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Racial Disparities in Justice System

Apr 29, 2025

Civil and Criminal Justice: Racial and Ethnic Disparities in the Justice System

National Conference of State Legislatures (NCSL) Overview

  • Bipartisan organization serving lawmakers and staff across 50 states, commonwealths, and territories.
  • Provides research, technical assistance, and advocacy to improve state legislatures.

Introduction

  • Disproportionate involvement of people of color in the justice system.
  • Examination of data, strategies, and resources to address disparities.

Examining Data and Responses

Law Enforcement

  • Traffic Stops:

    • Persistent racial bias found in police stop and search decisions.
    • Study on 95 million stops showed Black drivers less likely to be stopped after sunset.
    • Legalization of cannabis reduced searches but racial disparities persisted.
  • Data Collection Laws:

    • 23 states and D.C. require data collection to monitor law enforcement stops.
    • Variation in data collection laws; some states require demographic data collection.
  • Bias Training:

    • 48 states and D.C. require bias reduction training for law enforcement.
    • Training specifics vary by state.

Disproportionality of Native Americans

  • Overrepresentation in justice systems, e.g., Pennington County, S.D.

Pretrial Release and Prosecution

Risk Assessments

  • Used in courts across many states with concerns about systemic bias.
  • Recommendations for balancing risk assessment and reducing disparities.

Pretrial Release

  • Notable racial and gender disparities in detention rates.
  • States enacting laws to consider defendants' ability to pay.

Prosecutorial Discretion

  • Power of prosecutors can lead to disparities.
  • Efforts like Prosecutorial Performance Indicators aim to measure and address disparities.

Incarceration

  • Significant disparities in jail and prison populations among Black and Latinx communities.

Youth in the Justice System

  • Youth of color disproportionately represented in juvenile justice.
  • Federal and state initiatives to address disparities.

Sentencing

  • Disparities in sentencing enhancements and federal drug sentencing.
  • Legislative actions to address these disparities.

Impact Statements and Legislative Task Forces

  • States require racial and ethnic impact statements for policy changes.
  • Legislative studies and task forces examine and recommend solutions for disparities.

Conclusion

  • State lawmakers are key to addressing racial and ethnic disparities.
  • Opportunities for making justice systems fairer and reducing disparities.

Contact Information

  • Tim Storey, CEO
    • Denver, CO and Washington, D.C. offices.
  • Amanda Essex, Program Principal
    • Criminal and Civil Justice Program
  • Michael Hartman, Policy Associate
    • Criminal and Civil Justice Program

Acknowledgements

  • Thanks to contributors such as Laurie Garduque and Meghan Guevara.
  • Supported by the MacArthur Foundation's Safety and Justice Challenge.