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Adaptado de un post de @wretched_flowers_ que a la vez bebe del brutal trabajo que están haciendo desde @mpd_150, "pollination, not police nation". El MPD 150 es una iniciativa de Minneapolis que desafía la narrativa de que la policía existe para proteger y servir. Puedes leer más sobre sus investigaciones y acciones en mpd150.com. Como ellxs mismxs dicen: "Abolition is about presence, not absence. It's about building life-affirming institutions." Ruth Wilson Gilmore

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Black Lives Matter: Eliminar la desigualdad racial en el sistema de justicia penal

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Black Lives Matter: Eliminar la desigualdad racial en el sistema de justicia penal

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"En el presente informe se identifican cuatro características fundamentales del sistema de justicia penal que producen resultados racialmente desiguales y se presentan iniciativas para reducir esas fuentes de desigualdad en los sistemas de justicia de adultos y de menores de todo el país."

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Like an avalanche, racial disparity grows cumulatively as people traverse the criminal justice system. This report identifies four key features of the criminal justice system that produce racially unequal outcomes and showcases initiatives to abate these sources of inequity in adult and juvenile justice systems around the country.

Table of Contents:
Executive Summary

1. Uneven Policing in Ferguson and New York City

2. A Cascade of Racial Disparities Throughout the Criminal Justice System

3. Causes of Disparities

1. Differential crime rates

2. Four key sources of unwarranted racial disparities in criminal justice outcomes

4. Best Practices for Reducing Racial Disparities

1. Revise policies and laws with disparate racial impact

2. Address implicit racial bias among criminal justice professionals

3. Reallocate resources to create a fair playing field

4. Revise policies that exacerbate socioeconomic inequalities and redirect public spending toward crime prevention and drug treatment

5. Implementation Strategies and Metrics for Success

6. Conclusion

Executive Summary

"Every time you see me, you want to mess with me," Eric Garner told the group of approaching New York City police officers. As they wrestled him to the ground to arrest him for selling untaxed loose cigarettes, an officer placed Garner in a chokehold and maintained his grip despite Garner's pleas for air. One hour later, Garner was pronounced dead. The unarmed black man's death and the white officer's non-indictment despite videotape evidence have heightened concerns about police practices and accountability. In the wake of the fatal police shooting of unarmed teenager Michael Brown in Ferguson, Missouri, and that officer's non-indictment, a growing number of Americans are outraged and demanding change.

"Black lives matter" has become a rallying cry in light of evidence that the criminal justice system is failing to uphold this basic truth. Official data, although woefully inadequate, show that over half of those killed by police in recent years have been black or Latino. Officers involved in these killings are rarely indicted, much less convicted, for excessive use of force. And official responses to recent protests have spurred further controversy: militarized police forces disrupted public assemblies in Ferguson, and New York City's police union blamed pro-reform politicians and nonviolent protesters for the killing of two officers by a mentally unstable man.

The criminal justice system's high volume of contact with people of color is a major cause of African Americans' disproportionate rate of fatal police encounters, as well as of broader perceptions of injustice in many communities. This briefing paper identifies four key features of the justice system that contribute to its disparate racial impact, and presents recent best practices for targeting these inequities drawn from adult and juvenile justice systems around the country. In many cases, these practices have produced demonstrable results.

Policing is by no means the only stage of the justice system that produces racial disparity. Disadvantage accumulating at each step of the process contributes to blacks and Latinos comprising 56% of the incarcerated population, yet only 30% of the U.S. population. The roots of this disparity precede criminal justice contact: conditions of socioeconomic inequality contribute to higher rates of some violent and property crimes among people of color. But four features of the justice system exacerbate this underlying inequality, and jurisdictions around the country have addressed each one through recent reforms.

Many ostensibly race-neutral policies and laws have a disparate racial impact. Police policies such as "broken windows" and stop, question, and frisk have disproportionately impacted young men of color. Prosecutorial policies, such as plea bargain guidelines that disadvantage blacks and Latinos compound these disparities, as do sentencing laws that dictate harsher punishments for crimes for which people of color are disproportionately arrested.

One reform to address this source of disparity in policing is the significant retrenchment of "stop and frisk" in New York City after a court ruled that the policy violated the constitutional rights of blacks and Latinos. Recent legislation reducing the sentencing disparity between the use and distribution of crack versus powder cocaine in California, Missouri, and at the federal level are examples of efforts to tackle sentencing inequalities.

Criminal justice practitioners' use of discretion is - often unintentionally - influenced by racial bias.

Racial disparities in traffic stops have diminished on a nationwide basis in recent years, but persist in many jurisdictions. Police officers are more likely to stop black and Hispanic drivers for investigative reasons. Once pulled over, people of color are more likely than whites to be searched, and blacks are more likely than whites to be arrested. In jurisdictions like Ferguson, these patterns hold even though police have a higher "contraband hit rate" when searching white versus black drivers. Prosecutors and judges also often treat blacks and Hispanics more harshly in their charging and sentencing decisions.

The Vera Institute of Justice's work with prosecutors' offices around the country is one initiative addressing bias in charging decisions by monitoring outcomes and increasing accountability. Similarly, judges in Dorchester, Massachusetts, have worked with police and prosecutors to develop guidelines to reduce racial disparities in charging enhancements for people arrested for drug crimes in a school zone.

Key segments of the criminal justice system are underfunded, putting blacks and Latinos - who are disproportionately low-income - at a disadvantage.

Most states inadequately fund their indigent defense programs. Pretrial release often requires money bond, which can be prohibitive to low-income individuals and increases the pressure on them to accept less favorable plea deals. Many parole and probation systems offer supervision with little support. Public drug treatment programs are also underfunded, thereby limiting treatment and sentencing alternatives for low-income individuals.

New Jersey's recently overhauled bail laws, which will increase nonmonetary release options, is an effort to create a more even playing field for low-income individuals. In Illinois, the expansion of alternative community programs has helped to nearly halve reliance on secure detention for youth.

Criminal justice policies exacerbate socioeconomic inequalities by imposing collateral consequences on those with criminal records and by diverting public spending.

A criminal conviction creates a barrier to securing steady employment, and those with felony drug convictions are disqualified from public assistance and public housing in many areas. In addition, allocating public resources to punitive programs comes at the expense of investments in crime prevention and drug treatment programs. Because of their higher rates of incarceration and poverty, people of color are disproportionately affected by these policy choices.

A key development in this area is California's reclassification of a number of low-level offenses from felonies to misdemeanors under Proposition 47 in 2014. This initiative is intended to reduce prison admissions and to spare many low-level offenders the collateral consequences of a felony conviction. The law also redirects a portion of state prison savings - estimated to be $150-$250 million annually - to crime prevention and drug treatment programs.

Recent high-profile killings by police officers demonstrate the need for better police practices and improved accountability. They also underscore the need for revising policies that place people of color under greater police scrutiny and that lead to their disadvantage throughout the criminal justice system. To address this crisis of confidence, especially among people of color, criminal justice practitioners and policymakers should seize this opportunity to adopt and expand upon existing best practices for promoting racial equity at all levels of the justice system.

This briefing paper is organized as follows: Section I examines racial disparities in policing in Ferguson, Missouri, and New York City. Section II compares these patterns with nationwide trends and relates them to disparate outcomes at later stages of the criminal justice process. Section III examines the causes of blacks' and Latinos' overrepresentation in the justice system, including differential crime rates and the four sources of inequities in the justice system. Section IV presents best practices from around the country for reducing racial disparities created by these four sources. Section V explores strategies for implementation and evaluation. Section VI concludes by reviewing recent achievements and highlighting the need for further reforms.

This report largely focuses on the experiences of African Americans / blacks, Latinos / Hispanics, and whites in the justice system. These are the populations for whom the most research and data are available. Nationwide data and research that include Asian Americans and American Indians are more limited: reports often aggregate these groups into one category, labeled "other." Existing research suggests that many of the trends described in this report hold for American Indians, for sub-groups of Asian Americans, and for other communities of color.

I. Uneven Policing in Ferguson and New York City

Black and white Americans experience different policing practices. They encounter the police at different rates and for different reasons, and they are treated differently during these encounters.

Officers' racially biased use of discretion - either intentional or unintentional - is one cause of racial disparities in police contact that are not explained by differences in crime rates. Another cause is formal police policies such as "stop and frisk" and "broken windows" policing. Designed to target minor violations with the rationale of circumventing serious crimes, these policies place people of color under greater scrutiny. Officer Darren Wilson stopped Michael Brown for jaywalking. Officer Daniel Pantaleo and his colleagues approached Eric Garner for selling untaxed cigarettes. Disproportionate police contact with people of color in these two very different jurisdictions set the context for these tragic deaths.

