of the superpredator, are isolated in a handful of counties and states, and that the states with those polices are rapidly abandoning them. We also find that black offenders are twice as likely as their similarly situated white counterparts to receive JLWOP sentences. Details: Unpublished paper, 2015. 60p. Source: Internet Resource: Accessed March 18, 2016 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2663834 Year: 2015 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2663834 Shelf Number: 138338 Keywords: Juvenile Offenders Juvenile Sentencing Life Imprisonment Life Sentence Life Without Parole Minority Groups Racial Disparities

Author: Losen, Daniel J. Title: Keeping California's Kids in School: Fewer Students of Color Missing School for Minor Misbehavior Summary: Recently the California Department of Education released new data on school discipline. This report compares this year's data release covering 2012-13 to the data released last year covering 2011-12. We find a reduction in the use of out-of-school suspension for every racial/ethnic group. Specifically, based on the statewide averages for 2011-2012 and 2012-2013, progress was made for every racial/ethnic subgroup toward reducing the rate of out-of-school suspensions (OSS) per 100 students enrolled from the prior year. Data source and limitations: The state and district level data used to construct this report and compare years, include data on every district in California collected by the state and available on the state's Department of Education website. We have conducted the additional analysis on racial gaps and trends over time. We provide that information for every district in a sortable spreadsheet that accompanies this report. The state has discouraged comparisons with reported data from earlier years because the definitions, collection methods and other inconsistencies make such comparisons unreliable. The reduction in state averages suggest that some progress has been made toward reducing the reliance on out-of- school suspensions and the racial gap in disciplinary exclusion is narrowing in California. This report only provides a summary of some of the more significant state and district level improvements. Details: Los Angeles: Center for Civil Rights Remedies, 2014. 9p. Source: Internet Resource: Accessed March 21, 2016 at: http://civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights-remedies/school-to-prison-folder/summary-reports/keeping-californias-kids-in-school/WithChange.pdf Year: 2014 Country: United States URL: http://civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights-remedies/school-to-prison-folder/summary-reports/keeping-californias-kids-in-school/WithChange.pdf Shelf Number: 138357 Keywords: Racial Disparities School Discipline School Suspensions Student Discipline

Author: Losen, Daniel J. Title: Opportunities Suspended: The Disparate Impact of Disciplinary Exclusion from School Summary: Does anybody know how many students were suspended from school in their child's district? Should we care? In most schools and districts in the nation, the answer to the first question is that most do not know, even though out-of-school suspension is no longer a measure of last resort in a large number of school districts across the country. As this report will show, many districts are frequently resorting to suspension for violations of even minor school rules. Well over three million children, K-12, are estimated to have lost instructional "seat time" in 2009-2010 because they were suspended from school, often with no guarantee of adult supervision outside the school. That's about the number of children it would take to fill every seat in every major league baseball park and every NFL stadium in America, combined. Besides the obvious loss of time in the classroom, suspensions matter because they are among the leading indicators of whether a child will drop out of school, and because out-of- school suspension increases a child's risk for future incarceration. Given these increased risks, what we don't know about the use of suspensions may be putting our children's futures (and our economy) in jeopardy. Furthermore, the high risk of getting suspended is not borne equally by all students, which raises civil rights issues and questions about fundamental fairness. This report will demonstrate that, while children from every racial group can be found to have a high risk for suspension in some school districts, African American children and children with disabilities are usually at a far greater risk than others. For example, one out of every six enrolled Black students was suspended, compared with one in twenty White students. This national report, based on suspensions of students in K-12 in 2009-2010, represents the first major effort to fill the knowledge gap around school discipline as it stands in thousands of districts in nearly every state. Based on data released in March 2012 by the U.S. Department of Education, we analyze the risk of out-of-school suspension for every racial/ethnic group, as well as for students with and without disabilities. The report begins by providing national- and state-level estimates, but perhaps the most valuable information presented is the detailed analysis of nearly 7,000 school districts from every state. In this national database, using the companion spreadsheets, readers will easily locate the highest suspending school districts for each racial group, and for students with and without disabilities. This report demonstrates that, in most districts, the highest risk for suspension is revealed when the data are disaggregated by race and combined with gender and/or disability status. Details: Los Angeles: Center for Civil Rights Remedies, 2012. 48p. Source: Internet Resource: Accessed March 24, 2016 at: http://civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights-remedies/school-to-prison-folder/federal-reports/upcoming-ccrr-research/losen-gillespie-opportunity-suspended-2012.pdf Year: 2012 Country: United States URL: http://civilrightsproject.ucla.edu/resources/projects/center-for-civil-rights-remedies/school-to-prison-folder/federal-reports/upcoming-ccrr-research/losen-gillespie-opportunity-suspended-2012.pdf Shelf Number: 138407 Keywords: Racial Disparities School Discipline School Suspensions Student Discipline

Author: Mercadal, Gertrudis Title: Prison Privatization in the United States: A New Strategy for Racial Control Summary: There has been a stunning build-up of prisons and a growing trend in prison privatization in the last 30 years, including the rise of maximum security units. The goal of my dissertation is to understand the ideological, historic, political, and economic processes behind the changes in the criminal justice system of the United States. I analyze this problem from multiple angles - labor and policy history, discourse and public opinion, and race in America. The aim of this analysis is to uncover the reasons why crime legislation became progressively more punitive, reaction to African Americans gains in post-Civil Rights more hostile, and the manifold ways in which these phenomena drive the expansion of the prison system and its increasing privatization. In the process of this expansion, a racial caste system which oppresses young African Americans and people of color has become recast and entrenched. Specifically, I offer the notion that in the last three decades, punitive crime legislation focused on African Americans and served to deal with labor needs and racial conflict with harsher penal legislation; in doing so, it depoliticized race, institutionalized racial practices, and served the interests of private prison businesses in new ways oppressive ways. Using interdisciplinary methods which weave together qualitative and quantitative analysis, I find that punitive crime policies in the last thirty years used the concept of crime as political currency by government officials in order to appear tough on crime, and by business representatives interested in exploiting the prison industry. The conflation of business and political interests, and the recasting of crime as a race problem, served to taint public institutions and media dissemination with racist imperatives which stereotyped poor African Americans. The end result is a constant re-positioning of young black males as fodder for economic exploitation. The dissertation also addresses the high cost of imprisonment and the multiple social problems brought from shifting inmates from wards of the State to profit-making opportunities in the hands of private entrepreneurs. The result is high numbers of recidivism, and a growing underclass of people who will always be unemployed or underemployed and return to low income communities that suffer from the endless cycle of poverty and imprisonment. Details: Boca Raton, FL: Florida Atlantic University, 2014. 245p. Source: Internet Resource: Dissertation: Accessed March 28, 2016 at: https://fau.digital.flvc.org/islandora/object/fau%3A13688/datastream/OBJ/view/Prison_privatization_in_the_United_States__a_new_strategy_for_racial_control.pdf Year: 2014 Country: United States URL: https://fau.digital.flvc.org/islandora/object/fau%3A13688/datastream/OBJ/view/Prison_privatization_in_the_United_States__a_new_strategy_for_racial_control.pdf Shelf Number: 138447 Keywords: African Americans Prisoners Private Prisons Privatization Racial Bias Racial Disparities

Author: Ridolfi, Laura John Title: Decriminalizing Childhood for Youth of Color Summary: From the day children are born, we dream of their bright future and imagine that their lives are ripe with opportunities to thrive. We send them off to elementary school with aspirations of one day attending their college graduation and celebrating their journey toward self-sufficiency. We envision them growing into young adults with access to opportunities to create a good life. However, for far too many, this is a dream deferred. For youth of color, the journey along the path of opportunity toward self-sufficiency is frequently derailed by criminalization, arrest, and incarceration. One reason is that the margin of error that our society grants to youth of color is razor thin. This is true for youth of color who are simply exhibiting normal childhood behavior, as well as those who commit crime. The American justice system, reflecting societal values and norms, has a long and unconscionable tradition of using policing and incarceration as a form of social control for children of color. It is imperative that we protect their right to childhood by reforming the justice system in ways that strive for structural racial equity. The racial and ethnic disparities that exist in youth justice today are symptoms of a system that, from inception, treated children of color poorly and that continues to use misguided and ineffective approaches. There are nearly 1 million young people involved in the youth justice system today. The overwhelming majority are youth of color. On an average day in 2013, nearly 55,000 young people across the United States were incarcerated - 87 percent were for nonviolent offenses. Youth of color were significantly more likely to be incarcerated; black youth were more than six times as likely to be incarcerated as white youth. The American emphasis on incarceration as a response to misbehavior and misconduct by youth of color is punitive, deficit-based, and ultimately counterproductive. This "mass incarceration" has come under public scrutiny in the United States in recent years. Across party lines, our nation agrees, the "American experiment in mass incarceration has been a moral, legal, social, and economic disaster." But mass incarceration is more accurately described as hyper-incarceration because communities of color experience excessive incarceration disproportionately. Details: Chicago: Urban America Forward, 2016. 4p. Source: Internet Resource: Civil Rights Roundtable Series: Policy Brief: Accessed March 29, 2016 at: https://drive.google.com/file/d/0B5OY2mjuvIznSDhsTkU2LVV3SkU/view?pref=2&pli=1 Year: 2016 Country: United States URL: https://drive.google.com/file/d/0B5OY2mjuvIznSDhsTkU2LVV3SkU/view?pref=2&pli=1 Shelf Number: 138472 Keywords: African Americans Disadvantaged Youth Ethnic Disparities Mass Incarceration Racial Disparities

Author: Rovner, Joshua Title: Declines in Youth Commitments and Facilities in the 21st Century Summary: This policy brief finds that a major reduction in the number of youth committed to juvenile facilities has taken place this century. Overview: �The number of youth in juvenile commitment has fallen by half since 2000. �Racial disparities in youth commitment remain large and prevalent. �One in three juvenile facilities has closed since 2002, with the highest rate of closure for large facilities Details: Washington, DC: The Sentencing Project, 2015. 7p. Source: Internet Resource: Accessed March 30, 2016 at: http://sentencingproject.org/doc/publications/Youth-Commitments-and-Facilities.pdf Year: 2015 Country: United States URL: http://sentencingproject.org/doc/publications/Youth-Commitments-and-Facilities.pdf Shelf Number: 138475 Keywords: Juvenile Detention Juvenile Offenders Racial Disparities

Author: W. Haywood Burns Institute Title: San Francisco Justice Reinvestment Initiative: Racial and Ethnic Disparities Analysis for the Re-Entry Council Summary: In February 2011, the Reentry Council of The City and County of San Francisco (Reentry Council) submitted a letter of interest to the Bureau of Justice Assistance (BJA) to participate in the local Justice Reinvestment Initiative (JRI). In May 2011, following BJA's selection of San Francisco as a JRI site, the Crime and Justice Institute (CJI) at Community Resources for Justice (CRJ) began working with and providing technical assistance to the Reentry Council. From CJI's presentations to the Reentry Council, and based on these preliminary findings, the Reentry Council identified three policy areas with potential for achieving cost savings and reinvestment opportunities: 1. Eliminate disproportionality in San Francisco's criminal justice system 2. Create a uniform early termination protocol for probation 3. Maintain and expand pretrial alternatives to detention Reducing the disproportionate representation of people of color in San Francisco's criminal justice system remains a priority in JRI activities. Learning more about these disparities was a priority for Phase II. In November 2014, CJI contracted BI to provide an analysis of whether and to what extent racial and ethnic disparities exist at the five following key decision making points: - Arrest - Bail and Pretrial Jail - Pretrial Release - Sentencing - Motion to Revoke Probation (MTR) The analysis in this report describes the nature and extent of racial and ethnic disparities in the decision making points above. The analysis does not explore the causes of disparities. BI did not perform statistical analyses to isolate the extent to which race/ethnicity - rather than a variety of other factors - predicts justice system involvement. Additionally, the analysis does not explore the extent to which individual bias impacts the disproportionate representation of people of color in the justice system. Details: Oakland, CA: The Institute, 2015. 49p. Source: Internet Resource: Accessed march 30, 2016 at: https://www.burnsinstitute.org/wp-content/uploads/2015/06/SF_JRI_Full_Report_FINAL_7-21.pdf Year: 2015 Country: United States URL: https://www.burnsinstitute.org/wp-content/uploads/2015/06/SF_JRI_Full_Report_FINAL_7-21.pdf Shelf Number: 138477 Keywords: African Americans Ethnic Disparities Justice Reinvestment Prisoner Reentry Racial Disparities

Author: Rovner, Joshua Title: Racial Disparities in Youth Commitments and Arrests Summary: Between 2003 and 2013 (the most recent data available), the rate of youth committed to juvenile facilities after an adjudication of delinquency fell by 47 percent. Every state witnessed a drop in its commitment rate, including 19 states where the commitment rates fell by more than half. Despite this remarkable achievement, the racial disparities endemic to the juvenile justice system did not improve over these same 10 years. Youth of color remain far more likely to be committed than white youth. Between 2003 and 2013, the racial gap between black and white youth in secure commitment increased by 15%. Details: Washington, DC: The Sentencing Project, 2016. 16p. Source: Internet Resource: Policy Brief: Accessed April 2, 2016 at: http://www.sentencingproject.org/doc/publications/Racial%20Disparities%20in%20Youth%20Commitments%20and%20Arrests.pdf Year: 2016 Country: United States URL: http://www.sentencingproject.org/doc/publications/Racial%20Disparities%20in%20Youth%20Commitments%20and%20Arrests.pdf Shelf Number: 138530 Keywords: Juvenile Detention Juvenile Offenders Racial Disparities

Author: Dumont, Robyn Title: Disproportionate Contact: Youth of Color in Maine's Juvenile Justice System Summary: Research staff at the USM Muskie School work in partnership with Maine's Juvenile Justice Advisory Group (JJAG) in support of the goal of producing information to enhance Maine's understanding of disproportionate minority contact (DMC) in the state. This research documents the rate of disproportionate minority contact (DMC) for youth involved in Maine's juvenile justice system, differences in pathways to detention for youth of color, and the experiences of youth and families of color who have had contact with Maine's juvenile justice system. It uses a relative rate index (RRI) to demonstrate how youth of color are treated in comparison to their white counterparts throughout nine separate contact points in the juvenile justice system. This Maine-focused research report aligns with several federal, state, and local efforts aimed at promoting equity for youth of color throughout the juvenile justice system. In part, this report fulfills a federal grant requirement from the Office of Juvenile Justice Delinquency Prevention (OJJDP) to identify DMC within the juvenile justice system in Maine. In order to assist states in their efforts to comply with the DMC requirements of the federal Juvenile Justice and Delinquency Prevention Act (JJDPA), the OJJDP funds state-based advisory groups to understand and reduce DMC in their jurisdictions. Maine's Juvenile Justice Advisory Group (JJAG) has partnered with the Muskie School of Public Service at the University of Southern Maine to conduct this research to inform these efforts. Details: Portland, OR: University of Southern Maine, Muskie School of Public Service, 2015. 55p. Source: Internet Resource: Accessed April 5, 2016 at: http://muskie.usm.maine.edu/justiceresearch/Publications/Juvenile/DMC.FINAL.05.15.2015.pdf Year: 2015 Country: United States URL: http://muskie.usm.maine.edu/justiceresearch/Publications/Juvenile/DMC.FINAL.05.15.2015.pdf Shelf Number: 138570 Keywords: Disproportionate Minority Contact Juvenile Justice Systems Racial Bias Racial Disparities

Author: Denbeaux, Mark P. Title: Racial Profiling Report: Bloomfield Police and Bloomfield Municipal Court Summary: Seton Hall Law School's Center for Policy & Research selected Bloomfield, New Jersey as a setting for a study of potential racial profiling in its police practices. The results revealed a persistent and disproportionate representation of African Americans and Latinos in the courtroom as compared to their representation in either Bloomfield itself or in the State of New Jersey. Bloomfield, New Jersey is, in many ways, demographically representative of New Jersey itself. According to the most recent census data available, its population of 47,315 is roughly 60% white, 18.5% African American, and 24.5% Latino. In comparison, New Jersey's population is 68.6% white, 13.7% African American, and 17.7% Latino. Bloomfield is ringed on the north, east and west by towns that resemble its demographic makeup. Bloomfield's southern border, however, is a different story: Newark is 26.3% white, 52.3% African American and 33.8% Latino; East Orange is 4% white, 88.5% African American and 7.9% Latino. The study entailed hundreds of observations of court appearances for traffic offenses and a small number of other minor offenses in Bloomfield Municipal Court, conducted by a team of trained Seton Hall Law School students for 70 hours over the course of a month. Students also scrutinized a database of 9,715 tickets issued to unique drivers in Bloomfield during a 12-month period immediately preceding the courtroom observations. The individuals with Spanish surnames who were cited in the Bloomfield ticket database closely approximated the Latino percentage observed in court appearances. Given the demographics of both Bloomfield and New Jersey generally, the expected representation in the courtroom would have been around 60% white. Strikingly, the observers reported the inverse, plus: instead of 60% white, African-Americans and Latinos accounted for an astounding 78% of court appearances (43% African American, 35% Latino, 20% White, and 2% other) (n=799). Remarkably, this racial disproportion was found not only across the board but in various subgroupings - including Bloomfield itself whose African American and Latino residents accounted for 73% of Bloomfield residents observed before the court, as compared with only 24% white. Similarly, a racial disproportion in ticketing also existed across the five predominantly white border towns. Although the numbers are small (n=39), 64% of those with residences in the predominantly white border towns were African American or Latino while only 33% were white. Much of the explanation for the racial distribution of tickets is undoubtedly due to the issuance of citations to residents of the cities of Newark and East Orange. The borders of these cities with Bloomfield were overwhelmingly targeted by the Bloomfield Police. To determine areas of police targeting, the database of tickets from the year immediately prior to the observation aspect of the study, was also analyzed for patrolling patterns. Where it could be determined where the traffic stop occurred (which was in some 67% of the cases), the overwhelming majority -- 88.33% -- were in the third of Bloomfield nearest to Newark and East Orange. Added to the courtroom observation data showing a greatly disproportionate number of tickets issued to African Americans and Latinos (78%), this pattern of citations compels the conclusion that African Americans and Latinos are, collectively, Bloomfield Police's target group. Indeed, Bloomfield Police policing patterns suggest a de facto "border patrol." By plotting out ticket incidence and frequency, one can see what essentially amounts to a "wall" of police erected against the Newark and East Orange border areas and their predominantly African American and Latino residents. This pattern of police citations also resulted in a dramatic subsidy of Bloomfield by African American and Latinos, in large part from residents of Newark and East Orange. For each individual charged, the average cost was $137 plus any surcharges imposed. That suggests that, for African Americans and Latinos, as a group, 7,566 tickets and a total paid to Bloomfield Municipal Court of more than $1,000,000. From the residents of East Orange and Newark who, at 29% of the observed total, received 2,910 tickets, Bloomfield Municipal Court would have received nearly $400,000. The annual budget of the Court is about $500,000, suggesting a substantial "profit" from this pattern of law enforcement, most of it from nonresidents of Bloomfield, and heavily weighted on the backs of African Americans and Latinos as a group. Perhaps not coincidentally, the Municipal Court's budgeted salaries were projected to have more than doubled in 2015, from $350,600 in 2014 to an estimated $760,794 in 2015. Details: Newark, NJ: Seton Hall University School of Law, Center for Policy and Research, 2016. 28p. Source: Internet Resource: Accessed April 20, 2016 at: Year: 2016 Country: United States URL: Shelf Number: 138701 Keywords: Bias Racial Disparities Racial Profiling Racial Profiling in Law Enforcement Racism Traffic Stops

Author: Stevens, Tia Title: Effects of County and State Economic, Social, and Political Contexts on Racial/Ethnic and Gender Differences in Youth's Penetration into the Justice System Summary: The current study is designed to extend the empirical and theoretical research on disproportionate youth contact with the justice system. Missing from the considerable body of work examining the effects of extralegal factors on police behavior and justice system processing is an examination of the social, political, and economic contextual factors that may influence disparities in justice system contact. The current study addresses this gap by identifying contextual factors associated with severity of justice system response to youth and by identifying the macro-structural environments that disproportionately affect young women and youth of color. Specifically, it examines the direct effects of county and state characteristics on youth risk of arrest and probabilities of charge, a court appearance, conviction, and placement and how the effects of individual characteristics and county and state characteristics interact to disproportionately impact certain groups of youth in certain environments. The main dataset for this study was constructed from the National Longitudinal Survey of Youth (NLSY97). Using the confidential NLSY97 Geocode File, the NLSY97 was appended with county- and state-specific data from various publically available sources indicating structural disadvantage, population composition, political conservatism, prosecutor's office characteristics, delinquency petition and crime rates, gender inequity, child health and well-being, and juvenile justice policy punitiveness. To take advantage of the longitudinal nature of the NLSY97 data, a combination of multilevel modeling techniques, event history analysis, and generalized linear modeling was employed to examine the effects of individual characteristics and contextual conditions on youths' risk of arrest and probabilities of charge, a court appearance, conviction, and placement. The findings suggest that the effects of gender and racial/ethnic group on youth penetration into the justice system are more pronounced at some decision-making levels and depend on contextual environment. The results of the analyses by race, gender, and ethnicity suggest three major findings. First, racial disparities are present in youth risk of arrest, which are magnified in predominately non-Black communities. However, this study also found evidence of a compensatory effect whereby Black youth receive more favorable court dispositions than their non-Black counterparts. Second, the gender gap in youth justice system processing depends on state climates of women and children's health and wellbeing. Specifically, as women and children's health and wellbeing decrease, the gender gap in processing narrows and, in the case of court appearance, reverses. Third and finally, Hispanic youth are treated disproportionately more harshly in states with poor climates of children's health and wellbeing and in states with less punitive juvenile justice systems. Overall, the findings indicate that the reduction of gender and racial/ethnic disparities is unlikely without commitment to the structural reform of inequalities. Intervention efforts to reduce disparities should be multifaceted and include community-based youth-serving organizations and human services agencies, in addition to criminal and juvenile justice agencies. Details: Lansing, MI: Michigan State University, 2013. 107p. Source: Internet Resource: Dissertation: Accessed April 21, 2016 at: http://etd.lib.msu.edu/islandora/object/etd%3A327/datastream/OBJ/view Year: 2013 Country: United States URL: http://etd.lib.msu.edu/islandora/object/etd%3A327/datastream/OBJ/view Shelf Number: 139088 Keywords: Disproportionate Minority Contact Juvenile Justice Policy Juvenile Justice Systems Race/Ethnicity Racial Disparities

Author: Vessels, Lauren Title: Racial and Ethnic Fairness in Juvenile Justice: Availability of State Data Summary: Youth of color are overrepresented in many aspects of the juvenile justice system from arrest to court referral and confinement. A core requirement of federal juvenile justice policy (Juvenile Justice and Delinquency Prevention Act of 2002) requires each state to identify where disparities may exist across various juvenile justice decision points. Where disparities are identified, the states must complete self-assessments informed by comprehensive data and use this research to develop solutions. The monitoring task begins with understanding federal policy for identifying racial and ethnic groups and exploring what national juvenile arrest data can tell us. Of equal importance is charting state progress toward transparently reporting meaningful fairness indicators to the public, conducting more detailed self-assessments and advancing specific strategies to improve racial and ethnic fairness at the local-level. This publication summarizes the results from a review of publicly available data that describe racial and ethnic fairness across the country. This StateScan publication is the 7th in a series that distills important knowledge from NCJJ's new Juvenile Justice Geography, Policy, Practice & Statistics website (www.JJGPS.org). The author organizes results from a national search for publicly available state-level sources for racial and ethnic fairness data. This publication outlines important details provided in the data, describes the importance of sharing this data publicly, and discusses the underlying obstacles to data collection. This original analysis also describes the federal requirements to collect and report this data; however, few states share this information with the public. Details: Pittsburgh: National Center for Juvenile Justice, 2015. 4p. Source: Internet Resource: StateScan: Accessed May 6, 2016 at: http://www.ncjj.org/news/15-08-06/New_JJGPS_StateScan_-_Racial_and_Ethnic_Fairness_in_Juvenile_Justice_Availability_of_State_Data.aspx Year: 2015 Country: United States URL: http://www.ncjj.org/news/15-08-06/New_JJGPS_StateScan_-_Racial_and_Ethnic_Fairness_in_Juvenile_Justice_Availability_of_State_Data.aspx Shelf Number: 138960 Keywords: Disproportionate Minority Contact Juvenile Justice Systems Juvenile Offenders Minorities Racial Disparities

Author: Association of the Bar of the City of New York Title: Report on the NYPD's Stop-and-Frisk Policy Summary: The New York Police Department's (NYPD) - stop, question and frisk- policy has been a major, highly controversial feature of policing under the Administration of Mayor Michael Bloomberg. The exponential growth in the use of this tactic during the first decade of Bloomberg's mayoralty has resulted in nearly five million stops, a stark increase from its prior use. The number of reported stops grew from 97,296 in 2002 to 685,724 in 2011, before drop-ping to 533,042 in 2012. Mayor Michael Bloomberg and Police Commissioner Raymond Kelly laud the stop-and-frisk policy as a significant component of the City's successful effort to reduce violent crime, a means of keeping guns off the street and improving the quality of life in the neighborhoods most affected by crime. Indeed, through a variety of strategies, the crime rate in the City has been reduced substantially over the past 20 years. Indeed, the police must be able to stop and frisk individuals as a crime-fighting strategy, within the limits set by law. However, the stop and frisk policy has raised a number of important concerns: - Only approximately 6% of the stops have resulted in arrests and approximately 2% in the recovery of weapons. Thus, the overwhelming majority of stops result in no discovery of wrongdoing. This is the case even though the law permits the police to make such stops only if they - reasonably suspect- that the person is committing, has committed, or is about to commit a crime, and may only frisk a person who has already been stopped legally if they reasonably believe that the person is armed. These data, plus extensive anecdotal evidence, suggest that many stops may not be justified under federal and state constitutional protection from unreasonable searches and seizures. In addition, many of the arrests occur under questionable circumstances, such as when people are asked to remove marijuana from their pockets and then arrested for possessing marijuana - in public view. - Eighty-five percent of those stopped are black and Latino, and are overwhelmingly male. While the NYPD asserts that is understandable because most of the criminal activity is in neighborhoods with predominantly black and Latino populations, the data suggest that even controlling for neighborhood demographics, black and Latino individuals are stopped more often. The policy has engendered substantial opposition, with those opposed saying it not only violates the rights of many of those stopped but also stigmatizes a substantial segment of the population and further alienates and marginalizes young black and Latino men who face ever more difficult hurdles in progressing within society. In addition, the policy engenders distrust in the affected communities, and the mutual disrespect between the police and the younger generation in those communities undermines confidence in how the police go about their vital work. Details: New York: The Bar Association, 2013. 24p. Source: Internet Resource: Accessed May 6, 2016 at: http://www2.nycbar.org/pdf/report/uploads/20072495-StopFriskReport.pdf Year: 2013 Country: United States URL: http://www2.nycbar.org/pdf/report/uploads/20072495-StopFriskReport.pdf Shelf Number: 138964 Keywords: Police Discretion Racial Disparities Racial Profiling in Law Enforcement Stop and Frisk (New York City) Zero Tolerance Policing

Author: Fryer, Roland G., Jr. Title: An Empirical Analysis of Racial Differences in Police Use of Force Summary: This paper explores racial differences in police use of force. On non-lethal uses of force, blacks and Hispanics are more than fifty percent more likely to experience some form of force in interactions with police. Adding controls that account for important context and civilian behavior reduces, but cannot fully explain, these disparities. On the most extreme use of force - officer-involved shootings - we find no racial differences in either the raw data or when contextual factors are taken into account. We argue that the patterns in the data are consistent with a model in which police officers are utility maximizers, a fraction of which have a preference for discrimination, who incur relatively high expected costs of officer-involved shootings. Details: Cambridge, MA: National Bureau of Economic Research, 2016. 63p. Source: Internet Resource: NBER Working Paper Series, no. 22399: Accessed July 11, 2016 at: http://www.nber.org/papers/w22399.pdf Year: 2016 Country: United States URL: http://www.nber.org/papers/w22399.pdf Shelf Number: 139612 Keywords: Non-Lethal Weapons Officer-Involved Shootings Police Deadly Force Police Use of Force Racial Disparities Stun Guns

Author: Ragany, Meghan Title: Racial Disparity in Marijuana Policing in New Orleans Summary: In national research, self-reported marijuana use is similar across races, but in New Orleans, black people are disproportionately arrested for marijuana offenses, including simple possession. In recent years, some states have legalized marijuana, while the consequences for marijuana possession in Louisiana remain severe-under state law, repeated convictions for simple possession are punishable by multi-year prison sentences. This report illuminates through quantitative analysis the persistent racial disparities in marijuana policing from 2010 - 2015 and discusses the impacts of statutory and policy reforms the city has implemented to date. We are hopeful that these findings will guide state and local policymakers toward further improvements to lessen the harm even seemingly minor police encounters inflict on black communities, and inspire other jurisdictions to examine their own practices. Details: New Orleans: Vera Institute of Justice, 2016. 24p. Source: Internet Resource: Accessed July 21, 2016 at: https://storage.googleapis.com/vera-web-assets/downloads/Publications/racial-disparity-in-marijuana-policing-in-new-orleans/legacy_downloads/Racial-Disparity-Marijuana-Policing-Report-Web-July-2016.pdf Year: 2016 Country: United States URL: https://storage.googleapis.com/vera-web-assets/downloads/Publications/racial-disparity-in-marijuana-policing-in-new-orleans/legacy_downloads/Racial-Disparity-Marijuana-Policing-Report-Web-July-2016.pdf Shelf Number: 139756 Keywords: Drug Enforcement Marijuana Racial Disparities Racial Profiling in Law Enforcement

Author: Fagan, Jeffrey Title: An Analysis of Race and Ethnicity Patterns in Boston Police Department Field Interrogation, Observation, Frisk, and/or Search Reports Summary: The research findings presented in this report represent an independent inquiry into possible racial disparities in Boston Police Department Field Interrogation, Observation, Frisk, and/or Search practices (informally known as FIO reports). This inquiry was conducted at the request of the Boston Police Department and the American Civilian Liberties Union of Massachusetts and spans the years 2007-10. This report summarizes the methods and research findings of the independent research enterprise. Key research findings include: - The yearly number of FIO reports made by the BPD has steadily decreased in recent years. Between 2008 and 2013, the number of FIO reports made by the BPD decreased by almost 42% (from 55,684 to 32,463). This study focused on N=204,739 FIOs made by BPD officers between 2007 and 2010. - Controlling for a variety of factors including race of residents, the logged number of crimes in Boston neighborhoods was the strongest predictor of the amount of FIO activity in Boston neighborhoods. However, the analyses revealed that the percentage of Black and Hispanic residents in Boston neighborhoods were also significant predictors of increased FIO activity after controlling for crime and other social factors. These racial disparities generate increased numbers of FIO reports in minority neighborhoods above the rate that would be predicted by crime alone. For instance, a neighborhood with 85 percent Black residents would experience approximately 53 additional FIO reports per month compared to an "average" Boston neighborhood. - FIO activity was concentrated on repeated interactions with a relatively small number of people. Roughly 5 percent of the N=72,619 unique individuals subjected to FIO encounters accounted for more than 40 percent of the total number of FIO reports made during the study time period. 67.5 percent of the FIO subjects only experienced one FIO and, as a group, accounted for 24.6 percent of the total number of FIO reports made by BPD officers during the study time period. - Gang membership and prior arrest histories were significant predictors of (a) repeated FIO reports of the same subject and (b) whether subjects were frisked / searched during an FIO encounter. These effects were present after controlling for age, sex, and race. In addition, Black subjects experienced 8 percent higher numbers of repeat FIOs and were roughly 12 percent more likely to be frisked / searched during an FIO encounter, controlling for prior criminal history, gang membership, and other factors. - FIO reports were also concentrated among a small number of very active BPD officers. Roughly 4 percent of N=2,349 BPD officers made over 43 percent of the FIOs during the study time period. Youth Violence Strike Force officers (informally known as the "gang unit") were associated with the highest numbers of FIO reports. During the study period, nearly 26 percent of BPD officers did not file a single FIO report. These officers were primarily assigned to administrative positions or were on leave for significant portions of the study time period. - White BPD officers made significantly higher numbers of FIO reports during the study time period relative to Black and Asian officers. White BPD officers also were more likely to frisk / search subjects during FIO encounters relative to minority officers. However, white officers did not seem to discriminate by subject race and ethnicity. Also, White officers made elevated numbers of FIO reports and were more likely to frisk and search during FIO encounters for subjects of all races and ethnicities. However, within suspect race categories, Black officers were less likely to FIO or frisk White or Black suspects than were White officers. - These analyses revealed racially disparate treatment of minority persons in BPD FIO activity. However, we cannot determine whether the identified patterns were generated by bias or other sources of racial discrimination in BPD FIO practices. Further research is necessary to understand the factors and processes that influence the observed disparities. Details: Boston: Boston Police Department, 2015. 32p. Source: Internet Resource: Accessed July 21, 2016 at: https://s3.amazonaws.com/s3.documentcloud.org/documents/2158964/full-boston-police-analysis-on-race-and-ethnicity.pdf Year: 2015 Country: United States URL: https://s3.amazonaws.com/s3.documentcloud.org/documents/2158964/full-boston-police-analysis-on-race-and-ethnicity.pdf Shelf Number: 139758 Keywords: Police Legitimacy Racial Disparities Racial Profiling in Law Enforcement Stop and Search

Author: Seguino, Stephanie Title: Racial/Ethnic Disparities in Traffic Stops: Analysis of Vermont State Police Data, 2010-11 Summary: Concerns about racial profiling and racial disparities in policing have drawn the attention of Vermonters in recent years, particularly as the state has become more racially and ethnically diverse. A number of jurisdictions in Vermont have voluntarily2 moved to collect race data in traffic stops, including the Vermont State Police (VSP). This paper reports the results of an analysis of the VSP's first year of race data on traffic stops, arrests, and searches for the period July 2010 through June 2011. The results are compared to those reported in McDevitt and Posick (2011). The main innovation of this study is that it examines racial differences in outcomes for each minority group relative to Whites, while the previous study combined all minorities into one group for comparison to White drivers. As a result the analyses and conclusions drawn differ, with this study finding much more robust evidence of racial disparities in policing, particularly for Blacks and Hispanics. Details: Unpublished report, 2014. 11p. Source: Internet Resource: Accessed July 21, 2016 at: https://acluvt.org/issues/profiling/vsp_rpt_re-exam.pdf Year: 2014 Country: United States URL: https://acluvt.org/issues/profiling/vsp_rpt_re-exam.pdf Shelf Number: 139783 Keywords: Racial Disparities Racial Profiling in Law Enforcement Stop and Search

Author: Taylor, Alyssa Title: The Influence of Target Race on Split-Second Shooting Decisions in Simulated Scenarios: A Canadian Perspective Summary: Research in the U.S. has indicated that community members often show a negative Black bias when deciding to "shoot" Black versus White targets in simulated shooting tasks, but police officers often fail to show this bias. Three studies were conducted using a shooting task similar to the task used in previous research to examine whether this Black bias was present in the shoot/don't shoot decisions of Canadian participants. In addition, factors that were likely to increase or decrease the degree of racial bias in such decisions were examined. Study 1 (n = 146) found that samples of students, police recruits, and police officers displayed a White bias rather than a Black bias in their shoot/don't shoot decisions. Study 1b {n = 74) indicated that this finding was not attributable to the specific instructions provided to participants before they made their shoot/don't shoot decisions,which differed slightly from previous research, in that the purpose of the research was more salient. Study 2 (n = 130) introduced scenes that varied by complexity to students, police recruits, and police officers. As expected, and consistent with Study 1, this study demonstrated that a White bias existed in the shooting decisions of participants and that this bias was exacerbated under conditions of high complexity. Finally, Study 3 (n = 120) demonstrated that student participants exhibited a White shooting bias even when attempts were made to reduce the bias using an implementation intention training technique, which has been shown to reduce racial biases in previous studies. The theoretical and practical implications of this research are discussed, focusing primarily on potential reasons for the White shooting bias and what the bias might mean for use of force training. Directions for future research are also suggested Details: Ottawa, ONT: Carleton University, 2011. 231p. Source: Internet Resource: Dissertation: Accessed July 23, 2016 at: https://curve.carleton.ca/c743202a-4e63-4a3d-8577-a7f11818587d Year: 2011 Country: Canada URL: https://curve.carleton.ca/c743202a-4e63-4a3d-8577-a7f11818587d Shelf Number: 139806 Keywords: Deadly Force Police Shootings Police Training Police Use of Force Racial Disparities

Author: Fair Punishment Project Title: Too Broken to Fix: Part 1. An In-depth Look at America's Outlier Death Penalty Counties Summary: This report offers an in-depth look at how the death penalty is operating in the small handful of counties across the country that are still using it. Of the 3,143 county or county equivalents in the United States, only 16 - or one half of one percent - imposed five or more death sentences between 2010 and 2015. Part I of the report, titled Too Broken to Fix: An In-depth Look at America's Outlier Death Penalty Counties, examined 10 years of court opinions and records from eight of these 16 "outlier counties," including Caddo Parish (LA), Clark (NV), Duval (FL), Harris (TX), Maricopa (AZ), Mobile (AL), Kern (CA) and Riverside (CA). The report also analyzed all of the new death sentences handed down in these counties since 2010. The report notes that these "outlier counties" are plagued by persistent problems of overzealous prosecutors, ineffective defense lawyers, and racial bias. Researchers found that the impact of these systemic problems included the conviction of innocent people, and the excessively harsh punishment of people with significant impairments. The report notes that many of the defendants appear to have one or more impairments that are on par with, or worse than, those that the U.S. Supreme Court has said should categorically exempt individuals from execution due to lessened culpability. The Court previously found that individuals with intellectual disabilities (Atkins v. Virginia, 2002) and juveniles under the age of 18 (Roper v. Simmons, 2005) should not be subject to the death penalty under the Eighth Amendment. In conducting its analysis, the we reviewed more than 200 direct appeals opinions handed down between 2006 and 2015 in these eight counties. We found: - Sixty percent of cases involved defendants with significant mental impairments or other forms of mitigation. - Eighteen percent of cases involved a defendant who was under the age of 21 at the time of the offense. In Riverside County, 16 percent of the defendants were age 18 at the time of the offense. - Forty-four percent of cases involved a defendant who had an intellectual disability, brain damage, or severe mental illness. In four of the counties, half or more of the defendants had mental impairments: Maricopa (62 percent), Mobile (60 percent), Caddo Parish (57 percent), and Kern (50 percent). - Approximately one in seven cases involved a finding of prosecutorial misconduct. Maricopa and Clark counties had misconduct in 21 percent and 47 percent of cases respectively. - Bad lawyering was a persistent problem across all of the counties. In most of the counties, the average mitigation presentation at the penalty phase of the trial, in which the defense lawyer is supposed to present all of the evidence showing that the defendant's life should be spared - including testimony from mental health and other experts, lasted approximately one day. While this is just one data point for determining the quality of legal representation, this finding reveals appalling inadequacies. In Duval County, Florida, the entire penalty phase of the trial and the jury verdict often came in the same day. - A relatively small group of defense lawyers represented a substantial number of the individuals who ended up on death row. In Kern County, one lawyer represented half of the individuals who ended up on death row between 2010 and 2015. Additional findings: - Five of the eight counties had at least one person exonerated from death row since 1976. Harris County has had three death row exonerations, and Maricopa has had five. - Out of all of the death sentences obtained in these counties between 2010 and 2015, 41 percent were given to African-American defendants, and 69 percent were given to people of color. In Duval, 87 percent of defendants were Black in this period. In Harris, 100 percent of the defendants who were newly sentenced to death since November 2004 have been people of color. - The race of the victim is also a significant factor in who is sentenced to death in many of these counties. In Mobile County, 67 percent of the Black defendants, and 88% of all defendants, who were sentenced to death were convicted of killing white victims. In Clark County, 71 percent of all of the victims were white in cases resulting in a death sentence. The report noted just three white defendants sentenced to death for killing Black victims between 2010 and 2015. One of those cases was from Riverside, and in that case the defendant was also convicted of killing two additional white victims. The two other cases were from Duval. - Five of the 16 "outlier counties" are from Florida and Alabama, the only two states that currently allow non-unanimous jury verdicts. In Duval, 88 percent of the decisions in the review period were non-unanimous, and in Mobile the figure was 80 percent. Details: s.l.: Fair Punishment Project, 2016. 55p. Source: Internet Resource: Accessed August 27, 2016 at: http://fairpunishment.org/wp-content/uploads/2016/08/FPP-TooBroken.pdf Year: 2016 Country: United States URL: http://fairpunishment.org/wp-content/uploads/2016/08/FPP-TooBroken.pdf Shelf Number: 140054 Keywords: Capital Punishment Death Penalty Prosecutors Racial Disparities Sentencing Wrongful Convictions

