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2012
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Documentary Disenfranchisement
By Allen, Jessie.
University of Pittsburgh. School of Law (Pittsburgh, PA).
Documentary disenfranchisement is the “permanent enforcement of nominally temporary voting bans … accomplished through election officials’ demands for nonexistent eligibility documents from people with criminal convictions” (p. 391). Individuals working with ex-offenders that are under a temporary ban from voting should read this article to become acquainted with case law that may impact their clients. Sections of this article include: introduction; background—the standard picture of felony dise... Read More
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77 pages
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2012
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State-Level Estimates of Felon Disenfranchisement in the United States, 2010
By Uggen, Christopher; Shannon, Sarah; Manza, Jeff.
The Sentencing Project (Washington, DC).
“The United States is one of the world’s strictest nations when it comes to denying the right to vote to citizens convicted of crimes. A remarkable 5.85 million Americans are forbidden to vote because of “felon disenfranchisement,” or laws restricting voting rights for those convicted of felony-level crimes … [The authors’] goal is to provide statistics that will help contextualize and anticipate the potential effects of felon disenfranchisement on elections in November 2012” (p. 1). Sections of... Read More
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19 pages
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2011
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Racial Critiques of Mass Incarceration: Beyond the New Jim Crow
By Forman, James, Jr..
“This Article argues that despite these important contributions, the Jim Crow analogy leads to a distorted view of mass incarceration” (p. 1). Eight parts are contained in this publication: a brief history of the “New Jim Crow”; the value of the Jim Crow analogy; oversimplifies the beginnings of mass incarceration; obscuring black support for punitive crime policy; obscuring violence; obscuring class; obscuring race; and obscuring the harms associated with the old Jim Crow.... Read More
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63 pages
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2011
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Misplaced Priorities: Over Incarceration, Under Educate
National Association for the Advancement of Colored People (Baltimore, MD).
Anyone worried about the state of education in the United States needs to read this report. A “policy agenda that will financially prioritize investments in education over incarceration, provide equal protection under the law, eliminate sentencing policies responsible for over incarceration, and advance public safety strategies that effectively increase healthy development in communities” is laid out (p. 1). Six sections follow an executive summary: introduction; America’s prison system—unfair a... Read More
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62 pages
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2011
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Race, Crime, and Punishment: Breaking the Connection in America
By Lawrence, Keith O., editor.
Open Society-New York (New York, NY); Ford Foundation (New York, NY).
Aspen Institute (Washington, DC).
This is essential reading for anyone interested in the pervasive problems of sentencing disparity in the United States. The three major themes running through this book are: changing public perceptions of race, crime, and punishment; alternative visions, opportunities, and challenges for justice reformers; and moving toward a new deal for 21st Century criminal justice in the U.S. Chapters contained are: “The New Jim Crow: Mass Incarceration in the Age of Colorblindness” by Michelle Alexander; “S... Read More
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236 pages
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2011
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Addressing Racial Disparities in Incarceration
By Mauer, Marc.
The influence of disproportionate incarceration on public safety, the offenders themselves, and local communities is examined. Sections of this article include: overview of racial disparity In the criminal justice system—crime and arrest rates; racial disparity as a function of criminal justice decision making—law enforcement practices, prosecution, and sentencing; implications of racial disparity in incarceration; recommendations; and conclusion.... Read More
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15 pages
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2010
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Muhammad Shabazz Farrakan et al, Plaintiffs-Appellants v. Christine O. Gregoire et al, Defendants-Appellees; No. 06-35669
U.S. Court of Appeals (9th).
“Plaintiffs, minority citizens of Washington state who have lost their right to vote pursuant to the state’s felon disenfranchisement provision, filed this action in 1996 challenging that provision on the ground that, due to racial discrimination in the state’s criminal justice system, the automatic disenfranchisement of felons results in the denial of the right to vote on account of race, in violation of § 2 of the Voting Rights Act (“VRA”), 42 U.S.C. § 1973…We reverse and grant summary judgmen... Read More
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51 p.