Ferguson, Missouri

Figure 1. Ferguson traffic stops, 2013: Population stopped and reason for stop

Source: Office of the Missouri Attorney General (2014). Racial Profiling Data/2013: Ferguson Police Department. Note: Because data are based on stops and not drivers, drivers with multiple stops are counted multiple times. Reasons for stops exceed 100% because some stops were made for multiple reasons.

A suburb of St. Louis, Missouri, Ferguson had a population of just over 21,000 in 2013. Though African Americans comprised 63% of the city's driving-age population in that year, they accounted for 86% of drivers stopped by Ferguson police. That amounted to almost one stop for every two black adults in Ferguson, versus just over one stop for every eight white adults.

Ferguson police cited various reasons for stopping black and white drivers. The majority of white drivers (68%) were stopped for a moving violation while the majority of black drivers (57%) were stopped for a license or equipment problem (41% and 16%, respectively). Research has shown that although blacks are more likely than whites to have vehicle code violations, this difference does not account for their disproportionate rates of stops for non-moving violations. Investigative stops - one of the most discretionary reasons for traffic stops - accounted for 7% of stops among black drivers in Ferguson, compared to 4% of stops among white drivers.

Figure 2. Ferguson traffic stops: Population searched, contraband hit rate, and arrest rate, 2013

After making a stop, Ferguson police searched 12% of black drivers in contrast to 7% of white drivers. Despite - or as a result of - the high rate of stops and searches for black drivers, police had a lower "contraband hit rate" when searching black drivers compared to white drivers. They found contraband - primarily drugs and sometimes weapons - on 22% of black drivers who were searched and on 34% of white drivers who were searched.

Yet blacks were twice as likely as whites to be arrested during a traffic stop (10% versus 5%). Two factors account for this disparity. First, by searching such a high proportion of black drivers, officers found contraband on a similar share of black drivers as white drivers (but on a smaller proportion of black drivers that they searched). The more influential factor, though, was that black drivers were more likely to have arrest warrants compared to their white counterparts. Black drivers were more likely to have these warrants in part because of unpaid fines related to their disproportionate exposure to traffic enforcement.

Municipalities such as Ferguson may have a fiscal incentive to focus law enforcement efforts on traffic violations and petty offenses. Court fines and fees have become a major source of revenue for certain municipal governments in St. Louis County - primarily those serving largely black populations with a high poverty rate. Court fines and forfeitures accounted for 20% of Ferguson's operating revenue in 2013. To ensure collection of these court fines and fees, these municipalities have issued a high rate of arrest warrants. Ferguson outpaced all other cities in the region with more than 1,500 warrants per 1,000 people in 2013 - about four times the rate for the city of St. Louis.

In the aftermath of protests in late summer 2014, the city of Ferguson announced reforms to cap the amount of revenue generated from such tickets. But that promise was short-lived. In December 2014, Ferguson's finance director announced plans to increase revenues from fines to fill a budget deficit from its most recent fiscal year.

Officer Darren Wilson stopped Michael Brown for jaywalking. Officer Daniel Pantaleo and his colleagues approached Eric Garner for selling untaxed cigarettes. Disproportionate police contact with people of color in these two very different jurisdictions set the context for these tragic deaths.

New York City

Policing in New York City took a dramatic turn in the 1990s under mayor Rudy Giuliani, with the launch of order-maintenance strategies known as "broken windows" and "quality of life" policing. These approaches seek to promote public safety by clamping down on petty offenses and neighborhood disorder. With Michael Bloomberg as mayor (2002-2013) and Raymond Kelly as police commissioner, the police also embarked on a campaign to stop, question, and frisk primarily male residents of neighborhoods populated by low-income people of color - areas thought to have higher crime rates. Many of these "stop and frisk" encounters were initiated with little legitimate rationale: officers noted "furtive movements" as the reason for 44% of stops between 2003 and 2013. While deemphasizing felony arrests, these policies dramatically increased the volume of arrests for misdemeanor offenses, of summonses for violations of the administrative code (such as public consumption of alcohol, disorderly conduct, and bicycling on the sidewalk), and of investigative police encounters with innocent people.

Figure 3. Summonses, misdemeanor arrests, stop and frisks, and felony arrests since 1993

Note: Stop and frisks are shown beginning in 2002, the year in which these data became readily available

Men of color have borne the brunt of these policies. Men have been over four times as likely as women to be arrested for a misdemeanor in New York City since 1980. Between 2001 and 2013, 51% of the city's population over age 16 was black or Hispanic. Yet during that period, 82% of those arrested for misdemeanors were black or Hispanic, as were 81% of those who received summonses. The racial composition of stop and frisks was similar.

Commissioner William Bratton played a crucial role in implementing "broken windows" policies when he led the city's transit police in 1990 and during his first tenure as police commissioner under Mayor Rudy Giuliani, from 1994 to 1996. Now reappointed, Bratton and Mayor Bill de Blasio remain committed to this style of order-maintenance policing, with Bratton touting its efficacy and explaining that its racial disparities result from targeting communities and populations with higher violent crime rates. In response to the outcry following Garner's death, Bratton has announced plans to retrain officers on appropriate use of force during these encounters.

Yet research shows that order-maintenance strategies have had only a modest impact on serious crime rates. New York City experienced a dramatic crime drop during its period of rising misdemeanor arrests and summonses: the city's homicide rate declined by 73% between 1990 and 2000. But this was not unique; other large cities including Seattle and San Diego have achieved similar reductions in crime since their crack-era crime peaks. Although an early study found that New York City precincts with higher levels of misdemeanor arrests experienced greater drops in serious crimes, a flawed research design makes this conclusion unreliable and few other studies have reached the same conclusion. More recent studies have found that high misdemeanor arrest volume, high summons volume, and other factors, have had only a modest association or no association at all with the city's violent crime drop. "Stop and frisk" activity has also been shown to have no impact on precincts' robbery and burglary rates. Therefore, while order-maintenance policing demands a substantial share of public funds, there is limited evidence to support its efficacy and great cause for concern about its impact.

Figure 4. Racial composition of New York City population, summonses, and misdemeanor arrests, 2001-2013

Note: Summons and misdemeanor arrest data are based on incidents rather than individuals: individuals with multiple arrests and summonses are counted multiple times. Summons data did not include age breakdown and are drawn from approximately 30% of cases that provided race information.

II. A Cascade of Racial Disparities Throughout the Criminal Justice System

In recent years, nearly equal proportions of blacks, whites, and Latinos in the United States have reported being stopped by the police while on foot or in their cars. But the causes and outcomes of these stops still differ by race, and staggering racial disparities in rates of police stops persist in certain jurisdictions. These disparities snowball as individuals traverse the criminal justice system.

Compared to nationwide trends, Ferguson's and New York's racial disparities in policing are in some ways representative and in others anomalous.

Blacks were 31% more likely and Hispanics were 6% more likely than whites to report a recent traffic stop in 2011, although in other recent years a similar proportion of blacks, Latinos, and whites have reported experiencing these stops. Ferguson and New York are two of many jurisdictions where traffic and pedestrian stops still differ significantly by race. A recent investigation of the rates at which the Boston Police Department observed, stopped, interrogated, frisked, or searched individuals without making an arrest found that blacks comprised 63% of these police-civilian encounters between 2007 and 2010, although they made up 24% of the city's population. Similar trends have led approximately 20 cities across the country to enter into consent decrees or memoranda of understanding with the Department of Justice to reduce excessive force and/or protect the public's civil rights, and several other cities are currently under investigation.

A closer look at the causes of traffic stops reveals that police are more likely to stop black and Hispanic drivers for discretionary reasons. A study of police stops between 2003 and 2004 in Kansas City distinguished between "traffic-safety stops" (reactive stops used to enforce traffic laws or vehicle codes) and "investigatory stops" (proactive stops used to investigate drivers deemed suspicious). The authors found that rates of traffic-safety stops did not differ by the driver's race, but rates of investigatory stops did, and did so significantly. While these differences persisted for all ages, they were sharpest among drivers under age 25: among these drivers, 28% of black men had experienced an investigatory traffic stop, as had 17% of black women, 13% of white men, and 7% of white women.

Figure 5. Rates of investigatory traffic stops among Kansas City drivers under age 25, 2003-2004

Source: Epp, C. R., Maynard-Moody, S., & Haider-Markel, D. P. (2014). Pulled Over: How Police Stops Define Race and Citizenship. Chicago, IL: The University of Chicago Press (p. 67).

Class differences did not fully explain this racial disparity: black drivers under age 40 were over twice as likely as their white counterparts to experience investigatory stops for both the highest- and lowest-valued cars. Traffic-safety stops, the researchers concluded, are based on "how people drive," whereas investigatory stops are based on "how they look."