Author: Equality and Human Rights Commission Title: Healing a Divided Britain: The need for a comprehensive race equality strategy Summary: This report represents the biggest ever review into race inequality in Great Britain, providing a comprehensive analysis on whether our society lives up to its promise to be fair to all its citizens. It looks across every area of people's lives including education, employment, housing, pay and living standards, health, criminal justice, and participation. It examines where we are making progress, where we are stalling and where we are going backwards or falling short. Details: London: The Commission, 2016. Source: Internet Resource: Accessed September 2, 2016 at: https://www.equalityhumanrights.com/sites/default/files/healing_a_divided_britain_-_the_need_for_a_comprehensive_race_equality_strategy_final.pdf Year: 2016 Country: United Kingdom URL: https://www.equalityhumanrights.com/sites/default/files/healing_a_divided_britain_-_the_need_for_a_comprehensive_race_equality_strategy_final.pdf Shelf Number: 140123 Keywords: Race and Crime Race and Inequality Racial Bias Racial Disparities

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: Bias Discrimination Racial Bias Racial Discrimination Racial Disparities

Author: Cohen, Cathy J. Title: Gun Violence, Policing, and Young Communities of Color Summary: The recent police shootings of Alton Sterling and Philando Castile and the mass shooting at Pulse nightclub in Orlando have received international attention and prompted national discussion on the issue of gun violence. Young people - and particularly young people of color - have been at the center of this conversation. Most of the Pulse victims were Latino/a, and #BlackLivesMatter activists have organized around the country in response to police killings of people of color with Sterling and Castile as only the most recent examples in a long list that includes Tanisha Anderson, Tamir Rice, and Michael Brown. It should come as no surprise that young people of color are leading the response to recent instances of gun violence. Young people do not all experience gun violence at the same rate nor do they feel its consequences evenly. Our research on young adults between the ages of 18 and 29 years old highlights the very different experiences young people have with guns, gun violence, and policing across racial and ethnic groups. Details: Chicago: Black Youth Project, University of Chicago Center for the Study of Race, Politics and Culture, 2016. 9p. Source: Internet Resource: Accessed September 20, 2016 at: http://raceandpolicing.issuelab.org/resources/25201/25201.pdf Year: 2016 Country: United States URL: http://raceandpolicing.issuelab.org/resources/25201/25201.pdf Shelf Number: 145622 Keywords: Gun Violence Gun-Related Violence Guns Racial Disparities

Author: Goff, Phillip Atiba Title: The Science of Justice: Race, Arrests, and Police Use of Force Summary: Despite the importance of understanding how race intersects with police use of force, little research has used police administrative data to investigate whether or not disparities exist. Because the dominant narrative around race and law enforcement is that crime rates drive police behavior, we used data from the National Justice Database - the Center for Policing Equity's project to provide national-level data and analyses on police behavior - to investigate racial disparities in use of force benchmarking against demographics of local arrest rates. Even though this is a conservative estimate of bias, the analyses of 12 law enforcement departments from geographically and demographically diverse locations revealed that racial disparities in police use of force persist even when controlling for racial distribution of local arrest rates. Additionally, multiple participating departments still demonstrated racial disparities when force incidents were bench-marked exclusively against Part I violent arrests, such that Black residents were still more likely than Whites to be targeted for force. This method is very likely prone to underestimate racial disparities because African Americans are over-represented in violent crime arrests but Part I violent crimes constitute only 1/24th of all arrests nationally (BJS, 2012), and previous research has found arrests for violent crimes to involve police use of force only 1.3 times as often as arrests for all other crimes (Worden, 1995). These disparities were robust across multiple categories of force (hand weapon, OC spray, and Tasers). In addition to these findings and consistent with previous literature, Taser usage represented a large percentage of departments' use of force. Specifically, residents who were targeted for force were far more likely to be targeted by Tasers than by deadly weapons. While previous research has demonstrated the stark rise of Taser usage (Taylor et al., 2011) and its potential to reduce injuries (Alpert et al., 2011), the relatively high incidence of Taser usage relative to all other categories (it was the second most common category across all departments trailing only hand/body weapons) deserves significantly more public and scholarly attention given that Tasers are also the category closest to use of deadly force in most use of force continuums. It is important to be cautious about overgeneralizing these results because of the relatively small number of departments and because we do not know very much about what residents did during the interactions that turned forceful. However, the narrative that crime is the primary driver of racial disparities is not supported within the context of these departments. This suggests that scholars and practitioners should look at racial disparities in other situational factors (e.g., resistance, drug and alcohol use, and officer perceptions of dangerousness) to determine whether or not they explain racial disparities in force. Details: Los Angeles: Center for Policing Equity, 2016. 29p. Source: Internet Resource: Accessed September 20, 2016 at: http://policingequity.org/wp-content/uploads/2016/07/CPE_SoJ_Race-Arrests-UoF_2016-07-08-1130.pdf Year: 2016 Country: United States URL: http://policingequity.org/wp-content/uploads/2016/07/CPE_SoJ_Race-Arrests-UoF_2016-07-08-1130.pdf Shelf Number: 140377 Keywords: Police Behavior Police Use of Force Racial Disparities Stun Guns Tasers Use of Non-Lethal Force

Author: Hug, Aziz Z. Title: The Consequences of Disparate Policing: Evaluating Stop-And Frisk as a Modality of Urban Policing Summary: Beginning in the 1990s, police departments in major American cities started aggressively deploying pedestrian stops and frisks in response to escalating violent crime rates. Today, high-volume use of "stop, question and frisk," or "SQF," is an acute point of friction between urban police and minority residents. In numerous cities, recent consent decrees or settlements have imposed Fourth Amendment and Equal Protections constraints on police. But do these constitutional rules adequately respond to the harms of SQF? This Article argues that the core moral objection to SQF does not track the Constitution's focus upon the evidentiary sufficiency of stops or the racial animus of individual officers. I develop instead a new account of the distinctive wrong of aggressive street policing that is not contingent on individual animus or fault. This alternative account turns on the manner in which such policing can reproduce social and racial stratification. To substantiate this, I present a detailed analysis of the costs and benefits of SQF, with careful attention to its ecological spillovers and dynamic, intergenerational effects. Having explained why constitutional law, given its narrow transactional frame, is disarmed from an effective response, I present the alternative lens that is constitutionally and legally available for diagnosing harmful forms of urban street policing. This draws from the disparate impact framework of Title VI of the 1964 Civil Rights Act and certain states' laws. While an imprecise fit, disparate impact is legally feasible and readily available. To show that it is workable, I sketch three lines of econometric analysis capable of identifying an especially troubling subclass of racial disparate impacts in urban street policing. Details: Chicago: University of Chicago Law School, 2016. 55p. Source: Internet Resource: U of Chicago, Public Law Working Paper : Accessed October 8, 2016 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2845540 Year: 2016 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2845540 Shelf Number: 145104 Keywords: Racial Disparities Racial Profiling in Policing Stop and Frisk Stop and Search

Author: Coviello, Decio Title: An Economic Analysis of Black-White Disparities in NYPD's Stop and Frisk Program Summary: A model is introduced to explore the identification of two distinct sources of police bias in NYPD's "stop and frisk program:" bias at the level of the police officer making the stop decisions, and bias at the level of the police chief allocating manpower across precincts. Ten years of data from NYPD's "stop and frisk program" are analyzed in light of this theoretical framework. White pedestrians are found to be slightly less likely than African-American pedestrians to be arrested conditional on being stopped. We interpret this finding as evidence that the officers making the stops are on average not biased against African Americans relative to whites, because the latter are being stopped despite being a "less productive stop" for a police officer. We find suggestive evidence of police bias in the frisk decision. Further research is needed. Details: Unpublished paper, 2015. 54p. Source: Internet Resource: Accessed October 12, 2016 at: http://nicolapersico.com/files/stopfrisk.pdf Year: 2015 Country: United States URL: http://nicolapersico.com/files/stopfrisk.pdf Shelf Number: 127656 Keywords: Racial Biase Racial Disparities Racial Profiling in Law Enforcement Stop and Frisk

Author: Fair Punishment Project Title: Too Broken to Fix: Part II An In-depth Look at America's Outlier Death Penalty Counties Summary: The two-part report titled Too Broken to Fix: An In-depth Look at America's Outlier Death Penalty Counties, examined 10 years of court opinions and records from these 16 "outlier counties." Part II focuses on Dallas (TX), Jefferson (AL), Pinellas (FL), Miami-Dade (FL), Hillsborough (FL), Los Angeles (CA), San Bernardino (CA), and Orange (CA). Part I, which was released in August, looked at Caddo Parish (LA), Clark (NV), Duval (FL), Harris (TX), Maricopa (AZ), Mobile (AL), Kern (CA) and Riverside (CA). The report also analyzed all of the new death sentences handed down in these counties since 2010. The report notes that these "outlier counties" are plagued by persistent problems of overzealous prosecutors, ineffective defense lawyers, and racial bias. Researchers found that the impact of these systemic problems included the conviction of innocent people, and the excessively harsh punishment of people with significant impairments. Many of the defendants appear to have one or more impairments that are on par with, or worse than, those that the U.S. Supreme Court has said should categorically exempt individuals from execution due to lessened culpability. The Court previously found that individuals with intellectual disabilities (Atkins v. Virginia, 2002) and juveniles under the age of 18 (Roper v. Simmons, 2005) should not be subject to the death penalty under the Eighth Amendment. In conducting its analysis, the Project reviewed nearly 400 direct appeals opinions handed down between 2006 and 2015 in these 16 counties. The Project found: Fifty-six percent of cases involved defendants with significant mental impairments or other forms of mitigation, such as the defendant's young age. Approximately one out of every six cases involved a defendant who was under the age of 21 at the time of the offense. Forty percent of cases involved a defendant who had an intellectual disability, brain damage, or severe mental illness. In eight of the 16 counties, half or more of the defendants had mental impairments, including: Pinellas (67 percent), Maricopa (62 percent), Mobile (60 percent), Caddo Parish and Miami-Dade (both had 57 percent), and Kern, Hillsborough, and San Bernardino counties (each had 50 percent). Approximately one in ten cases involved a finding of prosecutorial misconduct. The counties with the highest rates of misconduct include: Maricopa (47 percent), Miami-Dade (29 percent), and Clark (21 percent). Bad lawyering was a persistent problem across all of the counties. In most of the counties, the average mitigation presentation at the penalty phase of the trial lasted less than one and half days. During the mitigation phase, the defense lawyer is supposed to present all of the evidence showing that the defendant's life should be spared - including testimony from mental health and other experts. This presentation can last several weeks if the lawyers prepare properly. While this is just one data point for determining the quality of legal representation, this finding reveals appalling inadequacies. This type of mitigation evidence can also be used pre-trial to negotiate a plea agreement. Additional findings: Ten of the 16 counties had at least one person released from death row since 1976. These 10 counties account for more than 10 percent of all death row exonerations nationwide. Out of all of the death sentences obtained in these counties between 2010 and 2015, 46 percent were given to African-American defendants, and 73 percent were given to people of color. In Jefferson, 100 percent of defendants sentenced to die between 2010 and 2015 were African-American. In Duval that figure was 87 percent and in Dallas it was 88 percent. In Harris, 100 percent of the defendants who were newly sentenced to death since November 2004 have been people of color. The race of the victim is also a significant factor in who is sentenced to death in many of these counties. The report noted that in 14 of the 16 counties, not a single white person received a death sentence for killing a Black person. In contrast, in 14 out of 16 counties, at least one Black person was sentenced to death for the killing of a white person. In Orange County 60 percent of the victims were white in the cases involving a Black defendant, even though research has shown that the vast majority of homicides are committed intra-race. Five of the 16 "outlier counties" are from Florida and Alabama, the only two states that currently allow non-unanimous jury verdicts. Just eight out of 71 cases we reviewed from these five counties had a unanimous jury verdict; 89 percent were non-unanimous. Details: s.l.: Fair Punishment Project, 2016. 54p. Source: Internet Resource: Accessed October 13, 2016 at: http://fairpunishment.org/wp-content/uploads/2016/10/FPP-TooBroken_II.pdf Year: 2016 Country: United States URL: http://fairpunishment.org/wp-content/uploads/2016/10/FPP-TooBroken_II.pdf Shelf Number: 145086 Keywords: Capital Punishment Death Penalty Public Opinion Racial Disparities Wrongful Conviction

Author: Baumgartner, Frank R. Title: Race-Of-Victim Discrepancies in Homicides and Executions, Louisiana 1976-2015 Summary: Black male victims comprise 61% of homicide victims in present day Louisiana, yet their killers have been executed in only 3 cases out of 12,949 homicides since Gregg v Georgia reinstated the death penalty in 1976, less than 6 percent of the execution rate for killers of all other victims, and 1/48th the execution rate for the killers of white women. A thorough analysis of Louisiana's homicides and a complete review of its history of executions, using FBI statistics and the Espy File of national executions, reveals that the ultimate punishment has long been reserved for crimes other than killing black men. New here is the compilation and analysis of a complete database of all 241 Louisiana post-Gregg death verdict cases, including their 316 victims. In these cases, 80% of the victims are people other than black males. Details: Unpublished paper, 2015. 10p. Source: Internet Resource: Accessed October 17, 2016 at: https://www.unc.edu/~fbaum/articles/Louisiana-RaceOfVictim-LJPIL-Fall2015.pdf Year: 2015 Country: United States URL: https://www.unc.edu/~fbaum/articles/Louisiana-RaceOfVictim-LJPIL-Fall2015.pdf Shelf Number: 140783 Keywords: Capital Punishment Death Penalty Executions Homicides Racial Disparities

Author: Uggen, Christopher Title: 6 Million Lost Voters: State-Level Estimates of Felony Disenfranchisement, 2016 Summary: In this election year, the question of voting restrictions is once again receiving great public attention. This report is intended to update and expand our previous work on the scope and distribution of felony disenfranchisement in the United States (see Uggen, Shannon, and Manza 2012; Uggen and Manza 2002; Manza and Uggen 2006). The numbers presented here represent our best assessment of the state of felony disenfranchisement as of the November 2016 election. Our key findings include the following: - As of 2016, an estimated 6.1 million people are disenfranchised due to a felony conviction, a figure that has escalated dramatically in recent decades as the population under criminal justice supervision has increased. There were an estimated 1.17 million people disenfranchised in 1976, 3.34 million in 1996, and 5.85 million in 2010. - Approximately 2.5 percent of the total U.S. voting age population - 1 of every 40 adults - is disenfranchised due to a current or previous felony conviction. - Individuals who have completed their sentences in the twelve states that disenfranchise people post-sentence make up over 50 percent of the entire disenfranchised population, totaling almost 3.1 million people. - Rates of disenfranchisement vary dramatically by state due to broad variations in voting prohibitions. In six states - Alabama, Florida, Kentucky, Mississippi, Tennessee, and Virginia - more than 7 percent of the adult population is disenfranchised. - The state of Florida alone accounts for more than a quarter (27 percent) of the disenfranchised population nationally, and its nearly 1.5 million individuals disenfranchised post-sentence account for nearly half (48 percent) of the national total. - One in 13 African Americans of voting age is disenfranchised, a rate more than four times greater than that of non-African Americans. Over 7.4 percent of the adult African American population is disenfranchised compared to 1.8 percent of the non-African American population. - African American disenfranchisement rates also vary significantly by state. In four states - Florida (21 percent), Kentucky (26 percent), Tennessee (21 percent), and Virginia (22 percent) - more than one in five African Americans is disenfranchised. Details: Washington, DC: The Sentencing Project, 2016. 20p. Source: Internet Resource: Accessed October 24, 2016 at: http://www.sentencingproject.org/publications/6-million-lost-voters-state-level-estimates-felony-disenfranchisement-2016/ Year: 2016 Country: United States URL: http://www.sentencingproject.org/publications/6-million-lost-voters-state-level-estimates-felony-disenfranchisement-2016/ Shelf Number: 140825 Keywords: Collateral Consequences Ex-Offenders Felony Disenfranchisement Felony Offenders Racial Disparities Voting Rights

Author: Goff, Phillip Atiba Title: The Science of Policing Equity: Measuring Fairness in the Austin Police Department Summary: This report represents a partnership between Urban and the Center for Policing Equity's National Justice Database, in collaboration with the White House's Police Data Initiative. The report analyzes publicly available data in 2015 vehicle stops and 2014 use of force incidents on the part of the Austin Police Department. Findings indicate that even when controlling for neighborhood levels of crime, education, home-ownership, income, youth, and unemployment, racial disparities still exist in both use and severity of force. We also document that APD has a high level of transparency, and the analysis demonstrates the value of that democratization of police department data in examining whether community-level explanations are sufficient to explain observed racial disparities. Details: Washington, DC: Urban Institute, 2016. 18p. Source: Internet Resource: Accessed November 8, 2016 at: http://www.urban.org/sites/default/files/publication/85096/the-science-of-policing-equity_2.pdf Year: 2016 Country: United States URL: http://www.urban.org/sites/default/files/publication/85096/the-science-of-policing-equity_2.pdf Shelf Number: 141035 Keywords: Police Behavior Police Effectiveness Police Integrity Police Legitimacy Racial Disparities Racial Profiling in Law Enforcement Stop and Search

Author: Nellis, Ashley Title: The Color of Justice: Racial and Ethnic Disparity in State Prisons Summary: Growing awareness of America's failed experiment with mass incarceration has prompted changes at the state and federal level that aim to reduce the scale of imprisonment. Lawmakers and practitioners are proposing "smart on crime" approaches to public safety that favor alternatives to incarceration and reduce odds of recidivism. As a result of strategic reforms across the criminal justice spectrum, combined with steadily declining crime rates since the mid-1990s, prison populations have begun to stabilize and even decline slightly after decades of unprecedented growth. In states such as New Jersey, New York, Rhode Island, and California, prison depopulation has been substantial, declining by 20-30%. Still, America maintains its distinction as the world leader in its use of incarceration, including more than 1.3 million people held in state prisons around the country. At the same time of productive bipartisan discussions about improving criminal justice policies and reducing prison populations, the U.S. continues to grapple with troubling racial tensions. The focus of most recent concern lies in regular reports of police brutality against people of color, some of which have resulted in deaths of black men by law enforcement officers after little or no apparent provocation. Truly meaningful reforms to the criminal justice system cannot be accomplished without acknowledgement of racial and ethnic disparities in the prison system, and focused attention on reduction of disparities. Since the majority of people in prison are sentenced at the state level rather than the federal level, it is critical to understand the variation in racial and ethnic composition across states, and the policies and the day-to-day practices that contribute to this variance. Incarceration creates a host of collateral consequences that include restricted employment prospects, housing instability, family disruption, stigma, and disenfranchisement. These consequences set individuals back by imposing new punishments after prison. Collateral consequences are felt disproportionately by people of color, and because of concentrations of poverty and imprisonment in certain jurisdictions, it is now the case that entire communities experience these negative effects. Evidence suggests that some individuals are incarcerated not solely because of their crime, but because of racially disparate policies, beliefs, and practices, rendering these collateral consequences all the more troubling. An unwarranted level of incarceration that worsens racial disparities is problematic not only for the impacted group, but for society as whole, weakening the justice system's potential and undermining perceptions of justice. Details: Washington, DC: The Sentencing Project, 2016. 35p. Source: Internet Resource: Accessed November 10, 2016 at: http://www.sentencingproject.org/wp-content/uploads/2016/06/The-Color-of-Justice-Racial-and-Ethnic-Disparity-in-State-Prisons.pdf Year: 2016 Country: United States URL: http://www.sentencingproject.org/wp-content/uploads/2016/06/The-Color-of-Justice-Racial-and-Ethnic-Disparity-in-State-Prisons.pdf Shelf Number: 146680 Keywords: Ethnic Disparities Prison Population Prisoners Racial Disparities

Author: Taliaferro, Wayne Title: From Incarceration to Reentry: A Look at Trends, Gaps, and Opportunities in Correctional Education and Training Summary: With record levels of men and women incarcerated—totalling 2.2 million—the United States places more people in prison at a higher rate than any other developed nation. That total also represents 20 percent of the world's prison population, which is disproportionately high considering that the U.S. makes up less than 5 percent of the world’s population. For low-income communities, the disparities are even more alarming. In 2014, the median annual income for people prior to incarceration was less than $20,000. Furthermore, Blacks and Latinos, who are disproportionately impacted by poverty, also have the highest rates of imprisonment and account for more than half of all prisoners. However, the context surrounding this crisis tells a much larger story, which is partly rooted in educational inequities. More than two-thirds of state prison inmates do not have a high school diploma. The roots of these disparities are complex. Pipelines to prison have historically been concentrated in low-income communities of color. From an early age, many youth in these spatially segregated communities experience economic and environmental injustices, underfunded and under-resourced schools, harsh school discipline policies, and exposure to crime and violence in ways that create diminished opportunities for economic and educational mobility. These realities are a deeper reflection of historic and present injustices ingrained in larger systems of governance. The criminal justice system often reinforces these embedded structures of inequality. Over-criminalization, implicit bias, harsh sentencing policies, and judicial and prosecutorial discretion disproportionately affect Black and Latino communities, having directly shaped the system of mass incarceration we know today. Together, these disparities create conditions of enhanced susceptibility to criminal justice system involvement for people of color that can be characterized as targeted and concentrated more than anything else. Although mass incarceration does not solely affect communities of color, they experience inequitable impacts from its pervasively harsh outcomes. Similarly, people of color suffer disproportionately from the collateral consequences imposed on individuals with a criminal record who return to society after serving their time in prison. Collateral and systemic barriers, such as disenfranchisement, legalized discrimination in housing and public benefits access, and biases in hiring, along with impediments to educational opportunities, make it especially difficult for returning citizens to gain employment, stability, and an overall fair chance upon reentry. These diminished economic opportunities contribute to the cycle of recidivism, resulting in three-quarters of returning citizens re-offending within five years. Taking this entire context into account, this report examines correctional education, as it is a critical aspect of the complex mass incarceration system that can make a real difference in reversing this vicious cycle. While correctional education and training is by no means a panacea for the grave injustices of this system, it can play an important role in improving the educational and employment trajectories of the returning citizens who face greatly restricted opportunities to participate in our economic mainstream.While the quality and accessibility of correctional education and training opportunities vary largely across states, as does the consistency of accessible and well-articulated education and training opportunities for returning citizens upon release, there is room for significant innovation and improvement. Doing so will require reforms across multiple systems to address these disparities. With that in mind, we focus on the state of correctional education funding streams, program offerings, and the continuum of education and training opportunities upon release. Details: Washington, DC: CLASP, 2016. 25p. Source: Internet Resource: Accessed November 14, 2016 at: http://www.clasp.org/resources-and-publications/publication-1/2016.10.27_fromincarcerationtoreentry.pdf Year: 2016 Country: United States URL: http://www.clasp.org/resources-and-publications/publication-1/2016.10.27_fromincarcerationtoreentry.pdf Shelf Number: 146973 Keywords: Correctional Education Prisoner Reentry Prisoner Rehabilitation Racial Disparities Vocational Education and Training

Author: Spinney, Elizabeth Title: Case Studies of Nine Jurisdictions that Reduced Disproportionate Minority Contact in their Juvenile Justice Systems Summary: ACROSS THE UNITED STATES, youths of color are more likely than their white peers to be arrested and referred to juvenile court. After becoming involved in the juvenile justice system, they are also more likely to go deeper into the system, resulting in a higher likelihood of secure detainment, confinement, and transfer to adult court. Minority youths are also less likely to be diverted from court. This phenomenon, known as disproportionate minority contact (DMC), has been recognized for decades as a deep-rooted problem in the juvenile justice system. All states are required to address DMC to stay in compliance with the federal Juvenile Justice and Delinquency Prevention Act (JJDPA). The Office of Juvenile Justice and Delinquency Prevention (OJJDP) tracks compliance with this JJDPA requirement. In 2005, OJJDP began requiring states to input data on the flow of youths at nine points in their juvenile justice systems into a Web-based data entry system. Until now, there has been no methodical national analysis of these data. This study is the first to systematically review the data in OJJDP’s database, to identify sites that have been able to reduce DMC over an extended period of time, and to gather information on the strategies used in those successful sites. At the start of this study, OJJDP’s Web-based data entry system had reports from nearly 1,500 jurisdictions across the United States. The top 20 jurisdictions with reductions in racial disparities for five of OJJDP’s nine juvenile justice stages (referral, diversion, detention, confinement, and transfer) were selected for further study. After analyzing data trends, gathering information from state Juvenile Justice Specialists and DMC Coordinators, interviewing stakeholders and decision-makers in jurisdictions of interest, presenting findings during meetings and conferences, receiving input from OJJDP, and meeting with our Advisory Committee, nine jurisdictions were selected for case studies. Five of the nine jurisdictions reduced DMC at arrest or referral to court, three jurisdictions reduced DMC at diversion, four jurisdictions reduced DMC at detention, and two jurisdictions reduced DMC at secure confinement. Eight of the jurisdictions reduced DMC for African American youth, eight jurisdictions reduced DMC for Hispanic youth, and two jurisdictions reduced DMC for Native American youth. The nine jurisdictions selected as case study sites were 1) Bernalillo County, N.M., 2) Clark County, Nev., 3) the state of Connecticut, 4) Essex County, N.J., 5) Hillsborough County, N.H., 6) Montgomery County, Ala., 7) Philadelphia, Pa., 8) Tulsa County, Okla., and 9) Utah County, Utah. These nine case study sites represent a diverse group of jurisdictions both geographically and demographically. The smallest jurisdiction by population was Montgomery County, Ala., which had fewer than 250,000 residents, and the largest jurisdiction was the state of Connecticut, which had more than 3.5 million residents. Some of the sites, such as Utah County, Utah, and Bernalillo County, N.M., were gaining youth population while others, such as Philadelphia, Pa., were losing youth population. The portion of youth population ages 10–17 that was minority ranged from 15 percent in Hillsborough County, N.H., to 78 percent in Philadelphia. The poverty rates for children and youth also varied significantly among the nine sites. Although the selected sites had numerous differences, interviewees often pointed to similar strategies that they felt were responsible for reducing racial disparities in their systems. The eight most-noted strategies were 1. Focusing on data collection and utilization 2. Increasing collaboration with other state and local agencies, police, judges, and the community 3. Changing the institutional culture away from a punitive or procedural focus toward a focus on what was best for the youth and the community 4. Affiliating with national juvenile justice reform initiatives 5. Creating alternatives to secure detention, secure confinement, and formal system involvement 6. Focusing intentionally on DMC reduction (and not just on general system improvement) while using a non-accusatory tone 7. Leadership at the local level, the state level, or both 8. Making DMC reduction a long-term priority While these eight strategies were the most common, each site approached its unique DMC problems in its own way. Following is a brief summary of strategies utilized and achievements gained in each of the nine Details: Bethesda, MD: Development Services Group, Inc., 2014. 97p. Source: Internet Resource: Accessed December 19, 2016 at: https://www.ncjrs.gov/pdffiles1/ojjdp/grants/250301.pdf Year: 2014 Country: United States URL: https://www.ncjrs.gov/pdffiles1/ojjdp/grants/250301.pdf Shelf Number: 147746 Keywords: Disproportionate Minority Contact Juvenile Justice Systems Minority Youths Racial Disparities

Author: Simpson, Tiffany Title: Do Objective Measures Reduce the Disproportionate Rates of Minority Youth Placed in Detention: Validation of a Risk Assessment Instrument? Summary: The over-representation of youth of color in the juvenile justice system, often referred to as disproportionate minority contact (DMC) can be found at many stages of the juvenile justice continuum. Further, research has shown that over-representation is not necessarily related to higher rates of criminal activity and suggests that case processing disparities can contribute to DMC. Risk assessment instruments (RAI) are objective techniques used to make decisions about youth in the juvenile justice system. This study examined the effects of implementing an RAI designed to make detention decisions, in a predominantly rural parish in Louisiana. Police officers from three law enforcement agencies investigated 202 cases during the evaluation period. The measures included an objective detention risk screening instrument, a contact form which contained juvenile demographic information, a two-item questionnaire assessing law enforcement's impression of the youth's need for detention placement and risk to public safety, and an arrest coding sheet which assessed subsequent police contacts and arrests among youth over 3 and 6 months of street time (i.e., time outside of secure confinement). Results revealed that overall law enforcement was unwilling to consistently complete the tool and continued to use subjective decision making, with completion rates ranging from 61% to 97% across the participating agencies. Also, subjective decision making by law enforcement actually helped minority youth as law enforcement consistently disregarded formal overrides included in the RAI, resulting in fewer minority youth being detained than were indicated by the RAI. Further, implementation of the tool, as constructed, resulted in small but insignificant reductions in the rates of overall confinement and rates of minority confinement when compared to the rates of confinement during the same time period of the previous year. Additionally, the RAI did not significantly predict future police contact due to items that did not predict recidivism in this sample. Use of a three-item version resulted in a significant increase in the tool's predictive ability. This study demonstrates the importance of additional validity testing following the implementation of detention risk assessment instruments to ensure that these tools reduce unnecessary confinement while protecting public safety. Details: New Orleans: University of New Orleans, 2010. 93p. Source: Internet Resource: Dissertation: Accessed January 26, 2017 at: http://scholarworks.uno.edu/cgi/viewcontent.cgi?article=2098&context=td Year: 2010 Country: United States URL: http://scholarworks.uno.edu/cgi/viewcontent.cgi?article=2098&context=td Shelf Number: 145436 Keywords: Juvenile Detention Juvenile Offenders Minority Youth Racial Disparities Risk Assessment

Author: Baumgartner, Frank R. Title: Racial Disparities in Traffic Stop Outcomes Summary: In American politics, the issue of racial disparity is never far from the surface, in particular as it relates to encounters with the police. We are currently in a period when – thanks to the Black Lives Matter movement – the behavior of police officers toward minorities is receiving intense scrutiny. As usual, Americans are deeply divided on the issue: where one side perceives injustice and violence toward black bodies, the other focuses on the difficulties of law enforcement and the need to respect those in blue. Our current focus on race and justice is all too familiar, but this most recent surge in attention to these issues offers perhaps a special promise of progress because our abilities to document citizen interactions with police have never been better. First, almost everyone today has a video camera on their cell phone, allowing them to film their interactions with police officers. It is much harder to dismiss a victim's claims of police misconduct when footage of the incident is posted on Facebook for the world to see. Second, increasing numbers of police departments are mandating the use of dash cameras and body cameras for police cars and police officers. Third, we now have access to extensive databases of police traffic stops that record the demographic information of stopped motorists alongside information about what transpired during the stop. Efforts to collect this type of data were put in place during the last wave of attention toward "driving while black" disparities in the late 1990s and early 2000s. Figure 1 shows the surge of attention as well as its later decline. During the time when attention to the concept of "driving while black" or "driving while brown" surged, a number of states passed laws for the first time mandating the collection of data on routine traffic stops. They sought to document any racial disparities that were alleged to be occurring so that the phenomenon could be either dismissed, if the data revealed there was no such thing, or better understood so that solutions could be implemented if the data showed that allegations were indeed accurate. The figure shows that attention has declined, but a new wave of attention to police violence, based on shootings of unarmed black men has of course kept police-minority relations in the headlines. One major difference between the 1990s and today was mentioned above: video confirmation. Another is data, which is our focus here. Details: Chapel Hill, NC: Department of Political Science, University of North Carolina at Chapel Hill, 2017. 42p. Source: Internet Resource: Accessed March 2, 2017 at: https://www.unc.edu/~fbaum/articles/BaumgartnerEtAl-2017-DukeForum-RacialDisparitiesInTrafficStops.pdf Year: 2017 Country: United States URL: https://www.unc.edu/~fbaum/articles/BaumgartnerEtAl-2017-DukeForum-RacialDisparitiesInTrafficStops.pdf Shelf Number: 141302 Keywords: Body-Worn Cameras Racial Disparities Racial Profiling Racial Profiling in Law Enforcement Stop and Search Traffic Stops

Author: Gross, Samuel R. Title: Race and Wrongful Convictions in the United States Summary: African Americans are only 13% of the American population but a majority of innocent defendants wrongfully convicted of crimes and later exonerated. They constitute 47% of the 1,900 exonerations listed in the National Registry of Exonerations (as of October 2016), and the great majority of more than 1,800 additional innocent defendants who were framed and convicted of crimes in 15 large-scale police scandals and later cleared in "group exonerations." We see this racial disparity for all major crime categories, but we examine it in this report in the context of the three types of crime that produce the largest numbers of exonerations in the Registry: murder, sexual assault, and drug crimes. I. Murder • Judging from exonerations, innocent black people are about seven times more likely to be convicted of murder than innocent white people. A major cause of the high number of black murder exonerations is the high homicide rate in the black community—a tragedy that kills many African Americans and sends many others to prison. Innocent defendants who are falsely convicted and exonerated do not contribute to this high homicide rate. They— like the families of victims who are killed—are deeply harmed by murders committed by others. • African-American prisoners who are convicted of murder are about 50% more likely to be innocent than other convicted murderers. Part of that disparity is tied to the race of the victim. African Americans imprisoned for murder are more likely to be innocent if they were convicted of killing white victims. Only about 15% of murders by African Americans have white victims, but 31% of innocent African-American murder exonerees were convicted of killing white people. • The convictions that led to murder exonerations with black defendants were 22% more likely to include misconduct by police officers than those with white defendants. In addition, on average black murder exonerees spent three years longer in prison before release than white murder exonerees, and those sentenced to death spent four years longer. • Many of the convictions of African-American murder exonerees were affected by a wide range of types of racial discrimination, from unconscious bias and institutional discrimination to explicit racism. • Most wrongful convictions are never discovered. We have no direct measure of the number of all convictions of innocent murder defendants, but our best estimate suggests that they outnumber those we know about many times over. Judging from exonerations, half of those innocent murder defendants are African Americans. II. Sexual Assault • Judging from exonerations, a black prisoner serving time for sexual assault is threeand-a-half times more likely to be innocent than a white sexual assault convict. The major cause for this huge racial disparity appears to be the high danger of mistaken eyewitness identification by white victims in violent crimes with black assailants. • Assaults on white women by African-American men are a small minority of all sexual assaults in the United States, but they constitute half of sexual assaults with eyewitness misidentifications that led to exoneration. (The unreliability of cross-racial eyewitness identification also appears to have contributed to racial disparities in false convictions for other crimes, but to a lesser extent.) • Eyewitness misidentifications do not completely explain the racial disparity in sexual assault exonerations. Some misidentifications themselves are in part the products of racial bias, and other convictions that led to sexual assault exonerations were marred by implicit biases, racially tainted official misconduct and, in some cases, explicit racism. • African-American sexual assault exonerees received much longer prison sentences than white sexual assault exonerees, and they spent on average almost four-and-a-half years longer in prison before exoneration. It appears that innocent black sexual assault defendants receive harsher sentences than whites if they are convicted, and then face greater resistance to exoneration even in cases in which they are ultimately released. III. Drug Crimes • The best national evidence on drug use shows that African Americans and whites use illegal drugs at about the same rate. Nonetheless, African Americans are about five times as likely to go to prison for drug possession as whites—and judging from exonerations, innocent black people are about 12 times more likely to be convicted of drug crimes than innocent white people. • In general, very few ordinary, low-level drug convictions result in exoneration, regardless of innocence, because the stakes are too low. In Harris County, Texas, however, there have been 133 exonerations in ordinary drug possession cases in the last few years. These are cases in which defendants pled guilty, and were exonerated after routine lab tests showed they were not carrying illegal drugs. Sixty-two percent of the Harris County drugcrime guilty plea exonerees were African American in a county with 20% black residents. • The main reason for this racial disproportion in convictions of innocent drug defendants is that police enforce drug laws more vigorously against African Americans than against members of the white majority, despite strong evidence that both groups use drugs at equivalent rates. African Americans are more frequently stopped, searched, arrested, and convicted—including in cases in which they are innocent. The extreme form of this practice is systematic racial profiling in drug-law enforcement. • Since 1989, more than 1,800 defendants have been cleared in “group exonerations” that followed 15 large-scale police scandals in which officers systematically framed innocent defendants. The great majority were African-American defendants who were framed for drug crimes that never occurred. There are almost certainly many more such cases that remain hidden. • Why do police officers who conduct these outrageous programs of framing innocent drug defendants concentrate on African Americans? The simple answer: Because that's what they do in all aspects of drug-law enforcement. Guilty or innocent, they always focus disproportionately on African Americans. Of the many costs that the War on Drugs inflicts on the black community, the practice of deliberately charging innocent defendants with fabricated crimes may be the most shameful. Details: Irvine, CA: National Registry of Exonerations, Newkirk Center for Science and Society, University of California Irvine, 2017. 37p. Source: Internet Resource: Accessed March 7, 2017 at: https://www.law.umich.edu/special/exoneration/Documents/Race_and_Wrongful_Convictions.pdf Year: 2017 Country: United States URL: https://www.law.umich.edu/special/exoneration/Documents/Race_and_Wrongful_Convictions.pdf Shelf Number: 146414 Keywords: Exonerations False Imprisonment Judicial Error Miscarriage of Justice Racial Disparities Wrongful Conviction

Author: Pownall, Samantha Title: A, B, C, D, STPP: How School Discipline Feeds the School-to-Prison Pipeline Summary: Overly punitive school discipline feeds the school-to-prison pipeline and contributes to the failure of New York's public school system to educate the city’s most disadvantaged students. Research consistently demonstrates the importance of keeping students with the greatest academic and economic needs in school. Under Mayor Michael R. Bloomberg, these are the same students who are at greatest risk of being pushed out through suspensions and arrests. Black students, who are disproportionately arrested in school compared with white students, are the least likely to graduate from high school with a Regents Diploma. Black students and students with special needs are disproportionately suspended from city schools. And black students with special needs have the highest suspension rate of any group. Low-income students are also disproportionately suspended. This report reviews the policies and practices that produced these results and provides recommendations to help end the school-to-prison pipeline (STPP) in New York City, and for the first time, links school suspension to NYPD stop-and-frisk patterns in four out of five boroughs. Details: New York: New York Civil Liberties Union, 2013. 74p. Source: Internet Resource: Accessed March 8, 2017 at: https://www.nyclu.org/sites/default/files/publications/nyclu_STPP_1021_FINAL.pdf Year: 2013 Country: United States URL: https://www.nyclu.org/sites/default/files/publications/nyclu_STPP_1021_FINAL.pdf Shelf Number: 141378 Keywords: Racial Disparities School Discipline School Suspensions School-to-Prison Pipeline