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2010
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Two-Tiered Justice: Race, Class, and Crime Policy
By Mauer, Marc.
The negative influence of a segregated society on its criminal justice system, in particular incarceration, is explained. This chapter is divided into the following sections: the development of mass incarceration; segregation and the growing prison system; segregation and it contribution to unfair and ineffective crime control policies; segregation and the drug war; impact on communities; impact on political power and efficacy; and conclusion.... Read More
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15 p.
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2010
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Race and Justice Clearinghouse
The Sentencing Project (Washington, DC).
“Policymakers, practitioners, and advocates” will find “information, analysis, and commentary…crucial for understand[ing] racial disparities so they can be addressed, and make the criminal justice [and juvenile justice] system[s] more fair and effective.” You can search the database by keyword (s) or by using the advanced search—text only in a particular place (i.e., title, author, abstract), publication type, publications by the Sentencing Project, stages of the criminal justice system, additio... Read More
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2 p.
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2010
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Burns Institute State Map: Disproportionate Minority Contact (DMC) in the Juvenile Justice System
ammap.com (Vilnius, Lithuania); H. Haywood Burn Institute (San Francisco, CA).
Analysis of one state or comparisons of other states’ responses to disproportionate minority contact (DMC) in their juvenile justice systems is made available at this website.... Read More
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1 p.
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2010
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Captive Constituents: Prison-Based Gerrymandering & the Distortion of Our Democracy
NAACP Legal Defense and Educational Fund (LDF) (New York, NY).
This report explains how counting inmates as citizens of the area the facility resides for the census, gerrymandering, “artificially inflates the population count—and thus, the political influence—of the districts where prison and jails are located [while it also]…reduces the political power of everyone else” (p.2). Topics covered by this report include: prisoners are not constituents of the district where they are incarcerated; prisoners remain members of their home communities; gerrymandering ... Read More
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10 p.
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2010
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A Review of the Status of Disproportionate Minority Contact (DMC) Efforts in Iowa and Virginia
By Orchowsky, Stan; Poulin, Mary E.; Iwama, Janice.
Justice Research and Statistics Association (Washington, DC).
Those individuals working to reduce the disproportionate minority contact of juvenile offenders in their agencies will find the experiences of the states of Iowa and Virginia helpful. Sections following an executive summary include: background; assessment of state activities—identification and monitoring, assessment, intervention, evaluation, and other observations; conclusions and recommendations; and an analysis of Linn County Court Liaison and Johnson County Diversion Programs.... Read More
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83 pages
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2010
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The Racial Geography of the Federal Death Penalty
By Cohen, G. Ben; Smith, Robert J..
Anyone interested in issues related the death penalty should read this article. Sections following an abstract are: blacks are disproportionately impacted by federal death penalty prosecution, especially in counties demographically different from surrounding federal district; county-level juries, as opposed to juries drawn from the entire federal district, maintain the link between community values and the imposition of capital punishment; districts with the highest death sentencing rates tend t... Read More
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68 pages
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2010
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Risk as Proxy for Race
By Harcourt, Bernard E..
University of Chicago. Law School (Chicago, IL).
The author explains why “the use of risk-assessment tools to decrease prison populations, first, will unquestionably aggravate the already intolerable racial imbalance in our prison populations (at least in the United States) and second, will not address the real source of mass incarceration, namely the front-end admissions process” (p. 2). Sections of this paper include: cautionary tales on prediction; from race to risk and prior criminal history as a proxy for skin color—race as an early predi... Read More
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14 pages
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2010
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Separate But Unequal: The Federal Criminal Justice System in Indian Country
By Eid, Troy A.; Doyle, Carrie Covington.