Once arrested, people of color are also likely to be charged more harshly than whites; once charged, they are more likely to be convicted; and once convicted, they are more likely to face stiff sentences - all after accounting for relevant legal differences such as crime severity and criminal history.

Nationwide surveys also reveal disparities in the outcomes of police stops. Once pulled over, black and Hispanic drivers were three times as likely as whites to be searched (6% and 7% versus 2%) and blacks were twice as likely as whites to be arrested during a traffic stop. These patterns hold even though police officers generally have a lower "contraband hit rate" when they search black versus white drivers.

A recent investigation of all arrests - not just those resulting from traffic stops - in over 3,500 police departments across the country found that 95% of departments arrested black people at a higher rate than other racial groups. The cumulative effect of these policies is that 49% of African American men reported having been arrested by age 23, in contrast to 38% of their non-Hispanic white counterparts. The next section of this briefing paper will examine how much of this disparity stems from differential crime rates.

The nature of police encounters also differs substantially for people of color compared to whites. Several surveys conducted between 2002 and 2008 have shown that Hispanics were up to twice as likely and blacks were up to three times as likely as whites to experience physical force or its threat during their most recent contact with the police. More broadly, when a 1999 Gallup survey asked Americans about perceptions of police brutality in their neighborhoods, 58% of people of color said police brutality took place in their area, in contrast to only 35% of whites. Police officers' greater use of discretion when stopping people of color suggests that differences in drivers' behavior alone are unlikely to account for disparities in use of force.

People of color are therefore more likely than whites to be arrested - in part due to differences in crime rates but also due to differences in police policies and use of discretion. Once arrested, people of color are also likely to be charged more harshly than whites; once charged, they are more likely to be convicted; and once convicted, they are more likely to face stiff sentences - all after accounting for relevant legal differences such as crime severity and criminal history. A recent comprehensive scholarly review conducted by the National Research Council concluded that:

Blacks are more likely than whites to be confined awaiting trial (which increases the probability that an incarcerative sentence will be imposed), to receive incarcerative rather than community sentences, and to receive longer sentences. Racial differences found at each stage are typically modest, but their cumulative effect is significant.

Figure 6. Lifetime likelihood of imprisonment for those born in 2001

If recent trends continue, one of every three black teenage boys can expect to go to prison in his lifetime, as can one of every six Latino boys - compared to one of every seventeen white boys. Smaller but still substantial racial and ethnic disparities also persist among women.

New York's and Ferguson's racial disparities in policing are therefore representative of many aspects of police-citizen encounters around the country. Moreover, policing is not the only stage of the justice system that produces unwarranted racial disparity. Disadvantage accumulates throughout the criminal justice process and contributes to the disproportionate presence of blacks and Latinos in prisons, jails, and under community supervision. The next section presents a closer examination of the causes of these racial disparities.

III. Causes of Disparities

Like an avalanche, racial disparity grows cumulatively as people traverse the criminal justice system.

The roots of this disparity precede criminal justice contact: conditions of socioeconomic inequality contribute to higher rates of certain violent and property crimes among people of color. But four features of the justice system exacerbate this underlying disparity:

First, a variety of ostensibly race-neutral criminal justice policies in fact have a disparate racial impact. Second, implicit racial bias leads criminal justice practitioners to punish people of color more severely than whites. Third, resource allocation decisions disadvantage low-income defendants, who are disproportionately people of color. Finally, criminal justice policies exacerbate socioeconomic inequalities by imposing collateral consequences on those with criminal records and by diverting public spending away from preventative measures. This section first examines the role of differential crime rates before discussing inequities created by the criminal justice system.

Differential Crime Rates

People of color are more likely than whites to experience economic disadvantage that is compounded by racial inequality. These forces erode economic and social buffers against crime and contribute to higher rates of certain violent and property crimes - but not drug offenses - among people of color.

Figure 7. Homicides by race of offender and victim, 1980-2008

Blacks and Latinos constituted half of the jail population in 2013. In 2002, 44% of people in jail lacked a high school degree. In the month prior to their arrest, 29% were unemployed, and 59% reported earning less than $1000/month.

Higher rates of geographically concentrated socioeconomic disadvantage contribute to higher rates of certain violent and property crimes among African Americans. In 2012, African Americans represented 13% of the U.S. population. But African Americans comprised 39% of arrests for violent crimes (49% for murder and nonnegligent manslaughter) and 29% of arrests for property crimes. Information gathered from victimization surveys and self-reports of criminal offending suggest that, especially for certain violent crimes and to a lesser extent for property crimes, the race of those arrested resembles those of the people who have committed these crimes. Blacks and Hispanics are also more likely than whites to be victims of property and violent crimes. The overall homicide rate for blacks was 6.2 times higher than for whites in 2011.

Drug offending does not differ substantially by race. Surveys by federal agencies show that both recently and historically, whites, blacks, and Hispanics have used illicit drugs at roughly similar rates. Many studies also suggest that drug users generally purchase drugs from people of the same race or ethnicity as them. Socioeconomic inequality does lead people of color to disproportionately use and sell drugs outdoors, where they are more readily apprehended by police. But disparities in drug arrests are largely driven by the factors described later in this section.

Figure 8. Illicit drug use in past month among persons aged 12 or older, by race/ethnicity, 2002-2013

How much of the racial disparity in the prison population stems from crime rates, and how much is produced by the criminal justice system? In recent decades, a number of leading scholars, including Alfred Blumstein and Michael Tonry, have sought to quantify these effects. Over various time periods, these studies concluded that between 61% and 80% of black overrepresentation in prison is explained by higher rates of arrest (as a proxy for involvement in crime). The remainder might be caused by racial bias, as well as other factors like differing criminal histories. Several important nuances, described next, help to interpret these results.

Estimates of the extent to which differential crime rates account for disparities in imprisonment rates vary significantly by offense type and geography. In comparing the demographics of the prison population with arrestees, these studies have shown that the least racial disparity exists for the most serious offenses and that the most exists for the least serious offenses (for which arrest rates are also poor proxies for criminal involvement). This is because criminal justice practitioners can exercise greater discretion with less serious crimes. Scholars have also noted that there is wide variation among states in the degree to which arrest disparities explain incarceration disparities.

The overall conclusion of these studies is that racial differences in criminal offending explain a substantial, but incomplete, portion of the racial differences in the prison population for non-drug crimes. If racial differences in crime rates do not fully account for the high proportion of African Americans in prisons, what else is driving this disparity?

Four Key Sources of Unwarranted Racial Disparities in Criminal Justice Outcomes

1. Disparate racial impact of ostensibly race-neutral policies and laws

Myriad criminal justice policies that appear to be race-neutral collide with broader socioeconomic patterns to create a disparate racial impact. Policing policies and sentencing laws are two key sources of racial inequality.

Police policies that cast a wide net in neighborhoods and on populations associated with high crime rates disproportionately affect people of color, as described in Sections I and II. Consequently, people of color are more likely to be arrested even for behavior that they do not engage in at higher rates than whites. This greater level of scrutiny also contributes to higher rates of recidivism among people of color.

Almost 1 in 3 people arrested for drug law violations is black, although drug use rates do not differ by race and ethnicity. An ACLU report found that blacks were 3.7 times more likely to be arrested for marijuana possession than whites in 2010. This disparity expands at later stages of the criminal justice system so that 57% of people in state prisons for drug offenses are people of color, even though whites comprise over two-thirds of drug users, and are likely a similar proportion of sellers.

Myriad criminal justice policies that appear to be race-neutral collide with broader socioeconomic patterns to create a disparate racial impact.

Sentencing laws that are designed to more harshly punish certain classes of offenses, or to carve out certain groups from harsh penalties, also often have a disparate impact on people of color. This occurs because of how sentencing laws interact with broader racial differences in our society and within the criminal justice system.

Drug-free school zone laws mandate sentencing enhancements for people caught selling drugs near school zones. The expansive geographic range of these zones coupled with high urban density has disproportionately affected residents of urban areas, and particularly those in high-poverty areas - who are largely people of color. A study in New Jersey found that 96% of persons subject to these enhancements in that state were African American or Latino. All 50 states and the District of Columbia have some form of drug-free school zone law.

Diversion programs and alternative courts disproportionately bar people of color from alternatives to incarceration because they frequently disqualify people with past convictions.

"Three strikes and you're out" and other habitual offender laws disproportionately affect people of color who are more likely to have criminal records.