Author: Gideon's Army Title: Driving While Black: A report on racial profiling in Metro Nashville Police Department Traffic Stops Summary: Our report shows that "driving while black" constitutes a unique series of risks, vulnerabilities, and dangers at the hands of the Metro Nashville Police Department (MNPD) that white drivers do not experience in the same way. Upon reviewing MNPD’s traffic stop database, our report finds that: • Between 2011-2015, MNPD conducted 7.7 times more traffic stops annually than the U.S. national average • Between 2011-2015, MNPD made more stops of black people than there were black people 16 years old and over living in Davidson County • Between 2011-2015, MNPD consistently and unnecessarily stopped and searched black drivers in predominantly black, Hispanic, and low-income communities at rates substantially higher than they did white drivers in predominantly middle to upper income communities • MNPD consent searches are invasive and fail to yield incriminating evidence 88.4% of the time. • Evidence of unlawful activity is found during searches of white drivers more often than in searches of black and Hispanic drivers • Nearly 80% of all MNPD traffic stops in 2015 result in a warning, and, in traffic stops including a search of the vehicle or driver, between one-third and half result in a warning, which means hundreds of thousands of drivers are being stopped and searched unnecessarily every year • Since 2012, Operation Safer Streets (OSS) has resulted in more than 58,000 vehicle stops and 11,000 arrests, the vast majority of which were concentrated in communities of color. More than 90% of OSS arrests were for misdemeanors, often for possession of small amounts of marijuana or driving without a license, and more than 80% of stops yielded no evidence that warranted arrest. Our interviews with black drivers in Nashville show that: • Metro police officers regularly intimidate, harass, and unfairly exert their authority over black drivers • Aggressive tactics by officers result in traumatizing experiences of fear for one’s safety and the safety of one’s family and friends • Black drivers experience anger at being treated unjustly and disrespectfully, frustration derived from being profiled because of one's race and its assumed correspondence to criminality, and the feeling that police do not "serve and protect" black people like they do white people Through these findings, our report shows that MNPD's traffic stop practices impose a severe disparate or discriminatory impact on the predominantly black and low-income communities that MNPD’s traffic stop and search regime disproportionately targets. MNPD's internal reports justify these disparities based on an alleged correlation between where stops are made and the number of crime reports in the area. However, our findings show that traffic enforcement targets and impacts entire communities, not just people who commit crimes, and that regardless of the area, black people are searched at much higher rates than white people. For these reasons, racial disparities in policing are unlikely to be caused by individual officers’ behaviors alone, but by institutional norms and policies that justify targeting predominantly black and low-income communities. The MNPD traffic stop lesson plan used as part of officer training shows that the department is primarily focused on using traffic stops as a way to gain entry into vehicles and search them (See Section II). In practice, this means making pretextual traffic stops for technicalities, such as rolling through a stop sign or having a broken taillight, in order to get an opportunity to make contact with the occupants, use manipulative forms of engagement to gain consent to search, and search drivers and their vehicles. While the lesson plan does not explicitly prioritize stops and searches of black drivers, MNPD disproportionately deploys its patrol officers to predominantly black and low-income communities, and as our report shows, black drivers are more likely than white drivers to be stopped, stopped multiple times in a year, and searched during a traffic stop, even though searches of black drivers are less successful in yielding criminal evidence than are searches of white drivers. MNPD's overwhelmingly unsuccessful and disparately impactful over-policing of predominantly black and low-income communities raises serious concerns about the effectiveness, legitimacy, and constitutionality of MNPD's traffic stop and search regime. Furthermore, the fact that Nashville's unnecessarily high rate of total traffic stops does not reduce traffic accidents and injuries (Finding 1) and does not appear to make any significant impact on crime rates compared to other cities making fewer stops (Demand 1) calls MNPD's policing strategies into question both legally and ethically. The core findings of our report analyze traffic stops of black, white, and Hispanic drivers. Details: Nashville, TN: Gideon's Army, 2016. 213p. Source: Internet Resource: Accessed March 23, 2017 at: https://drivingwhileblacknashville.files.wordpress.com/2016/10/driving-while-black-gideons-army.pdf Year: 2016 Country: United States URL: https://drivingwhileblacknashville.files.wordpress.com/2016/10/driving-while-black-gideons-army.pdf Shelf Number: 144558 Keywords: Driving While Black Racial Disparities Racial Profiling Racial Profiling in Law Enforcement Stop and Search Traffic Stops Traffic Violations

Author: Centre for Justice Innovation Title: Building Trust: How our courts can improve the criminal court experience for Black, Asian, and Minority Ethnic defendants Summary: Widespread distrust among British-born Black, Asian and Minority ethnic (BAME) people towards the British justice system is having a negative impact on the legitimacy of our criminal courts. Our report looks at the origins of the lack of trust in the system, why perceptions of fairness and trust in the justice system matter and what can be done to improve the experience of court for BAME defendants. Why trust matters Trust in the fairness of our courts is key to the legitimacy of the criminal justice system. Our courts are charged with guaranteeing our fair and equal treatment before the law.While the British judicial system has a reputation as one of the fairest in the world, our criminal justice system does not command the trust of our Black, Asian, and Minority Ethnic (BAME) citizens. A majority (51%) of British-born BAME people believe that the criminal justice system discriminates against particular groups and individuals, compared to only 35% of the British-born white population. This lack of trust has two specific negative consequences: It may be leading to BAME defendants receiving more severe sentences by making them less likely to plead guilty. Defendants who plead guilty at the first opportunity receive a one-third reduction in their sentence. But male BAME defendants are 52% more likely to plead not guilty in Crown Courts than similar white defendants. Perceptions of unfair treatment within the court process and lower levels of trust in the courts are likely to increase the chances that BAME offenders will go on to offend again. How to build trust We reviewed approaches to building trust and tackling racial disparity in four similar countries: Australia, Canada, New Zealand and the USA. Having analysed the way other countries address this issue, our report recommends that our courts can improve the experience of court in the following ways: Ministry of Justice should work with Her Majesty's Courts and Tribunals Service(HMCTS) can expand the existing data on racial disparity in the adult criminal court system. The Ministry of Justice should require each local justice area bring together agencies from across the criminal justice system to look at their local rates of racial disparity and produce action plans. HMCTS should ensure that making the court process feel fairer for all defendants is at the heart of its court reform programme by providing clearer explanations of the court process, training judges, magistrates and court staff in better courtroom engagement and introducing more local, pop-up courts in civic buildings in accessible locations. HMCTS court reform programme should ensure that the criminal court system engages and understands the communities within which it works by introducing ways of measuring the perceptions of fairness of victims, witnesses, and defendants in the court process. Details: London: Centre for Justice Innovation, 2017. 44p. Source: Internet Resource: Accessed April 6, 2017 at: http://justiceinnovation.org/wp-content/uploads/2017/03/Building-Trust.pdf Year: 2017 Country: United Kingdom URL: http://justiceinnovation.org/wp-content/uploads/2017/03/Building-Trust.pdf Shelf Number: 144733 Keywords: Bias Court Reform Criminal Court Criminal Defendants Minority Groups Racial Discrimination Racial Disparities Trust

Author: Jacobsen, Wade C. Title: Punishment and Inequality at an Early Age: Exclusionary Discipline in Elementary School Summary: We fill an important gap in prior research by assessing (1) the prevalence of exclusionary discipline in elementary school; (2) racial disparities in exclusionary discipline in elementary school; and (3) the association between exclusionary discipline and aggressive behavior in elementary school. Using the Fragile Families Study, we estimate that more than 1 in 10 children born 1998-2000 in large US cities were suspended or expelled by age nine (most in third grade). We also find extreme racial disparity; upwards of 30% of non-Hispanic black males were suspended or expelled, compared to 8% of non-Hispanic white or other-race males. Disparities are largely due to differences in children's school and home environments rather than to behavior problems. Furthermore, we find suspension or expulsion associated with increased aggressive behavior in elementary school. These results are robust to a rich set of covariates, within individual fixed-effects, matching methods, and sensitivity checks for reverse causality and selection. Our results imply that school discipline policies relying heavily on exclusionary punishment may be fostering childhood inequality. Details: Princeton, NJ: Princeton University, 2017. 42p. Source: Internet Resource: Fragile Families Working Paper: WP16-04-FF: Accessed April 12, 2017 at: http://crcw.princeton.edu/workingpapers/WP16-04-FF.pdf Year: 2017 Country: United States URL: http://crcw.princeton.edu/workingpapers/WP16-04-FF.pdf Shelf Number: 144815 Keywords: Racial Disparities School Discipline School Suspension School-to-Prison Pipeline

Author: Irwin-Rogers, Keir Title: Fairness in the criminal justice system: What's race got to do with it? Summary: This report draws data from focus groups with people serving sentences of imprisonment inside an English prison. It focuses on prisoners' perceptions of (un)fairness spanning the breadth of our criminal justice system. The report has been produced as part of David Lammy MP's review into the system. Over the past year Catch22 ran a series of focus groups in a UK prison to understand prisoners' experience of racial bias in the criminal justice system. The findings show that that both black and white prisoners, as a whole, consider the criminal justice system to show widespread racial bias. The report lays out a set of recommendations for how this can be rectified, including; clarity around decision making, representation of all races at a senior level across the criminal justice system and treating people, as people. Key findings show: There was a widespread perception that at sentencing, a number of stakeholders including the police, the prosecution and the judiciary came together to 'conspire' against the interests of defendants, undermining people's rights to a fair and impartial trial process. There is a lack of diversity in police forces, particularly in relation to senior positions. Participants were concerned about a perceived lack of diversity on juries and among members of the judiciary, particularly in terms of race, but also in terms of age and social class. This lack of diversity was thought to preclude an adequate understanding of the daily challenges faced by many defendants. Participants were frustrated with opaque decision-making across the criminal justice system, from being stopped for a crime through to sentencing and how they were treated in prison. Opacity led them to believe that there were racial implications to decisions. There is a lack of trust in lawyers: There was a marked lack of trust and confidence in legal aid lawyers from both white and BAME prisoners. Participants believed the primary motivation of legal aid lawyers to be profit, rather than prioritising the interests of their clients. This lack of trust and confidence in legal aid lawyers meant that people were less likely to trust the advice they were given, particularly involving decisions around whether or not to plead guilty. This has huge implications for the length of sentence many people receive. By far, the main policing grievance was stop and search. There was a widespread perception that the best, and sometimes the only, way to get prison staff to act on prisoner requests or concerns was to behave aggressively - quiet prisoners, participants reported, were almost always ignored. There was a perceived breakdown of order and safety in prisons, which many participants attributed to the loss of significant numbers of prison staff, or the replacement of older, experienced staff members with younger members of staff who lacked the competence or confidence to perform their roles effectively. Details: London: Catch 22, 2017. 46p. Source: Intetner Resource: Accessed May 8, 2017 at: https://www.catch-22.org.uk/news/catch22-report-fairness-in-the-criminal-justice-system-whats-race-got-to-do-with-it/ Year: 2017 Country: United Kingdom URL: https://www.catch-22.org.uk/news/catch22-report-fairness-in-the-criminal-justice-system-whats-race-got-to-do-with-it/ Shelf Number: 145357 Keywords: Racial Bias Racial Discrimination Racial Disparities

Author: Washington Lawyers' Committee for Civil Rights Urban Affairs Title: Racial Disparities in Arrests in the District of Columbia, 2009-2011: Implications for Civil Rights and Criminal Justice in the Nation's Capital Summary: At its founding in 1968, the Washington Lawyers' Committee for Civil Rights and Urban Affairs sought to address issues of racial discrimination and their associated causes. Our work started with efforts to address issues of discrimination and poverty identified by the Report of the National Advisory Commission on Civil Disorders (known as the Kerner Commission) as the root causes of the riots that had erupted in cities across the country throughout the 1960s. Forty-five years later, the Washington Lawyers' Committee has developed a wide range of litigation and advocacy programs and projects addressing a broad range of civil rights and poverty concerns, including criminal justice reform and prisoners' rights. In 2006 the Committee joined forces with the DC Prisoners Project to make prisoners' rights a formal and major part of its work. The Washington Lawyers' Committee has long been concerned by the impact of the drug laws and drug policies on the population it serves, and the Committee's view has been that drug abuse and addiction are most appropriately treated primarily as public health concerns rather than criminal matters. While litigation efforts to win judicial recognition of this principle were unsuccessful in the 1970s, the Committee's pilot program at that time demonstrated the importance of legal support and expanded treatment for addicted individuals. This report grows out of increasing concern that broader aspects of our local and national criminal justice systems - even beyond questions relating to drug policies - reflect significant racial disparities that raise important questions of public policy and civil rights concerns. In order to further explore these issues, the Committee convened a panel of senior and retired judges, and enlisted the support of a team of attorneys at the firm of Covington & Burling LLP, to obtain and analyze a comprehensive set of arrest data for the District of Columbia covering the years 2009, 2010 and 2011. Together, the Washington Lawyers' Committee, Covington & Burling LLP, and the judicial review committee have analyzed and reviewed the data. While we leave it to readers to draw their own conclusions, it is the view of this report's authors and advisors that the statistics contained here should serve as a wake-up call to Washington, D.C. residents and policymakers. These findings speak to the need for residents and policymakers to take a deeper look at some of the civil rights implications of our drug, public health and public safety policies. Details: Washington, DC: The Committee, 2013. 35p. Source: Internet Resource: Accessed May 10, 2017 at: https://www.washlaw.org/pdf/wlc_report_racial_disparities.pdf Year: 2013 Country: United States URL: https://www.washlaw.org/pdf/wlc_report_racial_disparities.pdf Shelf Number: 129381 Keywords: Arrests and Apprehensions Drug Enforcement Drug Policy Racial Disparities Racial Profiling in Law Enforcement

Author: Henricks, Kasey Title: A Tale of Three Cities: The State of Racial Justice in Chicago Report Summary: Despite some progress, significant racial inequities have stagnated, and in some cases grown worse, in Chicago since the civil rights movement, according to a new report by University of Illinois at Chicago researchers. Racial and ethnic inequality in Chicago is "so pervasive, persistent, and consequential" that the investigators describe life for white, black and Latino residents in Chicago today as a "tale of three cities." The report, "A Tale of Three Cities: The State of Racial Justice in Chicago," is produced by UIC's Institute for Research on Race and Public Policy. It details the divergent conditions for blacks, Latinos and whites in the intersecting domains of housing, economics, education, justice and health. Present-day challenges facing the city and its residents are partly due to a "failure to address the long-term consequences of decades of formal and widespread private and public discrimination along with continuing forms of entrenched but subtle institutional and interpersonal forms of discrimination," the report states. Among the findings: Housing -High black-white segregation levels persist even among the city's most affluent households. Black households earning over $100,000 annually are almost as likely as those earning less than $25,000 to be segregated from whites. -Even when they possess equivalent measures of credit-worthiness compared to whites, black and Latino households are more likely to secure mortgages that have high interest rates, ballooning payment schedules, and numerous extra fees. -Black and Latino neighborhoods were especially hard-hit in the foreclosure crises, and large portions of some minority neighborhoods continue to experience long-term vacancies with as much as 10 percent to 25 percent of housing stock abandoned in places like Englewood and Riverdale. -The aftermath of the Great Recession has left more black and Latino homeowners and renters cost-burdened, spending 30 percent or more of their income on monthly housing or rental costs. Economics -Over 30 percent of black families, around 25 percent of Latino families, and less than 10 percent of white families live below the poverty line. -In 1960, the typical white family earned 1.6 and 1.4 times more than the typical black and Latino family. Today, the typical white family earns 2.2 and 1.7 times more than typical black and Latino families. -At nearly 20 percent today, the black unemployment rate is over four times the city's white unemployment rate. The rate for Latinos is about 10 percent. -Higher levels of education do not eliminate racial and ethnic disparities in income or joblessness. Education -About 91 percent of black students and 89 percent of Latino students attend schools where 75 percent or more of the student population is eligible for free or reduced lunch. Meanwhile, white students comprise a quarter of all students at selective enrollment high schools and are over-represented in the district's advanced courses and gifted programs. -White students represent anywhere from 32 percent to 40 percent of the student body at the district's top five nationally-ranked high schools even though they comprise less than 10 percent of the Chicago Public Schools student body. -Compared to surrounding school districts in Cook County and elsewhere in the state, Chicago Public Schools has fewer high school teachers with advanced degrees, larger class sizes, and less state investment per pupil. -Black students are suspended, both in-school and out-of-school, at double the district rate, and they are expelled at four times the rate of Latinos and 23 times the rate of whites. Justice -While both violent and property crimes are down in Chicago and nationally, incarceration rates have skyrocketed due to policy shifts, aggressive policing strategies, and mandatory minimum sentencing. Illinois prisons are operating at 150 percent of maximum capacity, and the state has one of the most overcrowded prison systems in the nation. -Chicagoans of color are subject to more police surveillance, suspicion and intervention than whites. Although blacks and Latinos have their vehicle searched at four times the rate of their white counterparts, they are half as likely to be in possession of illegal contraband or a controlled substance. -The geographical distribution of state prisons, clustered in downstate Illinois, impacts political districting and results in inflated voting for some predominantly white districts that house high numbers of prison cells because prisoners are counted as residents of the county where they are incarcerated. Health -Health outcomes are improving across Chicago, but inequalities between blacks and whites are either stagnant or widening on major indicators like heart disease, stroke, and mortality in general. -While Latino Chicagoans fare better than both whites and blacks on measures like mortality rates and incidence of certain cancers, they are uninsured at twice the rate of their black and white counterparts and may be underreported in some areas. -Racial and ethnic disparities persist in infant mortality and low birthweight - outcomes often associated with socioeconomic status and access to prenatal care. 'Many residents on the south and west sides live in healthcare provider and pharmacy "deserts," with no access to either within a half-mile to mile radius. "Advantages or disadvantages people have in one area often translate into parallel advantages or disadvantages in another," the researchers wrote. "Chicagoans of all racial and ethnic groups want to live in safe and healthy communities where they don't just subsist or survive but also thrive, but not all have equal access." "While the data we collected will not be a surprise to many, we hope that this effort to collect it all in one place will help us all to understand the challenges we face and how they are interconnected," said co-author Amanda Lewis, director of the institute and professor of African American studies and sociology. The report also highlights gaps in the available data and the challenges posed by the use of standard measures to assess racial dynamics, in particular for Asians, Pacific Islanders, Native Americans and Arab Americans. Short commentaries by scholars capture some of the key challenges facing these communities today. Details: Chicago: Institute for Research on Race and Public Policy, University of Illinois at Chicago, 2017. 178p. Source: Internet Resource: Accessed May 17, 2017 at: http://stateofracialjusticechicago.com/ Year: 2017 Country: United States URL: http://stateofracialjusticechicago.com/ Shelf Number: 145554 Keywords: Ethnic Disparities Inequalities Minorities Racial Discimination Racial Disparities

Author: Sentencing Project Title: Report of The Sentencing Project to the United Nations Human Rights Committee Regarding Racial Disparities in the United States Criminal Justice System Summary: The United States criminal justice system is the largest in the world. At year-end 2011, approximately 7 million individuals were under some form of correctional control in the United States, including 2.2 million incarcerated in federal, state, or local prisons and jails. The U.S. has the highest incarceration rate in the world, dwarfing the rate of nearly every other nation. Such broad statistics mask the racial disparity that pervades the U.S. criminal justice system. Racial minorities are more likely than white Americans to be arrested; once arrested, they are more likely to be convicted; and once convicted, they are more likely to face stiff sentences. African-American males are six times more likely to be incarcerated than white males and 2.5 times more likely than Hispanic males. If current trends continue, one of every three black American males born today can expect to go to prison in his lifetime, as can one of every six Latino males - compared to one of every seventeen white males. Racial and ethnic disparities among women are less substantial than among men but remain prevalent. 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 minorities. The former is the system the United States describes in its report: 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. Details: Washington, DC: The Sentencing Project, 2013. 30p. Source: Internet Resource: Accessed May 19, 2017 at: http://sentencingproject.org/wp-content/uploads/2015/12/Race-and-Justice-Shadow-Report-ICCPR.pdf Year: 2013 Country: United States URL: http://sentencingproject.org/wp-content/uploads/2015/12/Race-and-Justice-Shadow-Report-ICCPR.pdf Shelf Number: 131372 Keywords: Minority Groups Racial Discrimination Racial Disparities Sentencing Disparities

Author: Roberts, Darryl Spencer Title: A Quantitative Study of the Impact of California's Three-Strikes Sentencing Practices on Minority Offenders Summary: This study examined the effects of the California three-strikes law on the African American female population. Prior research has shown that the law has had a disproportionate effect on African American males, who were subject to higher rates of second and third strikes than other ethnic populations and whose proportion of the third strike population was 15% higher than their prison population. This study was the first of its kind to closely examine the impact of the law on African American females by looking at secondary data in the form of arrest rates in nine California counties in the Bay Area. Logistical regressions were performed to understand the likelihood of African American females being arrested over time relative to Whites, Latinas, and Other ethnicities. The findings were consistent with other research showing the disproportionate impact on the law to African Americans, especially nonviolent drug felons. African American females were arrested at higher rates after the law went into effect, and then, over time, their rates were reduced to a greater extent than other ethnicities. The results point to the targeting of the community in the immediate aftermath of the law�s implementation and the eventual effect of the law on sentencing African American females to longer periods of incarceration. While issues of race continue to be the central concern for race disparities within the criminal justice system, more research is needed to evaluate how gender may influence sentencing outcomes relative to California's three-strike law. Details: Minneapolis, MN: Capella University, 2016. 203p. Source: Internet Resource: accessed June 15, 2017 at: https://www.researchgate.net/profile/Darryl_Roberts7/publication/310481367_A_QUANTITATIVE_STUDY_OF_THE_IMPACT_OF_CALIFORNIA'S_THREE-STRIKES_SENTENCING_PRACTICES_ON_MINORITY_OFFENDERS/links/582f7ff008aef19cb8156549.pdf Year: 2016 Country: United States URL: https://www.researchgate.net/profile/Darryl_Roberts7/publication/310481367_A_QUANTITATIVE_STUDY_OF_THE_IMPACT_OF_CALIFORNIA'S_THREE-STRIKES_SENTENCING_PRACTICES_ON_MINORITY_OFFENDERS/links/582f7ff008aef19cb8156549.pdf Shelf Number: 146191 Keywords: Racial Disparities Sentencing Three-Strikes Law

Author: Haight, Konrad Title: An Examination of Ethnic Disparities in Arizona's Juvenile Justice System: Final Technical Report Summary: Research on disproportionate minority contact in the juvenile justice system has generally concluded that Black youth are subject to disparate treatment such that they typically are more likely than White youth to face more formal and more punitive treatment at the various decision points in the juvenile court process. Research on disparate treatment for Latino youth in the juvenile justice system has been relatively rare, and the results of those studies have provided inconsistent evidence on the nature of disparities between Latino and White youth. This study sought to address such gaps in the research with a comprehensive assessment of juvenile justice case processing for a two-year period in the state of Arizona. Using a data set particularly well-suited for this examination, we believe the results of this study contribute meaningfully to the literature on ethnic disparities in the juvenile justice system. Using data from the state of Arizona that included 75,316 referrals to the juvenile justice system over the two-year period from January 1, 2013 to December 31, 2014, we applied five research questions to data on eight distinct decision points. We controlled for key legal factors such as the referral offense, the number of prior referrals, and whether the youth was involved in dependency court in addition to juvenile court. The level of detail in the data allowed us to investigate whether disparity varied depending on the type of referral offense and the county in which the youth was referred. Does disparity affecting Latino youth exist statewide in Arizona? If we look at rates of referral to juvenile court, we find that White youth are actually more likely to be referred to juvenile court than Latino youth. This is in contrast to the patterns of referral rates for Black and Native American youth-both groups are more likely than White youth to be referred to juvenile court, with Black youth referred more than twice as often as White youth. Once they are referred to juvenile court, however, there are a number of ways that Latino youth experience their processing in the juvenile justice system disproportionately more punitive than White youth. Latino youth are underrepresented in diversions from formal court processing, and overrepresented in direct filings to adult court, in pre-adjudicatory secure detention, in petitions filed for formal juvenile court processing, and in commitments to correctional facilities at disposition. Does observed disparity affecting Latino youth remain when we control for other factors that might impact juvenile justice decision making? Based on multivariate analyses that controlled for the influence of age, gender, number of priors, most serious current offense, and dependency status, we find that the disparities identified above remain even after taking into account these other factors. Across the state, if they were referred to juvenile court, Latino youth were less likely than White youth to receive an opportunity to avoid formal court processing and more likely to experience more punitive treatment at the various decision points. Does disparity affecting Latino youth vary by county? We did find a pattern of results that was generally consistent across the different counties. This pattern is that Latino youth are less likely than White youth to be referred to juvenile court and to be diverted from formal court processing, but more likely to be securely detained prior to adjudication, have a petition filed for formal court processing, and be committed to a correctional facility after disposition. We did find some counties where this pattern was not detected, and those were the counties in which the Latino youth were the largest racial/ethnic group in the general population. Does disparity affecting Latino youth vary based on the type of offense for which the youth was referred? By considering each decision point broken down by the type of offense, we find there are complexities to the patterns of disparities for Latino youth in juvenile courts in Arizona. For example, Latino youth are overall less likely to be referred to juvenile court than White youth, except in the case of violent felonies, status offenses, and violations, for which we find Latino youth to be more likely than White youth to be referred to court. Also, Latino youth are overrepresented in secure detention placements, except when the offense was a violation or a violent misdemeanor. In addition, the biggest disparities for Latino youth with regard to the filing of petitions for formal court processing are in the case of property misdemeanors and for drug felonies. Finally, while we find that Latino youth are more likely to be committed to correctional placements after disposition, the disparities are greatest for violent misdemeanors and felonies and for drug felonies. Does disparity affecting Latino youth differ depending on whether the county of referral is participating in JDAI? We find that at several of the decision points, the disparities between Latino and White youth in the JDAI counties are smaller than what we find in the non-JDAI counties, particularly at the decision points of direct file, diversion, petition, and probation. There are other decision points where the differences between JDAI and non-JDAI counties are rather small, namely secure detention and adjudication. Placement in correctional facilities is one decision point where Latino youth in the JDAI counties fare worse than in non-JDAI counties. Key findings from this study include: - Latino youth are not overrepresented in referrals to juvenile court, but they do experience disparate treatment once they are in the system. - Latino youth are more likely than White youth to experience the most severe and restrictive punishments that the juvenile justice system has to offer. This includes direct filings in adult court, placement in pre-adjudicatory secure detention, and placement in confinement following disposition. - When it comes to severe and restrictive punishments, Black youth experience greater levels of disparity than Latino youth. - In most cases, legal factors that we controlled for do not account for the observed disparities. - Patterns of disparity are consistent across counties for Black youth, but this is not true of Latino youth, where disparity appears to vary with the proportion of the population that are Latino. - Disparity varies depending on the type of offense and this is consistent across racial and ethnic groups. The data used for this study are particularly well-suited for examining the extent to which Latino youth experience disparate treatment in the juvenile justice system. As such, the results can help guide future research and help policy makers in their efforts to address ethnic disparities. Implications for policy and practice include: - Ongoing assessment of disparity should move beyond a statewide only approach, focusing on areas with the greatest levels of disparity to ensure more efficient use of resources while generating greater reductions in disparity. - In counties where one race/ethnicity experiences greater disparity than other, it may make sense to work with those communities to determine the root of the problem. Where disparity is experienced across race/ethnicity groups, it may make more sense to look at official policies and procedures that might contribute to disparity across the board. - Future studies should augment their focus on county-level relative rates of risk with a county-level understanding of the juvenile justice system. Policies and practices at the county level can impact disparity and are vital to not only understanding why disparity exists, but also how to address it. - Future studies should incorporate a more complete understanding of previous offense histories, risk assessment scores, and include data collected over a longer period of time. - Whenever possible, it is important to consider ways that responses to particular offenses may introduce disparities in processing of youth through the court progression. Details: Indianapolis, IN: American Institutes for Research, 2016. 84p. Source: Internet Resource: Accessed June 26, 2017 at: https://www.ncjrs.gov/pdffiles1/ojjdp/grants/250803.pdf Year: 2016 Country: United States URL: https://www.ncjrs.gov/pdffiles1/ojjdp/grants/250803.pdf Shelf Number: 146384 Keywords: Disproportionate Minority Contact Juvenile Court Juvenile Justice Systems Latino Youth Minority Youth Racial Bias Racial Disparities

Author: Haapanen, Rudy Title: Understanding Ethnic Disparities in Juvenile Probation: What Affects Decisions? Summary: Ethnic disparities in juvenile justice system (JJS) involvement are well-documented and have been reported as persistent despite decades of effort. It has also been argued that JJS involvement does more harm than good, translating as continual and ongoing disadvantage for ethnic minorities. Although the evidence for ethnic bias in community corrections is equivocal and there are those who hold a more positive view of community corrections, any disparities are still a cause for concern. The Office of Juvenile Justice and Delinquency Prevention (OJJDP) solicited research focused on two of the primary research and evaluation objectives: - Decision-making at disposition decision points impacting Hispanic/Latino youth, including disproportionate entry and deeper involvement in the juvenile justice system and/or transfer to the adult criminal justice system. - Disproportionate use of secure detention, which includes adult jails and lockups, and placement for Hispanic/Latino youth. The proposal for this study, like the solicitation itself, assumed that disparities exist, and argued that understanding the basis for disparities in a county - and therefore the potential for system change to reduce disparities-requires an understanding of the factors that govern decision making other than current offense, such as the dispositional alternatives available in a particular setting and the characteristics of youth in relation to the alternatives. The present study, however, was not limited to issues involving Hispanic/Latino youth. The data provided the ability to assess possible disparities for Blacks as well, and the analysis and results are presented for the three major ethnic groups in California (White, Black and Latino), with other groups combined into a fourth category. Details: Davis, CA: University of California at Davis, 2016. 93p. Source: Internet Resource: Accessed June 28, 2017 at: https://www.ncjrs.gov/pdffiles1/ojjdp/grants/250802.pdf Year: 2016 Country: United States URL: https://www.ncjrs.gov/pdffiles1/ojjdp/grants/250802.pdf Shelf Number: 146437 Keywords: Decision Making Disproportionate Minority Confinement Ethnic Minorities Hispanic Youth Juvenile Detention Juvenile Offenders Juvenile Probation Latinos Racial Disparities

Author: Keeling, Peter Title: No respect: Young BAME men, the police and stop and search Summary: exactly 30 years after the Brixton riots, history repeated itself in the summer of 2011 in cities across Britain. Once again, one accelerant to that unrest was a perception among black, Asian and minority ethnic (BAME) young people that they were being unfairly treated by police forces using stop and search. Public figures, including - commendably - the then Home Secretary, pledged action. In the subsequent five years the number of stop and searches effected in England and Wales fell from 1.2 million to 380,000 without any deleterious impact on levels of crime. However, shockingly, the likelihood of someone black being stopped and searched in that period actually rose in relation to white people. A black person is now six times more likely to be searched. Meeting young BAME people engaged through some of the Criminal Justice Alliance's 120 member organisations made clear how toxic this discrepancy, which corrodes their self-esteem, is to good community relations. Too many of them feel a visceral hostility towards police as a consequence. What's most stark is that too many are so obviously also becoming alienated from public institutions meant to protect them at the very point of their transition to adulthood. That's why we decided to listen to what young BAME people had to tell policymakers and those police forces genuinely wrestling with this problem. Much of it, as the recommendations outlined here indicate, was constructive and thoughtful. We also resolved to test whether the views we were hearing were representative of the two million young BAME people in England and Wales, each of them a key part of twenty-first century Britain's future. Polling has confirmed, worryingly, that they were. Almost 1.5 million young BAME people, for example, believe police stop and search powers are currently used unfairly toward their communities. We inhabit a country where it's becoming a truth universally acknowledged that politicians, policymakers and those who lead our public services don't listen enough to those they serve. We hope that all of them - including Police & Crime Commissioners and Chief Constables - will not just listen to the two million young people to whom this report gives voice. We hope they'll now act, and ensure that history does not repeat itself again. Details: London: Barrow Cadbury Trust, 2017. 28p. Source: Internet Resource: Accessed July 27, 2017 at: https://www.barrowcadbury.org.uk/wp-content/uploads/2017/06/No-Respect-CJA-June-2017.pdf Year: 2017 Country: United Kingdom URL: https://www.barrowcadbury.org.uk/wp-content/uploads/2017/06/No-Respect-CJA-June-2017.pdf Shelf Number: 146586 Keywords: Minorities Racial Disparities Racial Profiling Racial Profiling in Law Enforcement Stop and Search

Author: Vallas, Rebecca Title: Forfeiting the American Dream: How Civil Asset Forfeiture Exacerbates Hardship for Low-income Communities and Communities of Color Summary: In the United States, the basic tenet of the criminal justice system is that one is presumed innocent until proven guilty. However, over the past several decades, many thousands of people across the country have had their property seized by the government without being charged with a crime. Regardless of these individuals' innocence, their cash, homes, cars, and personal property can be taken if law enforcement believes it was involved in a crime or if it is the proceeds of a crime. This practice, known as civil asset forfeiture, was established as a tool to dismantle criminal organizations. But over the past 30 years, the use - and in many cases abuse - of this practice has spiraled well beyond the purposes for which it was created. In recent years, civil asset forfeiture has come to create perverse incentives that can lead law enforcement agencies to seek profit over justice. For many years, one of the primary drivers of these perverse incentives has been a federal practice called equitable sharing. Under this practice, state and local law enforcement can have a seizure adopted by the federal government - that is to say, placed under federal jurisdiction - and be allowed to keep up to 80 percent of the proceeds from the adopted seizures, with the remaining 20 percent going to federal agencies. Some $3 billion in seizures were distributed through equitable sharing between 2008 and 2014. Amid media and public controversy around the program, equitable sharing was curtailed in 2015 by then - U.S. Attorney General Eric Holder. While the new federal policy that Attorney General Holder put in place last year was without question a step in the right direction, it left room for continued abuses. Today, congressional lawmakers continue to work on a bipartisan basis to pass federal legislation to achieve further reform.6 Moreover, many states still have laws on the books that permit unjust and harmful civil asset forfeiture practices. Without additional reform, innocent people across the United States will continue to face seizure of their cash, vehicles, and even homes - many without ever having their day in court. In Michigan, for example, an elderly disabled woman had every penny of her savings taken by law enforcement�money she had received from disability payments and a car accident settlement - even though the government had not proven that it was connected to illegal activity. This left her unable to challenge the seizure because she had no funds left to post the bond in court. A low-income Philadelphia grandmother had her house seized because her niece's boyfriend was accused of selling drugs outside her home. And a Los Angeles taco truck owner had thousands of dollars of earned taco sales taken by law enforcement despite no evidence of criminal activity. While he initially challenged the seizure, he was forced to drop the case because it was too expensive to fight and he feared the legal proceedings would risk the deportation of his relatives. Although civil asset forfeiture affects people of every economic status and race, a growing array of studies indicates that low-income individuals and communities of color are hit hardest. The seizing of cash, vehicles, and homes from low-income individuals and people of color not only calls law enforcement practices into question, but also exacerbates the economic struggles that already plague those communities. Making matters worse, these individuals are the least able to shoulder the cost required to regain their property through complicated legal proceedings that are heavily weighted in favor of law enforcement. Moreover, because there is no constitutional right to an attorney in forfeiture cases, property owners who cannot afford legal representation are often left with no choice but to attempt to represent themselves in court. Fortunately, as bipartisan outrage at unjust civil asset forfeiture practices continues to grow across the United States, policymakers have a unique opportunity to find common ground and enact laws that restore forfeiture to its original purpose. While federal reform is urgently needed, states can do a great deal to protect their residents - and especially vulnerable populations - from the abuse of civil asset forfeiture laws. This report provides an overview of the rise of civil asset forfeiture abuse by law enforcement, highlights the impact of these abusive practices on low-income individuals and communities of color, and offers steps that state policymakers can take to prevent civil asset forfeiture abuses from pushing already struggling families and communities into or deeper into poverty Details: Washington, DC: Center for American Progress, 2016. 26p. Source: Internet Resource: Accessed August 5, 2017 at: https://cdn.americanprogress.org/wp-content/uploads/2016/04/01060039/CivilAssetForfeiture-reportv2.pdf Year: 2016 Country: United States URL: https://cdn.americanprogress.org/wp-content/uploads/2016/04/01060039/CivilAssetForfeiture-reportv2.pdf Shelf Number: 146730 Keywords: Asset Forfeiture Civil Asset Forfeiture Racial Disparities

Author: Kelley, Erin Title: Racism & Felony Disenfranchisement: An Intertwined History Summary: The United States stands alone among modern democracies in stripping voting rights from millions of citizens on the basis of criminal convictions. Across the country, states impose varying felony disenfranchisement policies, preventing an estimated 6.1 million Americans from casting ballots. To give a sense of scope - this population is larger than the voting-eligible population of New Jersey. And of this total, nearly 4.7 million are people living in our communities - working, paying taxes, and raising families, all while barred from joining their neighbors at the polls. This widespread disenfranchisement disproportionately impacts people of color.5 One in every 13 voting-age African Americans cannot vote, a disenfranchisement rate more than four times greater than that of all other Americans. In four states, more than one in five black adults are denied their right to vote. Although the data on Latino disenfranchisement is less comprehensive, a 2003 study of ten states ranging in size from California to Nebraska found that nine of those states "disenfranchise the Latino community at rates greater than the general population." While the origins of disenfranchisement can be traced back to early colonial law in North America, and even farther back to ancient Greece, the punishment was typically applied only in individual cases for particularly serious or elections-related crimes. It wasn't until the end of the Civil War and the expansion of suffrage to black men that felony disenfranchisement became a significant barrier to U.S. ballot boxes. At that point, two interconnected trends combined to make disenfranchisement a major obstacle for newly enfranchised black voters. First, lawmakers - especially in the South - implemented a slew of criminal laws designed to target black citizens. And nearly simultaneously, many states enacted broad disenfranchisement laws that revoked voting rights from anyone convicted of any felony. These two trends laid the foundation for the form of mass disenfranchisement seen in this country today. Details: New York: Brennan Center for Justice at New York University School of Law, 2017. 6p. Source: Internet Resource: Accessed August 7, 2017 at: https://www.brennancenter.org/sites/default/files/publications/Disenfranchisement_History.pdf Year: 2017 Country: United States URL: https://www.brennancenter.org/sites/default/files/publications/Disenfranchisement_History.pdf Shelf Number: 146769 Keywords: Collateral Consequences Criminal Disenfranchisement Felony Disenfranchisement Felony Offenders Racial Disparities Voting Rights

