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The Crime in Criminal Justice

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The Crime in Criminal Justice Lawyering for Social Change 100 Year Rule What was legal but unjust 100 years ago? Women won right to vote in 1920 Child labor was ... – PowerPoint PPT presentation

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Title: The Crime in Criminal Justice


1
The Crime in Criminal Justice
  • Lawyering for Social Change

2
100 Year Rule
3
What was legal but unjust 100 years ago?
4
Women won right to vote in 1920
5
Child labor was outlawed in 1938 with Fair Labor
Standards Act
6
1935 Right of Workers to Organize Protected by
Wagner Act
7
1948 Universal Declaration of Human Rights
8
Segregation legal in US until 1960s
9
Voting Rights Act 1965
10
1965 Medicare and Medicaid
11
1970 Clean Air Act
12
1990 Americans with Disabilities Act
13
Analyze Criminal Justice System
14
Key Question Are these facts mistakes of an
otherwise good system or Is the system working
exactly as intended?
15
Last Several Decades Explosion in Criminal
Justice System
16
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17
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18
One in every 31 adults (more than 7 million
people) were behind bars on probation or on
parole. Pew Center on States
19
In Pennsylvania 1 in 28 adults is
under correctional control. PA ranks 13th in
adults in probation and parole 258,000 PA
ranks 31st in adults in prison and jails
87,000 pew
20
U.S. Criminal Justice in International Context
21
(No Transcript)
22
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23
What is going on?
24
Violent crime going up?
25
Gun crimes from 1973-2006 USDOJ key facts
26
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27
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28
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29
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30
Is this race neutral crime?
31
(No Transcript)
32
Process for Putting People into Criminal
Justice System
33
Review the system Use of Drugs Police
Stops Arrest Bail Bond Representation Trial Senten
cing Prison Parole Freedom
34
Drug Use
35
blacks and whites engage in drug
offenses-possession and sales- at roughly
comparable rates May 2008 Targetting Blacks
Drug Law Enforcement and Race in the US - HRW
36
Police Stops
37
Driving while black? California ACLU found blacks
three times more likely to be stopped than
whites. Ian ayres, aclu s cal LA stops july
2003-june 2004
38
DOJ reports similar percentages stopped. But
percentage of drivers stopped whose vehicles
were searched Hispanic 10 Black 7 White 1
2005 April US DOJ Bureau of Justice statistics
report
39
From 2005 to 2008, 80 of NYPD Stop and Frisk
actions were of Blacks and Latinos (who make up
53 of population). Once stopped 85 of Blacks
and Latinos were frisked compared to 8 of
whites.
40
Results of Stop Frisk?
41
Arrest
42
State-by-state data from 2006 show that blacks
were arrested for drug offenses at rates in
individual states that were 2 to 11.3 times
greater than the rate for whites March 2,
2009 Decades of Disparity HRW
43
African Americans comprise 13 of population and
14 of monthly drug users but 37 of persons
arrested for drug offenses. May 21 2009
testimony before Congress of Marc Mauer The
Sentencing Project
44
(No Transcript)
45
So blacks, who use drugs at same rate as whites,
are arrested 200 to 1110 more.
46
Result?
47
Bail Bond
48
Blacks are 33 more likely to be detained
awaiting felony trials than whites facing felony
trials in some parts of NY state.NYState division
of criminal justice services, 1995 study in
disparities in processing felony arrests.
49
Representation
50
Once arrested, 80 get
51
(No Transcript)
52
All too often, defendants plead guilty, even if
they are innocent, without really understanding
their legal rights or what is occurring The
fundamental right to a lawyer that America
assumes applies to everyone accused of criminal
conduct effectively does not exist in practice
for countless people across the United States.
53
American Bar Association 2004 Gideons Broken
Promise
54
Trial
55
Only 3-5 of criminal cases go to trial rest
are plea bargained.
56
Who wouldnt rather do three years for a crime
they didnt do than risk 25 years for a crime
they didnt do?
57
(No Transcript)
58
Sentencing? Since 2005 (US v Booker) Black and
Latino men receive federal sentences 10-23
longer than whites. Report - March 2010
59
African Americans are 21 more likely to
receive mandatory minimum than white defendants
and 20 more likely to be sentenced to prison
than white drug defendants. May 21, 2009
testimony to congress of Marc Maurer on
unfairness of federal cocaine senetencing.
60
Two-thirds of crack cocaine users are white or
Latino. But 80 of the people sentenced for
crack cocaine in US federal system are African
American.may 21, 2009 testimony of Mar Maurer to
Congress on unfairness of federal cocaine
sentencing. Sentencing project.
61
? 100-1 Disparity between sentencing for crack
cocaine and powder cocaine reduced to 18-1
ratio. March 2010. ?
62
Two-thirds of people in US with life sentences
are non-white. In NY, it is 83.sentencing
project july 2009 no exit
63
Result?
64
Prison
65
African Americans comprise 13 of population and
14 of monthly drug users but 37 of persons
arrested for drug offenses, and 56 of people in
state prisons for drug offenses. May 21 2009
testimony before Congress of Marc Mauer The
Sentencing Project
66
(No Transcript)
67
Two-thirds of people in state prisons for drug
offenses are African American or Latino. 2009
April Sentencing Project changing racial
dynamics of the war on drugs
68
Mental illness is 200 to 600 higher among
prisoners than outside.National reentry resource
center facts
69
Chance of Black male born in 2001 of going to
prison 32 Hispanic male has a 17 white
male has 6 chance.bonczar, T.P. (2003) Bureua of
Justice Statistics, Prevalence of Imprisonment in
US population 1974-2001.
70
Impact of Mass Incarceration
71
(No Transcript)
72
Exempted from the prohibition on slavery,
prisoners are on way to being non-human objects
73
Rights of Prisoners?
74
?Private for profit prisons?
75
?Impact of increased costs for Incarceration?
76
Parole
77
5,095,200 people were on Probation or Parole in
2008. 38 African American 19 Hispanic 41
white. Glaze and Bonczar Probation and Parole
in the US 2008, US DOJ, BJS, 12-09
78
Nearly one in three young black males is under
correctional supervision. 2009 Criminal justice
primer Sentencing Project
79
(No Transcript)
80
YOUTH Black youth are 16 of population, 28 of
juvenile arrests, 37 of youth in juv jail, and
58 of youth sent to adult prisons.Sentencing
project, criminal justice primer 2009
81
The US Department of Justice reported that in
2008 7.3 million people were under correctional
supervision jail or prison, parole or probation.
http//bjs.ojp.usdoj.gov/content/pub/pdf/ppus08.pd
f
82
African Americans are nearly three times as
likely to get their probation revoked as whites,
especially for drug offenses. http//www.wi-doc.c
om/PDF_Files/Revocation20Study_Exec202-Pg20-20
FINAL.pdf
83
Freedom
84
Even after release, Prisoners never regain full
human and civil rights
85
Ex-offender employment? Among applicants with
criminal records, employers called back 17 of
white applicants and 5 of black applicants.
Devah Pager Study 2002
86
Consequences for Drug Felons
  • No public housing
  • OK to discriminate against in private housing
  • OK to yank right to vote
  • OK to discriminate in employment
  • No food stamp assistance
  • No jury service
  • Prohibitions on associating with others

