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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
    • 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
    • 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.

  • Justice Policy Institute 07
    • 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 (non-paywall)
    • 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