Author: Brinkley-Rubinstein, Lauren Title: Repeated Police Contact, Profiling, and Incarceration as Catalysts for Worsening Health Summary: Whereas the last several years have had a slight decline in the number of individuals incarcerated, the rate of incarceration in America continues to soar (Sabol, 2013). Today over 7 million people are involved in the criminal justice system including 2.1 million in jails or prisons and over 4 million on probation or parole - representing a 365% increase from 1980 (Sabol, 2013). Much study has been devoted to uncovering the possible impact of incarceration on individuals, families, and communities. As a result, we know that the criminal justice system can cause extended harm to the lives and health of those touched by the criminal justice system and due to this understanding of the negative impact of incarceration, policy is beginning to shift. Many policy changes on the horizon (e.g., the Affordable Care Act, moving away from one size fits all sentencing) have the potential to limit the number of individuals who are arrested and subsequently go to jail or prison. However, even though the landscape for change is fertile, low-income, minority individuals still disproportionately experience the criminal justice system and the associated harms caused by both frequent police interaction and the carceral experience. Low-income African Americans have a much higher rate of contact with the criminal justice system, including the police. Police interaction among African Americans is routinely much higher than among their White counterparts (Sabol & Couture, 2008). Researchers at the Morris Justice Project (2013) found that in one neighborhood in the Bronx, 89% of African American individuals reported being stopped by police in the previous year and 54% reported being stopped more than four times. In contrast, only 24% of White individuals surveyed in the East Village were stopped. However, the arrest rate for the White individuals was 76% while only 9% of the stops in the Bronx resulted in an actual arrest (Morris Justice Project, 2013). African Americans also experience extremely disparate rates of incarceration. African American men specifically are incarcerated at a rate that is 650% greater than their White male counterparts (Sabol & Couture, 2008). African Americans and Whites have nearly the exact same rate of drug use (7.4% for African Americans and 7.2% for Whites). However, African Americans constitute almost 63% of drug arrests and more than 80% of drug possession arrests despite constituting only 13% of the total population (Fellner, 2008, 2009). The Bureau of Justice Statistics has projected that one in every three African American males is likely to go to jail or prison in his lifetime (Bonczar, 2003). Incarceration can negatively affect many areas of one�s life including employment, education, and, most relevant herein, overall wellbeing and health (Alexander, 2010; Drucker, 2011). This dissertation is largely informed by the Incarceration as a Catalyst for Worsening Health (ICWH) model (Brinkley-Rubinstein, 2013), which is a framework that illustrates how incarceration can be damaging to health. However, an unexpected finding of the dissertation project is that many individuals who are detrimentally affected by incarceration also have disproportionate contact with police, which also has a relationship with health. The current chapter acts as an introduction to the dissertation and includes (a) a literature review of the existing scholarship relevant to the criminal justice system and health; (b) an overview of the ICWH model and a reflection on the mechanisms of police profiling that might also affect health; (c) a section devoted to the intersection of HIV and the criminal justice system as this dissertation specifically includes research relevant to incarceration and health of people living with HIV; and (d) a summary of each of the three empirical papers presented in this dissertation. Details: Nashville, TN: Vanderbilt University, 2015. 140p. Source: Internet Resource: Dissertation: Accessed August 21, 2017 at: http://etd.library.vanderbilt.edu/available/etd-03182015-212628/unrestricted/LBR_Dissertation_3_27_LBR.pdf Year: 2015 Country: United States URL: http://etd.library.vanderbilt.edu/available/etd-03182015-212628/unrestricted/LBR_Dissertation_3_27_LBR.pdf Shelf Number: 146790 Keywords: African Americans Police Contact Racial Disparities Racial Profiling in Law Enforcement Stop and Search

Author: Amnesty International Title: USA: Death in Florida Summary: It is a tale of two states. One is a modern internationally connected state, linked to the rest of the world through trade and tourism and known among other things for its health, software and space technology industries. The other is an outlier state stuck in the past, connected to a punishment which in the 21st century sets it apart from much of the world. Both are the US State of Florida, which is days away from conducting its first judicial killing in a year and a half, even as much of the country has turned against this policy. "There will be robust debates on the best direction for Florida", Governor Rick Scott proclaimed in his second inaugural address in 2015. Four years earlier, he had promised "bold, positive change". Not when it comes to the death penalty, however. In March 2017, he responded to a State Attorney's decision not to pursue the death penalty because of its demonstrable flaws by ordering her replacement with a prosecutor willing to engage in this lethal pursuit. Since then the governor has transferred 26 capital murder cases to his preferred prosecutor. Two of these cases have already resulted in juries voting for death sentences. In January 2016, Florida was eight executions short of becoming the fourth state in the USA to conduct 100 executions since 1976 when the US Supreme Court stopped it in its tracks. The Court ruled Florida's capital sentencing statute unconstitutional for giving jurors only an "advisory" role in who would end up on death row. Eighteen months later, capital trials are back on and the Florida execution machine is being readied to kill again, starting on 24 August. The prisoner selected to be first in line for lethal injection is Mark Asay, sent to death row in 1988. He is also set to become the first white person in Florida to be put to death for the murder of a black victim. This "sad statistic" wrote Florida Supreme Court Justice James Perry, himself African American, dissenting against the December 2016 decision to lift Mark Asay's stay of execution, is a "reflection of the bitter reality that the death penalty is applied in a biased and discriminatory fashion, even today". Even now, at the 11th hour of this 30- year-old case, the race-of-victim issue has come to the fore after the state Supreme Court admitted it had for years wrongly described both murder victims as black, when one was not. In any event, this is a moment to reflect upon an often overlooked aspect of Florida's history - that it was a leader in lynching in the South and slow to eradicate this phenomenon in the 20th century - and upon the all too often ignored fact that today it remains a diehard death penalty state even as political support for this cruel, racially biased, error-prone and unnecessary punishment has waned elsewhere in the USA. Racial discrimination was one of the death penalty's flaws - along with its costs, risks and failure as a deterrent - cited by State Attorney Aramis Ayala, the first African American to be elected to that position in Florida, in explaining her decision to drop pursuit of death sentences. So this is not just a tale of two states. It is also the tale of two officials who have taken very different approaches to the evidence that the death penalty is a failed policy. One says drop it, it is a waste of resources, prone to discrimination, arbitrariness and error, and makes promises to murder victims' families it cannot keep. The other says crank up the machinery of death. One is acting consistently with international human rights principles. The other is not. Details: London: AI, 2017. 29p. Source: Internet Resource: accessed August 25, 2017 at: https://www.amnestyusa.org/wp-content/uploads/2017/08/Florida-Death-Penalty-Briefing-ENG.pdf Year: 2017 Country: United States URL: https://www.amnestyusa.org/wp-content/uploads/2017/08/Florida-Death-Penalty-Briefing-ENG.pdf Shelf Number: 146899 Keywords: Capital Punishment Death Penalty Racial Disparities

Author: New York State. Office of the Attorney General Title: A Report on Arrests Arising from the New York City Police Department's Stop-and-Frisk Practices Summary: The stop-and-frisk practice of the New York City Police Department ("NYPD") has been the subject of significant public debate and litigation. Much of the discourse has focused on the practice's constitutionality and its impact on African-American, Latino, and other minority communities. A federal court decision, Floyd v. City of New York, declared stop and frisk unconstitutional as practiced in New York City. That decision has been stayed and is now on appeal to the Second Circuit. Neither the appeal nor the lower court decision, however, addresses the effectiveness of stop and frisk in combating crime. Supporters and opponents of the practice agree that only 6% of all stops result in an arrest. Yet until now, no known study has sought to assess what happens following those arrests. By analyzing close to 150,000 SQF arrests from 2009 through 2012 (out of the approximately 2.4 million stops conducted during those years), this report offers new data on the outcomes of the NYPD's stop-and-frisk practice. The report's key findings include the following: Close to half of all SQF arrests did not result in a conviction; Fewer than one in four SQF arrests - or 1.5% of all stops-resulted in a jail or prison sentence; Just one in fifty SQF arrests - or about 0.1% of all stops-led to a conviction for a crime of violence; Just one in fifty SQF arrests - or about 0.1% of all stops - led to a conviction for possession of a weapon; and Almost one quarter of SQF arrests (24.7%) were dismissed before arraignment or resulted in a non-criminal charge such as an infraction or a violation at the time of arraignment. Details: Albany: Office of the Attorney General, 2013. Source: Internet Resource: Accessed August 25, 2017 at: https://ag.ny.gov/pdfs/OAG_REPORT_ON_SQF_PRACTICES_NOV_2013.pdf Year: 2013 Country: United States URL: https://ag.ny.gov/pdfs/OAG_REPORT_ON_SQF_PRACTICES_NOV_2013.pdf Shelf Number: 131684 Keywords: Racial Disparities Racial Profiling Racial Profiling in Law Enforcement Stop and Frisk Stop and Search

Author: Owusu-Bempah, Akwasi Title: Black Males' Perceptions of and Experiences with the Police in Toronto Summary: Canada is commonly depicted as a diverse and tolerant immigrant-receiving nation, accepting of individuals of various racial, ethnic, and religious backgrounds. Nevertheless, Canadian institutions have not been immune to allegations of racial bias and discrimination. For the past several decades, Toronto's Black communities have directed allegations of racial discrimination at the police services operating within the city. Using a mixed-methods approach, this thesis examines Black males' perceptions of and experiences with the police in the Greater Toronto Area. In order to provide a comprehensive examination of this issue, this thesis is comprised of three studies with three distinct groups of Black males. The first of these three studies utilizes data from a representative sample of Black, Chinese, and White adults from the Greater Toronto area to examine racial and gender differences in perceptions of and experiences with the police. The second study draws on data from a sample of young Black men recruited from four of Toronto's most disadvantaged and high crime neighbourhoods to examine the views and experiences of those most targeted by the police. The final study involves interviews with Black male police officers in order to draw on the perspectives of those entrusted with enforcing the law. In line with a mixed-model hypothesis, the findings suggest that Black males' tenuous relationship with the police is a product of their increased involvement in crime, as well as racism on the part of police officers and police services. Using insights drawn from Critical Race Theory, I suggest that both the increased levels of crime and the current manifestations of racism have a common origin in Canada's colonial past. Details: Toronto: Centre for Criminology and Sociolegal Studies, University of Toronto, 2014. Source: Internet Resource: Dissertation: Accessed August 28, 2017 at: https://search.proquest.com/docview/1668381846?pq-origsite=gscholar Year: 2014 Country: Canada URL: https://search.proquest.com/docview/1668381846?pq-origsite=gscholar Shelf Number: 146916 Keywords: Minorities Police-Community Relations Police-Minority Relations Racial Discrimination Racial Disparities

Author: Nguyen, Viet Title: California Probation in the Era of Reform Summary: Recent reforms significantly altered the role of probation in California. In 2011, the state enacted public safety realignment, which shifted the management of lower-level felons from state prison and parole to county jail and probation. As part of this effort, realignment tasked probation departments with the supervision of certain offenders who were previously the responsibility of state parole agencies. These and other policy changes have placed considerable demands on local corrections systems. This report uses newly available data to describe the changing characteristics of individuals under probation supervision in California. Examining data from 12 counties from October 2011 to October 2015, we find: - Reforms shifted probation caseloads toward more serious offenders. Under realignment, the number of new probation cases increased steadily due to the added responsibility of managing two types of realigned offenders: those released from state prison on post-release community supervision and those given "split sentences," who serve part of their sentence in county jail and then receive mandatory supervision. While Proposition 47 in 2014 caused new felony and misdemeanor probation cases to decline dramatically, it further concentrated the probation caseload on realigned individuals who have committed more serious offenses. - Jail bookings are common among the probation population, especially for realigned offenders. Nearly half (46.7%) of people who started probation supervision were booked into county jail within their first year. Booking rates were highest among realigned offenders. These same individuals were also more likely to enter jail multiple times in the year after they started supervision. Further, realigned offenders stayed in jail custody longer than traditional felony and misdemeanor probation cases. - Racial disparities in probation are most evident among African Americans. African Americans make up 7.9 percent of the general population but were 22.9 percent of those entering probation supervision. Overall, the shares of Latinos and whites under probation supervision were similar to their shares of the general population, while Asian Americans made up a much smaller proportion of new probation cases relative to their share of the population. These findings demonstrate important changes in the composition of the probation population and reflect a policy shift toward refocusing correctional resources on the most serious offenders. Future research will need to consider the implications of these changes for public safety and the overall cost-effectiveness of the corrections system. Counties may also need to adopt different policies and practices in response to the changing probation population. Indeed, many counties have expanded their reentry services or are using new tools to identify and prioritize individuals who pose a greater likelihood of reoffending - such efforts may be key to lowering the state's stubbornly high recidivism rates. Details: San Francisco: Public Policy Institute of California, 2017. 20p. Source: Internet Resource: Accessed September 7, 2017 at: http://www.ppic.org/wp-content/uploads/r_0817vnr.pdf Year: 2017 Country: United States URL: http://www.ppic.org/wp-content/uploads/r_0817vnr.pdf Shelf Number: 147154 Keywords: Community Supervision Criminal Justice Reform Offender Supervision Probation Public Safety Realignment Racial Disparities

Author: Lammy, David Title: The Lammy Review: An independent review into the treatment of, and outcomes for, Black, Asian and Minority Ethnic individuals in the Criminal Justice System Summary: Across England and Wales, people from minority ethnic backgrounds are breaking through barriers. More students from Black, Asian and Minority Ethnic (BAME) backgrounds are achieving in school and going to university. There is a growing BAME middle class. Powerful, high-profile institutions, like the House of Commons, are slowly becoming more diverse. Yet our justice system bucks the trend. Those who are charged, tried and punished are still disproportionately likely to come from minority communities. Despite making up just 14% of the population, BAME men and women make up 25% of prisoners, while over 40% of young people in custody are from BAME backgrounds. If our prison population reflected the make-up of England and Wales, we would have over 9,000 fewer people in prison5 - the equivalent of 12 average-sized prisons. There is greater disproportionality in the number of Black people in prisons here than in the United States. These disproportionate numbers represent wasted lives, a source of anger and mistrust and a significant cost to the taxpayer. The economic cost of BAME overrepresentation in our courts, prisons and Probation Service is estimated to be L309 million a year. This report is the product of an independent review, commissioned by two Prime Ministers. The review was established to 'make recommendations for improvement with the ultimate aim of reducing the proportion of BAME offenders in the criminal justice system'. It reflects a growing sense of urgency, across party-political lines, to find solutions to this inequity. The Review This review has two distinctive features, the first of which is its breadth. The terms of reference span adults and children; women and men. It covers the role of the Crown Prosecution Service (CPS), the courts system, our prisons and young offender institutions, the Parole Board, the Probation Service and Youth Offending Teams (YOTS). A comprehensive look at both the adult and youth justice systems was overdue. Secondly, whilst independent of the government, the review has had access to resources, data and information held by the criminal justice system (CJS) itself. In the past, too much of this information has not been made available to outsiders for scrutiny and analysis. As a result, this review has generated analysis that breaks new ground on race and criminal justice in this country. The focus of the review is on BAME people, but I recognise the complexity of that term. Some groups are heavily overrepresented in prison - for example Black people make up around 3% of the general population but accounted for 12% of adult prisoners in 2015/16; and more than 20% of children in custody. Other groups, such as Mixed ethnic adult prisoners, are also overrepresented, although to a lesser degree. The proportion of prisoners who are Asian is lower than the general population but, within categories such as 'Asian' or 'Black' there is considerable diversity, with some groups thriving while others struggle. This complexity mirrors the story in other areas of public life. In schools, for example, BAME achievement has risen but not in a uniform way. Chinese and Indian pupils outperform almost every other group, while Pakistani children are more likely to struggle. Black African children achieve better GCSE exam results, on average, than Black Caribbean children.16 Wherever possible this report seeks to draw out similar nuances in the justice system. The review also addresses the position of other minorities who are overlooked too often. For example, Gypsies, Roma and Travellers (GRT) are often missing from published statistics about children in the CJS, but according to unofficial estimates, are substantially over-represented in youth custody, for example, making up 12% of children in Secure Training Centres (STC). Muslims, meanwhile, do not fall within one ethnic category, but the number of Muslim prisoners has increased from around 8,900 to 13,200 over the last decade. Both groups are considered within scope for this review Details: London: U.K. Government, 2017. 108p. Source: Internet Resource: Accessed September 11, 2017 at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/643001/lammy-review-final-report.pdf Year: 2017 Country: United Kingdom URL: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/643001/lammy-review-final-report.pdf Shelf Number: 147210 Keywords: Criminal Justice Systems Ethnic Groups Minority Groups Racial Disparities Racial Prejudice

Author: Davis, Alicia J. Title: How Has the Baltimore County Public School System Addressed Disproportionate Minority Suspensions? Summary: Disproportionate minority contact refers to the higher proportion of minority youth who come into contact with the juvenile justice system (Office of Juvenile Justice and Delinquency Prevention [OJJDP], 1999). Researchers have found overrepresentation at every point of contact, from arrest to referral to adjudication (Hamparian & Leiber, 1997; Kakar, 2006). Furthermore, research has shown that the school system is yet another point of contact, where minority students are disproportionately arrested or referred to the juvenile justice system. Nicholas-Crotty, Birchmeier, and Valentine (2009) argue that the disproportionate use of exclusionary discipline by schools has created patterns of disproportionate minority contact, which ultimately are replicated, at least in part, by referrals to juvenile courts. They examined school disciplinary data from 53 Missouri counties and found that schools disproportionately targeting African American students for exclusionary sanctions also experienced higher rates of juvenile court referrals for African American youth. This trend has been defined as the school-to-prison pipeline (STPP), which is a system of educational public safety policies that pushes students out of school and into the criminal justice system (N.Y. Civil Liberties Union, n.d.). The STPP is fueled by zero-tolerance school policies. Zero-tolerance policies have been blamed for many of the disparities in school disciplinary actions. These policies, initially intended to deter serious offenses from occurring in schools, now include mostly minor offenses leading to more suspensions and expulsions (Johnson-Davis, 2012; Skiba, 2004). According to Skiba and Knesting (2001), 94 percent of schools now have some form of zero-tolerance policy in effect. In addition, although all races and genders are affected by these strict policies, researchers find that children of color are impacted the most (Advancement Project, 2005). For years, researchers and advocates have attempted to expose the negative consequences of zero-tolerance policies, such as the STPP. Studies across the nation - notably in Florida, Maryland, North Carolina, and Oregon public schools - have proven that minority students are overrepresented in the use of out-of-school suspensions (Florida State Conference NAACP, 2006; Johnson-Davis, 2012; Langberg & Brege, 2009; Portland Public Schools, 2002-03). Consequently, students are directly and indirectly being filtered into the juvenile justice system. Studies also have shown that children who have been suspended are more likely to be retained in grade, to drop out, to commit a crime, and/or to end up incarcerated (Johnson-Davis, 2012). Johnson-Davis (2012) conducted a study on Maryland's Baltimore County Public Schools (BCPS) for the 2008-09 school year and found that out of 103,180 students, 20,178 (19.5 percent) were suspended out of school. Of this number, 13 percent were in elementary school, 28 percent were in middle school, and 55 percent were in high school. At all school levels, suspensions were given most for disrespect/insubordination/disruption offenses. For these minor infractions, the percentage of suspensions given in elementary school, middle school, and high school were 24 percent, 44 percent, and 41 percent, respectively. The main focus of the BCPS study was to determine if a relationship existed between African American students and disproportionate school discipline practices in the system. The study explored the relationship between African American students and suspensions (in and out of school), and attempted to determine if that relationship varied based on students' academic performance. Results of a correlation and chi-square analysis showed that there was a significant relationship between African American students and suspension rates in BCPS (Johnson-Davis, 2012). The data revealed the strongest relationship in elementary schools. Specifically, a significant relationship was observed between the percentage of African American students and both in-school (0.328) and out-of-school (0.634) suspensions. Also, in high schools, a significant relationship was revealed between the percentage of African American students and in-school (0.465) suspensions. Additionally, a logistic regression analysis was used to determine if the percentage of African American students significantly predicted school suspensions when controlling for the effects of gender and student performance on standardized math tests (Johnson-Davis, 2012). Again, in elementary schools, the percentage of African American students was significantly and positively related to out-of-school suspensions even after controlling for gender and student performance on standardized math tests. Furthermore, the analysis revealed that performance on the standardized math test was significantly and negatively related to out-of-school suspensions in elementary schools, suggesting that African American youth who scored high on the standardized math test were less likely to receive an out-of-school suspension than African American youth who performed poorly (Johnson-Davis, 2012). Details: Baltimore: Schaefer Center for Public Policy University of Baltimore - College of Public Affairs, 2015. 38p. Source: Internet Resource: Accessed October 4, 2017 at: https://www.ubalt.edu/cpa/schaefer-center/minority_-suspensions_report_revised.pdf Year: 2015 Country: United States URL: https://www.ubalt.edu/cpa/schaefer-center/minority_-suspensions_report_revised.pdf Shelf Number: 147542 Keywords: Disproportionate Minority Contact Racial Disparities School Discipline School Suspensions School-to-Prison Pipeline Zero Tolerance Policy

Author: Nishioka, Vicki Title: What We Know About Reducing Disproportionate Suspension Rates for Students of Color: A Literature Summary Summary: In Oregon and across the nation, educators are concerned about higher suspension rates for students of color, compared to White students. The Oregon Leadership Network (OLN) Research Alliance is a partnership of districts committed to using data and research to eliminate racial and ethnic disparities in their schools. As part of their multifaceted efforts, the districts requested a literature summary that addresses two research questions: What schoolwide and classroom practices are associated with reduced racial or ethnic disproportionality in the rate of discipline referrals and suspensions for middle and high school students? What do we know about the impact of practices that OLN districts use to reduce disproportionate rates of discipline referrals and suspensions in their secondary schools? We reviewed over 8,900 studies on approaches to student discipline but found few that address these questions, and fewer still that do so using a rigorous research design. Although there are numerous studies that describe the problem of disproportionality in suspension rates for students of color, we found only 12 studies that described potential solutions. All but one of these were descriptive studies that identified classroom and school practices associated with reduced disproportionality and/or reduced suspension rates for students of color. Only one study, an experimental study of Responding in Peaceful and Positive Ways (RiPP), provided evidence of its positive impact on reducing in-school suspension rates in schools with predominantly African American student populations. However, the intervention had no effect on the rate of out-of-school suspensions. The descriptive studies report that students experience fewer suspensions if their teachers are caring and have high expectations for them to achieve. Structured learning environments that explicitly teach students social and behavioral expectations also have lower rates of racial disproportionality. Effective classroom management is particularly important for middle school grades. In high school, parental involvement in school is associated with reduced discipline rates. We found that teachers who had additional resources and professional development to help them address classroom misbehavior also had fewer problems. The limited research contributes to the challenge of reducing disproportionate use of suspensions. While there may be other successful school or classroom approaches to this issue, they do not have evidence that supports claims that these approaches reduce disproportionate suspension practices. Additional research is also needed to examine the impact of programs on a variety of student groups, as the majority of studies focus on African American students, almost to the exclusion of other racial groups. The challenge of eliminating disproportionate suspension rates requires schools to develop and implement school improvement plans that will address the needs of diverse, multicultural student populations. The OLN alliance will use this summary to develop a strategic plan for reducing disproportionate rates of discipline and suspensions across the alliance and within their own districts. Details: Portland, OR: Educational Northwest, 2012. 45p. Source: Internet Resource: Accessed October 9, 2017 at: https://www.cosa.k12.or.us/downloads/profdev/Safe%20Schools%20Summit/SOC.pdf Year: 2012 Country: United States URL: https://www.cosa.k12.or.us/downloads/profdev/Safe%20Schools%20Summit/SOC.pdf Shelf Number: 147621 Keywords: Racial Disparities School Discipline School Suspensions

Author: Loveless, Tom Title: The 2017 Brown Center Report on American Education: How Well are American Students Learning? With sections on the latest international test scores, foreign exchange students, and school suspensions Summary: This Brown Center Report (BCR) on American Education is the sixth and final edition in the third volume and the 16th issue overall. The series began in 2000. As in the past, the report comprises three studies. Also in keeping with tradition, the first section features recent results from state, national, or international assessments; the second section investigates a thematic topic in education, either by collecting new data or by analyzing existing empirical evidence in a novel way; and the third section looks at one or more education policies. In Part I, this year's focus is on the latest results from two international tests, the Program for International Student Assessment (PISA) and the Trends in International Mathematics and Science Study (TIMSS). Both tests were administered in 2015, and the U.S. participated in both. TIMSS tests fourth and eighth grade students in math and science. PISA tests 15-year-olds in reading literacy, mathematics literacy, and science literacy. TIMSS began in 1995. From 1995-2015, the U.S. made statistically significant gains on TIMSS fourth grade math, eighth grade math, and eighth grade science assessments. The four-point scale score gain in fourth grade science is not statistically significant. PISA began in 2000. Since PISA's inception, U.S. scores have been flat on all three subjects; however, the 2015 math score of 470 marks a significant decline from 481 in 2012 and 487 in 2009. Part II revisits one of the most popular studies in BCR history, a 2001 survey of foreign exchange students. The same survey was conducted in 2016. The idea is simple, asking kids from abroad who have attended U.S. high schools what they think about U.S. education and their American peers. Comparing the results, 15 years apart, suggests that not much has changed. International students still think U.S. schools are much less challenging than schools in their home countries and that American teens are more focused on success at sports compared to their peers back home. Part III examines race and school discipline. Exclusionary punishments, those that remove students from schools, have come under fire in recent years. California officials have been pushing schools to reduce out-of-school suspensions, especially because of the racial disparities associated with that form of discipline. The policy has succeeded in reducing suspensions in the state - they are down dramatically - but racial disparities persist. Black students continue to be suspended at three to four times their proportion of student enrollment. The study examines three years (2013-2015) of California school-level data (a sample of 7,180 schools) to identify characteristics of schools that are correlated with high- and low- suspension-rates for African-American kids. Schools with large populations, schools exclusively serving middle school grades (e.g., grades six to eight), and schools serving a high proportion of poor or black students are all associated with elevated suspension rates for African-Americans. Disciplinary reformers have promoted restorative programs as alternatives to exclusionary punishment, but the approaches are controversial and the empirical evidence of their impact is limited. The current study cannot draw causal conclusions, but altering the structural characteristics of schools associated with higher suspension rates should be considered in future reform efforts. Details: Washington, DC: Brown Center on Education Policy at Brookings, 2017. 38p. Source: Internet Resource: Volume 3, Number 6: Accessed October 10, 2017 at: https://www.brookings.edu/wp-content/uploads/2017/03/2017-brown-center-report-on-american-education.pdf Year: 2017 Country: United Kingdom URL: https://www.brookings.edu/wp-content/uploads/2017/03/2017-brown-center-report-on-american-education.pdf Shelf Number: 147654 Keywords: Educational Programs Racial Disparities School Discipline School Suspensions

Author: United States Commission on Civil Rights Title: Targeted Fines and Fees against Low-Income People of Color: Civil Rights and Constitutional Implications Summary: The report examines (1) the reality - and real harm - of cities imposing fines and fees on residents to raise city funds rather than to secure legal compliance and increase public safety and (2) the U.S. Department of Justice's enforcement efforts to encourage constitutional practices and hold jurisdictions accountable for constitutional violations stemming from the way these jurisdictions impose fines and fees. The Commission's findings are drawn from diverse perspectives across the political spectrum, shared at two public briefings with policy experts, federal officials, state judges and court administrators, and advocacy groups. To prepare the report, the Commission also received information from the Department of Justice (DOJ) and reviewed relevant literature and data. By majority vote, the Commission finds: Many jurisdictions now require courts to collect fees for civil and criminal activities - such as traffic violations - in addition to government programs unrelated to courts. In almost every state, juvenile courts impose court costs, fines, and fees on youth, their families, or both - even though research shows that imposing such fees is ineffective to actually generate revenue. Some cities target poor citizens and communities of color for fines and fees, using law enforcement as ticketing and collections agencies to increase municipal revenues, rather than to improve public safety and civil compliance. Targeting the poor and communities of color for fines and fees undermines public confidence in the judicial system. Best practices should break the connection between revenue from fines and fees and the budget needs of cities and courts. U.S. Department of Justice efforts begun in the Obama Administration to discourage these practices have increased access to justice and should continue in the Trump Administration. These conclusions draw on bipartisan consensus, reflected in public testimony to the Commission, as well as in research and data the Commission reviewed, that cities' practices of preying financially on their own residents and targeting low income persons and persons of color are at best unwise and all too often unlawful. Americans for Tax Reform President Grover Norquist crystalized the concerns of criminalizing poverty: "No one should have to fear being jailed for light speeding, having a tail light out, or not wearing a seatbelt. Not only is it wrong to potentially ruin someone's life over small infractions, but incarcerating an individual can often times cost the government more money as they waste resources on people who pose no threat to the community. The DOJ and the United States Commission on Civil Rights has a duty to encourage better practices in municipal courts to avoid abuse." Former Obama Justice Department official Chiraag Bains noted the agreement on this issue across the political spectrum, pointing out the common threads in advocating for court reform: "Unlawful and unfair practices involving excessive fines, the incarceration of the poor because of their inability to pay, and racially disparate enforcement violate core American values: liberty, fairness, equality." By majority vote, the Commission recommends: Courts and cities should use a common standard to evaluate an individual's ability to pay, presuming inability to pay for individuals who are homeless, incarcerated, confined to a mental health facilities, juveniles, or whose income is below the poverty level. DOJ should coordinate data collection and publicly share data and analysis of court fines and fees across the country. Such data collection should include the race, gender, and ability status of persons against whom fines and fees are assessed, to determine whether the assessment practices have a disparate impact on the basis of a protected status. States and cities should remove the potential for or existence of conflict of interest incentives to assess fines and fees by, for example, returning revenue from fines and fees to a general budget fund and discontinuing the use of for-profit collections agencies. DOJ should investigate additional jurisdictions related to this topic, and, where appropriate, issue reports to incentivize further, national, reform. Congress should enact legislation to give DOJ authority to investigate courts that impose fines and fees in an unconstitutional manner. Courts and cities should provide counsel to contest the imposition of a fine or fee and to determine indigency, as appropriate. Details: Washington, DC: USCCR, 2017. 238p. Source: Internet Resource: Accessed November 3, 2017 at: http://www.usccr.gov/pubs/Statutory_Enforcement_Report2017.pdf Year: 2017 Country: United States URL: http://www.usccr.gov/pubs/Statutory_Enforcement_Report2017.pdf Shelf Number: 148017 Keywords: Civil Rights Court Fees Criminal Fees Criminal Fines Racial Disparities

Author: Sered, Danielle Title: Young men of color and the other side of harm: Addressing disparities in our responses to violence Summary: The challenges facing young men of color have moved to the forefront of public discourse on equity and opportunity. Attention is increasingly being paid to the disparities they experience, as well as to a variety of barriers to economic advancement, educational attainment, and positive health outcomes. Woven throughout this attention is a concern about the disproportionate involvement of young men of color in the criminal justice system as those responsible for crime. Still missing, however, is recognition that these young men are also disproportionately victims of crime and violence. There is no evidence suggesting that the same disparities that exist when young men of color are defendants disappear when they are victims. Addressing the structural biases that contribute to racial disparities in the criminal justice system, therefore, must include comparable consideration of their experience as victims. Addressing these disparities also requires recasting a persistent and pervasive narrative that over-represents young men of color as aggressors or criminals. This narrative, which is often amplified by the media, includes the misperception that violence and pain somehow impact young men of color less profoundly than other victims, a distortion that may limit our ability to accurately recognize symptoms of trauma (such as being overly reactive to perceived threats) as natural human responses to pain and fear rather than signs of character flaws or moral failure. Transforming this narrative matters, not only because young men of color internalize its negative messages, but because it can also powerfully shape how others see and treat them - with serious implications for social services, the criminal justice system, and the development of an equitable society more broadly. Details: New York: Vera Institute of Justice, 2014. 9p. Source: Internet Resource: Accessed November 8, 2017 at: http://archive.vera.org/sites/default/files/resources/downloads/young-men-color-disparities-responses-violence.pdf Year: 2014 Country: United States URL: http://archive.vera.org/sites/default/files/resources/downloads/young-men-color-disparities-responses-violence.pdf Shelf Number: 148081 Keywords: African Americans Crime Victims Minority Youth Racial Disparities

Author: Pretrial Justice Institute (PJI) Title: The State of Pretrial Justice in America Summary: The past five years have witnessed a remarkable growth in support for reforming our nation's pretrial justice system (the portion of criminal justice practice that begins with a person's first contact with law enforcement and ends once any resulting charges are resolved, usually through a plea, a trial, or dismissal). This unprecedented interest emerges from a growing awareness that existing pretrial operations lead to unnecessary detention of poor and working class people - disproportionately people of color - while those with money are able to go free with little or no supervision, regardless of any danger they may present. Current pretrial justice practice is, in short, unfair, unsafe, a waste of public resources, and a significant contributor the nation's widely recognized problem of mass incarceration. There is, of course, no single pretrial justice system in the United States. The structure of criminal justice in this country allows for significant variation from state to state, and even from county to county. This decentralization has its benefits. But it presents challenges to those who would seek systemic improvements. The Pretrial Justice Institute (PJI) developed this report card to minimize those challenges. Its foundational premise is that American pretrial practice - in any state or jurisdiction - should be able to maximize liberty among people who are entitled to the presumption of innocence, while also protecting public safety and ensuring effective court operations. This is, after all, an aspiration traced to our founding fathers and beyond, which former Chief Justice of the United States William Rehnquist eloquently summarized when he wrote, "In our society, liberty is the norm, and detention prior to trial or without trial is the carefully limited exception." The analysis presented here finds, however, that the state of pretrial justice in America falls far short of Chief Justice Rehnquist's vision. Too many people in the pretrial phase are locked up for days, weeks, and even months, when, according to both law and research, they should be released. Details: Rockville, MD: Pretrial Justice Institute, 2017. 16p. Source: Internet Resource: Accessed November 9, 2017 at: http://media.cleveland.com/plain_dealer_metro/other/State%20of%20Pretrial%20in%20America%20DRAFT-NOT%20FOR%20DISTRIBUTION%20(002)%20(1).pdf Year: 2017 Country: United States URL: http://media.cleveland.com/plain_dealer_metro/other/State%20of%20Pretrial%20in%20America%20DRAFT-NOT%20FOR%20DISTRIBUTION%20(002)%20(1).pdf Shelf Number: 148100 Keywords: Bail Pretrial Detention Pretrial Justice Racial Disparities

Author: Delay, Dennis Title: Disproportionate Minority Contact in New Hampshire: Juvenile Justice DMC Assessment Summary: National data suggests that minorities are overrepresented in juvenile justice systems across the country, and that DMC increases as youth move through the system. For example, the U.S. Department of Justice Civil Rights Division recently completed an investigation into the operations of the Juvenile Court of Memphis and Shelby County, Tennessee, and found extensive racial disparities in the treatment of African American children: African American youth are twice as likely as white youth to be recommended for transfer to adult court. Our analysis indicates that DMC does exist in the New Hampshire juvenile justice system. However, there are significant hurdles, both in terms of data reliability and statistical precision, in calculating trustworthy DMC measurements in New Hampshire, particularly outside of the state's larger municipalities. The Division for Juvenile Justice Services (DJJS) currently calculates DMC measurements along the nine points of contact for the cities of Manchester, Nashua and Rochester annually. We recommend that DJJS extend the detailed DMC calculation to the municipalities of Concord and Salem, and that consideration be given to establishing regional DMC committees in those municipalities. We also recommend that DMC data collection be improved in New Hampshire. Some of these efforts to gather better DMC data are already underway, including improvements in the design of the juvenile petition. The importance of more reliable DMC data cannot be overstressed, as identifying the reasons for DMC are critical as New Hampshire moves from identification of DMC, to assessment and finally to methods and approaches for reducing DMC in New Hampshire. Details: Concord, NH: New Hampshire Center for Public Policy Studies, 2013. 53p. Source: Internet Resource: Accessed November 18, 2017 at: http://www.nhpolicy.org/UploadedFiles/Reports/DMCAssessment2013.pdf Year: 2013 Country: United States URL: http://www.nhpolicy.org/UploadedFiles/Reports/DMCAssessment2013.pdf Shelf Number: 148223 Keywords: Disproportionate Minority Contact Ethnic Disparities Juvenile Justice systems Juvenile Offenders Racial Bias Racial Disparities

Author: Delay, Dennis Title: Juvenile Justice in New Hampshire; Disproportionate Minority Contact Identification 2013 Summary: National data suggests that minorities are overrepresented in juvenile justice systems across the country, and that DMC increases as youth move through the system. For example, the U.S. Department of Justice Civil Rights Division recently completed an investigation into the operations of the Juvenile Court of Memphis and Shelby County, Tennessee, and found extensive racial disparities in the treatment of African American children: African American youth are twice as likely as white youth to be recommended for transfer to adult court. Our analysis indicates that DMC does exist in the New Hampshire juvenile justice system. However, there are significant hurdles, both in terms of data reliability and statistical precision, in calculating trustworthy DMC measurements in New Hampshire, particularly outside of the state's larger municipalities. The Division for Juvenile Justice Services (DJJS) currently calculates DMC measurements along the nine points of contact for the cities of Manchester, Nashua and Rochester annually. We recommend that DJJS extend the detailed DMC calculation to the municipalities of Concord and Salem, and that consideration be given to establishing regional DMC committees in those municipalities. We also recommend that DMC data collection be improved in New Hampshire. Some of these efforts to gather better DMC data are already underway, including improvements in the design of the juvenile petition. The importance of more reliable DMC data cannot be overstressed, as identifying the reasons for DMC are critical as New Hampshire moves from identification of DMC, to assessment and finally to methods and approaches for reducing DMC in New Hampshire. Details: Concord, NH: New Hampshire Center for Public Policy Studies, 2013. 63p. Source: Internet Resource: Accessed November 18, 2017 at: http://www.nhpolicy.org/UploadedFiles/Reports/DMCIdentification2013.pdf Year: 2013 Country: United States URL: http://www.nhpolicy.org/UploadedFiles/Reports/DMCIdentification2013.pdf Shelf Number: 148224 Keywords: Disproportionate Minority Contact Ethnic Disparities Juvenile Justice systems Juvenile Offenders Racial Bias Racial Disparities

Author: Cox, Robynn Title: Financing the War on Drugs: The Impact of law Enforcement Grants on Racial Disparities in Drug Arrests Summary: We estimate the effectiveness of the Edward Byrne Memorial State and Local Law Enforcement Assistance Program, a grant program authorized under the 1988 Anti-Drug Abuse Act to combat illicit drug abuse and to improve the criminal justice system, on racial bias in policing. Funds for the Byrne Grant program could be used for a variety of purposes to combat drug crimes, as well as violent and other drug related crimes. The event-study analysis suggests that implementation of this grant resulted in an increase in police hiring and an increase in arrests for drug trafficking. Post-treatment effect implies a 107 percent increase in white arrests for drug sales compared to a 44 percent increase for blacks 6 years after the first grant is received. However, due to historical racial differences in drug arrests, the substantial increase in white drug arrest still results in large racial disparities in drug arrests. This is supported by weighted least squares regression estimates that show, for every $100 increase in Byrne Grant funding, arrests for drug trafficking increased by roughly 22 per 100,000 white residents and by 101 arrests per 100,000 black residents. The results provide strong evidence that federal involvement in narcotic control and trafficking lead to an increase in drug arrests; disproportionally affecting blacks. Details: Los Angeles: University of Southern California, 2017. 45p. Source: Internet Resource: CESR-Schaeffer Working Paper No. 2017-005: Accessed November 20, 2017 at: Year: 2017 Country: United States URL: Shelf Number: 148280 Keywords: Arrests Drug Enforcement Drug Offenders Racial Bias Racial Disparities War on Drugs