Figure 9. Racial disparities in marijuana use in past month and marijuana possession arrests, 2010

2. Racial bias among criminal justice professionals

While most white Americans no longer endorse overt and traditional forms of prejudice associated with the era of Jim Crow racism - such as beliefs about the biological inferiority of blacks and support for segregation and discrimination - a nontrivial proportion continue to express negative cultural stereotypes of blacks. Even more common among most white Americans, and many people of color, is implicit racial bias: unintentional and unconscious racial biases that affect decisions and behaviors. Psychological experiments have shown that these biases are pervasive in our society, and are held even by people who disavow overt prejudice. Implicit racial biases also permeate the work of criminal justice professionals and influence the deliberation of jurors.

Studies of criminal justice outcomes also reveal that implicit biases influence the decisions of criminal justice professionals.

In experimental research such as video simulated shooter studies, subjects are asked to quickly identify and shoot armed suspects, or to press another button to not shoot unarmed suspects. Participants more quickly and accurately decided to shoot an armed target when that person was African American, but more quickly and accurately chose not to shoot if the unarmed target was white. When researchers conducted this study with a predominantly white group of Denver-based police officers, they found that the officers were less likely than the general public to mistakenly shoot at black unarmed suspects. However, officers more quickly shot at armed black suspects than at armed white suspects. The researchers concluded that while these officers exhibited bias in their speed to shoot, their experience and training reduced bias in their decision to shoot.

Studies of criminal justice outcomes also reveal that implicit biases influence the decisions of criminal justice professionals. Researchers have analyzed the extent to which implicit bias affects the work of police officers, prosecutors, judges, and other members of the courtroom work group.

Police: As described in Sections I and II, many jurisdictions continue to experience significant racial disparities in police stops. Police have been more likely to pull over people of color for what researchers call investigatory stops. Once pulled over, blacks and Hispanics were three times as likely as whites to be searched, and blacks were twice as likely as whites to be arrested during a traffic stop.

Prosecutors: Prosecutors are more likely to charge people of color with crimes that carry heavier sentences than whites. Federal prosecutors, for example, are twice as likely to charge African Americans with offenses that carry mandatory minimum sentences than otherwise-similar whites. State prosecutors are also more likely to charge black rather than similar white defendants under habitual offender laws.

Judges: Judges are more likely to sentence people of color than whites to prison and jail and to give them longer sentences, even after accounting for differences in crime severity and criminal history. In federal cases, the sentencing disparities between noncitizens and citizens are even larger than those between people of color and whites. The race penalty, research from the 1990s revealed, is harshest for certain categories of people and offenses: it particularly affects men and the young, and is more pronounced for less serious offenses. In effect, young black men are perceived as being more dangerous because of their race and socioeconomic characteristics.

Other members of the courtroom work group: Unconscious racial bias has been found in many other corners of the criminal justice system. A study in Washington state found that in narrative reports used for sentencing, juvenile probation officers attributed the problems of white youth to their social environments but those of black youth to their attitudes and personalities. Defense attorneys may exhibit racial bias in how they triage their heavy caseloads. Racially diverse juries deliberate longer and more thoroughly than all-white juries, and studies of capital trials have found that all-white juries are more likely than racially diverse juries to sentence individuals to death. Studies of mock jurors have even shown that people exhibited skin-color bias in how they evaluated evidence: they were more likely to view ambiguous evidence as indication of guilt for darker skinned suspects than for those who were lighter skinned. Finally, an investigation of disparities in school discipline - including rates of out-of-school suspensions and police referrals - led the Departments of Education and Justice to declare that the substantial racial disparities in school discipline "are not explained by more frequent or more serious misbehavior by students of color," but suggest racial discrimination.

3. Resource allocation decisions that disadvantage low-income people

Key segments of the criminal justice system are underfunded, leading to worse outcomes for low-income defendants, who are disproportionately people of color. Moreover, many criminal justice policies and practices disadvantage people with limited resources.

Over 60% of people in jail are being detained prior to trial. Pretrial detention has been shown to increase the odds of conviction, and people who are detained awaiting trial are also more likely to accept less favorable plea deals, to be sentenced to prison, and to receive longer sentences. Seventy percent of pretrial releases require money bond, an especially high hurdle for low-income defendants, who are disproportionately people of color. Blacks and Latinos are more likely than whites to be denied bail, to be set a higher money bond, and to be detained because they cannot pay their bond. They are often assessed to be higher safety and flight risks because they are more likely to experience socioeconomic disadvantage and to have criminal records. Implicit bias also contributes to people of color also faring worse than comparable whites in bail determinations.

Most states inadequately fund their indigent defense programs. While there are many high-quality public defender offices, in far too many cases indigent individuals are represented by public defenders with excessively high caseloads, or by assigned counsel with limited experience in criminal defense.

Certain policies disadvantage lower income individuals, who are disproportionately people of color. Examples include risk assessments that give preference to employed people, or probation or parole requirements to report at locations where there is little public transportation.

Due to limitations in publicly funded treatment options, there are fewer sentencing alternatives available to low-income defendants, who cannot afford to pay for treatment programs as an alternative to confinement.

Community supervision and reentry programs are underfunded, with too many parole and probation systems offering supervision with little support.

4. Criminal justice policies that exacerbate socioeconomic inequalities

Because the criminal justice system is an institution that primarily reacts to - rather than prevents - crime, it is ill-equipped to address many of the underlying causes of crime. But mass incarceration's hold on vast public resources and the obstacles erected for people with criminal records further erode the economic and social buffers that prevent crime.

Reentry is obstructed by the collateral consequences of a criminal conviction. A criminal record creates overwhelming odds against securing steady employment. Moreover, those with felony drug convictions are disqualified from receiving federal cash assistance, food stamps, and publicly subsidized housing in many areas. Combined with heightened surveillance, these obstacles contribute to three of four people released from prison arrested within 5 years, and half being re-imprisoned.

Excessive spending on criminal justice programs limits public funds that can be allocated to crime prevention and drug treatment. Because of their higher rates of incarceration, victimization, and poverty, people of color are disproportionately affected by these shortcomings in policy.

These four features have created an unequal justice system. They contribute to blacks' and Latinos' high rates of contact with the police and disadvantage them throughout the criminal justice process. Excessive levels of control and punishment, particularly for people of color, are not advancing public safety goals and are damaging families and communities. Consequently, although people of color experience more crime than whites, they are less supportive than whites of punitive crime control policies.

The best practices described in the following section are drawn from the following sources, unless otherwise stated: The Sentencing Project (2008). Reducing Racial Disparity in the Criminal Justice System: A Manual for Practitioners and Policymakers. Washington, D.C. (pp. 11-57); Hoytt, E. H., Schiraldi, V., Smith, B. V., & Ziedenberg, J. (2001). Reducing Racial Disparities in Juvenile Detention (2001). Baltimore, MD: Annie E. Casey Foundation; Shoenberg, D. (2012). Innovation Brief: Reducing Racial and Ethnic Disparities in Pennsylvania. Chicago, IL: MacArthur Foundation; National Association of Counties (2011). Juvenile Detention Reform: A Guide for County Officials, Second Edition; New York University Journal of Legislation and Public Policy (2013). 16(4).]

IV. Best Practices for Reducing Racial Disparities

Jurisdictions around the country have implemented reforms to address these sources of inequality. This section showcases best practices from the adult and juvenile justice systems. In many cases, these reforms have produced demonstrable results.

1. Revise Policies and Laws with Disparate Racial Impact

Through careful data collection and analysis of racial disparities at various points throughout the criminal justice system, police departments, prosecutor's offices, courts, and lawmakers have been able to identify and address sources of racial bias.

Revise policies with disparate racial impact: Seattle; New York City; Florida's Miami-Dade and Broward County Public Schools; Los Angeles Unified School District.

After criticism and lawsuits about racial disparities in its drug law enforcement, some precincts in and around Seattle have implemented a pre-booking diversion strategy: the Law Enforcement Assisted Diversion program. The program gives police officers the option of transferring individuals arrested on drug and prostitution charges to social services rather than sending them deeper into the criminal justice system.

Successful litigation and the election of a mayor with a reform agenda effectively curbed "stop and frisk" policing in New York City. Mayor Bill de Blasio vowed that his administration would "not break the law to enforce the law" and significantly curbed a policy that was described by a federal judge as one of "indirect racial profiling." Thus far, the reform has not had an adverse impact on crime rates. In a related effort to address disparities in enforcement, the New York City Police Department stated it would no longer make arrests for possession of small amounts of marijuana but would instead treat these cases as non-criminal offenses subject to a fine rather than jail time. Yet experts worry that this policy does not go far enough to remedy unfair policing practices and may still impose problematic consequences on those who are ticketed.

