Research Shows Persistent Racial Disparities in Criminal Justice System
Feature Story by civilrights.org staff - 2/6/2004
Although the nation's criminal justice system calls for fairness, racial disparities within the system continue to be prevalent, according to presenters at the roundtable discussion, "A Matter of Justice: The Latino Community and the Criminal Justice System." Hosted by the Congressional Hispanic Caucus Institute Inc., the forum focused on Latinos and the justice system, but discussed other minority groups as well.Julie Fernandes, senior policy analyst and special counsel for the Leadership Conference on Civil Rights, discussed racial profiling and sentencing disparities -- topics that set the stage for discussion on disproportionate minority confinement (DMC). Fernandes highlighted numerous areas within the criminal justice system where disparities are prevalent, particularly racial profiling, prosecuting discretion, and sentencing.
Racial profiling, the use of race and ethnicity as a factor of criminality, or the use of racial characteristics as a reason for arrest or criminality, is one of the most common forms of disparities for minorities in the justice system, Fernandes said. She recounted conversations with members of law enforcement who spoke of a "third eye," which law enforcement officials say is a sixth sense in determining if a person looks "suspicious." Fernandes explained that this type of "blind" law enforcement is what perpetuates racial profiling, particularly when the "third eye" is used to alert officers of a person because of skin color.
Disparities also occur during the sentencing process, Fernandes said. She described the "three strikes" laws that many states are beginning to adopt. The "three strikes" laws are particularly harsh for minorities, because no matter what the severity of the offense, offenders are either placed in jail indefinitely or sometimes deported if they are immigrants. This leads to overcrowding within the system, and numerous cases in which the crime does not fit the punishment, she said.
"Disparities are real, and they are corrosive to minority relationships with cops," Fernandes said.
Angela Arboleda, civil rights policy analyst for the National Council of La Raza, presented facts and figures in order to break down racial disparities in the criminal justice system. Arboleda explained that of the six million people in the criminal justice system, two million are behind bars. Seventy percent of those 2 million are minorities, she said. Of that 70 percent, one in three are Latino men, who research indicates, are four times as likely to be sentenced to prison than white criminals. They are less likely to be released before trial, and also receive sentences that are generally 14 months longer than sentences for whites who convicted of the same crimes.
A high number of minorities live in urban centers, where there is a lack of good education, funding for after-school programs, and substantial jobs, all of which contribute to the high proportion of minorities behind bars, Arboloda said.
Especially since Sept. 11, 2001, racial profiling persists, Arboleda said. Under heightened suspicions for criminality and guilt, minority communities find themselves under close scrutiny. Latinos are stopped for minor traffic violations only to have law enforcement officers demand their immigration papers and search their automobile, she said. Because of this scrutiny, even for small, aggravated felonies, the threat of deportation is an ever-looming concern.
Coupled with the heightened scrutiny is a new bill, titled the Clear Act, which would allow law enforcement officials to conduct civil immigration law as part of any investigation. A backlash of this, according to Arboleda, is that individual states are already beginning to adopt and create their own laws that mimic items outlined in the Clear Act.
Marc Schindler, policy analyst and general counsel for Building Blocks for Youth, outlined the findings of a recent report, "¿Donde Esta la Justicia?," which showed that Latino youth within the criminal justice system are being singled out more frequently. For instance, the report found that Latino youth are transferred from juvenile court to adult court at a faster rate then white youth. It also found that within the criminal justice system there is a lack of knowledge about different cultures and languages, which in the long run can create stereotypes.
Schindler said that Building Blocks for Youth believes that with more community involvement and a greater understanding of cultures outside of the United States, outcomes for minority youth, specifically Latinos, will only get better.