Author: Wilcox, Jessa Title: The Safe Alternatives to Segregation Initiative: Findings and Recommendations for the North Carolina Department of Public Safety Summary: In recent years, a diverse range of international and national bodies, advocates, federal and state policymakers, and corrections practitioners have called for prisons and jails to reform their use of segregation, also known as solitary confinement or restrictive housing. Whether citing the potentially devastating psychological and physiological impacts of spending 23 hours per day alone in a cell the size of a parking space, the cost of operating such highly restrictive environments, or the lack of conclusive evidence that segregation makes correctional facilities or communities safer, these voices agree that change and innovation are necessary. In 2015, with funding from the U.S. Department of Justice, Bureau of Justice Assistance, the Vera Institute of Justice partnered with the North Carolina Department of Public Safety (DPS) to help DPS reduce its use of segregation. Vera's assistance included conducting an assessment of DPS's use of segregation and providing ways to decrease its use. Key Reforms During the initiative, DPS began instituting several remarkable reforms, including: - A prohibition on the use of segregation for youth under 18 years of age; - The establishment of Therapeutic Diversion Units as an alternative to restrictive housing for people with greater mental health treatment needs; - The creation of a Rehabilitative Diversion Unit to help transition people from segregation to regular population; and - Mandated staff training on communication and de-escalation tools, to help limit the use of restrictive housing. Key Findings This report presents the findings of Vera's assessment, which come from a period prior to the enactment of many of these reforms but provide a useful baseline against which DPS can measure the impact of recent and future changes. In conducting its assessment, Vera adopted a broad definition of "restrictive housing" to include any housing unit which satisfies two conditions: it (1) holds incarcerated people separately from regular population and (2) places greater restrictions on out-of-cell time, congregate activity, and access to programming than in regular population. Therefore, housing units such as Death Row, which separated people from regular population but did not place greater restrictions on them, were not included in our assessment. Modified Housing (MODH) units, however, were included since Vera observed a range of practices in various MODH units, including some units where people received only two hours of out-of-cell time per day. At the time of Vera's assessment, 44 of DPS's 56 prisons held people in restrictive housing. On June 30, 2015, 3,432 people-just over 9 percent of the prison population-were in some form of restrictive housing. Excluding people held in MODH from the count would give a restrictive housing population of 2,952 on that date, or 7.9 percent of the incarcerated population. Vera's findings not only touch on DPS's use of different types of restrictive housing, but also examine differences in its use between genders, age groups, racial and ethnic groups, and people with different levels of mental health treatment needs. People housed in almost all restrictive housing units were held in conditions of isolation and sensory deprivation. At the time of the assessment, DPS housed 7.9 percent of the prison population in restrictive housing units characterized by conditions of extreme isolation and sensory deprivation. People in these units spent a minimum of 23 hours a day in their cell with severely limited interaction with other people. Out-of-cell time consisted primarily of individual recreation in a small secure enclosure for one hour a day, five days a week. There was very little, if any, opportunity for programming or congregate activity. Disciplinary Segregation was used frequently as a sanction, even for low-level infractions. On June 30, 2015, almost 30 percent of the people in restrictive housing were there as a sanction for a disciplinary infraction. Disciplinary segregation was given as a sanction for 99 percent of incidents with a guilty finding, although for one-third of these incidents, the sentence was suspended and then lifted if the person remained infraction-free for 180 days. The top three infractions resulting in a disciplinary segregation sanction were "disobey an order," "profane language," and "unauthorized tobacco use." These three infractions accounted for 40 percent of all disciplinary segregation sanctions. Other types of restrictive housing were characterized by long stays. DPS had three different housing classifications for incarcerated people held in restrictive housing with an indeterminate length of stay: Intensive Control (ICON), Maximum Control (MCON), and High Security Maximum Control (HCON), with HCON being the most restrictive. On June 30, 2015, 37 percent of all people in restrictive housing were in any of these types of Control housing. Reasons for placement in Control housing ranged from repeatedly disruptive behavior to posing an imminent risk to the life or safety of others. The average length of stay in ICON was approximately nine months; it was twenty-one months for MCON, and almost five years for HCON. During the initiative, DPS enacted several reforms to Control housing, including the creation of a Rehabilitative Diversion Unit (RDU) designed to help people transition from Control to regular population through the provision of targeted behavioral programming and increasing privileges, congregate activity, and out-of-cell time. Certain groups were overrepresented in restrictive housing. Youth, young adults, people with mental health needs, and racial minorities were overrepresented in DPS's restrictive housing units. On June 30, 2015, 32 percent of youth (under 18 years of age) and 17 percent of young adults (18-25 years old) were in restrictive housing, compared to 8 percent of people 26 and older. Incarcerated people who required mental health treatment involving psychotropic medication and therapy, but who did not require placement in a designated mental health unit, made up 8 percent of the regular population but 14 percent of the population in disciplinary segregation and 24 percent of Control housing. Echoing the fact that racial and ethnic minorities are generally overrepresented throughout the criminal justice system in the United States, racial minorities were disproportionately exposed to restrictive housing. For example, while 35 percent of white incarcerated people had spent at least one night in restrictive housing during the year prior to Vera's assessment, this was true of 47 percent of black individuals and 50 percent of Native American incarcerated people. DPS released some people from segregation directly to the community. Releasing people directly from restrictive housing to the community can make an already difficult transition even more challenging. During the 12 months ending on June 30, 2015, DPS released 1,832 incarcerated people directly from restrictive housing to the community. Fortyfive percent of these people had spent over one month in segregation directly prior to being released; 15 percent had spent over six months. Key Recommendations Vera commends DPS on the steps it has already taken to reform its use of restrictive housing and offers recommendations that will further its efforts to safely reduce that use. The full report details numerous specific recommendations for DPS, including: - Reduce the number of disciplinary infractions eligible for segregation sanctions and reduce the maximum length of segregation sanctions; - Expand available alternative sanctions to disciplinary segregation, expand and track the current practice of pre-disciplinary counseling, and encourage other informal ways to resolve minor offenses; - Maintain and enhance beneficial programming, supports, and structured activities in regular population, to help prevent people from engaging in behaviors that may lead to their placement in restrictive housing; - Strengthen procedural safeguards around Control housing to ensure that it is truly used as a last resort, only when necessary, and for as short a time as possible, with a cap on the length of time permitted in Control; - Enact policies that prohibit people with serious, persistent mental illness from being placed in any form of restrictive housing that limits meaningful access to social interaction, environmental stimulation, and therapeutic programming; - Take individuals' release dates into account when using restrictive housing; use alternative disciplinary sanctions, or placement into housing units with both greater security and a structured reentry process, to ensure that people are not released directly from restrictive housing to the community; - Improve the conditions of confinement in all restrictive housing units to reduce the negative effects of segregation, including by increasing out-of-cell time and recreation, minimizing isolation and idleness, and providing opportunities for rehabilitative programming; and - Continue and expand the provision of staff training on de-escalation and communication skills, and expand trainings on mental decompensation and mental health needs. As the North Carolina Department of Public Safety continues implementation of current and future reforms, Vera is confident that the department will capitalize on its strengths, learn from the experience of others in the field, and use this report to facilitate continued reforms to the use of restrictive housing, in order to improve the lives of those who live and work in North Carolina's prisons and the broader community. Details: New York: Vera Institute of Justice, 2016. 90p. Source: Internet Resource: Accessed January 23, 2018 at: https://ncdps.s3.amazonaws.com/s3fs-public/documents/files/Vera%20Safe%20Alternatives%20to%20Segregation%20Initiative%20Final%20Report.pdf Year: 2016 Country: United States URL: https://ncdps.s3.amazonaws.com/s3fs-public/documents/files/Vera%20Safe%20Alternatives%20to%20Segregation%20Initiative%20Final%20Report.pdf Shelf Number: 148916 Keywords: Administrative Segregation Inmate Discipline Isolation Racial Disparities Restrictive Housing Solitary Confinement

Author: Walsh, Vanessa Title: Misbehavior or Misdemeanor? A Report on the Utah's School to Prison Pipeline, Summary: The school to prison pipeline is a national trend where children are funneled out of public schools and into the juvenile and criminal justice systems. This trend is exacerbated by zero tolerance policies and criminalizing behavior that should be handled inside schools instead of resorting to law enforcement action. Students who are suspended, expelled, referred to law enforcement, or have a school related arrest are more likely to not finish high school than their peers. Within this pipeline are major issues that need to be addressed. There are unacceptably high racial disparities. We are suspending too many kids. Despite common belief, Utah is not doing any better than the nation at large. The U.S. Department of Education Civil Rights Data Collection (CRDC) has provided data on key education and civil rights issues in our nation's public schools since 1968. The following report uses this data to explore these areas and how they apply to Utah specifically. - Recent national data shows that students of color are disproportionately singled out for suspensions, expulsions, referrals to law enforcement as well as school-based arrests. - Utah is not immune to these trends. Although the total number of disciplinary actions in Utah is decreasing, disproportionality along racial demographics continue to exist, and in some cases, is getting worse. - In the 2013-2014 school year, almost 9% of black students, 8.5% of American - Indian students, and approximately 5% of Pacific Islander and Hispanic students received a suspension. In comparison, only slightly more than 2% of white students were suspended. - In the 2011-2012 school year, Hispanic students were 1.3 times more likely than white students to be expelled. This increased to 2.3 times more likely in 2013-2014. Asian students were less likely than white students to be expelled in 2011, but they were 3.3 times more likely to be expelled in the 2013-2014. - During the 2013-2014 school year, 1.5% of American Indian students and almost 1.2% of black students were referred to law enforcement. In comparison, less than one half of one percent (0.4%) of white students received this action - American Indian students were 6.2 times more likely than white classmates to be arrested at school in the 2011-2012 school year. That disparity increased to 8.8 times more likely in the 2013-2014 school year. Similarly, Pacific Islanders were 1.7 times more likely in 2011-2012 and 3.3 times more likely in 2013-2014. - American Indian student feel the brunt of school disciplinary actions in every category except in-school suspensions. Overall,10.3% of all American Indian students received some sort of school disciplinary action in the 2013-2014 school year. In comparison, 5.6% of all other students of color received an action, and 2.6% of the white student population received an action. Details: Salt Lake City: University of Utah, S.J. Quinney College of Law, Public Policy Clinic, 2017. 35p. Source: Internet Resource: Accessed February 7, 2018 at: http://utahchildren.org/images/pdfs-doc/2017/Misbehavior_or_Misdemeanor_-_Report_on_Utahs_School_to_Prison_Pipeline.pdf Year: 2017 Country: United States URL: http://utahchildren.org/images/pdfs-doc/2017/Misbehavior_or_Misdemeanor_-_Report_on_Utahs_School_to_Prison_Pipeline.pdf Shelf Number: 149016 Keywords: Racial Disparities School Discipline School Suspensions School-to-Prison Pipeline Zero Tolerance

Author: Alabama Appleseed Title: Forfeiting Your Rights: How Alabama's Profit-Driven Civil Asset Forfeiture Scheme Undercuts Due Process and Property Rights Summary: The study examined 1,110 cases in 14 counties, representing 70% of the 1,591 civil asset forfeiture cases filed in Alabama in 2015. It found: - Courts awarded $2.2 million to law enforcement agencies in 827 disposed cases.. - In a quarter of the cases filed, criminal charges were not brought against the person whose property was seized, resulting in the forfeiture of more than $670,000. - The state won 84% of disposed cases against property owners not charged with crime. - In 55% percent of cases where criminal charges were filed, the charges were related to marijuana. In 18% of cases where criminal charges were filed, the charge was simple possession of marijuana and/or paraphernalia. - In 64% of cases where criminal charges were filed, the defendant was black (African Americans comprise 27 percent of state's population). - In half of the cases, the amount of cash was $1,372 or less. Details: Montgomery, AL: Alabama Appleseed, 2018. 52p. Source: Internet Resource: Accessed February 16, 2018 at: https://drive.google.com/file/d/1ddgkj2e4HIVUB6o1p_Fp0hC8_w3lnlhC/view Year: 2018 Country: United States URL: https://drive.google.com/file/d/1ddgkj2e4HIVUB6o1p_Fp0hC8_w3lnlhC/view Shelf Number: 149170 Keywords: Asset Forfeiture Civil Asset Forfeiture Racial Disparities

Author: California. Courts. Judicial Branch Title: Pretrial Detention Reform: Recommendations to the Chief Justice Summary: The Chief Justice established the Pretrial Detention Reform Workgroup on October 28, 2016, to provide recommendations on how courts may better identify ways to make release decisions that will treat people fairly, protect the public, and ensure court appearances. In establishing the Workgroup, the Chief Justice recognized the central role of the courts. The Chief Justice provided the following guiding principles for the Pretrial Detention Reform Workgroup:  Pretrial custody should not occur solely because a defendant cannot afford bail.  Public safety is a fundamental consideration in pretrial detention decisions.  Defendants should be released from pretrial custody as early as possible based on an assessment of the risk to public safety and the risk for failing to appear in court.  Mitigating the impacts of implicit bias on pretrial release decision-making should be considered.  Reform recommendations should consider court and justice system partner resources.  Nonfinancial release alternatives should be available.  Consistent and feasible practices for making pretrial release, detention, and supervision decisions should be established. During the course of its yearlong study, the Workgroup examined the complex issues involved in the current pretrial release and detention system. Members reviewed a wide variety of research and policy materials and heard presentations from state and national experts, justice system partner representatives, the commercial bail industry, state and local regulators, victim and civil rights advocacy organizations, California counties that have experience with pretrial services programs, and jurisdictions outside California that have undertaken pretrial reform efforts. At the conclusion of this process, the Workgroup determined that California's current pretrial release and detention system unnecessarily compromises victim and public safety because it bases a person's liberty on financial resources rather than the likelihood of future criminal behavior and exacerbates socioeconomic disparities and racial bias. Details: Sacramento: Judicial Council of California, 2017. 112p. Source: Internet Resource: Accessed February 20, 2018 at: http://www.courts.ca.gov/documents/PDRReport-20171023.pdf Year: 2017 Country: United States URL: http://www.courts.ca.gov/documents/PDRReport-20171023.pdf Shelf Number: 149188 Keywords: Bail Pretrial Detention Pretrial Justice Pretrial Release Pretrial Services Racial Disparities Risk Assessment

Author: Subramanian, Ram Title: Divided Justice: Trends in Black and White Jail Incarceration, 1990-2013 Summary: The story of mass incarceration in the United States is a story about race. As incarceration rates soared in jails and prisons through the 1970s, 1980s, and 1990s to reach historically unprecedented heights, the burdens of that growth did not fall equally on all communities. For black people in particular, the impact has been devastating, cutting a swath of destruction through the economic and social fabric of communities, ensuring the persistence of systemic inequality that undermines our country's bedrock values. Like all stories about race in America, however, the chronicle of incarceration's shifting path is a complicated one, and we are only just beginning to understand and reckon with it in full. This report sheds a bright new light on a key chapter of that story: the changing picture of race in America's local jails, the municipal and county facilities that hold, primarily, people who have been charged with offenses but have not yet been found guilty. Using the Vera Institute of Justice's (Vera) Incarceration Trends data tool, Vera staff analyzed jail incarceration trends by race nationally as well as by region and jurisdiction size. What we found is that black people continue to be vastly over-represented in the nation's jails, in every region of the country. This is despite declines in incarceration rates for black people in the past 10 years, most significantly in large urban and suburban areas. But this isn't the only story the data tells. In fact, a new headline is that white incarceration rates have increased, particularly in smaller jurisdictions. With the opioid crisis constantly in the news, it is tempting to assume that this epidemic, which has impacted white communities more so than others, explains the growth in jail incarceration for white people. And while it may be a contributing factor, we simply don't know the reasons underlying these trends. As this report notes, a number of understudied phenomena could be influencing the numbers. Is the misidentification of Latino people as white in some jurisdictions masking white incarceration trends? Are criminal justice reforms differently impacting jail incarceration rates for black and white people? Are jail capacity issues including the outsourcing of jail beds from one county to another- impacting racial trends in those areas? To answer these and other questions, researchers and policymakers will need more comprehensive data, because data about race and jails is incomplete, and its collection uneven across jurisdictions. Understanding the changing narrative about race in local justice systems -and how it varies from place to place - is a critical task not only for those who study the justice system and seek to improve it. It matters equally, or even more so, for those on the ground, inside and outside government, who care about equity, justice, and safety. The reasons for the differences in jail incarceration rates between white and black people are more likely because of the criminal justice policies and practices of particular localities. Community stakeholders need to ask how their local trends are measuring up, whether policy choices or practices may be contributing to racial disparities or changes in incarceration rates by race or ethnicity, and why. But to fully answer all of these questions goes beyond what current data can tell us. Further race data and analyses-including qualitative data to measure and understand the racial and ethnic impact of discretionary decision making along the criminal justice continuum-are needed to explain intergroup differences in jail incarceration trajectories. Because race and ethnicity play such a big role in the ways in which localities use their jails, overcoming these gaps in knowledge will be integral to criminal justice reform efforts aimed at reducing the overuse of jails and incarceration generally. Details: New York: Vera Institute of Justice, 2018. 48p. Source: Internet Resosurce: accessed February 28, 2018 at: https://storage.googleapis.com/vera-web-assets/downloads/Publications/divided-justice-black-white-jail-incarceration/legacy_downloads/Divided-Justice-full-report.pdf Year: 2018 Country: United States URL: https://storage.googleapis.com/vera-web-assets/downloads/Publications/divided-justice-black-white-jail-incarceration/legacy_downloads/Divided-Justice-full-report.pdf Shelf Number: 149284 Keywords: Jail Inmates Mass Incarceration Racial Discrimination Racial Disparities

Author: Kneen, Hannah Title: An exploratory estimate of the economic cost of Black, Asian and Minority Ethnic net overrepresentation in the Criminal Justice System in 2015 Summary: In January 2016, the former Prime Minister David Cameron invited David Lammy MP to lead a review of the CJS in England and Wales to investigate evidence of possible bias against defendants who are Black, Asian or another ethnic minority1. The Lammy Review considers the treatment and outcomes of Black, Asian and Minority Ethnic (BAME) individuals in the CJS, addressing issues arising from CPS charge onwards, including the court system, prisons, youth custody and rehabilitation in the community. To explore the estimated economic cost associated with the net overrepresentation of BAME individuals in the Criminal Justice System (CJS) post-charge in 2015. This short summary of economic analysis is intended to inform discussions around the wider Lammy Review and highlight particular areas of the CJS in 2015, where there was observed net overrepresentation of BAME defendants/offenders, relative to the general population. This analysis does not make recommendations regarding how the Ministry of Justice (MoJ) could change behaviour or make policy changes to realise estimated savings. Key findings - The estimated economic cost to the CJS of net overrepresentation of BAME youths and adults in 2015 is approximately L309m. This estimate covers representation at the courts, prisons and probation stages. - Estimated cost associated with the courts stage is $50m ($3m attributable to youths and L47m attributable to adults). For triable either way offences this includes youths and adults tried in the youth/magistrates' courts, and Crown Court, and committed for sentence to the Crown Court. For indictable only offences, this includes youths and adults tried and/or sentenced in the Crown Court. Relevant legal aid representation is included in this estimate for the aforementioned court activities. - Estimated cost associated with the prisons stage is L234m (L26m attributable to youths and $208m attributable to adults). This includes the youth secure custodial estate population (aged 10-17) in Young Offender Institutions (YOIs), Secure Training Centres (STCs) and Secure Children's Homes (SCHs). The cost also includes BAME overrepresentation of adults aged 18+ in the prison population. - Estimated cost associated with the probation stage is L25m (all attributable to adults). This includes the pre-sentence assessments conducted by the National Probation Service (NPS) and the probation services provided to high risk offenders by the NPS. Probation costs have not been calculated for youths or for adult offenders managed by Community Rehabilitation Companies (CRCs). Details: London: Ministry of Justice, 2017. 9p. Source: Internet Resource: Analytical Summary: Accessed March 19, 2018 at: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/642551/david-lammy-economic-paper-short-summary.pdf Year: 2017 Country: United Kingdom URL: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/642551/david-lammy-economic-paper-short-summary.pdf Shelf Number: 149518 Keywords: Costs of Criminal Justice Economic Analysis Ethnic Groups Juvenile Offenders Minority Groups Racial Disparities

Author: Wood, J. Luke Title: Get Out! Black Male Suspensions in California Public Schools Summary: This report is a joint publication of the Black Minds Project (an initiative of the Community College Equity Assessment Lab (CCEAL) at San Diego State University (SDSU) and the Black Male Institute at the University of California, Los-Angeles (UCLA). In this report, we present analyses of publicly available statewide data on the suspension of Black males in California's public schools. Some of the key results highlighted in this report include the following: - The statewide suspension rate for Black males is 3.6 times greater than that of the statewide rate for all students. Specifi cally, while 3.6% of all students were suspended in 2016-2017, the suspension rate for Black boys and young men was 12.8%. - Since 2011-2012, the suspension rates of Black males in California has declined from 17.8% to 12.8%. - The highest suspension disparity by grade level occurs in early childhood education (Grades K through 3) where Black boys are 5.6 times more likely to be suspended than the state average. - Black male students who are classified as "foster youth" are suspended at noticeably high rates, at 27.4%. Across all analyses, Black males who were foster youth in seventh and eighth grade represented the subgroup that had the highest percentage of Black male suspensions, at 41.0%. - The highest total suspensions occurred in large urban counties, such as Los Angeles County, Sacramento County, San Bernardino County, Riverside County, and Contra Costa County. In fact, these five counties alone account for 61% of Black male suspensions. - The highest suspension rates for Black males occur in rural counties that have smaller Black male enrollments. In 2016-2017, Glenn County led the state in Black male suspensions at 42.9%. - Other Counties with high suspension rates included Amador County, Colusa County, Del Norte County, and Tehama County. San Joaquin county has especially high suspension patterns. In the past 5 years, they have reported suspension rates at 20% or above. Four counties have reported similarly high suspension patterns across the past 4 of 5 years, they include: Modoc County, Butte County, Merced County, and Yuba County. - A number of districts have large numbers of Black boys and young men who were suspended at least once. Some of these districts included Sacramento City Unified (n = 887), Los Angeles Unified (n = 849), Elk Grove Unified (n = 745), Fresno Unified (n = 729) and Oakland Unified (n = 711). - There are 10 school districts in the state with suspension rates above 30%. Of these, the highest suspension rates are reported at Bayshore Elementary (San Mateo County, at 50%), Oroville Union High (Butte County, at 45.2%), and the California School for the Deaf-Fremont (Alameda County, at 43.8%). - There are 88 school districts in the state of California that have suspension rates for Black males that are below the state average. These schools vary in size, urbanicity, and region. Details: San Diego, CA: Community College Equity Assessment Lab and the UCLA Black Male Institute, 2018. 44p. Source: Internet Resource: Accessed April 5, 2018 at: http://blackmaleinstitute.org/wp-content/uploads/2018/02/GET-OUT-Black-Male-Suspensions-in-California-Public-Schools_lo.pdf Year: 2018 Country: United States URL: http://blackmaleinstitute.org/wp-content/uploads/2018/02/GET-OUT-Black-Male-Suspensions-in-California-Public-Schools_lo.pdf Shelf Number: 149695 Keywords: African Americans Males Racial Disparities School Discipline School Suspensions

Author: DeMill, Chantel Title: Latinos and the Idaho Criminal Justice System: 2005-2014 Summary: The Idaho Latino community represents a diverse collection of nationalities ranging from Mexican to Columbian and Puerto Rican, different nationalities that have come together to form a vibrant and thriving community. The Latino community is one of many ethnic stakeholders in Idaho's criminal justice system - as residents, victims and offenders. National statistics paint a bleak picture with high rates of racial disparity in both victimization and representation in the nation's jails and prisons. The Sentencing Project found that Latino men face a 1 in 6 chance of lifetime likelihood of imprisonment; white men face a 1 in 17 chance1 - This report intends to explore the interaction of Latinos with the unique landscape of Idaho and its criminal justice system. Highlights - Latinos account for a growing percentage of Idaho's population; as of the 2010 Census 11% of Idaho's population were Latino. - Latino youths account for 18% of the state's total juvenile population. - The Latino population is very youthful; the average age being 14.5 years younger than non‐Latinos. - Latinos are victims of crime at much lower rates than non‐Latinos (23.5 per 1,000 for Latinos and 33.8 for non‐Latinos). However, Latinos are generally victims of more severe crimes than are non‐Latinos. - Victimization rates for both Latinos and non‐Latinos are decreasing (‐41% and ‐36%). - Latino females report victimization at slightly higher rates than Latino males (24.19 and 22.24 per 1,000). - Latinos are arrested at higher rates than non‐Latinos (21.97 and 17.86 per 1,000). - Latinos are arrested for more severe crimes overall. - Between 2005 and 2014, there was a 55% decrease in arrests for violent offenses among Latinos. - Latinos are incarcerated for 62 days longer on average than are other racial/ethnic groups. - Latino rates of juvenile commitments and probation are decreasing. - Although Latinos are arrested at higher rates and have longer lengths of stay in prison, it is unknown if this is a symptom of a biased system. Since IIBRS data only records the ethnicity of arrestees and not offenders, it is unknown if the higher arrest rate for Latinos is disproportionate to their offense rates. In addition, since court data does not track the defendants ethnicity, it is unknown if Latinos are more likely than non‐ Latinos to receive more severe sentences which could explain their longer prison stays. Details: Meridian, ID: Idaho Statistical Analysis Center, 2016. 20p. Source: Internet Resource: accessed April 9, 2018 at: https://isp.idaho.gov/pgr/inc/documents/LatinoReportCompletedFinal11-3-16.pdf Year: 2016 Country: United States URL: https://isp.idaho.gov/pgr/inc/documents/LatinoReportCompletedFinal11-3-16.pdf Shelf Number: 149736 Keywords: Latinos Minority Groups Race and Crime Racial Disparities

Author: American Civil Liberties Union Title: Out of Step with the World: An Analysis of Felony Disfranchisement in the U.S. and Other Democracies Summary: Well over 100 years ago, the Supreme Court concluded in Yick Wo v. Hopkins that the right to vote is "fundamental" because it is "preservative of all rights." Even the most basic civil rights, the Court has said, "are illusory if the right to vote is undermined." Foreign courts examining voting rights cases frequently cite American voting rights jurisprudence. Yet, the United States bars from the vote nearly 5.3 million American citizens on the grounds that they committed a crime, although most committed nonviolent offenses and only a quarter are in prison or jail, with three-quarters either on probation or parole or having completed sentences. Particularly since the contested presidential election of 2000, American laws barring people with criminal convictions from voting have come under considerable public scrutiny. In the United States, each state has its own criminal disfranchisement law. In two states people retain the right to vote even while incarcerated, but policies in the other 48 states and the District of Columbia range from disqualification for incarcerated felons to lifetime bans on voting: 48 states bar prison inmates from voting; 36 bar convicted felons from voting while on parole, 31 of these states also excluding felony probationers from voting; 3 states prohibit all ex-felons from voting even after they have fully completed their sentences, and another 9 states permanently restrict from voting those convicted of specific offenses, or require a post-sentence waiting period for some offenders. While disfranchisement policies have been in effect for many years, they are affecting a growing segment of the population, as the United States' criminal justice system continues to convict and imprison more people than ever before. The United States now incarcerates over 2 million people, at a rate of 702 per 100,000. (Including those on parole or probation, or housed in jails, the U.S. has more than 6 million people under some form of criminal supervision.) This incarceration rate is 5-8 times that in comparable industrialized nations, western Europe (e.g., Germany: 97; England & Wales: 144 and Canada: 107). If current trends continue, black males would have a 1 in 3 chance of going to prison during their lifetimes; Hispanics, 1 in 6, and whites, 1 in 17. And though American disfranchisement policies keep a large segment of the entire population from the voting booth, they have a disproportionate impact on African Americans and other minorities. While disfranchisement policies prevent 2.5% of the total population from voting, they prevent 13% of the total population of African American men from casting a ballot. States have begun to alter their disfranchisement rules in the last few years, motivated by concerns about the policy's uneasy relationship with modern American ideas about the right to vote, its illdefined punitive purposes, or its linkages to the racial inequities of the U.S. criminal-justice system. As citizens, lawmakers, and judges in the United States and elsewhere consider the wisdom of laws barring people with criminal convictions from voting, relatively little detailed information has been available about similar policies - or the lack thereof - in other democracies. This report has been written in the hope of improving our understanding of disfranchisement law in the twenty-first century, with a particular eye towards enriching the ongoing discussion of disfranchisement law in the United States - a democracy that has very unusual policies in this area. This report offers the first in-depth analysis of the criminal disfranchisement policies of the world's democracies, with a focus on Europe. (We do also examine, though perhaps not in the same depth, other developed democracies' policies and precedents, namely those of Israel, Canada, Australia, New Zealand and South Africa.) Simply describing these laws accurately has proven a surprisingly difficult task; a few previous authors have attempted to do so, focusing their attention mostly on documents such as constitutions and election-law statutes.6 We have drawn on their important work here, but have found that constitutions and statutes alone often fail to deliver a full understanding of a given country's disfranchisement policies and practices. In addition to such formal legal sources, this report benefits from exhaustive research into legislative materials, judicial proceedings, advocacy reports, and numerous other sources, including information from original surveys and interviews with governmental and non-governmental officials of several countries. No previous publication has synthesized so much country-by-country disfranchisement data, decisions of high courts, and international legal instruments. Following this Introduction, Section II of the report describes the policies of European nations, and Section III offers detailed summaries of the decisions rendered by various countries' constitutional courts in the last decade. Section IV examines mechanisms used in various democracies to implement prisoner voting, and Section V considers treaties and other legal instruments, both binding and advisory, which bear on the voting rights of people with criminal convictions. These are among the central findings of this study: - Almost half of European countries allow all incarcerated people to vote while others disqualify only a small number of prisoners from the polls. As we explain below, almost all of the countries that disqualify all inmates are in Eastern Europe. - In most countries where disfranchisement does exist, the policy is both more narrowly targeted and more visible in its application than in the United States. - A number of treaties and other types of international instruments support either the abolition of criminal disfranchisement law, or considerably narrower restrictions than those employed by most American states. - All foreign constitutional courts that have evaluated disfranchisement law have found the automatic, blanket disqualification of prisoners to violate basic democratic principles. In countries where courts have called for enfranchisement of inmates, the legislative and executive branches have complied without significant resistance. - Where prisoners are allowed to vote, they do so either in the correctional facilities themselves - with no threat to security - or by some version of absentee ballot, in their town of previous residence, in all cases with government entities facilitating the voting. In no country do prisoners vote in a manner that allows them to shape the politics of the prison locality. Readers will have different responses to this evidence. Some will deduce from the widespread and unproblematic fact of prisoner voting elsewhere that the United States should promptly overhaul its policies. Others may scoff, perhaps having already concluded that the ideas and policies of other countries are and should remain irrelevant to the American political context. We believe no less an authority than the American Declaration of Independence counsels against the latter conclusion. As Jefferson famously wrote, "a decent respect to the opinions of mankind requires" that we be able to explain the reasons for our policies to others. While it is not our view that the international setting alone justifies a change in American law, we do argue that the evidence compiled here should induce greater skepticism about the wisdom of disfranchisement law in the United States. In our view, this evidence, coupled with the serious and extensive problems these laws pose for both the officials administering them and those affected by them, counsels in favor of rethinking the broad bans and replacing them with rational, tailored bans, or none at all. Given the relative ease (and low cost) of administering absentee ballot voting in prisons, states may want to seriously consider the examples of Maine, Vermont and Puerto Rico. Or, following the example of some European democracies, consider barring only those it makes sense to bar - for example, those convicted of election fraud. Another possibility would be to enfranchise all except the incarcerated, with no documentary requirement complicating reinstatement on the rolls after release from prison. Although such a policy now survives only in the most regressive European nations, it would constitute a significant movement forward for most American states, given how far out of step the United States is on this issue. Moreover, inmate-only disfranchisement - if you are able to appear physically at the polls and meet age and residency requirements, you are eligible to vote - would solve the multitude of problems now bedeviling the administration of disfranchisement policies in the U.S. Details: New York: ACLU, 2006. 38p. Source: Internet Resource: Accessed April 18, 2018 at: https://www.aclu.org/sites/default/files/field_document/asset_upload_file825_25663.pdf Year: 2006 Country: International URL: https://www.aclu.org/sites/default/files/field_document/asset_upload_file825_25663.pdf Shelf Number: 117111 Keywords: Collateral Consequences Criminal Disenfranchisement Felony Disenfranchisement Felony Offenders Racial Disparities Voting Rights

Author: Foster, Lorne Title: Race Data and Traffic Stops in Ottawa, 2013-2015: A Report on Ottawa and the Police Districts Summary: This report provides a city overview of the findings of the Ottawa Police Service's Traffic Stop Race Data Collection Project (TSRDCP), a pioneering community-based research project that involved undertaking the largest race based data collection in Canadian policing history. The project arose from an agreement between the Ontario Human Rights Commission (OHRC) and the Ottawa Police Services Board (Board), the Ottawa Police Service (OPS). The OHRC and the OPS believe that race based data collection is part of an organizational approach to ensuring bias-neutral policing services. Full information regarding the agreement is available online at ottawapolice.ca/race. The Traffic Stop Race Data Collection Project required police officers to record their perception of the driver's race, by observation only, for traffic stops over a two-year period from June 27, 2013 to June 26, 2015. A total of 81,902 records of traffic stops were examined for this Report. Each record included complete information on race, sex and age, along with complete information on police districts, reasons for traffic stops and outcomes. The record did not include the time of day nor the neighbourhood where the stop occurred. The officers entering the race data reported perceiving the race of the driver prior to the stop in 11.4% of the cases. This research project addresses three issues: INCIDENCES OF TRAFFIC STOPS - Do drivers of different race groups have disproportionately high incidences of traffic stops, when compared with their respective driver populations in Ottawa? Research findings showed that: - The study examines 81, 902 traffic stops where officers recorded their perception of the driver's race: 69.3% White (56,776), 12.3% Middle Easterner (10,066), 8.8% Black (7,238), 4.7% E.Asian/SE Asian (3,875), 2.7% S. Asian (2,195), 1.9% Other racialized minorities (1,545), and .3% Indigenous Peoples (207). - In Ottawa, Middle Easterner and Black groups, irrespective of their sex and age, are the two race groups with disproportionately high incidences of traffic stops. Middle Easterner Drivers were stopped 10066 times, which constituted about 12.3% of the total stops over the two year period. However, these drivers represent less than 4% of the total driving population in Ottawa. This means that Middle Easterner Drivers were stopped 3.3 times more than what you would expect based on their population. Black Drivers were stopped 7238 times, which constituted about 8.8% of the total stops over the two-year period. However, these drivers represent less than 4% of the total driving population in Ottawa. This means that Black Drivers were stopped 2.3 times more than what you would expect based on their population. - With the exception of Indigenous peoples, men aged 16-24 of all race groups (including White) have disproportionately high incidences of traffic stops. The disproportionalities ranged from 64.21% (E. Asian/ S.E. Asian) to 1100.39% (Middle Easterner). - Middle Easterner Male Drivers aged 16-24 were stopped 2302 times, which constituted about 2.8% of the total stops over the two year period. However, these drivers represent less than 0.25% of the total driving population in Ottawa. This means that young Middle Easterner male drivers were stopped 12 times more than what you would expect based on their population. Black Male Drivers aged 16-24 were stopped 1238 times, which constituted about 1.5% of the total stops over the two year period. However, these drivers represent less than 0.2% of the total driving population in Ottawa. This means that young Black male drivers were stopped 8.3 times more than what you would expect based on their population. White Male Drivers aged 16-24 were stopped 6172 times, which constituted about 7.5% of the total stops over the two year period. However, these drivers represent about 4.3% of the total driving population in Ottawa. This means that young White male drivers were stopped 1.7 times more than what you would expect based on their population. REASONS FOR TRAFFIC STOPS - Do racialized minority drivers experience disproportionately high incidences of specific reasons for traffic stops when compared with their White counterparts in Ottawa? Research findings showed that: - The findings showed that the reason most used by police officers in traffic stops is "provincial and municipal offenses". It was used in 79,603 of the 81, 902 traffic stops (97.19%). Police officers did not utilize "provincial and municipal offenses" for traffic stops in a disproportional manner for any racial minority groups. - When compared with the White group, "criminal offences" reason has been used disproportionately by police officers for five of the six racialized minority groups. The data is inconclusive about Indigenous peoples with regard to this issue because the number of stops citing "criminal offenses" was too low to draw any conclusions. - Similarly, "suspicious activities" reason has been used disproportionately by police officers for four racialized minority group - Indigenous peoples (99.37%), Black (148.40%), Middle Easterner (133.70%), and other racialized minorities (132.78%). OUTCOMES OF TRAFFIC STOPS - Do racialized minority drivers experience disproportionately high incidences of specific outcome of traffic stops when compared with their White counterparts in Ottawa? Research findings showed that: - All race groups (including White) have received similar proportions of charges (44.65%) from police officers after traffic stops. - All race groups (including White) have received similar proportions of warnings (41.29%) from police officers after traffic stops. - Indigenous peoples (37.77%), Black (47.28%), Middle Easterner (36.84%), and other racialized minorities (28.21%) groups experienced disproportionately high incidences of "final (no action)" outcomes of traffic stops. This study is a correlational study on the relationship between race, sex, age, and traffic stops in Ottawa. It does not deal with the issue of causality. That is to say, it does not explain why and how these factors are related or not related. For this reason, the findings only provide a big picture of traffic stops in the entire capital city of Ottawa, covering a two-year period from 2013 and 2015 - a picture which provides a fresh and pioneering perspective on race and traffic stops in Canada. Details: Ottawa: Ottawa Police Services Board and Ottawa Police Service, 2016. 72p. Source: Internet Resource: Accessed April 19, 2018 at: https://www.ottawapolice.ca/en/about-us/resources/.TSRDCP_York_Research_Report.pdf Year: 2016 Country: Canada URL: https://www.ottawapolice.ca/en/about-us/resources/.TSRDCP_York_Research_Report.pdf Shelf Number: 149850 Keywords: Racial Disparities Racial Profiling in Law Enforcement Stop and Frisk Stop and Search Traffic Enforcement

Author: Citizen Action of New York Title: Restoring Justice in Buffalo Public Schools: Safe and Supportive Quality Education for All Summary: In June 2010, Jawaan Daniels, a freshman at Lafayette High School in Buffalo, New York, was shot and killed at a bus stop near his school, after having been suspended from school for insubordination while roaming the halls. Jawaan's untimely passing brought attention to the zero tolerance, punitive nature of Buffalo Public School's (BPS) discipline policies, which for many years exacerbated the School-to-Prison Pipeline in Buffalo. Under these policies, many students, especially students of color, were suspended and expelled out of school for minor, non-violent infractions. The Buffalo community deserved and demanded better. Outraged by this situation, Citizen Action of Western New York and Alliance for Quality Education (AQE) launched a Solutions, Not Suspensions campaign, and have led the fight to improve BPS ever since. Over the next five years, Citizen Action and AQE, in partnership with Advancement Project, galvanized a community to action through organizing, door knocking, rallies, protests, policy drafting, and community education. In April 2013, these efforts resulted in BPS adopting a new Code of Conduct, one of the most progressive in the country, replacing punitive zero tolerance with positive interventions and responses. And while BPS still has a long way to go, the data shows these policies have helped BPS achieve significant progress in just the last two years. In the 2014-2015 school year, improvements in the discipline rates continue, showing the commitment of BPS and the continued success of the Citizen Action and AQE accountability model. Restoring Justice captures Citizen Action's, AQE's, and Advancement Project's efforts so that our story can serve as an example for others. In this report, we share background regarding the city of Buffalo and its schools, and then provide a brief national overview of the School-to-Prison Pipeline. We follow with a timeline of the Solutions, Not Suspensions campaign, and an overview of the changes that made Buffalo's Code of Conduct one of the best in the country. We end by looking at the data, showing how far we have come, how far we have left to go, and our plan to make the situation even better. We hope our story motivates, inspires, and challenges others who are working to end the School-to-Prison Pipeline, by showing how a local grassroots group can lead the way to change and create a more just democracy for all. Details: Albany: Citizen Action of New York, 2015. 20p. Source: Internet Resource: Accessed April 20, 2018 at: http://www.aqeny.org/wp-content/uploads/2015/07/Buffalo-Report-Restoring-Justice-FINAL-WEB.pdf Year: 2015 Country: United States URL: http://www.aqeny.org/wp-content/uploads/2015/07/Buffalo-Report-Restoring-Justice-FINAL-WEB.pdf Shelf Number: 1498967 Keywords: Racial Disparities School Crime School Discipline School Suspensions School-to-Prison Pipeline