Several school districts have enacted new school disciplinary policies to reduce racial disparities in out-of-school-suspensions and police referrals. Reforms at Florida's Miami-Dade and Broward County Public Schools have cut school-based arrests by more than half in five years and significantly reduced suspensions. In Los Angeles, the school district has nearly eliminated police-issued truancy tickets in the past four years and has enacted new disciplinary policies to reduce reliance on its school police department. School officials will now deal directly with students who deface property, fight, or get caught with tobacco on school grounds. Several other school districts around the country have begun to implement similar reforms.

Revise laws with disparate racial impact: Federal; Indiana; Illinois; Washington, D.C.

The Fair Sentencing Act (FSA) of 2010 reduced from 100:1 to 18:1 the weight disparity in the amount of powder cocaine versus crack cocaine that triggers federal mandatory minimum sentences. If passed, the Smarter Sentencing Act would apply these reforms retroactively to people sentenced under the old law. California recently eliminated the crack-cocaine sentencing disparity for certain offenses, and Missouri reduced its disparity. Thirteen states still impose different sentences for crack and cocaine offenses.

Indiana amended its drug-free school zone sentencing laws after the state's Supreme Court began reducing harsh sentences imposed under the law and a university study revealed its negative impact and limited effectiveness. The reform's components included reducing drug-free zones from 1,000 feet to 500 feet, eliminating them around public housing complexes and youth program centers, and adding a requirement that minors must be reasonably expected to be present when the underlying drug offense occurs. Connecticut, Delaware, Kentucky, Massachusetts, New Jersey, and South Carolina have also amended their laws.

Through persistent efforts, advocates in Illinois secured the repeal of a 20-year-old law that required the automatic transfer to adult court of 15- and 16-year-olds accused of certain drug offenses within 1,000 feet of a school or public housing. A broad coalition behind the reform emphasized that the law was unnecessary and racially biased, causing youth of color to comprise 99% of those automatically transferred.

Following a campaign that emphasized disparate racial enforcement of the law, a ballot initiative in Washington, D.C. may legalize possession of small amounts of marijuana in the district.

Address upstream disparities: New York City; Clayton County, GA.

The District Attorney of Brooklyn, New York informed the New York Police Department that he would stop prosecuting minor marijuana arrests so that "individuals, and especially young people of color, do not become unfairly burdened and stigmatized by involvement in the criminal justice system for engaging in non-violent conduct that poses no threat of harm to persons or property."

Following a two-year study conducted in partnership with the Vera Institute of Justice, Manhattan's District Attorney's office learned that its plea guidelines emphasizing prior arrests created racial disparities in plea offers. The office will conduct implicit bias training for its assistant prosecutors, and is being urged to revise its policy of tying plea offers to arrest histories.

Officials in Clayton County, Georgia reduced school-based juvenile court referrals by creating a system of graduated sanctions to standardize consequences for youth who committed low-level misdemeanor offenses, who comprised the majority of school referrals. The reforms resulted in a 46% reduction in school-based referrals of African American youth.

Anticipate disparate impact of new policies: Iowa; Connecticut; Oregon; Minnesota.

Iowa, Connecticut, and Oregon have passed legislation requiring a racial impact analysis before codifying a new crime or modifying the criminal penalty for an existing crime. Minnesota's sentencing commission electively conducts this analysis. This proactive approach of anticipating disparate racial impact could be extended to local laws and incorporated into police policies.

Revise risk assessment instruments: Multnomah County, OR; Minnesota's Fourth Judicial District.

Jurisdictions have been able to reduce racial disparities in confinement by documenting racial bias inherent in certain risk assessment instruments (RAI) used for criminal justice decision making. The development of a new RAI in Multnomah County, Oregon led to a greater than 50% reduction in the number of youth detained and a near complete elimination of racial disparity in the proportion of delinquency referrals resulting in detention. Officials examined each element of the RAI through the lens of race and eliminated known sources of bias, such as references to "gang affiliation" since youth of color were disproportionately characterized as gang affiliates often simply due to where they lived.

Similarly, a review of the RAI used in consideration of pretrial release in Minnesota's Fourth Judicial District helped reduce sources of racial bias. Three of the nine indicators in the instrument were found to be correlated with race, but were not significant predictors of pretrial offending or failure to appear in court. As a result, these factors were removed from the instrument.

2. Address Implicit Racial Bias Among Criminal Justice Professionals

In its comprehensive review of implicit racial bias research, the Kirwan Institute for the Study of Race and Ethnicity concludes that "education efforts aimed at raising awareness about implicit bias can help debias individuals." Their review describes a number of debiasing strategies shown to reduce implicit racial bias in both experimental and non-experimental settings. These include providing exposure to counter-stereotypic imagery, increasing inter-racial contact and diversity, and monitoring outcomes to increase accountability. This section examines recent proposals to reduce bias in policing, as well as how jurisdictions have mitigated the negative impact of implicit bias in later stages of the justice system by establishing objective guidelines to standardize decision making, ensuring that decision-makers have access to the most complete information possible, and providing training on racial bias.

Address bias and excessive use of force among police officers: Connecticut; Maryland; Wisconsin; Austin, TX.

In addition to reducing excessive police contact, police departments must also improve the nature of this contact to curb excessive use of force. Because of their training and experience, police officers are less likely than the general public to mistakenly shoot at black unarmed suspects in experimental settings, and exhibit less bias in their response times. But it is unclear how these lab-based outcomes translate to real-world scenarios. Simulation studies have underscored the challenges in using officer training - especially exposure to counter-stereotypic imagery - to reduce racial bias in police officers' response times. Research on many recently proposed reforms to reduce racial bias in policing has been limited and mixed:

Many police departments have struggled to recruit and retain persons of color in their ranks. Underrepresentation of people of color presents a barrier to building relationships with the communities they are sworn to serve. Survey data suggest that black officers may be more mindful than white officers of biased policing. A majority of black officers believe (and a majority of white officers disagree) that police treat whites better than people of color, and agree that police are more likely to use force against people of color than against whites. Yet a diverse police force alone is unlikely to remedy community-police relations. Studies have reached conflicting conclusions about the relationship between the race of officers and their likelihood of having used force.

Some jurisdictions in the United States and abroad offer improved models for preventing excessive use of force, investigating claims, and ensuring police accountability. Connecticut, Maryland, and Wisconsin have passed laws requiring special prosecutors to handle cases of police misconduct in order to address the potential conflict of interest when local district attorneys prosecute the law enforcement officials with whom they work daily. France and Spain have similar laws, requiring independent investigating magistrates for cases involving police use of deadly force. Given the considerable leeway given to police on when to use force within the "objectively reasonable" standard set forth by the Supreme Court, it is important to create clear guidelines that curb excessive use of force. Germany, for example, provides strict limitations on the use of force for petty offenses. A case study of the Austin Police Department recommends a use of force policy that contains clear deadly force and less-lethal force guidelines, extensive police training in all force options, and an early warning system for identifying problem officers. Once officers are deemed unqualified by their commanders, a process should be established to remove problem officers and prevent those with a history of misconduct from transferring to other departments. In addition, an independent civilian review board with the power to discipline officers should be established to oversee complaints filed by the public.

There is currently growing interest in the potential for body cameras worn by officers to reduce their excessive use of force and increase accountability. Following the fatal police shooting in Ferguson, Missouri, President Obama has pledged to allocate $75 million to the purchase of 50,000 body cameras. Research on the effectiveness of these cameras, however, is both limited and mixed. There is some evidence that body cameras can reduce use of force by police, assaults on officers, and citizen complaints, by changing either police or citizen behavior. Yet as the non-indictment of NYPD officer Daniel Pantaleo for Eric Garner's death suggests, video footage of excessive police force does not ensure accountability. Meanwhile, this technology has raised concerns that body cameras may intrude on citizen privacy and exacerbate trauma among victims of crimes and accidents. Yet a number of civil rights organizations, including the American Civil Liberties Union, have generally expressed support for the use of body cameras, provided that they are governed by strict privacy policies. This year, Los Angeles will become the first major U.S. city to implement body camera technology widely.

Eliminate racial disparities in charging decisions: Milwaukee County, WI; Mecklenburg County, NC; San Diego County, CA.

The Vera Institute of Justice's Prosecution and Racial Justice program has worked with various jurisdictions to reduce unwarranted racial and ethnic disparities caused by prosecutorial decision making. In Milwaukee, prosecutors previously filed drug paraphernalia charges against 73% of black suspects but only 59% of white suspects. The prosecutor's office was able to eliminate these disparities by reviewing data on outcomes, stressing diversion to treatment or dismissal, and requiring attorneys to consult with supervisors prior to filing such charges.

Establish objective criteria and guidelines for decision making: Dorchester, MA; Multnomah County, OR; Saint Louis County, MN.

In Dorchester, 52% of people of color arrested in a school zone for a drug crime received an enhanced charge, while only 15% of whites received such a charge. Based on these findings, judicial leadership worked with police and prosecutors to develop guidelines to more fairly handle school zone cases.

