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.