Author: Advancement Project Title: Police in Schools Are Not the Answer to School Shootings Summary: Today, we are reissuing Police in Schools are Not the Answer to the Newtown Shootings, an issue brief that our organizations released in the wake of the shooting at Sandy Hook Elementary School in 2012. At the time, many of the responses to the shooting focused on placing more police officers and more guns in schools. Research and the experiences of countless students, teachers, and parents have taught us that while these proposals may create the appearance of safety, the actual effects wreak havoc on school culture and fuel the school-to-prison pipeline. After Newtown, we urged lawmakers at the local, state, and national level to resist policies that would turn even more schools into hostile environments where students, especially Black and Brown students, are more likely to be arrested, harassed, and assaulted by police. Five years later, in the wake of the tragic Parkland shooting, we have yet again seen calls to militarize and weaponize our schools, despite no evidence that these policies will protect our students. Our position remains the same: proposals that increase the presence of police, guns, and other law enforcement approaches to school safety should not be the response to school shootings. This foreword includes new evidence and experiences that demonstrate why police do not belong in schools. Police do not contribute to positive, nurturing learning environments for students. The increased presence of police officers in schools across the country discipline has been linked to increases in school-based arrests for minor misbehaviors and negative impacts on school climate. In the last five years, the evidence against placing police in schools has only grown. National School Survey on Crime and Safety data show that having a School Resource Officer at a school on at least a weekly basis increases the number of students who will be involved in the justice system. Arrest rates for disorderly conduct and low-level assault substantially increase when police are assigned to schools. The evidence does not suggest that police are the best way to improve school safety; rather, increasing their numbers comes at an unacceptable cost in the form of the criminalization and overincarceration of students. Although students of color do not misbehave more than white students, they are disproportionately policed in schools: nationally, Black and Latinx youth made up over 58% of school-based arrests while representing only 40% of public school enrollment and Black and Brown students were more likely to attend schools that employed school resource officers (SROs), but not school counselors. Black students were more than twice as likely to be referred to law enforcement or arrested at school as their white peers. Research shows that police officers perceive Black youth differently than they do white youth, and this bias, not any actual difference in behavior, leads to the over-criminalization of students of color. Police see Black children as less "childlike" than their White peers and overestimate the age and culpability of Black children accused of an offense more than they do for white children accused of an offense. Details: Los Angeles: Advancement Project, 2013. 19p. Source: Internet Resource: Accessed April 20, 2018 at: https://advancementproject.org/resources/police-schools-not-answer-school-shootings/ Year: 2013 Country: United States URL: https://advancementproject.org/resources/police-schools-not-answer-school-shootings/ Shelf Number: 149870 Keywords: Mass Shootings Racial Disparities School Crime School Resource Officers School Safety School Security School Shootings School Violence

Author: Scarborough, William Title: A Tale of Diversity, Disparity, and Discrimination: The State of Racial Justice for Asian American Chicagoans Summary: Relatively little attention has been directed to documenting the experiences of racial discrimination and inequities for Asian Americans in Chicago. Not only does this group make up a much smaller share of the city's population than whites, blacks, and Latinxs, but stereotypes about Asian Americans as the "model minority" often frame this group as high-achievers unaffected by racial discrimination and inequity. The harmful and pernicious effects of discrimination against Asian Americans are therefore often overlooked. Even in cases where the challenges facing Asian Americans are recognized, little support is offered due to harmful presumptions that Asian Americans (even 2nd, 3rd, or 4th generation Americans of Asian origin) are not "truly" American, what scholars refer to as the "forever foreigner" stereotype. The data in this report illustrate the diverse and often divergent experiences of Asian Chicagoans who have to navigate the complexity and contradiction of model minority and forever foreigner stereotypes. Asian Americans are both imagined as hard working and high achieving, and at the same time are often treated as permanent outsiders. Complexity and contradiction are a defining feature of the Asian American experience. In this report, we examine the state of racial justice for Asian Americans in Chicago. Our analysis revealed three primary findings: First, the diversity of Asian Americans in Chicago is one defining characteristic of this group. Originating from over 15 different countries, Asian American ethnic groups in Chicago have vastly different economic and educational outcomes. As a result, many social indicators reported here have bimodal distributions with Asian American Chicagoans having widely ranging and divergent outcomes. For example, while some Asian American national origin groups have among the highest levels of college attainment in Chicago, others have the highest rate of individuals with less than a high school degree. Second, the opportunities and life experiences of Asian American Chicagoans are greatly affected by racial inequity. Residential segregation between Asian Americans and other racial groups is high. Asian Americans also experience significant racial wage gaps and have higher unemployment and lower median household income than whites. Third, our report shows that Asian Americans often must work harder to achieve the same benefits as whites. They are held to higher standards in loan applications, receive lower returns on their education, and are less likely to be found in management positions than similarly situated whites. These themes are interwoven throughout the report, which contains four sections focusing on different social domains. Details: Chicago: Institute for Research on Race & Public Policy, University of Illinois at Chicago, 2018. 108p. Source: Internet Resource: Accessed April 24, 2018 at: http://stateofracialjusticechicago.com/a-tale-of-diversity-disparity-and-discrimination-the-state-of-racial-justice-for-asian-american-chicagoans/ Year: 2018 Country: United States URL: http://stateofracialjusticechicago.com/a-tale-of-diversity-disparity-and-discrimination-the-state-of-racial-justice-for-asian-american-chicagoans/ Shelf Number: 149877 Keywords: Asian Americans Minority Groups Racial Discrimination Racial Disparities

Author: Bryan, Tacicia Title: Black Lives Matter Toronto: A Qualitative Study of Twitter's Localized Social Discourse on Systemic Racism Summary: This Major Research Paper examines the Twitter discourse of Black Lives Matter Toronto (BLMTO), a chapter of the Black Lives Matter Movement which addresses issues of racism and police brutality. BLMTO protested in front of police headquarters between April 1st and April 15th, 2016 and used Twitter to document their protest during this time. This paper provides a content and sentiment analysis of 346 tweets collected during this time frame. The analysis of the Twitter content is based on concepts drawn from the scholarly literature on the public sphere, identity and social identity, and framing theory. My findings indicate the following: 1. Black Lives Matter Toronto uses media framing techniques, as well as logical and moral appeals, to build credibility as a strong subaltern counterpublic, an information resource for community building and an influencer online, through sharing relevant statistics, news stories and persuasive rhetoric. 2. BLMTO incorporates calls to action to create publicity and facilitate community mobilization. 3. Key themes in the tweets include the exercise of power in society, the need to build community and create a common sense of right and wrong, and maintaining solidarity Details: Toronto: Ryerson University, 2016. 69p. Source: Internet Resource: Thesis: Accessed April 26, 2018 at: http://digital.library.ryerson.ca/islandora/object/RULA%3A5401 Year: 2016 Country: Canada URL: http://digital.library.ryerson.ca/islandora/object/RULA%3A5401 Shelf Number: 149916 Keywords: Police Brutality Police Use of Force Racial Bias Racial Disparities Social Media Twitter

Author: Vafa, Yasmin Title: Beyond the Walls: A Look at Girls in D.C.'s Juvenile Justice System Summary: Both nationally and in the District of Columbia, boys have made up a vast majority of the juvenile justice population. Consequently, research, best practices, system reform efforts, and policies have been primarily based on the male population. In the past two decades, overall rates of youth involvement in the juvenile justice system have declined, yet the share of girls arrested, petitioned to court, placed on probation, and placed out of home has steadily increased. Due in part to a historical inattention to the unique drivers for girls into the juvenile justice system and the specific needs of justice-involved girls, jurisdictions around the country are seeing an increase in the rates of girls' involvement in the juvenile justice system. Over the past decade, Washington, D.C. (D.C.) has seen a significant increase in the share of girls in its juvenile justice system. This brief serves as a starting point to understand what is causing girls' increased contact with D.C.'s juvenile justice system, to highlight distinctions between girls' and boys' involvement in D.C.'s juvenile justice system, and to identify information gaps that must be addressed in order to reduce the number of system-involved girls and ensure that those girls who are already involved are receiving appropriate services and interventions. The data portion of this brief highlights four main findings that were consistent across data from the law enforcement and juvenile justice agencies in D.C. The main findings that will be explored in detail in the sections to follow are: - Girls today make up a larger portion of system-involved youth than in previous years. - Over time, the proportion of 13 to 15-year-old girls entering the juvenile justice system has grown at the greatest rate. - Eighty-six percent of arrests of girls in D.C. are for non-violent, non-weapons related offenses. - In D.C., Black girls are significantly overrepresented in the juvenile justice system. Details: Washington, DC: Rights4Girls; Juvenile Justice Initiative, Georgetown Law, 2018. 48p. Source: Internet Resource: Accessed May 4, 2018 at: http://www.law.georgetown.edu/academics/academic-programs/clinical-programs/our-clinics/JJC/new-projects/upload/beyond-the-walls.pdf Year: 2018 Country: United States URL: http://www.law.georgetown.edu/academics/academic-programs/clinical-programs/our-clinics/JJC/new-projects/upload/beyond-the-walls.pdf Shelf Number: 150066 Keywords: Female Juvenile Offenders Female Offenders Juvenile Justice systems Racial Disparities

Author: Ulmer, Jeffery Todd Title: Federal Sentencing of Hispanic Defendants in Changing Immigrant Destinations Summary: Scholars have found evidence of disparities in criminal punishment disadvantaging Hispanic defendants, especially Hispanic non-citizens. Research has also shown that federal punishment disparity between Hispanic and white defendants varies according to federal district court contexts. Recent scholarship has drawn distinctions between traditional Hispanic immigrant destinations and new or emerging immigrant destinations, and depicted the reception of Hispanic immigrants in new immigrant destinations as less welcoming and supportive than in traditional destinations. We examine whether federal courts in different Hispanic immigrant destination types exhibit differing levels of Hispanic citizen and non-citizen sentencing disadvantage circa 2000, and then circa 2010. We find that traditional destinations exhibit little or no Hispanic vs. non-Hispanic disparity. But Hispanic non-citizens especially received longer sentences in new destinations and in non-immigrant destinations, both circa 2000 and 2010. By contrast, the emerging immigrant destinations of 2010-2012 did not sentence Hispanic citizens and non-citizens significantly differently from traditional destinations. Details: Unpublished paper, 2018. 46p. Source: Internet Resource: Accessed May 8, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3148059 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3148059 Shelf Number: 150109 Keywords: Federal Courts Hispanics Immigration Racial Disparities Sentencing

Author: Frankham, Emma Title: Victim or Villain? Racial/ethnic differences in the portrayal of individuals with mental illness killed by police Summary: Using an intersectional approach toward race/ethnicity and mental illness, this paper examines racial/ethnic differences in how 301 individuals with mental illness killed by police during 2015 and 2016 were portrayed in news reports. Content analysis indicates that frames that portray individuals as being victims of mental illness are most common in news reports about Whites, while African-Americans are most likely to be portrayed as victims of police actions. Graphic content is much more prevalent in news reports about African-Americans, serving as a visceral reminder of the actions of police.Hispanics are most likely to be portrayed as 'villains' through discussions of substance use, criminal records, and expressions of support for police. Implications of the findings are discussed in the context of theory on the attribution of personal responsibility and the portrayal of 'victims' and 'villains' crime news, as well as research on the portrayal of individuals with mental illness and racial/ethnic minorities in crime news. Details: Unpublished paper, 2018. 37p. Source: Internet Resource: Accessed May 10, 2018 at: https://osf.io/preprints/socarxiv/v8fbx Year: 2018 Country: United States URL: https://osf.io/preprints/socarxiv/v8fbx Shelf Number: 150138 Keywords: Deadly Force Mass Media Mentally Ill Persons Police Use of Force Racial Disparities

Author: Frankham, Emma Title: How Were Encounters Initiated That Resulted in the Fatal Shooting of Civilians by Police? Summary: This paper examines police-public encounters that resulted in the fatal shooting of civilians during 2015 and 2016. Data published by The Washington Post is merged with data collected by the author regarding how encounters were initiated. Descriptive analysis and basic statistical analysis is performed and the results indicate that how police contact was initiated varies by race/ethnicity, age, sex, mental health status, and whether (or how) the individual killed by police was armed with a weapon. The implications of the results for understanding police use of force are discussed. This paper recommends that databases on civilian fatalities include information on how contact was initiated. Without this crucial information, understandings of police use of force are incomplete. Details: Working paper, 2017. 20p. Source: Internet Resource: Accessed May 10, 2018 at: https://osf.io/preprints/socarxiv/jsg5h/ Year: 2017 Country: United States URL: https://osf.io/preprints/socarxiv/jsg5h/ Shelf Number: 150140 Keywords: Deadly Force Mentally Ill Persons Police Use of Force Racial Disparities

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: Discrimination Human Rights Racial Disparities Racism Xenophobia

Author: Hinton, Elizabeth Title: An Unjust Burden The Disparate Treatment of Black Americans in the Criminal Justice System Summary: The evidence for racial disparities in the criminal justice system is well documented. The disproportionate racial impact of certain laws and policies, as well as biased decision making by justice system actors, leads to higher rates of arrest and incarceration in low-income communities of color. However, there is no evidence that these widely disproportionate rates of criminal justice contact and incarceration are making us safer. This brief presents an overview of the ways in which America's history of racism and oppression continues to manifest in the criminal justice system, and a summary of research demonstrating how the system perpetuates the disparate treatment of black people. The evidence presented here helps account for the hugely disproportionate impact of mass incarceration on millions of black people, their families, and their communities. Details: New York: Vera Institute of Justice, 2018. 20p. Source: Internet Resource: Vera Evidence Brief: Accessed May 11, 2018 at: https://storage.googleapis.com/vera-web-assets/downloads/Publications/for-the-record-unjust-burden/legacy_downloads/for-the-record-unjust-burden-racial-disparities.pdf Year: 2018 Country: United States URL: https://storage.googleapis.com/vera-web-assets/downloads/Publications/for-the-record-unjust-burden/legacy_downloads/for-the-record-unjust-burden-racial-disparities.pdf Shelf Number: 150157 Keywords: African Americans Racial Bias Racial Disparities

Author: Daniels, Flozell, Jr. Title: From Bondage to Bail Bonds: Putting a Price on Freedom in New Orleans Summary: Bail in Louisiana was once a system that enforced a constitutional right to be free after arrest and before a determination of guilt or innocence. Over time, it has been transformed into a money bail system in which that freedom is conditioned on the ability to pay money up front. What was originally designed as a right to pretrial freedom has become a means of control and extracting money from people who are arrested, and jailing those who cannot pay. The money bail system takes $6.4 million from New Orleans families each year, with over $1 million going to the court, $227,000 to each of three other agencies (the sheriff, district attorney, and public defender offices), and $4.7 million to commercial bail bond companies.1 For those whose families cannot afford to pay the price of pretrial freedom, the non-financial costs are even greater. Many poor and low income people stay in jail until their cases are resolved, regardless of the seriousness of the charges or the likely outcome of the case. In fact, most arrests and detention do not lead to a conviction with a sentence of incarceration; most plead guilty and are sentenced to probation or to the time they've already served before conviction. As a result, the only incarceration most people end up serving is the pretrial detention they suffer because of the requirement that they pay to gain their freedom, despite being legally innocent. Once their cases are resolved, most are released. The length of this money-based detention can be devastating. Those who cannot afford to pay bail stay in jail nearly four months while facing a felony charge and nearly one month for a municipal or state misdemeanor charge until their case is resolved. Even those who were able to pay bail were jailed an average of 11 days for a felony and three days for a misdemeanor before being freed. More than 500 people were in jail on any given day in 2015 for no other reason than that they could not afford to pay cash or purchase a bail bond. There are also enormous costs to the city's taxpayers, who pay more than $6 million each year to subsidize the cost of unnecessarily jailing these 500 people. People who are arrested in New Orleans are often poor-85 percent are too poor to hire a lawyer. They are also disproportionately black; black people are arrested at two and a half times the rate of white people. Fully 84 percent of the $6.3 million paid in money bail is paid by black people. Worse yet, black people are less likely to be able to pay the price set for their freedom; average income for black households is $25,324 while for white households it is $67,884.9 Consequently, most of the people in the jail-87 percent-are black. The money bail system intrinsically harms those least able to afford it, whether by extracting scarce dollars or jailing those with insufficient dollars to pay. Black people, whether subject to implicit biases or by virtue of being economically disadvantaged, suffer the greatest harm. New Orleans has led all U.S. cities in jailing its people. Why does a majorityblack city pursue policies and practices that lead to the jailing of black people at starkly higher rates than people of other races? Why does this city-300 years old, half of that post-emancipation-continue to exact the heavy human toll of conditioning freedom on the ability to pay the price set? One place to look for answers is in the historical practices of exploitation of people of color, driven or sanctioned by the state, that trade on the fiction of black dangerousness and criminality to extract revenue and exert control. This essay examines the extent to which money bail in New Orleans is a descendant of slavery and subsequent practices of racial exploitation. It describes bail and related practices across the city's 300-year history, identifying echoes in the present-day regime of money bail. It then explains the processes and costs of modern money bail. Finally, it presents some ways in which the city has been moving to a less harmful criminal legal system and offers models from jurisdictions that have rejected money-based detention as inconsistent with the core principle of innocent until proven guilty. Details: New Orleans: The Data Center, 2018. 11p. Source: Internet Resource: Accessed May 16, 2018 at: https://s3.amazonaws.com/gnocdc/reports/Daniels_bondage_to_bail_bonds.pdf Year: 2018 Country: United States URL: https://s3.amazonaws.com/gnocdc/reports/Daniels_bondage_to_bail_bonds.pdf Shelf Number: 150194 Keywords: Bail Bonds Poverty Pretrial Justice Pretrial Release Racial Disparities

Author: Eiler, Brian A. Title: The Behavioral Dynamics of Shooter Bias in Virtual Reality: The Role of Race, Armed Status, and Distance on Threat Perception and Shooting Dynamics Summary: There are clear racial disparities in police violence such that being Black puts one at a higher risk of being killed by police (Mapping Police Violence, 2016). One hypothesized mechanism for this disparity is "shooter bias", which refers to the tendency to shoot unarmed Black men more often, and armed Black men more quickly, than Whites in a shoot/no-shoot task (Correll, Hudson, Guillermo, & Ma, 2014). The current project addressed four potential influences on threat perception and shooting decision-making (biological complexity, implicit racial bias, armed status, and distance). A novel, yet simple, bias awareness feedback method as a potential intervention to reduce discriminatory shooting was also tested. Participants viewed a series of Black and White, armed and unarmed avatars at various distance locations in two experiments. In Exp. 1, participants judged each avatar in terms of threat level while in Exp. 2, participants made shooting decisions, both in virtual reality using a hand held controller. Feedback was given on the shoot/no-shoot task between two trial blocks. Heart rate was measured via the Empatica E4 and implicit bias was measured via a mouse-tracking version of the IAT using the MouseTracker Software. Participants demonstrated stronger associations for stereotype congruent pairings of race and armed status and had higher heart rate during incongruent trial blocks of the IAT. In Exp. 1, results revealed main effects of distance, race, and armed status (no interaction effects) such that armed avatars and closer distances produced the highest threat ratings. White avatars were perceived as more threatening than Black avatars. In Exp. 2, results revealed that participants performed more accurately for White targets than Black targets and held the trigger down for longer (and were more variable) when the target was Black. These trigger pull dynamics were also related to dynamic measures of implicit bias. Finally, performance feedback, resulted in improved performance (i.e., correct shoot/no-shoot decisions). Moreover, participant post-feedback trigger pull dynamics were no longer associated with implicit bias. The results of the pre-experimental testing demonstrated that participant heart rate increased (i.e., higher arousal/stress) during stereotype incongruent trials, illustrating the potential link between arousal and implicit bias. Exp. 1 demonstrated that threat perception was related to armed status and distance. However, participants rated Whites avatars as more threatening than Black avatars, indicating that threat perception can be influenced by social desirability concerns (i.e., aversive racism. The results of Exp. 2, however, were largely consistent with the hypothesis that Black avatars would produce biased shooting performance and shooting dynamics compared to White avatars. The results of Exp. 2, also validated the modified VR paradigm for measuring shoot/no-shoot decision making and the more nuanced dynamical measures of shooter bias employed (i.e., trigger dynamics). Furthermore, results implicated trigger pull dynamics as the underlying link between implicit bias and shooting decision making. Importantly, the results of Exp. 2 also demonstrated that racial differences in shooting behavior may be altered by a simple bias awareness feedback intervention that disrupts the association between race and weapons. Details: Cincinnati: University of Cincinnati, 2017. 121p. Source: Internet Resource: May 17, 2018 at: https://etd.ohiolink.edu/pg_10?0::NO:10:P10_ACCESSION_NUM:ucin1511798377909988 Year: 2017 Country: United States URL: https://etd.ohiolink.edu/pg_10?0::NO:10:P10_ACCESSION_NUM:ucin1511798377909988 Shelf Number: 150255 Keywords: Deadly Force Police Decision-Making Police Use of Force Police Violence Racial Disparities

Author: Sartain, Lauren Title: Suspending Chicago's Students Differences in Discipline Practices across Schools Summary: School districts across the country, including the Chicago Public Schools (CPS), are implementing policies aimed at reducing suspensions. The district has initiated a number of reforms over the past six years to bring about changes in schools' disciplinary practices with the goal of reducing the use of suspensions, as well as disparities in suspension rates by students' race, gender, and disability status. This report shows that a subset of schools drive high suspension rates, and these schools serve concentrations of extremely disadvantaged students. The first report in this series showed that out-of-school suspension (OSS) and arrest rates have been going down since 2009-10 in Chicago's schools, but that racial and gender disparities remain large. African American students are about three times more likely to be suspended than Latino students, and more than four times more likely to be suspended than white or Asian students. Boys are much more likely to be suspended than girls of the same race/ ethnicity. This report looks more closely at differences in the suspension and arrests rates based on students' background characteristics. It also shows differences in the use of suspensions across schools in Chicago and the degree to which schools' use of suspensions is related to the learning climate of the school and student achievement. Identifying the schools that use exclusionary discipline practices at extremely high rates can help districts target supports and interventions to the schools that need them the most, rather than relying on a district-wide, one-size-fits-all approach. Key Findings Students with the most vulnerable backgrounds are much more likely to be suspended than students without those risk factors. Almost a third of the high school students who were at some point victims of abuse or neglect were suspended in the 2013-14 school year. Over a quarter of the high school students from the poorest neighborhoods and over a quarter of students with the lowest incoming achievement were suspended during the year. The students that come to school the furthest behind also are the most likely to miss instructional time due to a suspension. At the same time, differences in the suspension rates for students with different risk factors, such as poverty and low achievement, do not explain most of the large racial and gender disparities in suspension rates. While African American students are more likely to face these problems, these background factors do not explain most of the differences in suspension rates by race. There are large disparities in suspension rates by race and by gender, even among students who have none of these risk factors. The biggest driver of racial disparities in suspension rates comes from differences in which schools students of different races/ethnicities attend. Racial disparities in suspensions could exist for multiple reasons. There could be differences in suspension rates among students who attend the same school, or students of different races could attend schools with very different suspension rates. We see evidence for both of these in Chicago's schools, although it is school differences in suspension rates that drive most of the racial disparities. Suspension rates are twice as high, on average, at the schools attended by African American students than the schools attended by Latino students, and the average suspension rates at the schools attended by Latino students are more than twice as high as the average suspension rates at the schools that white and Asian students attend. Because residential segregation leads schools in Chicago to be very segregated by race, differences in suspension rates across schools lead to differences in suspension rates by race. Differences in suspension rates among subgroups of students within schools also exist, although they are modest relative to the differences in average suspension rates across schools. The largest difference occurs for African American boys, who are suspended at much higher rates than other students in the same school. At schools that are racially/ethnically diverse, suspension rates of African American boys are 11-12 percentage points higher than their school average. At the same time, Latina, white, and Asian girls are suspended at lower rates than their school classmates, with average suspension rates that are 3-5 percentage points below other students at their schools. Details: Chicago: The University of Chicago Consortium on Chicago School Research (UChicago CCSR), 2015. 74p. Source: Internet Resource: Accessed May 21, 2018 at: https://consortium.uchicago.edu/sites/default/files/publications/Suspending%20Chicagos%20Students.pdf Year: 2015 Country: United States URL: https://consortium.uchicago.edu/sites/default/files/publications/Suspending%20Chicagos%20Students.pdf Shelf Number: 150317 Keywords: Racial Disparities School Discipline School Suspensions Student Misconduct

Author: Stevens, W. David Title: Discipline Practices in Chicago Schools: Trends in the Use of Suspensions and Arrests Summary: The Chicago Public Schools (CPS) have initiated a number of reforms to reduce the use of exclusionary practices that remove students from the classroom, like suspensions. This report, the first in a series on discipline practices in CPS, provides an overview of the use of suspensions and arrests in Chicago schools and the degree to which practices have changed from 2008-09 to 2013-14. Districts and policymakers across the United States are in the midst of a fundamental shift in how they approach school discipline. During the 1980s and 1990s, schools increasingly enacted discipline policies that mandated the use of suspensions, expulsions, and police arrests for student misconduct. In recent years, the general public, policymakers, and school administrators, from the federal level down, have strongly questioned this approach. Critics highlight the growing number of schools with very high suspension rates, as well as inequities in suspension rates by race, gender, family income, special education status, and sexual orientation. They point out that students who are suspended or expelled are more likely to struggle academically and drop out of school. There is evidence that students who attend schools with zero-tolerance approaches to discipline are also likely to experience negative school environments. As a result, national and local policymakers have called on schools to reduce the use of exclusionary disciplinary practices-those that remove students from the classroom (see box Definitions of Key Terms on p.8 for a description of various discipline practices we highlight in this report). Key Findings Out-of-school suspensions have been declining in CPS, but are still given frequently, especially at the (ISS). In-school suspensions are given more frequently to African American students than students of other racial/ethnic groups and the use of in-school suspensions have been increasing over time. ISS rates nearly doubled for African American high schools students between 2008-09 and 2013-14, but remained the same for other student groups. In-school suspensions are rare outside of the high schools; 4 percent of middle grades students received an ISS in the 2013-14 school year. Some schools may be using in-school suspensions in instances where they previously used out-of-school suspensions, or shortening the length of out-of-school suspensions while also giving students a day or two of ISS. In-school suspensions tend to be shorter than out-of-school suspensions and they allow for the possibility that students could receive an intervention or support while serving the suspension. Yet, they still result in a loss of instructional time for students. Suspension rates are strongly related to students' prior test scores, their race, and their gender. African American students are much more likely to be suspended than students of other races/ethnicities. Suspension rates are particularly high for African American boys in high school. About a third of African American boys in high school (33 percent) received an OSS in 2013-14. In comparison, 13 percent of Latino boys in high school and 6 percent of white/Asian high school boys received an OSS in 2013-14. African American girls also have high OSS rates in high school, at 23 percent in 2013-14. This compares to high school OSS rates of 6 percent for Latina girls and 2 percent for white /Asian girls. ISS rates are also much higher for African American students than for Latino or white/Asian students. Suspension rates are also high for students with disabilities and for students who begin the school year with test scores that are below average. OSS rates for students with identified disabilities were 24 percent at the high school level and 16 percent in middle grades in the 2013-14 school year. Among students with low test scores (scores in the bottom quartile in the prior school year), suspension rates are also very high: 27 percent received an OSS at the high school level and 17 percent received an OSS at the middle school level in the 2013-14 year. Thus, students who start the year with the weakest academic skills are more likely than other students to receive a suspension that removes them from classroom instruction. Most suspensions in high schools result from acts of student defiance-where students refuse to comply with adults' demands. At the high school level, about 60 percent of out-of-school suspensions and almost all in-school suspensions result from defiance of school staff, disruptive behaviors, and school rule violations. While administrators we interviewed recognized fights as a primary concern in their schools, 27 percent of out-of-school and 7 percent of in-school suspensions in high school are for physical conflict or threats to safety, meaning most suspensions result from conflicts that involve no physical harm. In the middle grades, conflicts between students and acts of defiance toward teachers account for most out-of-school suspensions, at about equal rates. Arrests for incidents at school are uncommon, though African American high school boys are more likely to be arrested than other students. In the 2011-12 school year (the most recent year for which we have Chicago Police Department data), 1.8 percent of high school students and 1.1 percent of middle grades students were arrested for incidents occurring at school. Arrest rates were twice as high among African American boys as for the district as a whole-3.6 percent of African American high school boys enrolled in CPS were arrested for at-school incidents in the 2011-12 school year, which is about 1-in-28 students. In comparison, 1.6 percent of Latino boys and 2 percent of African American girls and fewer than 1 percent of white/Asian students or Latina girls in high school were arrested for at-school events. Students are arrested more often for incidents that occur outside of school than for incidents at school. Over 4 percent of CPS high school students were arrested in the 2011-12 school year for incidents occurring outside of school. Combining arrests inside of school and outside of school, 6 percent of CPS students were arrested in the 2011-12 school year. Schools tend only to involve police in incidents for which the SCC requires police notification. Incidents for which police notification is optional but not required high school level. In 2013-14, about 1-in-7 high school students (16 percent) received an out-of-school suspension (OSS). This number is down from the highest point in the 2009-10 school year when about 1-in-4 high school students (24 percent) received an OSS. Since 2009-10, OSS rates in high schools have declined each year. At the middle grades level (grades 6-8), OSS rates were unchanged, at around 13-14 percent from 2008-09 to 2012-13, but they dropped in the 2013-14 school year to 10 percent. The average length of suspensions has also been declining over time, with the largest drop occurring in the 2012-13 school year. This drop coincided with changes to the CPS Student Code of Conduct (SCC) which explicitly constrained the use of long suspensions. The decline in high school OSS rates has been accompanied by a doubling of in-school suspension rates among African American high school students. In the 2013-14 school year, 15 percent of high school students received at least one in-school suspension solicit police notification only 22 percent of the time. Even when an infraction is serious enough to require police notification, schools only notify police 43 percent of the time. When they occur, infractions that involve drugs or weapons are most likely to result in a police notification. That is, about one out of every three incidents that involve drugs or weapons at a school result in police involvement. However, drug and weapons infractions represent a small portion of the discipline infractions at schools, so they are not the source of most arrests. Physical altercations, or physical fights among students, are the source of most police involvement at schools. Arrest rates for both in-school and out-of-school incidents have declined over time for CPS students. The declines in arrest rates have been driven by declining arrest rates for African American boys, who have consistently been much more likely to be arrested than other students. Both out-of-school arrests and in-school arrests of CPS students declined after 2009-10, up until 2011-12. At the same time that OSS rates and arrests have declined, students and teachers are reporting that they feel safer at school. At the high school level, student perceptions of safety and teacher perceptions of order have been improving since the 2008-09 school year; this is also the period during which OSS rates declined in high schools. At the middle grades level, there have been only marginal improvements in students' feelings of safety at school. However, there was a more marked improvement in the 2013-14 school year, which was the first year that OSS rates declined in the middle grades. This research suggests three major areas of focus if the district is to reduce the use of exclusionary disciplinary practices in Chicago schools: 1. High schools. Students are suspended at all grade levels, but very high suspension rates in high schools account for 56 percent of out-of-school suspensions districtwide. If the district is to reduce the use of suspensions and disciplinary disparities substantially, it will require changes in high school practices. Efforts aimed at lower grades will do little to reduce the overall use of exclusionary practices in CPS, unless there are concurrent changes in high schools. 2. Disparities in suspensions for African American students, especially for African American boys, and for students with low incoming achievement. While students of all races are occasionally suspended, suspension rates are much higher for African American students, and especially high for boys. Students with low incoming test scores are also at high risk for being suspended. The fact that high suspension rates persist for certain groups of students, despite policy efforts aimed at reducing the use of exclusionary practices, suggests a need for better support around reducing exclusionary practices in schools and classrooms that serve student groups with a higher likelihood of being suspended. 3. Prevention and de-escalation of conflict, especially between students and teachers. Most suspensions and arrests at school are a result of conflict between students and teachers-such as disobedience and defiance-or conflicts among students, especially in high schools. This suggests a need for increased training for teachers and school staff to prevent and de-escalate conflict, as well as to develop students' social-emotional skills, particularly at schools with high suspension rates. Details: Chicago: The University of Chicago Consortium on Chicago School Research (UChicago CCSR). 2015. 52p. Source: Internet Resource: Accessed May 21, 2018 at: https://consortium.uchicago.edu/sites/default/files/publications/Discipline%20Report.pdf Year: 2015 Country: United States URL: https://consortium.uchicago.edu/sites/default/files/publications/Discipline%20Report.pdf Shelf Number: 150318 Keywords: Racial Disparities School Crime School Discipline School Misconduct School Suspensions

Author: Gonzales Rose, Jasmine B. Title: Racial Character Evidence in Police Killing Cases Summary: The United States is facing a twofold crisis: police killings of people of color and unaccountability for these killings in the criminal justice system. In many instances, the officers' use of deadly force is captured on video and often appears clearly unjustified, but grand and petit juries still fail to indict and convict, leaving many baffled. This Article provides an explanation for these failures: juror reliance on "racial character evidence." Too often, jurors consider race as evidence in criminal trials, particularly in police killing cases where the victim was a person of color. Instead of focusing on admissible evidence, jurors rely on race to determine the defendant's innocence, the victim's propensity for violence, and the witnesses' credibility. This Article delineates the ways in which juror racial bias is utilized to take on evidentiary value at trial and constructs evidence law solutions to increase racial equality in the courtroom. Details: Pittsburgh: University of Pittsburgh School of Law, 2018. 72p. Source: Internet Resource: ; U. of Pittsburgh Legal Studies Research Paper No. 2018-13. Available at SSRN: https://ssrn.com/abstract=3183408: Accessed May 30, 2018 at: Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3183408 Shelf Number: 150382 Keywords: Deadly Force Police Killings Police Misconduct Police Use of Force Racial Disparities

Author: Gruber, Aya Title: Equal Protection Under the Carceral State Summary: McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan's phrase, "a fear of too much justice." The popular interpretation of this phrase is that the Supreme Court harbored what I call a "disparity-claim fear," dreading a future docket of racial discrimination claims and erecting an impossibly high bar for proving an equal protection violation. A related interpretation is that the majority had a "color-consciousness fear" of remedying discrimination through raceremedial policies. This Essay argues that the primary anxiety exhibited by the McCleskey majority was a "leniency fear" of death penalty abolition. Opinion author Justice Lewis Powell made clear his view that execution was the appropriate punishment for McCleskey's crime and expressed worry that McCleskey's victory would open the door to challenges of criminal sentences more generally. Understanding that the Court's primary political sensitivity was to state penal authority, not racial hierarchy, complicates the progressive sentiment that McCleskey's call-to-action is securing equality of punishment. Derrick Bell's "interest convergence" theory predicts that even conservatives with an aversion to robust equal protection law will accept racial-disparity evidence when in the service of crime-control values. Indeed, Justice Powell may have been more sanguine about McCleskey's discrimination claim had mandatory capital punishment been an option. This Essay cautions that, outside of the death penalty context, courts and lawmakers can address perceived punishment disparities through "level-up" remedies, such as mandatory minimum sentences or abolishing diversion (which is said to favor white defendants). It analyzes examples of convergence between antidiscrimination and prosecutorial interests, including mandatory sentencing guidelines, aggressive domestic violence policing and prosecution, and the movement to abolish Stand-Your-Ground laws. Details: Boulder, CO: University of Colorado Law School, 2018. 48p. Source: Internet Resource: Accessed May 30, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3179707 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3179707 Shelf Number: 150388 Keywords: Capital Punishment Death Penalty Domestic Violence Racial Disparities Sentencing Sentencing Guidelines Stand Your Ground Laws

Author: U.S. Commission on Civil Rights. New York Advisory Committee Title: The Civil Rights Implications of "Broken Windows" Policing in NYC and General NYPD Accountability to the Public Summary: The New York Advisory Committee (Committee) submits this report, "The Civil Rights Implications of "Broken Windows" Policing in NYC and General NYPD Accountability to the Public," as part of its responsibility to advise the Commission on Civil Rights issues within New York State. Beginning in Fall 2016, the Committee set out to review the effects of New York Police Department (the "NYPD") low level offense enforcement practices on individuals of color, with a particular emphasis on youth, as well as the accountability structures and oversight mechanisms governing the NYPD. The Committee held two days of public briefings on these issues in New York City on March 20 and March 21, 2017. Testimony was provided to the Committee by 27 persons on 11 panels. The presenters were academics, government officials and advocates with particular expertise on the matters covered by this report. The Committee also held interviews with senior leadership of the NYPD on February 13, February 15 and December 19, 2017 to garner the NYPD's perspective. This report summarizes important information from the presenters' testimony, written submissions, publicly available information, and interviews with senior leadership of the NYPD. The report provides recommendations based on the information received. The Advisory Committee trusts the Commission and the public will find the material in this report informative. Details: Washington, U.S. Commission on Civil Rights, 2018. 173p. Source: Internet Resource: Accessed June 1, 2018 at: http://www.usccr.gov/pubs/2018/03-22-NYSAC.pdf Year: 2018 Country: United States URL: http://www.usccr.gov/pubs/2018/03-22-NYSAC.pdf Shelf Number: 150428 Keywords: Broken Windows Policing Civil Rights Abuses Police Accountability Police Legitimacy Police-Citizen Interactions Racial Disparities

Author: U.S. Commission on Civil Rights. Indiana Advisory Committee Title: Civil Rights and the School-to-Prison Pipeline in Indiana Summary: The Indiana Advisory Committee to the U.S. Commission on Civil Rights submits this report regarding the civil rights impact of school discipline and juvenile justice policies in the state, which may lead to high rates of juvenile incarceration in what has become known as the "school to prison pipeline." The committee submits this report as part of its responsibility to study and report on civil rights issues in the state of Indiana. The contents of this report are primarily based on testimony the Committee heard during a web-based hearing on January 20, 2016 and an in-person hearing on February 17, 2015 in Indianapolis, IN. This report details civil rights concerns raised by panelists with respect to school discipline disparities, particularly for students of color, throughout the state of Indiana. It discusses the roles of implicit biases, economic disparities, and exclusionary school discipline policies in funneling students of color into the school-to-prison pipeline. From these findings, the Committee offers to the Commission recommendations for addressing this problem of national importance. Details: Washington, DC: U.S. Commission on Civil Rights, 2016. 100p. Source: Internet Resource: Accessed June 1, 2018 at: http://www.usccr.gov/pubs/Civil-Rights%20and-the-School-to-Prison-Pipeline-in%20Indiana.pdf Year: 2016 Country: United States URL: http://www.usccr.gov/pubs/Civil-Rights%20and-the-School-to-Prison-Pipeline-in%20Indiana.pdf Shelf Number: 150431 Keywords: Civil Rights Abuses Racial Disparities School Discipline School-to-Prison Pipeline