The existence of the “separate but unequal” federal criminal justice system that violates the Equal Protection rights of Native Americans in Indian Country is discussed. These sections follow an abstract: the Major Crimes Act (MCA)—federal band-aid to the “Indian problem”; the dysfunctional architecture of criminal justice today—federal roles and responsibilities, harsher punishments for the same crimes, lack of federal judicial access, and the chronic federal resource gap; eliminating “separate... Read More
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51 pages
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2010
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Collateral Consequences of Criminal Convictions: Confronting Issues of Race and Dignity
By Pinard, Michael.
The impact of the loss of certain rights upon an individual’s release from incarceration is examined. “These consequences include ineligibility for public and government-assisted housing, public benefits, and various forms of employment, as well as civic exclusions such as ineligibility for jury services and disenfranchisement” (p. 459). This article is divided into the following parts: a comparative approach to collateral consequences; collateral consequences in the U.S. and the comparison coun... Read More
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78 pages
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2009
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Racial Equality Impact Assessment Toolkit
By Keleher, Terry.
Appled Research Center (ARC) (New York, NY).
“A Racial Equity Impact Assessment (REIA) is a systematic examination of how different racial and ethnic groups will likely be affected by a proposed action or decision.” This toolkit will introduce you to the issue of and process for developing a REIA. An overview discusses: what a REIA is; why REIAs are needed; when it should be conducted; and where they are in use. There is also a REIA Guide which provides sample questions that address the impact of proposed decisions on racial groups.... Read More
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2 pages
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2009
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Racial Impact Statements: Changing Policies to Address Disparities
By Mauer, Marc.
The need for and use of racial impact statements to reduce disproportionate rates of incarceration are explained. This article contains these sections: reports that offer hard numbers; scope of racial impact statements; preparation; policy implementation; the growing movement to address disparity; and conclusion. “Racial impact statements offer one means by which policy makers can begin to engage in a proactive assessment of how to address these challenging issues in a constructive way.”... Read More
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4 pages
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2009
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Reducing Disproportionate Minority Contact: Preparation at the Local Level
By Soler, Mark; Garry, Lisa M..
U.S. Dept. of Justice. Office of Juvenile Justice and Delinquency Prevention (Washington, DC).
This bulletin provides information that will useful for you if you are trying to create a strategy for reducing disproportionate minority contact (DMC) of youth in your local jurisdiction. It covers: the importance of preparation; talking about DMC; crime, race, and youth in the media; public attitudes about crime, race, and youth; taking public attitudes into account—suggestions for local DMC efforts; funding sources for local DMC efforts; the minimum core steps to prepare for DMC-reduction eff... Read More
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12 pages
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2009
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Racial and Ethnic Disparity and Disproportionality in Child Welfare and Juvenile Justice: A Compendium
Georgetown University. Public Policy Institute. Center for Juvenile Justice Reform (CJJR) (Washington, DC); University of Chicago. Chapin Hall Center for Children (Chicago, IL).
Documents are provided from the symposium “The Overrepresentation of Children of Color in America’s Juvenile Justice System and Child Welfare Systems.” “The symposium was designed to illuminate the work of juvenile justice and child welfare systems in this area – and the degree to which the systems’ efforts are or are not integrated – and to focus on the ways in which the federal, state, and local government might support both systems in achieving better outcomes for children and promote policie... Read More
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79 p.
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2009
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A Rising Share: Hispanics and Federal Crime
By Lopez, Mark Hugo; Light, Michael T..
Pew Charitable Trusts. Pew Hispanic Center (Washington, DC).
"This report examines the ethnic, racial and citizenship status of sentenced offenders in federal courts" (p. ii). Sections of this report following an executive summary include: changing demographics of sentenced federal offenders; offense convictions in federal courts in 2007; sentences issued to offenders in federal courts; classification of federal offenses; and classification of sentences imposed. A few of the findings from this report are: Hispanics are the largest group of federal offen... Read More
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17 p.
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2009
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Decades of Disparity: Drug Arrests and Race in the United States
By Fellner, Jamie.
Human Rights Watch (New York, NY).