Similarly, Multnomah County instituted a "sanctions grid" for probation violations that minimized staff inconsistencies, while encouraging youth sanctions other than secure detention. The changes resulted in an immediate reduction in the detention population and were part of a broader effort that largely eliminated the racial disparity in the proportion of referrals resulting in detention.

When making bail determinations in Saint Louis County, Minnesota, judges did not have access to a defendant's bail report, which contained important personal background information, and relied exclusively on the name of the person arrested, the current charge, and the person's prior criminal history in the state. Local officials perceived the system to be biased against people of color, releasing whites on their own recognizance twice as often as other racial groups, and imposing money bond on African Americans more often and in a greater amount than on whites. Racial disparities remained even when controlling for offense severity level, number of felony charges, and the defendant's criminal history. Changes were made so that in all felony cases, judges only made bail determinations once a bail report had been provided. The judges also received training on best practices in making bail determinations.

Address potential bias among jurors: Northern District of Iowa; North Carolina.

U.S. District Court Judge Mark W. Bennett spends 25 minutes discussing implicit bias with the potential jurors in his court. He shows video clips that demonstrate bias in hidden camera situations, gives specific instructions on avoiding bias, and asks jurors to sign a pledge. Although the impact of this approach has not been measured, mock jury studies have shown that increasing the salience of race and making jurors more conscious of their biases reduces biased decision making.

North Carolina's Racial Justice Act enabled commutation of death sentences based on statistical evidence that race had played a role in sentencing. Four death sentences were commuted to life without parole. But as a result of divisive state politics on the issue, the legislature subsequently repealed the law.

3. Reallocate Resources to Create a Level Playing Field

Investing in alternatives to incarceration and limiting the financial outlays required from defendants have helped to reduce the disadvantage of low-income people of color in the criminal justice system.

Increase pretrial release: New Jersey; Cook County, IL.

In 2014, New Jersey reformed its bail system to emphasize risk assessment over monetary bail in pretrial release decisions. Previously, all defendants were detained based on their ability to post bail, regardless of their risk level. The new set of laws, which includes a constitutional amendment approved by voters, expands judicial discretion to set the terms of pretrial release and provides judges with broader nonmonetary pretrial release options. Judges may now release lower-risk indigent individuals who cannot afford bail and may deny pretrial release for high-risk individuals. All defendants will undergo a risk assessment before their bail hearing and monetary bail may only be set if it is determined that no other conditions of release will assure their appearance in court. In addition, the legislation established time limits to ensure more speedy trials and guarantees defendants the right to counsel at their pretrial detention hearings.

Appointed counsel is under-resourced and often struggles to gather information supporting pretrial release to present at custody or bail hearings. The Cook County Public Defender's Office established the Detention Response Unit in 1996 to improve case outcomes for youth of color. The unit consisted of two paralegals who interviewed detained youth prior to their custody hearings. The paralegals helped add a larger social narrative to the court process by checking on community ties and stressing to families the importance of attending the custody hearing.

Establish alternatives to incarceration for low-income individuals: Berks County, PA; Illinois; Rock County, WI; Union County, NC.

In Berks County, PA, officials were able to reduce the number of youth in secure detention - most of whom were youth of color - by 67% between 2007 and 2012 in part by increasing reliance on alternatives. These included non-secure shelters for youth who cannot safely return home but did not require locked detention, evening reporting centers, electronic monitoring, and expanded use of evidence-based treatment programs. Because many of these youth had committed technical violations of their probation terms, this broader range of alternatives made it possible to keep them out of detention without harming public safety.

In 2004, Illinois expanded alternative community programs and decreased reliance on detention. By 2007, detentions had been reduced by 44% across the state's four pilot sites. The sites created a wide variety of programs, including Aggression Replacement Training, Functional Family Therapy, a community restorative board, teen court, and substance abuse treatment. For every $1 spent on the programs, $3.55 in incarceration costs were avoided.

Other jurisdictions have reduced the proportion of youth of color in detention by adopting graduated sanctions for probation violations. In Rock County, WI, graduated sanctions and incentives for probation violators, such as Aggression Replacement Training and evening reporting, helped drop the percentage of youth of color in the total detention population from 71% to 30%. Similarly, in Union County, NC, the use of graduated sanctions for youth who violated probation helped to decrease the representation of youth of color in the total detention population by 32%.

Offer Spanish language resources: Maricopa County, AZ; Santa Cruz County, CA

Maricopa County significantly improved outcomes in the Driving Under the Influence (DUI) Court, by creating a separate Spanish-speaking court. The court achieved an 88% graduation rate, higher than the 66% rate for participants in English-speaking DUI court. Graduates of the DUI court have to complete at least 20 weeks of treatment, education, and counseling, reach 6 months of sobriety, and be attending school or employed.

Santa Cruz County's probation department addressed difficulties of communicating with Latino families by increasing the number of Spanish-speaking staff to match the proportion of such youth at the detention center. The department also doubled the number of youth diversions by creating programs to meet the needs of Latino youth, designing programs to meet regional needs across the county, and expanding bilingual staff at a local community provider. Overall, these efforts helped lead to a 25% reduction in the average daily detention population, and a simultaneous 22% reduction in the Latino representation in the juvenile hall population.

4. Revise Policies that Exacerbate Socioeconomic Inequalities and Redirect Public Spending Toward Crime Prevention and Drug Treatment

While the criminal justice system is not well-positioned to address the socioeconomic inequality that contributes to differential crime rates, it should not aggravate these conditions. Advocates have had success in downsizing and redirecting criminal justice spending, increasing utilization of existing resources, and limiting the collateral consequences of criminal convictions.

Expand and maximize utilization of available community resources: California; Pima County, AZ.

California voters in November 2014 approved Proposition 47, which reclassifies a number of low-level offenses from felonies to misdemeanors. This allows 10,000 incarcerated individuals to petition to have their sentences reduced. Moreover, a significant portion of projected state prison savings each year will be allocated to preventing crime from happening in the first place. This includes investments in mental health and substance abuse treatment, programs to reduce school truancy and prevent dropouts, and support for victim services.

Officials and community groups in Pima County, AZ, helped to increase the utilization of community resources by creating geocoded maps to identify communities with high proportions of youth referred to detention and then developing community asset maps to find available program services for at-risk youth in those areas.

Limit the collateral consequences of criminal convictions: Numerous states and localities.

A criminal record is a strong barrier to employment, and therefore to successful reentry. In 2012, the Equal Employment Opportunity Commission warned employers that they may be liable under Title VII of the Civil Rights Act of 1964 if they uniformly administer "a criminal background check that disproportionately excludes people of a particular race, national origin, or other protected characteristic" when it is not related to the job or necessary for the business. To reduce barriers to employment for those with criminal records, many jurisdictions have passed laws or issued administrative orders to "Ban the Box" - or remove the question about conviction history from initial job applications and delay a background check until later in the hiring process. Twelve states - including Maryland, Illinois, and California - and 60 cities - including Atlanta and New York City - have passed these reforms. More broadly, 41 states and the District of Columbia have enacted some form of legislation to reduce collateral consequences.

Advocates have been urging states to end denial of federal cash assistance and food stamp benefits for people convicted in state or federal courts of felony drug offenses. These bans primarily affect low-income women of color. The 1996 Personal Responsibility and Work Opportunity Reconciliation Act that created the ban also permitted states to opt out or modify its terms. To date, 13 states have fully opted out of the cash assistance ban and nine from the food stamp ban. Others have opted out in part through smaller changes, such as making access dependent on type of drug offense or enrollment in treatment.

In recent years, advocates have worked to address housing insecurity for persons with convictions. In 2011, the federal Department of Housing and Urban Development began urging public housing agencies to relax admission policies in an effort to help people released from prison reunite with their families. Litigation underway in Kansas City and New York City strives to address exclusionary housing policies in the private rental market.

Since 1997, 23 states, including New Mexico, Rhode Island, and Virginia, have enacted reforms to expand voter eligibility for people with felony convictions. Felony disenfranchisement policies have had a disproportionate impact on communities of color, with black adults four times more likely to lose their voting rights than the rest of the adult population.

V. Implementation Strategies and Metrics for Success

Policymakers and practitioners can draw on lessons from these reforms to develop successful implementation strategies and sound evaluation metrics.

All key decision-makers and interested parties - policymakers, practitioners, community groups, and formerly incarcerated individuals - should be included in the development and implementation of reforms. This collective approach can identify sources of disparity, develop solutions and weigh their costs, carry out implementation, and establish monitoring and accountability practices. Institutionalizing reforms in this way can also ensure that they are sustainably funded and implemented. In addition, public education can expand demand and support for reforms.