87
?IMPACT ON DRUG USE? More than two decades of
incarcerating drug offenders has apparently had
little impact on the demand for illicit drugs. In
surveys carried out during the years 1991-1993,
an average of 5.8 percent of persons surveyed
reported using an illicit drug during the
previous month. In the same survey carried out in
2006, 8.3 percent of persons said they had used
an illicit drug in the previous month. HRW
Targetting Blacks 2008
88
What will people think 100 years from now about
our criminal justice system?
89
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90
Analysis of System
91
Key Question Are these facts mistakes of an
otherwise good system or Is the system working
exactly as intended?
92
(No Transcript)
93
1700s - Birth of Slavery 1863 - Death of
Slavery 1877 - Birth of Jim Crow withdrawl of
federal troops 1950s-60s - Death of Jim
Crow 1980s - Birth of Mass Incarceration
94
From 1981 to 1991 War on Drugs FBI Antidrug
increased from 38 m to 181 m DOD Antidrug
increased from 33m to 1042m DEA anti-drug
spending increased from 86m to 1026m source p
49 The New Jim Crow
95
Criminal Justice is Racialized System of
Social Control
96
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97
Stigma of criminality functions in much the same
way as Jim Crow
  • Legal boundaries between them and us
  • Social and economic boundaries between them and
    us
  • Cannot vote
  • Can legally discriminate in jobs and housing
  • Warehouse a disposable population

98
Poor whites and people of other ethnicity are
also subjected to this system of social control
because if they are out of line they are
treated just like poor blacks the worst
possible treatment
99
(No Transcript)
100
Criminal Justice System is Integral Part of the
Domestic War on Marginalized
101
Because of globalization there is an excess of
people. Those people are not productive, not
needed, not wanted, and are not human beings
entitled to the same rights as us. Essentially,
the must be controlled and dominated. They must
be either intimidated into compliance with their
inferior status or removed.
102
Criminal Justice System is Part of the White
Supremacist Domestic War on Marginalized
103
Domestic War relies on Technology of Domination
(Criminal Justice System) for Capture Immobiliza
tion Punishment Liquidation
104
Criminal Justice System is working just fine
doing its part in the Domestic Racist State
Violence or War at Home
105
Thus Abu Ghraib, Guantanamo, US jails
prisons are all the same domestic
international versions of domination
106
So, what to do?
107
Adopt a 100 year perspective on law and justice
108
(No Transcript)
109
A radical approach to injustice means to go to
the root of the problem not trimming the
leaves not pruning the branches but ripping up by
the roots the injustice.
110
First, open our hearts and liberate our minds
111
We are all entitled to be safe but is that what
this criminal justice system is? Find and
support alternatives.
112
(No Transcript)
113
(No Transcript)
114
Nothing short of a major social movement can
dismantle this new caste system.
115
(No Transcript)
116
What about President Obama?
117
If the system is broken perhaps the
administration can help fix small parts of
it. But is there evidence that this
administration intends to reverse the explosion
of the criminal justice system?
118
Join the Movement
119
(No Transcript)
120
(No Transcript)
121
Restorative Justice
122
(No Transcript)
123
Study Prisons in Criminal Law?
124
Support Prisoner Organizing and Resistance
125
Resist in Place Prosecutors, Defenders, Judges
126
(No Transcript)
127
(No Transcript)
128
If there is no struggle, there is no progress.
129
Seek Out Hope Joy Love
130
Wherever you find tragedy and injustice You will
also find resistance and inspiration
131
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132
Liberation is up to us.
133
bquigley_at_ccrjustice.org
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