The overrepresentation of minorities in the criminal justice system due to the "war on drugs" in the U.S. is established. This report contains these sections: overview; methodology; drug arrests for the U.S. overall from 1980-2007; drug arrests by state for 2006; possession versus sales; and conclusion. More than 80% of arrests were for drug possession, not sales. "Since blacks are more likely to be arrested than whites on drug charges, they are more likely to acquire the convictions that ultim... Read More
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18 p.
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2009
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Created Equal: Racial and Ethnic Disparities in the US. Criminal Justice System
By Hartney, Christopher; Vuong, Linh.
Open Society Institute-New York (New York, NY); The Impact Fund (Berkeley, CA).
National Council on Crime and Delinquency (NCCD) (Oakland, CA).
The prevalence of disproportionate minority contact (DMC) in the U.S. is assessed. Sections comprising this report are: introduction; methodology; arrests; court processing -- pretrial decisions, convictions, and sentencing; new admissions to prison; incarceration in prisons (federal or state) and local jails; probation and parole; death penalty; total control; recidivism; juveniles; and conclusion.... Read More
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40 p.
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2009
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Rethinking Drug Courts: Restorative Justice as a Response to Racial Injustice
By O'Hear, Michael M..
Marquette University Law School (Milwaukee, WI).
Serious problems with the use of drug courts and the use of restorative justice to fix them are recounted. This report has these sections: introduction; racial disparities in the war on drugs -- magnitude and nature of the problem; why drug treatment courts are not a solution to the problems associated with racial disparities; a better answer -- reimagining drug courts in restorative justice terms; and conclusion.... Read More
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37 p.
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2009
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The Changing Racial Dynamics of the War on Drugs
By Mauer, Marc.
The Sentencing Project (Washington, DC).
Factors behind the changes in drug offense convictions from 1999 to 2005, a 21.6% decrease for African-Americans and a 42.6% increase for whites, are investigated. Sections of this report are: overview; changing racial dynamics of incarceration for drug offenses; assessing the declining black population of drug offenses; factors contributing to the decline in African-American drug offense incarceration; the rising white proportion of drug offense prison terms; and conclusion.... Read More
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20 p.
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2009
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Herald of Change: New Jersey's Repeal of the Death Penalty
By Conk, George W..
Fordham University. School of Law (New York, NY).
The abolishment of the death penalty in New Jersey is described. This paper is divided into seven parts: introduction; treating like cases alike -- proportionality review; reflections on proportionality review; courts, legislators, and the citizenry; constitutional impossibility; repeal; and conclusion -- why New Jersey -- the bellweather state.... Read More
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47 p.
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2009
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Minority Youth in the Juvenile Justice System: Disproportionate Minority Contact
By Armour, Jeff; Hammond, Sarah.
John D. and Catherine T. MacArthur Foundation (Chicago, IL); National Conference of State Legislatures (Denver, CO).
National Conference of State Legislatures. Criminal Justice Program (Denver, CO).
Issues related to the disproportionate representation of minorities in juvenile justice systems are addressed. This brief contains the following sections: introduction; explanations for disproportionate minority contact -- jurisdiction, law enforcement, punitive juvenile laws, and racial bias; issues and approaches for the federal level, Models for Change, Juvenile Detention Alternatives Initiative (JDAI), Burns Institute, and recent activity; strategies to reduce disproportionate minority cont... Read More
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11 p.
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2009
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The 2008/2009 Study of Probation and Parole Revocation
By Van Stelle, Kit; Goodrich, Janae.
University of Wisconsin-Madison. Population Health Institute (Madison, WI).
Issues surrounding the revocation of probation or parole in Wisconsin are investigated. Sections contained in this report are: best practices review (overview); aggregate analysis of historical revocation data; case-level abstraction of random sample of 200 cases; racial disparities analysis; summary of major study findings; recommendations for action; next steps; and supporting materials. "About one-fifth (17%) of all offenders were later convicted and sentenced for a new offense committed dur... Read More
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220 p.
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2009
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Collecting and Analyzing Data on Racial and Ethnic Disparities: The Peoria Pilot Project
By Bell, James; Ridolfi, Laura John; Brown, Lori.