A key question is whether an initiative should be designed to reduce the total number of people of color in the justice system (in absolute count or as a rate) or the relative ratio of racial disparity (a comparison of rates of contact with the justice system).

Analyzing the impact of reforms to address racial disparity within the justice system requires not only access to comprehensive data, but also a framework for measuring success. A key question is whether an initiative should be designed to reduce the total number of people of color in the justice system (in absolute count or as a rate) or the relative ratio of racial disparity (a comparison of rates of contact with the justice system). These are both laudable goals, but with potentially very different outcomes. Just as it is possible to reduce the absolute level of imprisonment without reducing racial disparity (for example, if both white and black incarceration rates were equally reduced), so is it possible to reduce racial disparities without affecting incarceration levels (for example, if the white incarceration rate rose while the black incarceration rate remained constant).

A recent study of the juvenile justice system illustrates these dynamics. The National Council on Crime and Delinquency analyzed data from five geographically diverse counties engaged in juvenile justice reform in the period 2002-2012, a period when the number of juveniles in residential placement nationally declined by about 40%. The study found that of the juveniles placed in secure confinement during this period, the proportion who were youth of color increased from 12.4% in 2002 to 22.3% in 2012. While it is troubling that the racial disparity has increased, there are nonetheless far fewer African Americans (and whites) behind bars. From the perspective of reducing the consequences of criminal justice control over people of color, such a development has been constructive overall.

VI. Conclusion

Despite substantial progress in achieving racial justice in American society over the past half century, racial disparities in the criminal justice system have persisted and worsened in many respects. Among African American men born just after World War II, 15% of those without a high school degree were imprisoned by their mid-30s. For those born in the 1970s, 68% were imprisoned by their mid-30s.

The country has made progress on these issues in recent years. New York and other large states have significantly reduced their prison populations and the juvenile justice system has reduced youth confinement and detention by over 40% since 2001. The racial gap in incarceration rates has begun to narrow and police departments in many cities are increasingly diverse. The Garner case has sensitized many white Americans to problems in the justice system, with 47% of whites nationwide and half in New York City stating that the officer should have been indicted. Finally, proper enforcement of the recently reauthorized Death in Custody Reporting Act can ensure accurate data on future police use of lethal force.

But demonstrators have echoed Garner's final words - "I can't breathe" - and the message attributed to Brown - "hands up, don't shoot" - in public protests because there is much left to do.

As proven by the jurisdictions highlighted in this report, reforms can improve criminal justice outcomes by targeting the four key causes of racial disparity: disparate racial impact of laws and policies, racial bias in the discretion of criminal justice professionals, resource allocation decisions that disadvantage low-income people, and policies that exacerbate socioeconomic inequalities. We must now expand the scale and increase the speed of these efforts.

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Black Lives Matter: Eliminating Racial Inequity in the Criminal Justice System | The Sentencing Project

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Executive Summary Uneven Policing in Ferguson and New York City A Cascade of Racial Disparities Throughout the Criminal Justice System Causes of Disparities Differential crime rates Four key sources of unwarranted racial disparities in criminal justice outcomes Best Practices for Reducing Racial Disparities Revise policies and laws with disparate racial

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Las protestas de mayo y junio 2020 han puesto en el centro del debate las las campañas de  abolición de la policía (#abolish) y reducción de sus presupuestos (#defund).  Los colectivos argumentan que las reformas superficiales ya han sido intentadas con anterioridad, sin buenos resultados. Numerosos activistas y expertos en el área ofrecen propuestas específicas, aportan experiencias y proyectos alternativos de seguridad ciudadana y se dirigen a la raíz de los problemas. Sí, son programas radicales, y sí, aseguran que una sociedad sin policía es posible.

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Conversando sobre la abolición y sobre un futuro sin policía con Ricardo Levins Morales (Artista y activista residente en minneapolis)

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Conversando sobre la abolición y sobre un futuro sin policía con Ricardo Levins Morales (Artista y activista residente en minneapolis)

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"Para aquellos que estén interesados en soluciones basadas en la investigación para detener la violencia policial, esto es lo que necesitan saber”

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"Para aquellos que estén interesados en soluciones basadas en la investigación para detener la violencia policial, esto es lo que necesitan saber”

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Samuel Sinyangwe en Twitter: basado en los hechos y datos. Un hilo.

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El alcalde de Minneapolis se declara en contra del desmantelamiento al completo el Departamento de Policía de Minneapolis 

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El alcalde de Minneapolis se declara en contra del desmantelamiento al completo el Departamento de Policía de Minneapolis 

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MINNEAPOLIS (WCCO) - Protesters have been marching on Saturday demanding for Minneapolis Mayor Jacob Frey to defund the Minneapolis Police Department and invest in community-lead safety measures - beyond police.

The protesters marched to Mayor Frey's house and called for him to come out.

First chanting "Black Lives Matter" then singing "Defund the police, give the money to community."

Black Visions Collective is leading a march from Bottineau Park @WCCO pic.twitter.com/HKJhVUkDbZ

- David Schuman (@david_schuman) June 6, 2020

All afternoon the message was about not only defunding the police department, but abolishing it.

Chants railed against racist cops and songs were sung about putting money into Black communities. Then Mayor Frey was spotted in the crowd and invited up front.

The protest organizer asked him point blank yes or no - "Will you commit to defunding the police?" She said his re-election bid next year depended on it and the crowd agreed.

Whoa. @MayorFrey is asked "Will you commit to defunding police, yes or no?" Speaker says his re-election hinges on the answer. Couldn't hear answer but the crowd erupts in boos, chanting "GO HOME JACOB."

Full video: pic.twitter.com/zODcbYGdeS

- David Schuman (@david_schuman) June 6, 2020

When he gave his answer, there was an eruption of boos and chants for him to go home.

WCCO caught Mayor Frey afterwards and here's what he had to say:
"If you're asking whether I'm for massive structural reform to revise a structurally racist system the answer is 'yes'. If you're asking whether I will do everything possible to push back on the inherent inequities that are literally built into the architecture the answer is 'yes'. If you're asking whether I'm willing to do everything I possibly can throughout the rest of my term to make sure that the police union, the police contract, the arbitration system, and some of these policies that have resulted in problems for specifically Black and Brown people and murder over series of generations, I'm all for that. I'm not for abolishing the entire police department, I will be honest about that."
The march has stopped several times too for different reasons - once it was to have a dance party, another was for a prayer.

At the beginning, Congresswoman Ilhan Omar was also there.

BREAKING: Rep. Ilhan Omar @IlhanMN giving a speech that fires up the crowd after taking off her mask that says "Stop Killing Black People" (1/x) pic.twitter.com/egdUBMlJQW

- David Schuman (@david_schuman) June 6, 2020

She gave a speech that resonated with the crowd, saying she's happy there's consensus on the Minneapolis City Council about the police department being "inherently beyond reform."

The next step she said is keeping those council members accountable.
Related Stories:

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'I'm Not For Abolishing The Entire Police Department': Mayor Frey Speaks Out At Mpls. Protest

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MINNEAPOLIS (WCCO) - Protesters have been marching on Saturday demanding for Minneapolis Mayor Jacob Frey to defund the Minneapolis Police Department and invest in community-lead safety measures - beyond police. The protesters marched to Mayor Frey's house and called for him to come out.

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El distrito escolar de Minneapolis cancela su contrato con la policía local de Minneapolis 

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El distrito escolar de Minneapolis cancela su contrato con la policía local de Minneapolis 

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En Estados Unidos es habitual que los centros educativos cuenten con personal de seguridad. En Minneapolis y gracias a la presión de la comunidad de color, la policía ya no estará presente en las escuelas e institutos. Queda por determinar si contratarán otro personal de seguridad o si utilizaran los recursos para dotar a los centros de más personal educativo como reclaman numerosas organizaciones.

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Minneapolis Public Schools has severed its decadeslong relationship with the city's police department in response to the death of George Floyd in police custody.

The school board voted unanimously Tuesday to terminate the MPD's contract to provide school resource officers. The district will cease further negotiations with the department and Superintendent Ed Graff must come up with a new plan for school safety by the board's Aug. 18 meeting.

"I value people and education and life," school board chairwoman Kim Ellison said in an interview. "Now I'm convinced, based on the actions of the Minneapolis Police Department, that we don't have the same values."

"I firmly believe that it is completely unnatural to have police in schools," school board member Kimberly Caprini said during the meeting.

In a statement, MPD Deputy Chief Erick Fors said they will continue to work with MPS on security and safety issues.

"The relationships that were built were impactful not only for the students and staff, but for the officers who had a calling to work with our youth through mentorship and engagement."