Author: U.S. Commission on Civil Rights. New York Advisory Committee Title: The Solitary Confinement of Youth in New York: A Civil Rights Violation Summary: On July 10, 2014, the New York Advisory Committee held a briefing on New York's use of solitary confinement (or extreme isolation, as it is sometimes termed) of youth inmates. The expert presenters included representatives from various state and city agencies and institutions in the State of New York as well as advocates and former inmates. The Committee examined the extent of the use of solitary confinement of youth in the State of New York and the City of New York, and, in particular, the disproportionate assignment of racial minorities to solitary confinement. At the briefing, the presenters discussed (a) the history of solitary confinement within the United States, (b) the conditions of solitary confinement in New York jails, (c) the mental, physical and developmental effects of solitary confinement on youth in New York jails, (d) the primary legal protections related to solitary confinement of youth inmates and (e) the pending legislative, judicial and executive efforts to eliminate or limit the solitary confinement of youth. In addition to the briefing, on June 25, 2014, the Committee conducted an on-site review of Rikers Island Correctional Facility (Rikers). This allowed the Committee to examine the conditions in punitive segregation units at Rikers and to speak with (i) prison officials, (ii) representatives of the New York City Department of Correction (NYC DOC) and the New York City Board of Correction (NYC BOC), and (iii) youth at Rikers who officials selected to speak with the Committee. Lastly, the Committee held a preparatory consultation on July 24, 2014 with experts in various states concerning the implementation of the Prison Rape Elimination Act (PREA). The Committee consulted with Elissa Rumsey, Compliance Monitoring Coordinator for PREA at the U.S. Department of Justice's (DOJ) Office of Juvenile Justice and Delinquency Prevention; Teresa Abreu, Acting Executive Director for the Cook County Juvenile Temporary Juvenile Detention Center; Michael Dempsey, Executive Director of the Indiana Department of Correction's Division of Youth Services; Rick Angelozzi, Superintendent of both Columbia River Correctional Institution and South Fork Forrest Camp within the Oregon Department of Corrections; and Jason Effman, PREA Coordinator for the New York State Department of Corrections and Community Supervision (DOCCS). Based on this record, including the documents referenced herein, the Committee offers 10 findings and makes 7 primary recommendations and 31 total recommendations-found in Chapter 4 of this report-and recommends that the U.S. Commission on Civil Rights call on the Department of Justice and other appropriate federal officials and agencies to use their authority to implement the Committee's recommendations. Details: Washington, DC:The Commission, 2014. 78p. Source: Internet Resource: Accessed June 5, 2018 at: http://www.usccr.gov/pubs/NY-SAC-Solitary-Confinement-Report-without-Cover.pdf Year: 2014 Country: United States URL: http://www.usccr.gov/pubs/NY-SAC-Solitary-Confinement-Report-without-Cover.pdf Shelf Number: 150482 Keywords: Civil Rights Inmate Misconduct Isolation Juvenile Inmates Racial Disparities Restrictive Housing Solitary Confinement

Author: Anyon, Yolanda Title: Spotlight on Success: Changing the Culture of Discipline in Denver Public Schools Summary: This mixed methods study draws on district discipline data, interviews, and focus groups to identify characteristics of DPS schools who met the district's discipline goals of a 0-3% suspension rate for their student population overall and for Black students in particular during the 2014-2015 school year. Quantitative Findings Statistical analyses comparing schools who met the district's discipline goals to those who did not revealed that low-suspending schools had the following features: - More racially and economically integrated - Fewer serious discipline incidents (type 2-6) reported by school staff - Greater use of Restorative Practices in response to discipline incidents - Less frequent use of in- and out-of-school suspension among disciplined students Qualitative Findings Principals and school staff from a subset of low-suspending schools reported the following common strategies, conditions, and district resources were used to meet the district's discipline goals: Positive Behavior and School Culture Systems - Relationship Building - Behavioral Recognitions and Rewards - Social-Emotional Skill Building - Restorative Practices Inclusive Policies and Protocols for Responding to Misbehavior - Start with Classroom-Based Interventions - Connect Misbehaving Students to Support Services - Use Punitive and Exclusionary Discipline Practices as a Last Resort Supportive Implementation Conditions - Robust School-Based Student and Family Services - Professional Learning, Training and Coaching - Strategic Hiring for Culture Fit Awareness of Racial Inequalities and Bias - Strengthen Staff Members Knowledge about Racial Disparities - Prioritize Relationship Building with Black Families and Students District Supports - Policy & Intervention Consultations with Discipline Coordinators - Professional Development Units on Restorative Practices and Equity Details: Denver: University of Denver (DU) Graduate School of Social Work (GSSW) and the Office of Social-Emotional Learning at Denver Public Schools (DPS), 2016. 39p. Source: Internet Resource: Accessed June 21, 2018 at: https://assets.documentcloud.org/documents/3022172/Spotlight-on-Success-Changing-the-Culture-of.pdf Year: 2016 Country: United States URL: http://www.documentcloud.org/documents/3022172-Spotlight-on-Success-Changing-the-Culture-of.html Shelf Number: 150622 Keywords: Racial Disparities Restorative Justice School Crime School Discipline School Suspensions

Author: Steinberg, Matthew P. Title: The Academic and Behavioral Consequences of Discipline Policy Reform: Evidence from Philadelphia Summary: The School District of Philadelphia (SDP) made dramatic changes to its code of conduct in 2012-2013, prohibiting the use of out-of-school suspensions for low-level conduct offenses-such as profanity and failure to follow classroom rules-and reduced the length of suspensions for more serious infractions. This report addresses four questions: Did Philadelphia's discipline policy reform reduce the use of out-of-school suspensions? Was the policy reform associated with changes in suspensions, achievement, and school attendance for students who were suspended prior to the reform? Was the policy reform associated with changes in achievement and school attendance for peers who were not suspended prior to the reform? Was the policy reform associated with a change in racial disproportionality? Key Findings: Changes in district policy resulted in an initial reduction in the number of low-level conduct suspensions, but the decrease did not persist. Notably, most schools did not comply with the policy change prohibiting such suspensions. Previously suspended students were less likely to be suspended after the policy change. Peers who did not receive a conduct suspension prior to the change experienced worse outcomes in schools that didn't (or couldn't) comply with the policy change prohibiting conduct suspensions. Revising the district's code of conduct was associated with an increase in racial disproportionality at the district level. Details: Washington, DC: Thomas B. Fordham Institute, 2017. 35p. Source: Internet Resource: Accessed June 21, 2018 at: http://edex.s3-us-west-2.amazonaws.com/publication/pdfs/%2812.05%29%20The%20Academic%20and%20Behavioral%20Consequences%20of%20Discipline%20Policy%20Reform%20Evidence%20from%20Philadelphia.pdf Year: 2017 Country: United States URL: http://edex.s3-us-west-2.amazonaws.com/publication/pdfs/%2812.05%29%20The%20Academic%20and%20Behavioral%20Consequences%20of%20Discipline%20Policy%20Reform%20Evidence%20from%20Philadelphia.pdf Shelf Number: 150623 Keywords: Racial Disparities School Attendance School Discipline School Suspensions

Author: Anderson, Kaitlin P. Title: Do School Discipline Policies Treat Students Fairly? A Second Look at School Discipline Rate Disparities Summary: Since the early 1990s, many schools have adopted zero tolerance policies in response to fears of violence. This approach removes students from school for violations ranging from serious offenses like violent behavior to less serious offenses such as dress code violations or truancy (Losen & Skiba, 2010; Skiba, 2014; Skiba & Peterson, 1999;). While it may be necessary, in extreme cases, to remove a student from campus, many fear this movement has gone too far. Zero tolerance policies and exclusionary discipline such as expulsions and suspensions are associated with lower academic achievement (Beck & Muschkin, 2012; Raffaele-Mendez, 2003; Raffaele-Mendez, Knoff, & Ferror, 2002; Skiba & Rausch, 2004), school dropout (American Academy of Pediatrics, 2013; American Psychological Association, 2008; Ekstrom, Goertz, Pollack, & Rock, 1986), and involvement in the juvenile justice system (American Academy of Pediatrics, 2013; Balfanz, Spiridakis, Neild, & Legters, 2003; Fabelo et al., 2011; Nicholson-Crotty, Birchmeier, & Valentine, 2009). One particularly troubling by-product of the increased use of exclusionary discipline is the growing evidence that such disciplinary practices are employed disproportionately for students from marginalized groups. Numerous researchers have documented differences in suspension rates between White students and students of color (Anyon et al., 2014; Losen, Hodson, Keith, Morrison, & Belway, 2015; Losen & Skiba, 2010; Sartain et al., 2015; Skiba et al., 2014; Skiba, Michael, Nardo, & Peterson, 2002; Skiba et al., 2011; Welch & Payne, 2010). In this study, we contribute to this growing base of evidence by assessing the extent to which Black students in Arkansas, over the past several years, have received more severe consequences than White students - despite being cited for similar infractions. This analysis makes a unique contribution both by controlling for the specific infractions leading to the disciplinary consequences (relatively few studies in the existing literature connect infractions to consequences) and by using days of suspension as the consequence measure rather than simply the likelihood of being suspended. While it is certainly helpful to know if Black students are more likely - all else equal - to receive exclusionary discipline, it is also important that we are aware of any disparities in the severity of the consequences given. In the next section, we set the context for our study by presenting the evidence from the literature on racial disparities in student discipline in two categories of studies. First, we discuss national studies that have generally relied on school-level data and provided only an overview of the consequences levied on students of different races. Because these studies are unable to connect consequences with the associated infraction referral, many questions are left unanswered. We then consider a second set of studies that have investigated the student and school characteristics associated with racial disparities in discipline within particular states or districts. Details: Little Rock: University of Arkansas, Department of Education Reform (EDRE), 2017. 36p. Source: Internet Resource: EDRE Working Paper 2015-11 : Accessed June 21, 2018 at: http://www.uaedreform.org/downloads/2017/04/do-school-discipline-policies-treat-students-fairly-a-second-look-at-school-discipline-rate-disparities.pdf Year: 2017 Country: United States URL: http://www.uaedreform.org/downloads/2017/04/do-school-discipline-policies-treat-students-fairly-a-second-look-at-school-discipline-rate-disparities.pdf Shelf Number: 150625 Keywords: Racial Disparities School Discipline School Suspensions Zero Tolerance Policies

Author: Anderson, Kaitlin P. Title: Discipline Disproportionalities in Schools: The Relationship between Student Characteristics and School Disciplinary Outcomes Summary: According to a 2014 report from the US Department of Education's Office for Civil Rights, black students represent only 15% of students across the nation, but 35% of students suspended once are black, 44% of students suspended more than once are black, and 36% of expelled students are black. These disparate disciplinary aggregate outcomes, while troubling, do not provide as much information as policymakers need. In this study, we exploit three years of student-level discipline data from Arkansas to assess the extent to which black students or other minority students were more likely to receive certain types of punishments, even for the same infraction. In previous studies utilizing the same dataset, we find that, consistent with the recent reports on this topic, black students were punished more frequently; furthermore, we find that black students received slightly longer punishments than their white peers in the same school. The current study utilizes multinomial logit to assess the extent to which student demographics predict consequence type, even after controlling for infraction-level information and district characteristics. Black students, males, and low-income students (eligible for free- and reduced- lunch) were more likely to receive certain types of exclusionary consequences such as out-of-school suspension, expulsion, and referrals to Alternative Learning Environments relative to in-school-suspension. Details: Little Rock: University of Arkansas, Department of Education Reform, 2015. 24p. Source: Internet Resource: EDRE Working Paper 2015-08: Accessed June 22, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2693141 Year: 2015 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2693141 Shelf Number: 150634 Keywords: Racial Disparities School Discipline School Suspensions

Author: Mendel, Richard Title: Transforming Juvenile Probation: A Vision for Getting It Right Summary: The Annie E. Casey Foundation presents its vision for transforming juvenile probation into a focused intervention that promotes personal growth, positive behavior change and long-term success for youth who pose significant risks for serious offending. Nearly a half-million young people are given some form of probation annually and it serves as a critical gatekeeper to determine whether young people are placed in residential institutions. Probation plays a significant role in perpetuating the vast overrepresentation of African-American, Latino and other youth of color in our nation's justice systems. This report delivers the evidence and rationale for two interdependent approaches. First, it calls for reducing the size of the probation population dramatically by diverting far more youth from the juvenile justice system to community resources. Second, it seeks to transforming probation into a more effective intervention for the much smaller population of youth who will remain on probation officer's caseloads. It describes necessary elements of reform, such as building relationships; embracing families and community organizations; motivating youth through incentives and opportunities; and setting clear and meaningful outcome goals for probation itself. Details: Baltimore: Annie E. Casey Foundation, 2018. 60p. Source: Internet Resource: Accessed July 5, 2018 at: http://www.aecf.org/m/resourcedoc/aecf-transformingjuvenileprobation-2018.pdf Year: 2018 Country: United States URL: http://www.aecf.org/m/resourcedoc/aecf-transformingjuvenileprobation-2018.pdf Shelf Number: 150771 Keywords: Alternatives to Incarceration Juvenile Detention Juvenile Justice Reform Juvenile Offenders Juvenile Probation Racial Disparities

Author: Braun, Michael Title: Police Discretion and Racial Disparity in Organized Retail Theft Arrests: Evidence from Texas Summary: When definitions of two distinct criminal offenses overlap, power to decide which definition to apply to an arrest devolves to local law enforcement agencies. This discretion can lead to unequal treatment and denial of due process, especially when disadvantaged populations are arrested for nonviolent property crimes. We present a Bayesian analysis of arrests under a vaguely worded statutory scheme for retail theft in Texas, in which a shoplifter who is guilty of property theft is also guilty of organized retail theft. Using arrest data from the Texas Department of Public Safety, we find wide variation across law enforcement agencies in initial charging categories, with black and Hispanic arrestees being charged for the more serious crime more than white arrestees. The racial discrepancy is greater for agencies serving cities with higher per-capita income. These results highlight consequences of ambiguous provisions of criminal codes, and suggest a method for identifying agencies whose policies may have disparate impact across racial and ethnic groups. Details: Dallas: Southern Methodist University, 2018. 44p. Source: Internet Resource: SMU Cox School of Business Research Paper No. 18: 3Accessed August 3, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2959076 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2959076 Shelf Number: 151014 Keywords: Police Discretion Pretrial Detention Property Crime Racial Disparities Racial Profiling in Law Enforcement Retail Crime Shoplifting

Author: John Howard Association of Illinois Title: Punishment That Doesn't Fit the Crime: Stories of People Living on the Margins Summary: This report examines stories of marginalized individuals in relation to criminal justice systems over the course of their lives-in being stopped, searched, arrested, fined, jailed or incarcerated for low level offenses. These stories unmask the cumulative impact that criminal justice involvement, coupled with economic and racial inequalities, has on the life trajectories, happiness, and quality of life of marginalized individuals, their families and communities. Through these stories, the static and ineffective roles of many system actors became clear. Our jails and prisons have become the sole response to a myriad of system failures, including miscarriages in mental health treatment, racial and economic inequality, education, child and family welfare support, community infrastructure, housing and employment opportunities. A complex web of interrelated social failures and ills cannot be effectively cured by simply increasing the reach of police, sanctions, criminal courts, jails, and prisons over the lives of American citizens. As inequalities in the justice system are invisible, cumulative, inter-generational, and deeply concentrated in a small fraction of the population, the experiences of this population are traditionally left out of public discourse on criminal justice. In order to foster more democratic communities by continually challenging dominant narratives, we present these lived experiences as a way to rethink our common histories and public policy in light of each other's stories. Details: Chicago: John Howard Association of Illinois, 2018. 50p. Source: Internet Resource: Accessed August 13, 2018 at: http://www.thejha.org/sites/default/files/JHA%20Report%20Punishment%20That%20Doesn%27t%20Fit%20the%20Crime%20Stories%20of%20People%20Living%20on%20the%20Margins%20Part%201.pdf Year: 2018 Country: United States URL: http://www.thejha.org/sites/default/files/JHA%20Report%20Punishment%20That%20Doesn%27t%20Fit%20the%20Crime%20Stories%20of%20People%20Living%20on%20the%20Margins%20Part%201.pdf Shelf Number: 151114 Keywords: Disadvantaged Persons Homeless Persons Homelessness Poverty Racial Disparities Vagrants

Author: Feierman, Jessica Title: The Price of Justice: The High Cost of "Free" Counsel for Youth in the Juvenile Justice System Summary: Despite being eligible to have court-appointed attorneys at no cost, indigent juvenile defendants and their families are often charged for "free" counsel, a report from the Juvenile Law Center finds. Funded by the Laura and John Arnold Foundation, the report, The Price of Justice: The High Cost of 'Free' Counsel for Youth in the Juvenile Justice System, found that forty states have laws that permit or even require courts to charge for public defenders. The fees push families - who can be held in contempt of court, receive a civil judgment, or receive liens against their properties if they can't pay into debt, forces youth deeper into the justice system, and jeopardizes the constitutionality of juvenile court proceedings. Youth of color, who are more likely than white youth to be criminalized for the same behavior and are overrepresented in the criminal justice system, are disproportionately affected, with no benefit to public safety or their rehabilitation. The policies that best ensure constitutional juvenile proceedings and an effective justice system, the report concludes, require the elimination of costs and fees for court-appointed counsel or public defenders. Details: Washington, DC: Juvenile Law Center, 2018. 24p. Source: Internet Resource: Accessed August 29, 2018 at: https://debtorsprison.jlc.org/documents/JLC-Debtors-Paying-for-Justice.pdf Year: 2018 Country: United States URL: https://debtorsprison.jlc.org/documents/JLC-Debtors-Paying-for-Justice.pdf Shelf Number: 151287 Keywords: Criminal Debt Indigent Defense Juvenile Defendants Juvenile Offenders Legal Aid Public Defenders Racial Disparities

Author: Ash, Elliott Title: Local Public Finance and Discriminatory Policing: Evidence from Traffic Stops in Missouri Summary: This paper provides evidence of racial variation in local governments' traffic enforcement responses to budget stress using data from policing agencies in the state of Missouri for the years 2001 through 2014. Like previous studies, we find that local budget stress is associated with higher citation rates. In addition, we find that there is an increase in traffic-stop arrests. However, we find that these effects are concentrated among white (rather than black or Hispanic) drivers. This statistical difference is robust to the inclusion of a range of covariates for traffic stops and to the inclusion of local population features interacted with year. These results are consistent with a model where traffic police selectively target higher-income drivers to compensate for budget stress. Also consistent with this view, we find that the racial difference in citation and arrest rates is highest where the white-to-black income ratio is highest. Details: Columbia Public Law Research Paper, 2018. 29p. Source: Internet Resource: Accessed September 12, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3192562 Year: 2018 Country: United States URL: file:///C:/Users/AuthUser/Downloads/SSRN-id3192562.pdf Shelf Number: 151485 Keywords: Law Enforcement Policing Racial Disparities Traffic Stops

Author: Southern Poverty Law Center Title: Racial Profiling in Louisiana: Unconstitutional and Counterproductive Summary: Racial profiling - the unconstitutional practice of law enforcement targeting individuals due to the color of their skin - remains an egregious and common form of discrimination and continues to taint the legitimacy of policing in the United States. It is both pervasive and hard to prove. Stopping an individual merely for "driving while black" violates the U.S. and Louisiana constitutions, but few cases have been brought in state or federal courts in Louisiana to challenge racially discriminatory policing. Racial profiling is also problematic from a public safety perspective because it undercuts effective police work by damaging trust in law enforcement. Racial profiling is likely a major driver of Louisiana's high incarceration rate. Although Oklahoma has now surpassed Louisiana as the world's No. 1 incarcerator, Louisiana remains a close second. By expanding the pool of people who come under police surveillance, racial profiling leads police to refer a disproportionate number of people of color for criminal prosecution, often for low-level crimes such as drug possession. Police officers' disproportionate focus on people of color means that they are disproportionately ticketed, arrested, prosecuted, and ultimately imprisoned. In 2016, for instance, black adults comprised only 30.6% of Louisiana's adult population but 53.7% of adults who were arrested and 67.5% of adults in prison. Overall, black adults are 4.3 times as likely as white adults to be serving a felony prison sentence in Louisiana. The SPLC has found large racial disparities in arrest rates across the state that would be difficult to explain by different rates of crime commission alone. For example, in 2016, black people were 2.9 times as likely as white people to be arrested for marijuana possession in Louisiana, despite evidence that black people and white people use marijuana at similar rates. The disparities are much greater in some areas: A black person was six times as likely as a white person to be arrested by the Baton Rouge Police Department (BRPD) for marijuana possession in 2016. Gretna, previously labeled the "arrest capital of the United States" for its sky-high arrest rate, continues to target black people disproportionately for arrests: In 2016, black people comprised two-thirds of people arrested in Gretna but only one-third of the city's population.15 And 67% of the arrests of black people in Gretna were for the nonviolent offenses of drug possession (not sale), drunkenness, disorderly conduct, and other offenses that the FBI does not track due to their relatively minor nature. The death of Alton Sterling, a 37-year-old black man, at the hands of two white BRPD officers on July 5, 2016 highlighted decades-long tensions in Louisiana's capital over police treatment of Louisianans of color, especially African Americans. From the department's crackdown on civil rights marchers in the 1960s, to its illegal searches and arrests in the aftermath of Hurricane Katrina (which raised alarm bells among out-of-state police officers dispatched to the city to assist with public safety), to its militarized response to the protests over Alton Sterling's death,20 the BRPD has consistently over-policed the city's black community and violated the First Amendment rights of people who speak out against police brutality. If the BRPD ever hopes to resolve these longstanding tensions and earn the trust and respect of the city's black residents, who comprise a majority of its population, combatting racial profiling will be an essential first step. Notwithstanding the well-known harms of racial profiling in Baton Rouge and across the state, both for over-policed communities and for public safety more generally, a surprising number of Louisiana police departments do not have policies to address it. The SPLC's investigation revealed that more than a third of the state's law enforcement agencies lack any policy on racial profiling. And the policies that do exist usually fail to explain clearly to officers what racial profiling is and what conduct is prohibited. While the much-needed sentencing reforms Louisiana began implementing in 2017 are projected to reduce the state's prison population by 10% over the next 10 years, resulting in savings of $262 million, none of the reforms focus on the disproportionate policing of Louisianans of color. Eliminating racial profiling must be a priority if Louisiana wants to shed its status as one of the world's most prolific incarcerators. To address these harms, Louisiana law enforcement agencies must adopt and enforce effective policies against racial profiling and take other steps to ensure constitutional policing. For their parts, the Legislature and the Louisiana Commission on Law Enforcement and Administration of Criminal Justice should institute a host of reforms to curb this unconstitutional and counterproductive practice. Details: Montgomery, AL: SPLC, 2018. 52p. Source: Internet Resource: Accessed September 20, 2018 at: https://www.splcenter.org/sites/default/files/leg_special_report_racial_final.pdf Year: 2018 Country: United States URL: https://www.splcenter.org/sites/default/files/leg_special_report_racial_final.pdf Shelf Number: 151597 Keywords: Driving While Black Police Brutality Racial Bias Racial Discrimination Racial Disparities Racial Profiling in Law Enforcement

Author: Miller, Eric J. Title: Reasonably Radical: Terry's Attack on Race-Based Policing Summary: In this article celebrating the 50th anniversary of Terry v. Ohio, I argue that the criminal justice system is not an integrated system, but a fragmented one. One way it is fragmented, the Terry Court recognizes, is between crime control and public-order policing. Crime control has high-judicial visibility, allowing illegally-gained evidence to be excluded at trial. Public-order policing has low-judicial visibility. What happens on the street stays on the street, and rarely makes it to the courtroom. Read this way, Terry tells lawyers something uncomfortable. In a fragmented criminal justice system, there are some forms of police misconduct that the Court, and the exclusionary rule, just cannot remedy. Doing social activism through law is not enough. The Fourth Amendment lacks the resources to protect us from race-based policing. For the most part, the race-based criticism of Terry focuses, understandably enough, on the Court's failure to engage with a race-conscious approach to the problems of race-based policing. Many of these critiques are urgent and important. However, in an attempt to place the blame for subsequent doctrinal novelties at the feet of the Terry Court, they generally embargo and explain away the Court's explicit discussion of race-based policing and the Court's references-express and implied-to the recently published Challenge of Crime in a Free Society. To reclaim a sense of Terry's powerful engagement with race and reasonableness, I want to separate out Terry from its progeny and suggest that the Court was engaged in a conversation with the 1967 President's Commission Report, The Challenge of Crime in a Free Society. I begin by discussing the President's Commission's radical critique of race-based policing and its even more radical recommendations for reform: recommendations that have largely been ignored and unfulfilled. I then explain how Terry's approach to stop and frisk responds to race-based harassment by, not only adopting, but rendering more stringent, the President Commission's recommendations on the use of stops and frisks. I suggest that Terry's precise, rule-like approach to stop-and-frisk policing precludes its use as a device for low-level racial harassment and limits its use to investigating crimes of violence. This precision enabled the Court to tackle head-on a problem identified by both the Terry Court and the Report: the central place occupied by physical displays of police authority - often called "command presence" - to dominate racial minorities. I conclude by suggesting that critics, frustrated at the way the reasonable suspicion standard has been co-opted by a pro-police agenda, miss the Court's central regulatory claims. Three claims are particularly important: (1) that there is not one criminal justice system, but many overlapping systems; (2) that the police conduct is highly visible in minority communities; but (3) that same conduct is low visibility in the courts that are supposed to regulate their behavior. Constitutional litigation is thus a limited resource against the sort of low-visibility policing that remains separate from the process of criminal prosecution and so incapable of judicial oversight. Details: Los Angeles: Loyola Law School, 2018. 36p. Source: Internet Resource: Loyola Law School, Los Angeles Legal Studies Research Paper No. 2018-31: Accessed September 26, 2018 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3238801 Year: 2018 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3238801 Shelf Number: 151698 Keywords: Racial Bias Racial Disparities Racial Profiling in Law Enforcement Stop and Frisk Stop and Search Terry v. Ohio

Author: Alabama Appleseed Title: Under Pressure: How fines and fees hurt people, undermine public safety, and drive Alabama's racial wealth divide Summary: We surveyed 980 Alabamians from 41 counties about their experience with court debt, including 879 people who owed money themselves and 101 people who were paying debt for others. Of the people who owed money themselves, we found: More than eight in ten gave up necessities like rent, food, medical bills, car payments, and child support, in order to pay down their court debt. Almost four in ten admitted to having committed at least one crime to pay of their court debt. One in five people whose only previous offenses were traffic violations admitted to committing more serious offenses, including felonies, to pay off their traffic tickets. The most common offense committed to pay off court debt was selling drugs, followed by stealing and sex work. Survey respondents also admitted to passing bad checks, gambling, robbery, selling food stamps, and selling stolen items. 44% used payday or title loans to cover court debt. Almost two-thirds received money or food assistance from a faith-based charity or church that they would not have had to request if they weren't paying court debt. Almost seven in ten were at some point declared indigent by a court, and by almost every measure, indigent survey-takers were treated more harshly than their non-indigent peers. They were more likely to have been turned down for or kicked out of diversion programs for financial reasons, more likely to have their debt increased, be threatened with jail, or actually be jailed for non-payment of court debt. Almost half of the people who took our survey did not think they would ever be able to pay what they owe. The 101 people who took our survey who were paying debt for other people (usually family members) were more likely to be middle-aged African-American women than to belong to any other demographic group. While others their age were saving money for retirement, helping their children with college or other expenses, paying down mortgages, or taking vacations, these African-American women were disproportionately burdened with paying court debt for their families. Details: Birmingham: Alabama Appleseed, 2018. 66p. Source: Internet Resource: Accessed October 13, 2018 at: http://www.alabamaappleseed.org/wp-content/uploads/2018/10/AA1240-FinesandFees-10-10-FINAL.pdf Year: 2018 Country: United States URL: http://www.alabamaappleseed.org/wp-content/uploads/2018/10/AA1240-FinesandFees-10-10-FINAL.pdf Shelf Number: 152919 Keywords: Court Debt Criminal Debt Criminal Fines and Fees Poverty Racial Disparities

Author: Marchbanks, Miner P., III Title: Assessing the Role of School Discipline in Disproportionate Minority Contact with the Juvenile Justice System: Final Technical Report Summary: The purpose of this project was to assess the predictors of school discipline contact and the consequences of this contact on educational and juvenile justice outcomes of racially and ethnically diverse students. Further, this project examines the predictors of moving through the various stages of juvenile justice system. Last, the analyses look at the relationship between school strictness and various outcomes of great importance including school achievement and juvenile justice contact. Across analyses, the impact of race was considered. The research conducted here is a more complex and in-depth continuation of an investigation began by the Public Policy Research Institute (PPRI) at Texas A&M University (TAMU). PPRI subsequently received funding under the Office of Juvenile Justice and Delinquency Prevention's (OJJDP) 2012 Field Initiated Research and Evaluation Program to more closely examine the school discipline policies and the juvenile justice process across ethnic minority groups. A series of studies using a variety of advance statistical methods establish strong evidence of racial bias in school discipline contact, severity of punishment, poor educational outcomes, and justice system referrals across various types of schools and communities. We utilize quantitative methods ranging from structural equation models, an ordered probit with Heckman selection, clustered standard errors, to generalized linear models to highlight findings consistent with the "school-to-prison pipeline" model. The key measures of racial composition of school, teacher diversity, student-teacher racial/ethnic incongruence, and proportion of students receiving free or reduced lunch, were used as controls to investigate the prevalence of harsh discipline, poor educational outcomes, and justice system referrals across harsh/lenient schools and rural-urban communities. This report summarizes key findings from 14 manuscripts, including articles/book chapters. Many are published or in the process of being published in refereed journals. Dependent variables are at the case, student and school level. At the student level, these include encountering the school disciplinary system, juvenile justice referrals, standardized test failure and severity of punishment. At the school/campus level, outcomes include grade retention rate, dropout rate, and juvenile justice referral rate. In measuring cases where students enter the juvenile justice system, we use three dependent variables including referral to prosecutor, prosecutorial action, and case outcome. The results of this study will help advance the field on a theoretically grounded and statistically rigorous model for understanding school the racial lines of the "school-to-prison pipeline". Details: College Station, TX: Public Policy Research Institute, Texas A&M University, 2017. 72p. Source: Internet Resource: Accessed October 15, 2018 at: https://www.ncjrs.gov/pdffiles1/ojjdp/grants/252059.pdf Year: 2017 Country: United States URL: https://www.ncjrs.gov/pdffiles1/ojjdp/grants/252059.pdf Shelf Number: 152937 Keywords: Racial Disparities School Crime School Discipline School Security School-to-Prison Pipeline

Author: Tasca, Melinda Title: Examining Race and Gender Disparities in Restrictive Housing Placements Summary: Placement into restrictive housing is a controversial practice experienced by some inmates during incarceration. Nevertheless, little is known about who is placed in restrictive housing and under what conditions. Although this correctional management tool is used to isolate inmates who pose a risk to the operation and security of an institution, assessments underlying placement decisions are often racialized and gendered. Coupled with the seclusion of prisons from public scrutiny and the wide discretion afforded to prison officials, there are ample opportunities for extralegal factors to influence treatment. In an effort to generate a broader understanding of racial and gender disparities in conditions of confinement, this study-supported through NIJ's W.E.B. DuBois Research Fellowship Program- examined restrictive housing placement decisions. Using administrative records on all inmates released from prison in one large state between 2011 and 2014 (N = 33,143), this study assessed racial and ethnic disparities in men and women's: 1) placements into any segregation; 2) placements into particular types of segregation (i.e. administrative segregation, disciplinary and mental health segregation); 3) the length of time spent there; and 4) the reasons provided for these placements. Descriptive, bivariate, and multivariate analyses were estimated to assess these relationships. Given that multiple housing placements were recorded for each inmate (N = 124,942), multilevel modeling procedures were used (i.e. hierarchical logistic regression, hierarchical negative binomial regression). Overall, results indicated significant racial and ethnic disparities in restrictive housing placements among men and women, net of legally- and administratively-relevant factors and other inmate characteristics. To be sure, Native American men were more likely than Whites to experience placements into any segregation, disciplinary segregation, and administrative segregation (ad-seg). Latinos and Black men had lower odds of placement into any segregation and also disciplinary segregation relative to Whites. At the same time, Native American men and Latinos spent more days in any segregation and ad-seg when placed there compared to Whites. Latinos in disciplinary segregation also experienced longer placements, while Blacks' disciplinary segregation placements were shorter than Whites. For women, racial disparities were observed in placements into ad-seg and mental health segregation. Native American, Latina, and Black women had increased odds of placement into administrative segregation relative to their White counterparts. Latinas were less likely than Whites to experience placement into mental health segregation. Routine operations (e.g., custody reclassification, lateral transfers, inmate population adjustments) was the most commonly cited reason for restrictive housing placements across race/ethnicity and sex. This project informs research and policy alike. First, this study extends empirical knowledge on disparities in criminal justice decision-making to the correctional setting. Second, this project responded directly to calls for research regarding the use of segregation and whether it is applied fairly. Our work offers insight into the experiences of diverse and understudied groups, particularly Native Americans. And finally, this work can be useful for correctional departments when navigating and implementing decisions and practices pertaining to restrictive housing. Details: Report to the U.S. National Institute of Justice, 2018. 24p. Source: Internet Resource: Accessed October 22, 2018 at: https://www.ncjrs.gov/pdffiles1/nij/grants/252062.pdf Year: 2018 Country: United States URL: https://www.ncjrs.gov/pdffiles1/nij/grants/252062.pdf Shelf Number: 153056 Keywords: Administrative Segregation Ethnic Disparities Inmate Discipline Isolation Racial Disparities Restrictive Housing Solitary Confinement

Author: Shiner, Michael Title: The Colour of Injustice: 'Race', drugs and law enforcement in England and Wales Summary: Stop and search focuses on low-level drug offences - Use of stop and search has fallen sharply, dropping by 75 per cent from 2010/11 to 2016/17. - Stop and search has become increasingly concentrated on suspected drug offences, most of which involve low-level possession. Half of all stop-searches were targeted at drugs in 2010/11, rising to almost two-thirds by 2016/17. - The intensity of the focus on drugs varies sharply between forces: 82 per cent of stop-searches during 2016/17 were for drugs in Merseyside compared with 46 per cent in Durham. - Substantial variations are evident between forces with similar crime-relevant profiles, suggesting they are largely a function of differences in police policy and decision-making. - Police forces are making operational decisions to target low-level drug possession offences over other, more serious, offences. Stop and search is more disproportionate than ever - The number of stop and searches has fallen sharply for all ethnic groups, but has fallen most sharply for white people even though they had relatively modest rates of exposure at the outset. - Disproportionality has increased as the use of stop and search has fallen, indicating that residual use of the powers is more heavily concentrated on black and minority ethnic groups. - Black people were stopped and searched at more than eight times the rate of white people in 2016/17. Asian people and those in the 'mixed' group were stopped and searched at more than twice the rate of white people. - Black people were stopped and searched for drugs at almost nine times the rate of white people, while Asian people and those in the 'mixed' group were stop-searched for drugs at almost three times the rate of white people. - The 'find' rate for drugs is lower for black than white people, suggesting that such searches are carried out on the basis of weaker 'grounds' for black people. Variations across forces point to discrimination - Forces vary sharply in their overall use of stop and search as well as their rates of disproportionality. Such differences are evident between forces with similar crime-relevant profiles, suggesting they are largely a function of police policy and decision-making. - High rates of stop and search in London are an important driver of ethnic disproportionality because a large proportion of the black and minority ethnic population live in the capital - Black people were stopped and searched at a higher rate than white people by every force in England and Wales during 2016/17. Disproportionality ratios varied from 1.7 in Durham to 20.4 in Dorset for all stop-searches; and from 1.7 in Cleveland to 26.5 in Dorset for drug searches. - Some forces have substantially reduced their use of stop and search without seeing a corresponding increase in disproportionality. Other forces have combined much more modest reductions in stop and search with high, and increasing, rates of disproportionality. London data point to patterns of geographic and individual profiling - Overall rates of stop and search are higher among inner than outer London boroughs. - Variations between boroughs are strongly linked to levels of deprivation. Overall rates of stop and search are highest in more deprived boroughs with considerable inequality. - Rates of stop and search appear to be more sensitive to deprivation and inequality than crime. The concentration of stop and search in deprived boroughs cannot be explained by patterns of drug use, including cannabis use. - The concentration of stop and search in boroughs with high levels of deprivation and inequality fuels disproportionality because people from black and some other minority ethnic groups tend to live in such areas in relatively large numbers. - 'Race' complicates and confounds the general relationship between stop and search and deprivation. Rates of stop and search for black people do not vary with levels of deprivation. - Disproportionality is highest in relatively wealthy and affluent boroughs. White people are subject to very low rates of stop and search in such locations, while black people continue to experience heightened rates of intervention. This pattern is consistent with ethnic profiling because it indicates that black people are being singled out for suspicion. Arrests and out of court disposals exacerbate ethnic disparities - Stop and search was responsible for 39 per cent of all arrests for drugs in 2016/17 compared with 3 per cent of arrests for other offences. - The rate at which stop and search identifies stolen or prohibited items is similar for all ethnic groups, though the 'find rate' for drug searches is lower for black than white people. - The rate at which further action is taken, leading to a criminal justice outcome, is similar for all ethnic groups, but there are marked differences in the type of action taken. - Black people are more likely to be arrested as a result of stop and search than white people, but less likely to be given an out of court disposal. This means black people are more likely to be prosecuted. - Penalty notices for disorder (PNDs) or 'on the street- fines are the only out of court disposal that black people receive at higher rate than white people. Unlike other out of court disposals, PNDs do not require an admission of guilt. - The number of arrests from stop and search has fallen much more sharply for white than black people. Arrests from drug searches halved for white people between 2010/11 and 2016/17, but remained stable for black people. - Stop and search accounts for a much larger proportion of arrests of black than white people: 17 per cent compared with 5 per cent for all offences; and 57 per cent compared with 31 per cent for drug offences. Such disparities suggest that the disproportionate application of stop and search is largely a function of police policy and decision-making rather than crime. Sentencing decisions perpetuating injustice - Ethnic disparities introduced by stop and search and other forms of police activity follow through to prosecution, conviction and sentencing. - Black people were prosecuted for drug offences at more than eight times the rate of white people in 2017. This compared with almost four times the rate for all indictable offences. - More black people were prosecuted for cannabis possession than supply of Class A or B substances combined. The balance was reversed for white people. - Black and Asian people were convicted of cannabis possession at 11.8 and 2.4 times the rate white people despite their lower rates of self-reported use, providing prima facie evidence of discrimination. - Black people made up a quarter of those convicted of cannabis possession even though they comprise less than 4 per cent of the population. - Black people were sentenced to immediate custody for drug offences at 9.1 times the rate of white people, but given suspended sentences at 5.6 times the rate of white people. Details: London: StopWatch, Release, International Drug Policy Unit, 86p. Source: Internet Resource: Accessed November 2, 2018 at: https://www.release.org.uk/sites/default/files/pdf/publications/The%20Colour%20of%20Injustice.pdf Year: 2018 Country: United Kingdom URL: https://www.release.org.uk/sites/default/files/pdf/publications/The%20Colour%20of%20Injustice.pdf Shelf Number: 153151 Keywords: Drug Abuse and Addiction Drug Enforcement Drug Offenders Racial Disparities Racial Profiling in Law Enforcement Stop and Search

