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source-library/race/cjs_discrimination.md
2020-05-28 15:42:47 -04:00

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## Criminal Justice System Discrimination
#### POC are imprisoned longer and subject to minimum sentencing laws far more than white people: data indicates judge biases and institutional causes.
* [U.S. Sentencing Commission 17](https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20171114_Demographics.pdf)
* Black men who commit **the same crimes** as white men receive federal prison sentences that are, on average, **nearly 20 percent longer**
* The black/white sentencing disparities are being driven in large part by “non-government sponsored departures and variances”
* This means that sentencing choices are **made by judges at their own discretion**.
* [University of Michigan Law School: Starr and Rehavi 14](https://repository.law.umich.edu/cgi/viewcontent.cgi?referer=https://www.washingtonpost.com/news/wonk/wp/2017/11/16/black-men-sentenced-to-more-time-for-committing-the-exact-same-crime-as-a-white-person-study-finds/?noredirect=on&utm_term=.2e26662cc5f3&httpsredir=1&article=2413&context=articles)
* All other factors being equal, black offenders were **75 percent more likely** to face a charge carrying a **mandatory minimum sentence** than a white offender who committed the **same crime**.
![](https://github.com/NB419/source-library/blob/master/images/CJS%201.png?raw=true)
* [Justice Policy Institute 07](http://www.justicepolicy.org/uploads/justicepolicy/documents/vortex.pdf)
* Whites and African Americans report **using and selling drugs at similar rates**, but African Americans go to prison for drug offenses at **higher rates** than whites
* In 2002, African Americans were admitted to prison for drug offenses at **10 times the rate of whites** in the largest population counties in the country.
* [Mitchell 05](https://link.springer.com/article/10.1007/s10940-005-7362-7) ([non-paywall](https://scihub.wikicn.top/https://link.springer.com/article/10.1007/s10940-005-7362-7))
* **Meta-analysis of 71 studies**
* “_Analyses indicate that **African-Americans generally are sentenced more harshly than whites**; the magnitude of this race effect is statistically significant but small and highly variable_”
* High variability is explained by differences in methodology between studies