The Minneapolis and St. Paul school districts have long faced criticism over the use of school resource officers, with both seeking to transform the role to be more of a mentor than an enforcer. In 2018-2019, a Minneapolis Public Schools survey gave mostly positive marks to the officers, but the data also showed that school cops had more interactions with black students than their peers.

The state's third-largest school district has contracted with Minneapolis police since 1967, a district spokeswoman said, except from 2004-2009, when it worked with park police. Under the current contract, the district was paying Minneapolis police $1.1 million annually for its services.

Earlier Tuesday, a few hundred people - including Democratic U.S. Rep. Ilhan Omar - gathered outside the district's headquarters to voice support for the move.

"Police brutality doesn't just happen in the streets here in Minneapolis. It happens in our schools," Omar said. "Enough is enough."

A group of North High School students spoke against the removal of school resource officers. Their school resource officer, who is also their football coach, is "like a father," they said.

"With SROs being gone, nobody's going to feel safe at school," one of the students said. Board member KerryJo Felder offered an amendment during Tuesday's meeting to give North and Henry high schools the option to keep their officers. It failed.

Ellison noted that police response time will be slower without school resource officers if an incident occurs. But, she said, this is a matter of values.

Minnesota Freedom Fund, which helps covers bail costs, became a cause célèbre after Twin Cities riots.

Protests were largely peaceful and the nation's streets were calmer than they have been in days since the killing of George Floyd set off sometimes violent demonstrations over police brutality and injustice against African Americans.

The Latest on the May 25 death in Minneapolis of George Floyd, a handcuffed black man who pleaded for air as a white police officer...

A fourth night of protests in Madison ended peacefully, police said Wednesday, in contrast with three previous nights of violence.

Signs of normalcy are slowly taking root as protests over George Floyd's death continue.

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Minneapolis Public Schools terminates contract with Police Department over George Floyd's death

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Minneapolis Public Schools has severed its decadeslong relationship with the city's police department in response to the death of George Floyd in police custody. The school board voted unanimously Tuesday to terminate the MPD's contract to provide school resource officers.

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La mayoría de los concejales anuncian su apoyo al proceso de desmantelación del Departamento de Policía de Minneapolis

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La mayoría de los concejales anuncian su apoyo al proceso de desmantelación del Departamento de Policía de Minneapolis

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They said they would divert those funds toward a community-based public safety model.

"We have a paradigm for safety that is rooted in community and justice. We have seen it the last two weeks, Cunningham said. "The reality is that people have been doing this work for decades and not being paid. We have poured that money into the police department and where has it gotten us?"

As the council members stood on stage, they read from banners that outlined their joint commitment to public safety reform:

"Decades of police reform efforts have proved that the Minneapolis Police Department cannot be reformed and will never be accountable for its actions.

"We are here today to begin the process of ending the Minneapolis Police Department and creating a new transformative model for cultivating safety in our city.

"We recognize that we don't have all the answers about what a police-free future looks like, but our community does. We're committing to engaging with every willing community member in the City of Minneapolis over the next year to identify what safety looks like for everyone.

"We'll be taking intermediate steps towards ending the MPD through the budget process and other policy and budget decisions over the coming weeks and months."

The nine council members make up a veto-proof supermajority of the council, which currently has 12 members.

Minneapolis Mayor Jacob Frey made an impromptu announcement to a crowd of protesters on Saturday that he did not support ending the Minneapolis Police Department. He reaffirmed his position on Sunday in response to the rally.

"I'll work relentlessly with Chief (Medaria) Arradondo and alongside community toward deep, structural reform and addressing systemic racism in police culture. And we're ready to dig in and enact more community-led, public safety strategies on behalf of our city. But I do not support abolishing the Minneapolis Police Department," Frey said in a statement.

Social justice organizations Black Visions and Reclaim the Block organized the community meeting. According to a news release, the groups have been pushing for divestment from the Minneapolis Police Department since 2018. Miski Noor is with Black Visions, "MPD has shown us who they really are over and over and over again."

The nationwide push for dismantling police departments is gaining traction in the wake of the death of George Floyd, who was killed while former Minneapolis police officer Derek Chauvin knelt on his neck.

Chauvin was fired from the police department on May 26 and was later charged with second-degree murder and second-degree manslaughter in connection with Floyd's death. His first court appearance is on Monday.

The three other officers involved in Floyd's arrest and subsequent death - J. Alexander Kueng, Thomas Lane and Tou Thao - were all fired the same day as Chauvin and were last week each charged with unintentional aiding and abetting second-degree murder and aiding and abetting second-degree manslaughter.

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Majority of Minneapolis City Council announces support for dismantling police department

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They said they would divert those funds toward a community-based public safety model. "We have a paradigm for safety that is rooted in community and justice. We have seen it the last two weeks, Cunningham said. "The reality is that people have been doing this work for decades and not being paid.

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Los concejales del ayuntamiento de Minneapolis anuncian su intención de desmantelar el Departamento de Policía

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Los concejales del ayuntamiento de Minneapolis anuncian su intención de desmantelar el Departamento de Policía

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MINNEAPOLIS (WCCO) - On Sunday afternoon, hundreds of people rallied at Powderhorn Park to call for more changes to the Minneapolis Police Department.

Nine out of thirteen Minneapolis City Council members stood up on the stage to announce their intent to disband the city's police department.

The announcement comes after council president Lisa Bender and member Jeremiah Ellison tweeted Thursday that they plan to dismantle the police department.

Yes. We are going to dismantle the Minneapolis Police Department and replace it with a transformative new model of public safety. https://t.co/FCfjoPy64k

- Lisa Bender (@lisabendermpls) June 4, 2020

"Our commitment is to end our city's toxic relationship with the police department, to end policing as we know it," Bender said.

Part of the speakers' vision for a post-police world included redirecting the MPD budget toward youth programs, mental health services and addiction treatment.

Calling family, neighbors or social workers in times of crisis was also suggested.

"Police are not the right response for a myriad of issues: mental health crises, domestic violence calls, opioid overdoses," said Council Member Phillipe Cunningham.

Cunningham says revising the city budget later this month due to COVID-19 gives the council an opportunity to explore next steps. He also said they'll be "hitting 2021's budget very hard."

"We're not going to tomorrow all the sudden have nobody for you to call for help. There will be thoughtful and intentional work that's done, research engagement, learning that happens in a transition that will happen over time," Cunningham said.

Leaders with Black Visions Collective spoke about losing hope with the idea of reforming the police department.

"We have had citizen review boards, body cameras and a black chief but we are still here watching black people get murdered and tear gassed in our streets," Miski Noor said.

Kandace Montgomery, also with Black Visions Collective, said, "We have never looked to the police for our safety. We have looked to each other."

Cunningham said he didn't yet know who people would call in an emergency instead of 911.

A complete dismantlement of MPD could be difficult.

The city's charter requires the council to fund a police force proportionate to population, which comes out to about 723 officers based on recent estimates.

To amend the charter, it's likely the council would have to put the question to the people in a direct vote during the next election.

MPD and the Police Officers Federation didn't immediately return our requests for comment.

Mayor Jacob Frey gave a statement on today's rally:
"I'll work relentlessly with Chief Arradondo and alongside community toward deep, structural reform and addressing systemic racism in police culture. And we're ready to dig in and enact more community-led, public safety strategies on behalf of our city. But I do not support abolishing the Minneapolis Police Department."
RELATED: 'I'm Not For Abolishing The Entire Police Department': Mayor Frey Speaks Out At Mpls. Protest

On Friday, Minneapolis Mayor Jacob Frey signed a temporary restraining order (TRO) with the state of Minnesota, forcing immediate policing reforms for the Minneapolis Police Department in the wake of George Floyd's death.

Some of those changes include banning the use of chokeholds by police and requiring officers to report and intervene if excessive force is being used by another officer.

The Minneapolis City Council approved the TRO during an emergency meeting early Friday afternoon.
READ MORE: 'Layers Of Accountability': Mayor Jacob Frey Signs Temporary Restraining Order Forcing Immediate Reforms In Mpls. Police Dept.
The city's school district, the University of Minnesota and other agencies, organizations and businesses have severed ties with the department in the past 12 days since 46-year-old George Floyd died while being arrested by four now-former officers. All face criminal charges, and all are in custody.
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Minneapolis City Council Members Announce Intent To Defund, Dismantle MPD

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MINNEAPOLIS (WCCO) - On Sunday afternoon, hundreds of people rallied at Powderhorn Park to call for more changes to the Minneapolis Police Department. Nine out of thirteen Minneapolis City Council members stood up on the stage to announce their intent to disband the city's police department.

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Preguntas Frecuentes (Texto en español - Colectivo MPD150)

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TRADUCTOR RECOMENDADO

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VOLVER A PÁGINA PRINCIPAL