John D. and Catherine T. MacArthur Foundation (Chicago, IL).
Models for Change (Washington, DC)
W. Haywood Burns Institute (San Francisco, CA).
The ability of the Peoria County Disproportionate Minority Contact (DMC) Project to utilize a "data template that enables local jurisdictions to strategically gather data to reduce racial and ethnic disparities in their juvenile justice systems" is examined (p. 3). This report is divided into five parts: overview; background of the pilot site; data collection and analysis capacity; data collection and analysis of template elements -- annual trend data for total court-age population and quarterl... Read More
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17 p.
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2009
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No Exit: The Expanding Use of Life Sentences in America
By Nellis, Ashley; King, Ryan S..
The Sentencing Project (Washington, DC).
"This report challenges the supposition that all life sentences are necessary to keep the public safe, compared to a term of fewer years" (p. 3). Sections contained in this report are: introduction; growth in life sentences; individuals serving life sentences for crimes committed as juveniles; policies and practices that drive life sentences; the consequences of life sentences on society; and recommendations for reform.... Read More
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45 p.
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2009
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Post-Racial Racism: Crime Control and Racial Stratification in the Age of Obama
By Lopez, Ian F. Haney.
"This Essay uses the tremendous racial disparities in the American crime control systems to assess race and racism as key features of contemporary society [and] . . . [argues] for a renewed focus on racism, in particular on 'post-racial racism'" (p. 1). This essay is comprised of four sections: introduction; the racial politics of mass incarceration; toward a theory of racial stratification -- exploitation and exclusion; mechanisms of racial stratification and construction; and conclusion -- wh... Read More
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63 p.
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2009
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Race, Death and Disproportionality
By Howe, Scott W..
The author's intent is "to explain why statistical studies concerning race bias in capital selection have limitations as proof but also strong suggestive power that some death sentences amount to 'cruel and unusual punishments'" (p. 1). Sections of this paper include: the deserts limitation in the Eighth Amendment -- the government can only impose a death sentence on the person who deserves it; the capital selection process and the deserts limitation; the statistical studies of racial influence... Read More
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25 p.
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2009
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Disproportionate Minority Contact Technical Assistance Manual
U.S. Dept. of Justice. Office of Juvenile Justice and Delinquency Prevention (Washington, DC).
This manual “provide[s] the field with up-to-date guidance on continuing DMC [disproportionate minority contact] reduction efforts across the country” (p. Intro-4). Eight chapters comprise this publication: identification and monitoring; assessment; preparation at the local level; intervention; evaluation; federal, state, and local partnerships to reduce DMC; strategies for serving Hispanic youth; and the role of state DMC coordinators.... Read More
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389 p.
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2009
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Racial Disparities in the Criminal Justice System: Prepared for the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security
By Mauer, Marc.
The Sentencing Project (Washington, DC).
This testimony addresses the “profound impact of disproportionate rates of incarceration in communities of color” (p. 1). Topics covered include: causes of racial disparity—disproportionate crime rates, disparities in criminal justice processing, overlap of race and class effects, and impact of “race neutral” policies; and policies and practices to reduce racial and ethnic disparities—adopt racial impact statements to project unanticipated consequences of criminal justice policies, assess the ra... Read More
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8 p.
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2009
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The Keeper and the Kept: Reflections on Local Obstacles to Disparities Reduction in Juvenile Justice Systems and a Path to Change
By Bell, James; Ridolfi, Laura John; Lacey, Clinton; Finley, Michael.
W. Haywood Burns Institute (BI) (San Francisco, CA).
Problems with reducing disproportionate minority confinement (DMC) in local juvenile justice systems are described along with strategies for addressing minority and ethnic disparities. Topics discussed include: piercing the facade of intractability—a systemic lack of accountability; the long journey to equity—negotiating race and ethnicity and the myth of detention as “service”; and an intentional approach of 13 key elements for reducing disparities.... Read More
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29 p.
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