The Sentencing Project News
December 4, 2014 (The Sentencing Project)
On Eric Garner’s Death and the Need to Re-Envision Policing
Eric Garner’s tragic death at the hands of a New York City police officer and a grand jury’s decision to not indict have heightened concerns about police practices and accountability. Coming in the wake of a police officer’s fatal shooting of Michael Brown in Ferguson, Missouri and subsequent non-indictment, Americans are outraged and demanding change. “Black lives matter” has become the rallying cry of activists and is being echoed by political leaders including New York City Mayor Bill de Blasio. De Blasio has noted: “It’s a phrase that should never have to be said, it should be self-evident, but our history requires us to say that black lives matter.”
Black and white Americans experience different police practices. They encounter police at different rates and for different reasons, and they are treated differently during those encounters. Racially biased use of discretion – either intentional or unintentional – is one cause of the disproportionate police contact that is not explained by differences in crime rates. Another cause is policies, such as “stop and frisk” and “broken windows policing,” that place people of color under greater scrutiny with the rationale of circumventing serious crimes. Officer Darren Wilson stopped Brown for jaywalking. Officer Daniel Pantaleo and his colleagues approached Garner for selling untaxed cigarettes.
There is limited evidence to support the efficacy of targeting such petty crimes, while there is great cause for concern about the impact. Excessive police encounters erode trust and cooperation with the police, contribute to the over-representation of people of color in prisons and jails, and lead to the disproportionate rate of fatal police encounters among unarmed African American men. We must work to correct all of these problems.
Recommended reading: "Broken Windows Policing Doesn't Work," on Slate.
December 3, 2014
Race and Justice News
Policing: African Americans Experience Disproportionate Police Contact Across U.S.
Marijuana Reforms: Will Decriminialization and Legalization End Racially Disparate Enforcement?
State Punitiveness: Black Population Size Predicts State Punitiveness
Legislative Reforms: Crack Sentencing and the Felony Drug Ban on Welfare Benefits
December 3, 2014 (The Sentencing Project)
Center for American Progress Report on Eliminating Barriers to Reentry
This week, the Center for American Progress released an important new report analyzing barriers to economic security and mobility for people with criminal records and making recommendations for reform. The Sentencing Project's Marc Mauer appeared at an event highlighting the release of the report and joined a panel conversation to discuss these issues.
December 1, 2014
Iowa: ACLU files lawsuit challenging voting laws
Florida: Advocates take action to restore voting rights on 2016 ballot
National: "The Racist Origins of Felon Disenfranchisement"
November 25, 2014 (The Sentencing Project)
The Sentencing Project on the Tragedy in Ferguson
The tragic death of Michael Brown and the subsequent developments in Ferguson are cause for great concern. The outpouring of emotion following the decision of the grand jury to not issue an indictment is a strong statement of the degree to which the circumstances surrounding this death have touched people and resonated with profound feelings about race and the justice system.
We have been here before. The recent cases of Trayvon Martin and Jordan Davis, as well as Rodney King and the Jena 6, have animated ongoing conversations about race and justice. In many ways these dialogues are constructive, but we must do more than engage in rhetoric on a case-by-case basis.
Perceptions of unfairness in the justice system undermine confidence in the system in communities of color, which in turns harms approaches to public safety. Interventions can be adopted to address structural problems that plague the nation’s criminal justice system. In recent years there has been modest progress: documentation of racial profiling has resulted in changes in policy and practice in many jurisdictions; sentencing reforms at the state and federal level have scaled back excessive penalties applied disproportionately to people of color; and in both the adult and juvenile justice systems, the number of incarcerated African Americans has declined modestly in recent years.
Even so, we still are faced with a society and a criminal justice system in which one of every three African American men, and one of every six Hispanic men, can expect to go to prison in his lifetime if current trends continue. Dispelling the illusion that the American justice system is colorblind is a crucial step in addressing racial disparities. A shameful truth is that too often, there is a different criminal justice system for whites and blacks, and for the wealthy and the poor. These circumstances are unconscionable and can only be addressed through continuing and comprehensive change.
At The Sentencing Project, we are proud to be among organizations and individuals working towards reform and racial justice. The recent events remind us of the importance of engaging in these struggles. We welcome your active collaboration with us in the weeks and months ahead.
November 20, 2014 (The Sentencing Project)
New Resource for Information and Commentary on Collateral Consequences
The Collateral Consequences Resource Center has launched a new website to raise awareness and promote discussion on the laws and policies that create barriers to reentry. The site will provide news and commentary about developments in courts and legislatures, practice and advocacy resources, and advice about how to restore rights and status in various jurisdictions. The Center aims to reach a broad audience of lawyers and other criminal justice practitioners, scholars and researchers, policymakers and legislators, as well as those most directly affected by the consequences of conviction.
November 19, 2014
State Advocacy Update: 2014 Midterm Analysis and More
2014 Midterm Analysis
Helpful Campaign Strategies
Reducing Prison Population
November 17, 2014 (The Sentencing Project)
New Publication: Incorporating Racial Equity into Criminal Justice Reform
There are few areas of American society where racial disparities are as profound and as troubling as in the criminal justice system. Our newest report, Incorporating Racial Equity into Criminal Justice Reform, provides an overview of racial disparities in the criminal justice system and a framework for developing and implementing remedies for these disparities.
November 14, 2014 (The Daily Journal)
Support grows to end excessive punishment
The success of California’s Proposition 47 — the ballot initiative that reduces penalties for drug possession and certain property crimes — may mark a new day for criminal justice reform. With a 58 percent victory margin, voters rejected some of the excesses of the “tough on crime” era. Prop. 47 signaled, according to the editorial board of the Los Angeles Times, that voters are no longer “in the same fearful, punishing mood as when they passed three-strikes and other harsh initiatives.” But as encouraging as this reform is, California must take even bolder steps to tackle its high rate of incarceration.
Prop. 47’s key provision established higher monetary thresholds at which five property crimes become “wobblers” — offenses that prosecutors can charge as either felonies or misdemeanors. At values below $950, theft, shoplifting, receiving stolen property, and forging or writing bad checks will now be charged as misdemeanors for most people. In addition, possession of illegal drugs for personal use has also been reclassified to a misdemeanor.
Author: Nazgol Ghandnoosh, Ph.D.
November 7, 2014 (The Sentencing Project)
Hot Off the Presses: The Sentencing Project's 2014 Newsletter
Our 2014 Newsletter is out! Read it to find out what we’ve been up to in the last year, including:
…and much more!