Author: Coalition to End Money Bond Title: Monitoring Cook County's Central Bond Court: A Community Courtwatching Initiative Summary: On any given day, thousands of people in Cook County, Illinois, and hundreds of thousands more across the country, are incarcerated not because of a criminal conviction, but because they cannot afford to pay their monetary bond. Some of those people have been incarcerated for months or even years due to their poverty. Over the past several years, people impacted by incarceration have joined with community organizations and advocates in order to push for reform of the pretrial system in Illinois. As a result of this advocacy, the money bond system in Illinois has recently undergone several promising reforms. One of those reforms was General Order 18.8A, through which the Chief Judge of Cook County ordered that all monetary bonds be affordable, and that no one be incarcerated solely because they cannot pay a bond. General Order 18.8A was heralded by some advocates as a possible "turning point" in the fight to end unjust pretrial incarceration in Cook County. Coordinated by the Coalition to End Money Bond, more than 70 volunteers observed Central Bond Court between August and October of 2017 to collect data on bond court proceedings, record the decision-making process of judges, and track case dispositions of thousands of people accused of crimes. The data shows that while the recent reforms have led to some improvements in how judges issue bonds, many of the historical injustices of the money bond system persist. For reasons discussed in this report, these problems will likely persist unless Illinois abolishes secured monetary bond in its entirety. Money bond results in the unfair incarceration of legally innocent people. Every person whose case is pending is legally innocent. People who are in the pretrial phase are supposed to be presumed innocent until proven guilty and should enjoy the legal privileges associated with innocence. In many cases, however, the court requires these people to pay large sums of money just to be free before trial, and those who cannot pay are jailed as if they had already been convicted. Incarceration has a profound impact on the person in jail, their family and friends, and their larger community. Even brief periods of incarceration can lead to the loss of jobs, housing, and custody of one's children. In addition, pretrial incarceration affects legal outcomes by causing increased conviction rates and longer sentences. All of these negative consequences have a disproportionate impact on Black and Latino people, who generally receive higher bonds, have less access to pretrial diversion programs, and are less likely to be able to post a monetary bond than white people. Recent bail reforms in Cook County were long overdue and need evaluation. Many individuals and groups are fighting for changes to the pretrial justice system. Reform efforts include advocacy and support by community groups for people facing unaffordable bail, legislative action at the state level, and changes in internal prosecutor's office policies. Limited access to court and jail data, however, have made it difficult to track the scope of the problems related to money bond and measure the impact of these reforms. The data collected through the courtwatching effort discussed in this report suggests that some positive changes have occurred. As a result of General Order 18.8A, the rate of pretrial release has almost doubled, while the use of monetary bond has dropped by half. Judges in bond court are asking for and receiving more information from accused people about their ability to pay bond. Even with these improvements, however, many people are still receiving unaffordable bonds and facing indefinite pretrial incarceration as a result. Furthermore, substantial differences in the outcomes among the six Central Bond Court judges raise concerns about fairness and consistency for all accused people. Courtwatching data shows that additional oversight is required to ensure proper implementation of General Order 18.8A, and further changes will be required to truly end the unjust pretrial incarceration of legally innocent people. Recommendations for Fairer Outcomes Based on the observations of courtwatchers, the following policy recommendations should be implemented: 1. End the use of secured money bond in Illinois. 2. Stop unfairly funding the courts through bond money. 3. Improve access to Central Bond Court and jail data. 4. Facilitate attendance at future court dates with reminders and other supports. 5. Train judges and other court personnel on detention hearings and pretrial release procedures. 6. Ensure fair ordering and timing of bond court proceedings. 7. Improve Pretrial Services. Details: Chicago: The Coalition, 2018. 70p. Source: Internet Resource: Accessed November 13, 2018 at: http://www.chicagoappleseed.org/wp-content/uploads/2018/02/Courtwatching-Report_Coalition-to-End-Money-Bond_FINAL_2-25-18.pdf Year: 2018 Country: United States URL: http://www.chicagoappleseed.org/wp-content/uploads/2018/02/Courtwatching-Report_Coalition-to-End-Money-Bond_FINAL_2-25-18.pdf Shelf Number: 153405 Keywords: Bail Bonds Bond Reform Pretrial Detention Pretrial Justice Pretrial Release Racial Disparities

Author: Carey, Paula M. Title: Report on the 2017 Access and Fairness Survey: Massachusetts Trial Court Summary: Executive Summary The Massachusetts Trial Court has implemented the Access and Fairness Survey to measure its progress towards ensuring access to justice for all court users and improving the court user experience. First implemented in 2009, the Access and Fairness Survey was conducted in May 2017, at 25 courthouses across the state. This report presents and compares the results of the 2009 and 2017 surveys. Access and fairness are key components to the delivery of justice with dignity and speed. The Trial Court's commitment to guiding and coordinating resources to broaden access to justice for litigants and other court users is well documented. Under the Access to Justice Initiative, formed in 2009, significant progress has been made in the areas of attorney access, self-representation, language access, disability assistance, and self-help information. The results of the Access and Fairness Survey show that the Trial Court's efforts to ensure access and justice to all court users and improve the court user experience have met with success; the results also show areas where more progress is needed. Among the key areas of success: - Court user ratings on access to justice measures increased from 2009 to 2017. Across lower-volume courthouses, the overall access score increased from 85.5% to 89.5% (4.0 percentage points). In high-volume courthouses, the access score rose 5.8 percentage points, from 79.7% to 84.5%. - Overall fairness scores also increased. In lower volume courthouses, the total fairness score increased by 4.3 percentage points, from 82.8% to 87.1%. - In lower volume courts, the proportion of court users giving the Trial Court's website a positive rating increased by 14.4 percentage points from 49.5% to 63.9%. - The percentage of court users reporting that reasonable efforts had been made to remove language and physical barriers in the courthouse increased by as much as 11.4 percentage points from 2009 to 2017. - The percentage of visitors and court users reporting that their court business was completed within a reasonable amount of time increased by 11.0 percentage points in high-volume courthouses. - Overall, 83.6% of court users rated their experience as satisfactory. Among the key areas in need of further attention or study: - Users of high volume courts consistently rated the courts lower on access and fairness than users of lower volume courts. - Disparities exist in the court user experiences of Whites and racial/ethnic minorities, both in areas of access and fairness. Access and Fairness The Massachusetts Trial Court has implemented the Access and Fairness Survey to measure its progress towards ensuring access to justice for all court users and improving the court user experience. The survey, developed by the National Center for State Courts (NCSC), solicits ratings of court users on "the court�s accessibility and its treatment of customers in terms of fairness, equality, and respect." First implemented in 2009, the Access and Fairness Survey was conducted in May 2017, at 25 courthouses across the state. The Trial Court�s commitment to guiding and coordinating resources to broaden access to justice for litigants and other court users is well documented. Under the Access to Justice Initiative, formed in 2009, significant progress has been made in the areas of attorney access, self-representation, language access, disability assistance, and self-help information. Recently, the National Center for Access to Justice ranked Massachusetts 2nd in the nation for its work in the area of access to justice. Most recently, "access to justice and the court user experience" was identified in the Trial Court's Strategic Plan 2.0 as one of ten high-level strategies for setting Trial Court priorities and focusing initiatives. This report presents the findings of the 2017 current survey and compares them to the results of the 2009 survey. Section I reviews the implementation of the survey, including the data collection strategy. Section II describes survey participants or court users. Section III presents the survey findings on access and fairness and compares them to the 2009 findings. Finally, Section IV explores the correlates or components of a "satisfactory" court experience. Details: Massachusetts, 2017. 65p. Source: Internet Resource: Accessed January 20, 2019 at: https://www.mass.gov/files/documents/2018/01/22/FINAL%20Access%20and%20Fairness%2020180118.pdf Year: 2017 Country: United States URL: https://www.mass.gov/files/documents/2018/01/22/FINAL%20Access%20and%20Fairness%2020180118.pdf Shelf Number: 154323 Keywords: Access and Fairness Survey Access to Justice Initiative Court Massachusetts Trail Court National Center for State Courts Racial Disparities

Author: Alabama Appleseed Title: Alabama's War on Marijuana: Assessing the Fiscal and Human Toll of Criminalization Summary: Kiasha Hughes dreamed of becoming a medical assistant. Now, she works an overnight shift at a chicken plant to support her children. Nick Gibson was on track to graduate from the University of Alabama. Now, he works at a fast-food restaurant. Wesley Shelton spent 15 months in jail and ended up with a felony conviction - for having $10 worth of marijuana. Like thousands of others, they're casualties of Alabama's war on marijuana - a war the state ferociously wages with draconian laws that criminalize otherwise law-abiding people for possessing a substance that's legal for recreational or medicinal use in states where more than half of all Americans live. In Alabama, a person caught with only a few grams of marijuana can face incarceration and thousands of dollars in fines and court costs. They can lose their driver's license and have difficulty finding a job or getting financial aid for college. This war on marijuana is one whose often life-altering consequences fall most heavily on black people - a population still living in the shadow of Jim Crow. Alabama's laws are not only overly harsh, they also place enormous discretion in the hands of law enforcement, creating an uneven system of justice and leaving plenty of room for abuse. This year in Etowah County, for example, law enforcement officials charged a man with drug trafficking after adding the total weight of marijuana-infused butter to the few grams of marijuana he possessed, so they could reach the 2.2-pound threshold for a trafficking charge. Marijuana prohibition also has tremendous economic and public safety costs. The state is simply shooting itself in the pocketbook, wasting valuable taxpayer dollars and adding a tremendous burden to the courts and public safety resources. This report is the first to analyze data on marijuana-related arrests in Alabama, broken down by race, age, gender and location. It includes a thorough fiscal analysis of the state's enforcement costs. It also exposes how the administrative burden of enforcing marijuana laws leaves vital state agencies without the resources necessary to quickly test evidence related to violent crimes with serious public safety implications, such as sexual assault. The study finds that in Alabama: - The overwhelming majority of people arrested for marijuana offenses from 2012 to 2016 - 89 percent - were arrested for possession. In 2016, 92 percent of all people arrested for marijuana offenses were arrested for possession. - Alabama spent an estimated $22 million enforcing the prohibition against marijuana possession in 2016 - enough to fund 191 additional preschool classrooms, 571 more K-12 teachers or 628 more Alabama Department of Corrections officers. - Black people were approximately four times as likely as white people to be arrested for marijuana possession (both misdemeanors and felonies) in 2016 - and five times as likely to be arrested for felony possession. These racial disparities exist despite robust evidence that white and black people use marijuana at roughly the same rate. - In at least seven law enforcement jurisdictions, black people were 10 or more times as likely as white people to be arrested for marijuana possession. - In 2016, police made more arrests for marijuana possession (2,351) than for robbery, for which they made 1,314 arrests - despite the fact that there were 4,557 reported robberies that year. - The enforcement of marijuana possession laws creates a crippling backlog at the state agency tasked with analyzing forensic evidence in all criminal cases, including violent crimes. As of March 31, 2018, the Alabama Department of Forensic Sciences had about 10,000 pending marijuana cases, creating a nine-month waiting period for analyses of drug samples. At the same time, the department had a backlog of 1,121 biology/DNA cases, including about 550 "crimes against persons" cases such as homicide, sexual assault and robbery. While Alabama continues to criminalize people who use marijuana either recreationally or medicinally, an increasing number of states have come to treat marijuana like alcohol and tobacco. Nine states and the District of Columbia now allow recreational use. The early evidence strongly suggests that this approach benefits public safety and the criminal justice system. In those states, arrests for marijuana possession have been virtually eliminated, freeing up officers to focus on crimes of violence. Drunken-driving arrests are down as well. And, there's no evidence of a spike in crime or increased marijuana use among youth. These states have also enjoyed a corresponding fiscal and economic windfall. Across the country, thousands of jobs are being created where marijuana has been legalized. Three of the states where it has been legal the longest - Colorado, Washington and Oregon - have thus far collected a total of $1.3 billion in new revenue. And, as the human toll discussed throughout this report falls disproportionately on black people, legalization offers an opportunity to begin to address the disproportionate harms that Alabama's criminal justice system causes to its African-American population. It's time for Alabama to join an increasing number of states in taking a commonsense, fiscally responsible approach to marijuana policy. Details: Montgomery, Alabama: Alabama Appleseed Center for Law and Justice, 2018. 56p. Source: Internet Resource: Accessed January 30, 2019 at: https://lawprofessors.typepad.com/marijuana_law/2018/10/alabamas-war-on-marijuana-assessing-the-fiscal-and-human-toll-of-criminalization.html Year: 2018 Country: United States URL: https://www.splcenter.org/sites/default/files/com_decriminalization_of_marijuana_web_final.pdf Shelf Number: 154308 Keywords: African Americans Drug Enforcement Drug Legalization Marijuana Marijuana Prohibition Racial Disparities Substance Abuse War on Drugs

Author: Morabito, Melissa S. Title: Decision Making in Sexual Assault Cases: Replication Research on Sexual Violence Case Attrition in the U.S. Summary: We report findings from a multi-site study of sexual violence case attrition in the U.S. -- a replication and extension of work conducted by researchers in Los Angeles. The attrition of sexual assault cases from the criminal justice system has been a concern to victims, practitioners and researchers for the last forty years. Some of the barriers come from police discouraging victims from filing a report while other problems result from prosecutors reluctant to prosecute cases. A growing body of research suggests that there is still much that can be done to support victims and to assure that the role of extra-legal factors in case attrition is minimized. Spohn and Tellis (2012a) study made an important contribution to our understanding of the factors that explain sexual violence (SV) case attrition at the policing and prosecutorial stages, however their findings were specific to agencies in LA County. Thus there was a need to examine case processing in other jurisdictions to understand more about factors predictive of attrition. Our research is a multi-site replication designed to consider individual, locale, and community characteristics; victim advocacy; and police and prosecutorial responses. This research relied on a mixed methods approach using quantitative and qualitative data to uncover and interpret patterns in the attrition of sexual assault cases. In six jurisdictions we tracked reports of rape and attempted rape cases and documented the flow of reports through each stage; analyzing detailed case records to understand the dynamics including victim, offender and case characteristics associated with attrition; and conducting interviews and focus groups with key personnel: police, prosecutors and victim service providers. Between 2008-2010, 3269 complaints of sexual assault were reported to one of the six jurisdictions in our sample. For this replication study we report results on case attrition for the 2887 female victims who reported sexual assault. 1404 (48.6%) of cases were cleared by the police; 544 (18.8%) were cleared by arrest; 860 (29.8%) were exceptionally cleared; 1215 (42.1%) were listed as open/inactive; and 56 (1.9%) were listed as investigation continuing. 212 cases (7.3%) were unfounded by the police. Of the 544 adults arrested, charges were filed in 363 (72%); declined in 115 (22.8%). In cases with charges filed, 189 (53.4%) ended in a guilty verdict; 152 (81%) of guilty verdicts were the product of a plea bargain; 7 (3.7%) involved a guilty finding by a judge and 25 (13.2%) involved a guilty finding by a jury. In 11 cases, a jury acquitted the defendant following a trial. Only 45 (1.6%) of cases reported to the police during across all 6 sites were tried in court. Multivariate analyses predicting arrest show that legal or evidentiary factors are significant predictors of arrest and that the effects of case characteristics are independent of jurisdiction type. A cooperative victim was the strongest predictor of arrest across all jurisdictions. Medium and large jurisdiction results show that questions related to victim credibility reduced the likelihood of arrest although the type of credibility indicators varied. Race was a significant predictor only for small sites with higher odds of arrest for incidents involving black victims. Notably we found that extra-legal factors significantly predicted arrest and were often those that challenge the credibility of the victim, in contrast to Spohn and Tellis who found that arrest was unrelated to whether victims had mental health issues or engaged in "risk taking" behavior. Spohn and Tellis did not find any effect of race on the likelihood of arrest. Indicators of victim resistance were predictive of arrest of all relationship types in the replication study in contrast to Spohn and Tellis. Victim cooperation was found to be significant for all relationship types in both studies in predicting arrest. Details: Final report to the U.S. National Institute of Justice, 2019. 237p. Source: Internet Resource: Accessed march 19, 2019 at: https://www.ncjrs.gov/pdffiles1/nij/grants/252689.pdf Year: 2019 Country: United States URL: https://www.ncjrs.gov/pdffiles1/nij/grants/252689.pdf Shelf Number: 155044 Keywords: Arrests and Apprehensions Prosecutorial Decision-Making Prosecutors Racial Disparities Rape Sex Crimes Sexual Assault Sexual Violence

Author: Redcross, Cindy Title: Evaluation of Pretrial Justice System Reforms That Use the Public Safety Assessment Effects in Mecklenburg County, North Carolina Summary: Arnold Ventures' Public Safety Assessment (PSA) is a pretrial risk assessment tool that uses nine factors from a defendant's history to produce two risk scores: one representing the likelihood of a new crime being committed and another representing the likelihood of a failure to appear for future court hearings. The PSA also notes if there is an elevated risk of a violent crime. The PSA is designed to provide additional information to judges and others making release decisions - decisions about whether a defendant will be released while waiting for a case to be resolved, and if so, under what conditions. The score is used in conjunction with a jurisdiction-specific decision-making framework that uses the defendant's PSA risk score in combination with local statutes and policies to produce a recommendation for release conditions. The goal of the PSA is to make the restrictions on a defendant's release conditions better align with that defendant's assessed risk of committing new crimes or failing to appear. Over 40 jurisdictions across the country have implemented the PSA. Mecklenburg County, North Carolina was one of the first; it began using the PSA in 2014, switching from another risk assessment. This study presents the effects of the PSA and related policy changes in Mecklenburg County. The first report in the series describes the effects of the overall policy reforms on important outcomes. A supplemental second report describes the role of risk-based decision making in the outcomes and describes the effects of the PSA on racial disparities in outcomes and among different subgroups. Overall, the findings are notable from a public-safety perspective: Mecklenburg County released more defendants and did not see an increase in missed court appointments or new criminal charges while defendants were waiting for their cases to be resolved. The PSA policy changes were associated with less use of financial bail and a higher rate of defendants being released on a written promise or unsecured bond. The proportion of defendants detained in jail was lower than it would have been in the absence of the policy changes. There was an improved alignment between defendant risk and the restrictiveness of release conditions. Fewer cases resulted in guilty pleas and convictions than would have been the case in the absence of the reforms. Because more defendants were released while their cases were pending, they may have had less incentive to plead guilty in order to get out of jail. Even though the PSA policy changes increased the percentage of defendants who were released pending trial - and even though a higher proportion of defendants were facing felony charges in the period after the PSA was implemented - there was no evidence that the PSA policy changes affected the percentages of defendants who made all of their court appearances or who were charged with new crimes while waiting for their cases to be resolved. Most of the changes in pretrial release conditions occurred at a step in the pretrial case process before the PSA report is completed. Thus, having access to the information in the PSA could have had at most only a small effect on the way judges set release conditions. There was no evidence of racial disparity in the setting of release conditions and the PSA had no effect on racial disparities within the system. Black defendants were more likely than other racial groups to be assessed by the PSA as being high-risk, though. Details: New York: MDRC Center for Criminal Justice Research, 2019. 42p. Source: Internet Resource: Report 1 of 2: Accessed March 29, 2019 at: https://www.mdrc.org/sites/default/files/PSA_Mecklenburg_Brief1.pdf Year: 2019 Country: United States URL: https://www.mdrc.org/sites/default/files/PSA_Mecklenburg_Brief1.pdf Shelf Number: 155229 Keywords: Bail Pretrial Justice Pretrial Release Public Safety Racial Disparities Risk Assessment

Author: Moy, Laura Title: How Police Technology Aggravates Racial Inequity: A Taxonomy of Problems and a Path Forward Summary: Over the past several years, increased awareness of racial inequity in policing, combined with increased scrutiny of police technologies, have sparked concerns that new technologies may aggravate racial inequity in policing. In order to evaluate whether or not they do so, however, the problem must be more clearly defined. Some scholars have explored racial inequity in depth as it relates to specific police technologies. But to date, none have provided an explanation of how police technology aggravates racial inequity that can be applied across all technologies. This article fills that gap. It offers a proposed new taxonomy that parses police technology's aggravation of racial inequity as five distinct problems: Police technology may (1) replicate inequity in policing, (2) mask inequity in policing, (3) transfer inequity from elsewhere to policing, (4) exacerbate inequitable policing harms, and/or (5) compromise oversight of inequity in policing. Naming and defining these problems will help police agencies, policymakers, and scholars alike analyze proposed new police technologies through a racial equity lens and craft policies that respond appropriately. To assist with practical application of the taxonomy, this article also offers a model racial equity impact assessment for proposed police technologies, and explains why the time is ripe for introduction of such an assessment. Details: Washington, DC: Center on Privacy & Technology at Georgetown Law, 2019. 54p. Source: Internet Resource: Accessed April 13, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3340898 Year: 2019 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3340898 Shelf Number: 155386 Keywords: Police Surveillance Police Technology Racial Disparities Racial Inequity

Author: Sequino, Stephanie Title: Driving While Black and Brown in Vermont Summary: Vermont is perceived to be a political outlier in the United States. It was the first state to outlaw slavery in 1777. And in our more recent history, Vermont was one of the first states to legalize civil unions and to push (unsuccessfully) for a single payer health care system. When it comes to race relations, it is assumed that Vermont is equally liberal and as result, racial bias towards people who are Black and Hispanic, evident in other parts of the country, should largely be absent here. This paper investigates that assumption. In particular, the authors analyze police traffic stop data to assess the extent, if any, of racial disparities in policing. This task is made possible by legislation passed in the Vermont House that required police departments to begin to collect traffic stop data by race as of September 2014. Our goal in this study is to examine whether the treatment of Black and Hispanic drivers differs significantly from that of White and Asian drivers. We compiled the dataset used to conduct this analysis from data sent to us by individual law enforcement agencies. A number of agencies were unable to deliver the full dataset because they lacked administrative support to extract the data and provide it in a form that was analyzable. County sheriff's departments were less likely than municipal police agencies to be able to provide the requisite data. Some agencies collected only a few of the required categories of data, and in cases where essential data were missing, results from these agencies could not be included. Finally, in many cases, the collection of race data was incomplete, such that there are a large number of police stops with missing information. Also, the starting date of data collection varied between agencies. In total, this report is based on data from 29 police agencies. These include 24 out of 44 municipal police agencies. Because our dataset covers the largest towns and cities in Vermont, however, it represents 78% of the total population policed by all municipal police agencies. In addition, the dataset includes three out of 14 county sheriff departments as well as the Vermont State Police and University of Vermont police. In this study, we conducted analysis at four levels: 1) the state, 2) counties, 3) local police agencies, and 4) within-agency at the officer level where data by officer was provided. At the state level, we evaluated racial disparities for 2015, the only year for which we have complete data for all 29 police agencies. In addition, we evaluated racial disparities by county, based on aggregating the 29 agencies included in our data set, also for 2015. The state and county analyses are of particular relevance in understanding the experience of traffic policing from the perspective of Black and Hispanic drivers in Vermont. Finally, we evaluate results for each agency separately using all years for which data was provided. Agency-level data reveal differences in patterns of policing across the state. Due to the limited data available from some of the smaller agencies, we could only make statistically reliable inferences on racial disparities for a restricted set of indicators. Nevertheless, we provide a full summary of traffic stops and outcomes by race for individual agencies in Appendix A, Table A4. Our study is based on an analysis of several indicators, no single one of which is evidence of racial bias. Rather, the collective results from all of the indicators provide the basis for our summary assessment. The indicators in this study include: 1) stop rates by race compared to racial shares of the population; 2) males as a share of stops by race, 3) the proportion of drivers by race receiving citations; 4) racial differences in arrest rates; 5) racial differences in search rates; and 6) the percentage of searches that yield contraband (the "hit" rate). Where an agency has provided data, we also offer an agency-level analysis of stop behavior by officer. Among our main findings are the following: - Ticket rates: At the state level, Black and Hispanic drivers are more likely to receive a citation once stopped than are White or Asian drivers. - Arrest rates: At the state level, the Black arrest rate is almost double the White arrest rate. At the agency level, disparities differ. For example, at the high end, Black drivers stopped by Rutland police are 2.6 times more likely to be arrested than White drivers, subsequent to a discretionary stop (excluding arrests on warrant), and in Williston, 2.3 times more likely. - Search and "hit" rates: At the state level, Black drivers are four times more likely to be searched, subsequent to a stop, than White drivers. Hispanics also experience elevated search rates compared to Whites; they are almost three times more likely to be searched. Asian drivers are less likely to be searched than White (or Black and Hispanic) drivers. In contrast to these search rates, Black and Hispanic drivers are less likely than White or Asian drivers to be found with contraband that leads to a citation or an arrest. Officers would appear to have a lower threshold of evidence for searching vehicles with Black and Hispanic drivers. This suggests a problem of over-searching of Black and Hispanic drivers as compared to a possible under-searching of White and Asian drivers. Variations exist at the agency level. However, only a few agencies have sufficient data to make statistically reliable inferences on racial differences in hit rates. Among those that do (Burlington, Rutland, Vermont State Police), hit rates of Black drivers are lower than of White drivers. Hits that result in arrests - indicative of more serious contraband - occur also at a lower rate for Black drivers than White drivers for all of three of these agencies as well as Williston. - Stop rates: Black and Hispanic drivers are stopped at a higher rate than their share of the population while White and Asian drivers are stopped at rates that are below their population shares. Stop rate disparities are often subject to criticism because researchers typically lack precise measures of the driving population. We have sought to overcome that by using accident data on the race of not-at-fault drivers. Also, most of our indicators of racial disparities are based on post-stop outcomes, which do not rely on estimates of the driving population. - Male drivers are more likely to be stopped than female drivers, regardless of race/ethnicity. But the racial disparities in male shares of stops are notably large. At the agency level, for example, in Middlebury, among Black drivers stopped, 88% are male, while among White drivers stopped, 62% are male. Overall, Black and Hispanic males comprise a larger share of stopped drivers in their racial/ethnic group than do White males, suggesting a possibility that Black and Hispanic males, in particular, are targets of heightened police scrutiny. - Officer stop rates of Black drivers: Twelve agencies provided traffic stop data by officer, allowing us to calculate within-agency disparities in stop rates. The results indicate that the disparity in Black/White stop rates at the agency level cannot, in general, be attributed to the behavior of just a few officers. The data indicate that this behavior is common to many officers, perhaps suggesting more pervasive cultural norms within agencies that contribute to disparities. Of note, in Brandon Police Department, 67% of officers stop Black drivers at a rate that is 50% greater than their share of the population. A sizeable share of officers in Bennington, Manchester, Middlebury, and Winooski also stop Black drivers at rates higher than expected, given population shares. In addition to disparities in stop rates by race by officer, we also found evidence of variation by officer in the completeness of their legally required data reporting. - Data quality: Missing data is a concern. Some agencies were not able to respond to our request for data. Moreover, many agencies have high rates of missing data in key categories. For example, in St. Albans Police Department, race was not recorded in 29% of stops, and in Addison County Sheriff Department, race was missing in 17% of traffic stop incident reports. Missing data undermines efforts to accurately assess the degree of racial disparities in traffic policing Details: Unpublished paper, 2017. 79p. Source: Internet Resource: Accessed April 15, 2019 at: https://www.uvm.edu/giee/pdfs/SeguinoBrooks_PoliceRace_2017.pdf Year: 2017 Country: United States URL: https://www.uvm.edu/giee/pdfs/SeguinoBrooks_PoliceRace_2017.pdf Shelf Number: 155406 Keywords: Racial Disparities Racial Profiling in Law Enforcement Stop and Search Traffic Policing

Author: American Civil Liberties Union of North Carolina Title: At All Costs: The Consequences of Rising Court Fines and Fees in North Carolina Summary: The United States formally abolished "'debtors' prisons" - the incarceration of people who fail to pay off debts - nearly two centuries ago. But today in North Carolina, thousands of low-income people are in jail, trapped in a cycle of debt, or both, because they cannot afford the unconstitutional fines and fees that courts order them to pay when convicted of any crime, even as minor as a speeding ticket. The cost and number of fines and fees have skyrocketed across North Carolina in recent years, thanks to a series of legislative changes enacted by the North Carolina General Assembly and the day-to-day decisions of judges who have too often bent to the legislative desire to turn the judiciary to debt collection. In courtrooms across the state, there is no consistent standard for when and how fines and fees are imposed, and too many judges do not fulfill their constitutional obligation to inquire about an individual's financial status before ordering them to pay fines and fees, as required by law. As a result, judges routinely order low-income North Carolinians - a disproportionate number of them people of color - to pay fines and fees that they cannot afford. Failure to pay will result in more fines, fueling a cycle of debt that forces people to forgo the basic necessities of life in order to avoid jail and collateral consequences. In this racially-skewed, two-tiered system, the rich and the poor can commit the exact same offense, but the poor will receive harsher and longer punishments simply because they are poor. While some actors, from public defenders to state legislators to reform-minded judges, have fought for fairer processes and outcomes, too many North Carolina judges nevertheless routinely violate the rights of low-income people who appear in their courtrooms. This report examines the history of those court costs, how North Carolina has sought to turn the judiciary from its role as a neutral arbiter of justice toward service as a state debt collector, and how the resulting unjust system criminalizes poverty, violates people's rights, and preys on many of our state's most vulnerable residents. Details: Raleigh: Author, 2019. 52p. Source: Internet Resource: Accessed April 18, 2019 at: https://www.acluofnorthcarolina.org/sites/default/files/field_documents/aclu_nc_2019_fines_and_fees_report_17_singles_final.pdf Year: 2019 Country: United States URL: https://www.acluofnorthcarolina.org/sites/default/files/field_documents/aclu_nc_2019_fines_and_fees_report_17_singles_final.pdf Shelf Number: 155456 Keywords: Court Costs Debtors Prison Fines and Fees Poverty Racial Disparities

Author: Garrett, Brandon L. Title: Driver's License Suspension in North Carolina Summary: In this Article, we analyze data concerning driver's license suspension for traffic offenses. The interest of a person in a driver's license is "substantial," and the suspension of a license by the state can result in "inconvenience and economic hardship suffered," as the U.S. Supreme Court has observed, including because a license may "essential in the pursuit of a livelihood." However, in this analysis of North Carolina data, we found that there are 1,225,000 active driver's licenses suspensions in North Carolina for non-driving related reasons, relating to failure to pay traffic fines and court courts, and failure to appear in court for traffic offenses. These suspensions constitute about 15% of all adult drivers in the state. Of those, 827,000 are for failure to appear in court, 263,000 for failure to comply with orders to pay traffic costs, fines, and fees, and 135,000 for both. These suspensions are disproportionately imposed on minority residents. Of those with driver's license suspensions, 33% of those with failure to appear suspensions are black and 24% Latinx, while 35% were white. The demographics for all North Carolina residents who are of driving age include: 65% white, 21% black, and 8% Latinx. Still more severe consequences, DWLR charges, also disproportionately fall on minority residents. We also conducted a series of mixed-model linear regressions on North Carolina driver's license suspensions from 2010-2017, analyzing the effects of race, poverty, population size, traffic court cases and traffic stops on suspensions per county. Overall, population accounts for most of the variation in suspensions: the more people in the county, the more people have suspended licenses. When we control for population, we see little evidence that traffic stops or traffic cases are driving suspensions. We find that the relationship between the number of people in poverty and the number of suspensions in a county is dependent on race. Put another way, increasing a county's population by one white individual below poverty increases the number of suspensions by a greater amount than increasing the county's population by one white above poverty. However, increasing the population by one black individual below poverty increases the number of suspensions by less than increasing the county population by one black individual above poverty. This suggests that poverty functions differently for whites than it does for blacks. We conclude by setting out questions for future research, and describing both law and policy responses to driver's license suspensions in other jurisdictions, including: constitutional challenges, restoration efforts, dismissals of charges, and legislative efforts to restore licenses and end the suspension of driver's licenses for non-driving related traffic offenses. Details: Durham, NC: Duke University School of Law, 2019. 30p. Source: Internet Resource: Accessed April 18, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3355599 Year: 2019 Country: United States URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3355599 Shelf Number: 155459 Keywords: Court Appearance Drivers License Suspensions Fines and Fees Poverty Racial Disparities Traffic Offenses Traffic Violations

Author: White, Ariel R. Title: Misdemeanor Disenfranchisement? The demobilizing effects of brief jail spells on potential voters Summary: This paper presents new causal estimates of incarceration's effect on voting, using administrative data on criminal sentencing and voter turnout. I use the random case assignment process of a major county court system as a source of exogenous variation in the sentencing of misdemeanor cases. Focusing on misdemeanor defendants allows for generalization to a large population, as such cases are extremely common. Among first-time misdemeanor defendants, I find evidence that receiving a short jail sentence decreases voting in the next election by several percentage points. Results differ starkly by race. White defendants show no demobilization, while Black defendants show substantial turnout decreases due to jail time. Evidence from pre-arrest voter histories suggest that this difference could be due to racial differences in who is arrested. These results paint a picture of large-scale, racially-disparate voter demobilization in the wake of incarceration. Details: Author, 2018. 38p. Source: Internet Resource: Accessed April 25, 2019 at: https://arwhite.mit.edu/sites/default/files/images/misdemeanor_draft_spring2018.pdf Year: 2018 Country: United States URL: https://arwhite.mit.edu/sites/default/files/images/misdemeanor_draft_spring2018.pdf Shelf Number: 155517 Keywords: Collateral Consequences Disenfranchisement Racial Disparities Voting Voting Rights

Author: Fryer, Roland G., Jr. Title: Reconciling Results on Racial Differences in Police Shootings Summary: Police use of force - particularly lethal force - is one of the most divisive issues of the twenty-first century. To understand the nexus of race, criminal justice, and police brutality, academics and journalists have begun to amass impressive datasets on Officer-Involved-Shootings (OIS). I compare the data and methods of three investigative journalism articles and two publications in the social sciences on a set of five rubrics and conclude that the stark differences between their findings are due to differences in what qualifies for a valid research design and not underlying differences in the datasets. Details: Cambridge, MA: National Bureau of Economic Research, 2018. 8p. Source: Internet Resource: NBER Working Paper Series, Working Paper 24238: Accessed May 4, 2019 at: https://www.nber.org/papers/w24238.pdf Year: 2018 Country: United States URL: https://www.nber.org/papers/w24238.pdf Shelf Number: 155667 Keywords: Deadly Force Police Brutality Police Shootings Police Use of Force Racial Disparities

Author: Brennan Center for Justice Title: Ending Mass Incarceration: Ideas from Today's Leaders Summary: The American public has decisively concluded that our approach to criminal justice isn't working. Mass incarceration is the civil rights crisis of our time. The racial disparities pervasive in our justice system compound at every juncture: African Americans are more likely to be stopped by police, arrested, detained before trial, and given harsher sentences than whites. Worse, the disparities in our justice system perpetuate racial inequity in our society more broadly. In this remarkable collaboration, the country's most prominent lawmakers and activists join together to propose ideas for transformative change. In these essays, they lay out their proposals to reduce the prison population and challenge our very conception of justice reform, paving the way for far-reaching political and cultural change. Marking a clear shift from the draconian rhetoric of the past, these essays take on the web of harmful policies that fuel mass incarceration and diminish opportunities for communities of color. How do we achieve change? From eliminating prison for lower-level crimes to incentivizing states to decarcerate, from ending money bail to abolishing private prisons, from reforming housing and employment laws to changing the public perception of the justice system and cultivating respect for all lives, the ideas in this book offer a path forward: one rooted in fairness, equality, and humanity. The second volume in the series, Ending Mass Incarceration: Ideas from Today's Leaders aims to further the momentum needed to achieve that vision. It builds on the 2015 Brennan Center publication profiling the Voices of national leaders, Solutions: American Leaders Speak Out on Criminal Justice. Details: New York City: New York University, Brennan Center for Justice, 2019. 112p. Source: Internet Resource: Accessed May 28, 2019 at: https://www.brennancenter.org/publication/ending-mass-incarceration-ideas-todays-leaders Year: 2019 Country: United States URL: https://www.brennancenter.org/sites/default/files/publications/2019_EndingMassIncarceration_digital.pdf Shelf Number: 156091 Keywords: Decarcerate Mass Incarceration Money Bail Prison Private Prisons Racial Disparities

Author: American Civil Liberties Union of DC Title: Racial Disparities in D.C. Policing: Descriptive Evidence from 2013-2017 Summary: Racial disparities pervade criminal justice systems across the country; Washington, D.C. is no exception. The District of Columbia's Metropolitan Police Department (MPD) recently provided extensive arrest data for the years 2013 to 2017 in response to a Freedom of Information Act request filed by Open the Government and ACLU-DC. An examination of that data by the ACLU Analytics Team revealed a pattern of disproportionate arrests of Black people that persists across geographic areas and offense types. It also showed that MPD arrests thousands of people every year for relatively minor offenses. This report analyzes these trends and proposes steps for addressing them. Details: Washington, DC: American Civil Liberties Union of DC, 2019. 10p. Source: Internet Resource: Accessed June 7, 2019 at: https://www.acludc.org/en/racial-disparities-dc-policing-descriptive-evidence-2013-2017 Year: 2019 Country: United States URL: https://www.acludc.org/en/racial-disparities-dc-policing-descriptive-evidence-2013-2017 Shelf Number: 156213 Keywords: Arrests Law Enforcement Policing Racial Disparities Racial Profiling Racism

Author: American Civil Liberties Union of Ohio Title: Off the Record: Profiteering and Misconduct in Ohio's Mayor's Courts Summary: Our courts should be fair, transparent, and accountable to the public they serve. As they currently operate, few mayor's courts live up to these principles. We call on the Ohio General Assembly to uphold these principles by enacting the following reforms: 1. Restore state funding to municipalities so that court fines and fees are not used to fund municipal and state budgets. The pressure to collect revenue through court fines and fees undermines the fair operation of courts. 2. Eliminate mayor's courts in Cuyahoga, Franklin, Hamilton, and Summit counties. The majority of profit-seeking and racially-inequitable mayor's courts are located in these counties. Mayor's courts are less centrally located and therefore more burdensome to travel to than municipal courts in these metropolitan counties. 3. Increase education and procedural requirements for mayor's courts. Thorough training and clear guidelines for court conduct will help mayor's courts function fairly. 4. Expand oversight of mayor's courts. Comprehensive record-keeping and reporting requirements will hold court officials accountable for court conduct. 5. Abolish driver's license suspensions for any reason not related to public safety. Taking away people's driver's licenses because they cannot pay their court-imposed debts unfairly punishes poorer people and makes it harder for people to get and hold jobs, support themselves, and meet their financial obligations. Mayor's courts were created in the early nineteenth century when Ohio was a frontier state with a small court system. Mayor's courts today hear traffic violations and violations of local ordinances that occur within their municipal boundaries. Any municipality that does not have a municipal court and has a population of more than 200 people can establish a mayor�s court. In 2016 and 2017, the years for which we conducted our research, there were 297 and 295 mayor's courts, respectively. Mayor's courts are located in 64 of Ohio's 88 counties. Mayor�s courts were intended to address problems with the administration of justice two centuries ago. Today, these courts are supposed to relieve the burden on the municipal court system by handling low-level cases. If a mayor�s court is located closer to a person's home than the nearest municipal court, it may make it easier for them to appear in court. Proponents argue that mayor's courts give defendants "two bites at the apple" because people who are found guilty in a mayor's court may request that their case be transferred to the presiding municipal court for a new trial. We found many mayor's courts that do not live up to these claims. Mayor's courts are incentivized to be municipal profit centers, and their structures reflect this. They operate at a low cost compared to municipal courts because they are informal courts that do not require a separate court building or full-time staff. We reviewed financial data from 2016 for eight mayor's court municipalities and found that these municipalities kept 75 to 85 percent of the revenue they collected from their mayor's court. We found evidence that police in some mayor's court municipalities disproportionately cite Black and poor people who live in or enter their municipality. Rather than making it easier to appear in court, people who plead "not guilty" in a mayor's court must go to court a second time to have their case heard in a municipal court. We saw Ohioans who claimed to be innocent of their charges waive their rights to challenge a citation once they were informed that they would have to appear in court several more times. Nearly a third of municipalities with mayor's courts exhibit characteristics that fair court advocates have identified as problematic because they indicate revenue-oriented policing and court practices. These police departments and courts serve the pecuniary interests of their municipalities and run counter to the interests of justice. The mayor's courts highlighted in this report represent both rural and metropolitan municipalities across Ohio. Our case studies provide clear guidance on how to reform the mayor's court system and ensure its fair operation. Details: Columbus: Author, 2019. 30p. Source: Internet Resource: Accessed June 24, 2019 at: https://www.acluohio.org/wp-content/uploads/2019/04/Report_OffTheRecordProfiteeringAndMisconductInOhiosMayorsCourts_FINAL_2019-0415.pdf Year: 2019 Country: United States URL: https://www.acluohio.org/wp-content/uploads/2019/04/Report_OffTheRecordProfiteeringAndMisconductInOhiosMayorsCourts_FINAL_2019-0415.pdf Shelf Number: 156613 Keywords: Court Fines and Fees Court Practices Court Reform Court Systems Court-Imposed Debts Courts Fair Trial Fines and Fees Mayors Courts Municipal Courts Racial Disparities