Racial and Ethnic Disparities
From the introduction: “This brief offers context on the youth criminalization crisis in the United States. We then outline a series of harmful elements in the Bipartisan Safer Communities Act. Specifically, we review provisions that: • Increase funding for threat assessments, surveillance, and greater police presence in schools; • Expand data-sharing between law enforcement and…
From the introduction: “This report focuses on individuals who were under the age of 18 at the time the sexual offense occurred and who were adjudicated delinquent in the juvenile justice system or tried and convicted in adult criminal court. While significant research shows the ineffectiveness and harm of registration for individuals who were 18…
From the abstract: “Disabled people are disproportionately incarcerated and segregated from society through a variety of institutions. Still, the links between disability and incarceration are underexplored, limiting understanding of how carceral institutions punish and contribute to the social exclusion of disabled people. Using data from the 2016 Survey of Prison Inmates, we estimated disability prevalence…
From the introduction: “The COVID-19 pandemic has laid bare the dangers of the juvenile legal system; this should make it harder to look away from the societal inequities that are exacerbated by youth incarceration. Indeed, the current moment, including the unprecedented nationwide protests in response to the murders of George Floyd and Breonna Taylor in…
This report from The Sentencing Project discusses the state of diversion for youth in the juvenile legal system, existing disparities in diversion and why they are so severe, and strategies for expanding diversion. From the Summary: “Diverting youth from juvenile court involvement should be a central focus in efforts to reduce racial and ethnic disparities…
The Washington Supreme Court ruled the trial court was required to consider an accused person’s race and ethnicity in the totality of the circumstances when determining whether a person was “seized” in Washington state constitution’s prohibition against unlawful seizure. The court offered the following language in support: As noted above, the article I, section 7…
This article traces the history of racist gun laws and how they interact with the Second Amendment, highlighting the racially disproportionate impact of gun charges on Black and Latine communities. Relevant language from the article includes: “As the courts increasingly look to history and tradition to determine the scope of the right to keep and…
From the executive summary: “In considering what serves young people well, it is imperative that we address these systemic barriers and develop innovative strategies, leaving space for healing outside of and in tandem with the traditional mental health system. We must be expansive in our thinking about what supports and strengthens youth mental health –…
Creates a case for holding states liable for abdicating their duty to ensure that all children have zealous representation.
Youth probation is the most common form of punishment for youth in the United States criminal legal system, with nearly a quarter of a million youth currently under supervision. Yet the role youth probation conditions play in the incarceration of youth has not been the focus of legal scholarship. Youth probation is a court-imposed intervention…
From the abstract: “Roughly one in four juveniles arrested in the U.S. spend time in a detention center prior to their court date. To study the consequences of this practice for youth, we link the universe of individual public school records in Michigan to juvenile and adult criminal justice records. Using a combination of exact…
From the abstract: “Roughly one in four juveniles arrested in the U.S. spend time in a detention center prior to their court date. To study the consequences of this practice for youth, we link the universe of individual public school records in Michigan to juvenile and adult criminal justice records. Using a combination of exact…
From the introduction: “One of our goals in producing this report is to inform school administrators, board members, and parent and student stakeholders, giving details about which groups of students are disproportionately arrested and about the gaps that exist in data reporting. We also want to provide guidance on how to address these issues. We…
This executive summary of from the Giffords Law Center provides an overview of diversion programs for nonviolent gun possession focusing on the Pathways to New Beginnings program in Minneapolis. Additionally, the resource includes recidivism rates for people who participated in the program and offers recommendations to prosecutors and state legislators on these types of diversion…
From the abstract: “This Article considers an approach to pretrial reform focused on improving the quality of defense counsel. In Philadelphia, a substantial fraction of people facing criminal charges are detained following rapid preliminary hearings where initial release conditions are set by bail magistrates operating with limited information. Beginning in 2017, the Defender Association of…
This brief by the Black Attorneys of Legal Aid, Bronx Defenders, and Brooklyn Defenders was filed in support of petitioners in the Bruen case. The brief points to the racialized history of denying Black and Latine people lawful licenses to carry guns and outlines racial disparities in gun possession cases. Amici submit this brief “because we…
From the introduction: “In the 2020 survey, an overwhelming majority of judges and probation administrators responded that efforts to promote probation practice changes should be grounded in research and be data-driven. In addition, most indicated that support for probation transformation would grow if reforms helped to address the challenge of improving racial/ethnic equity. More specifically,…
From the abstract: “The term wrongful conviction typically refers to the conviction or adjudication of individuals who are factually innocent. Decades of research has rightfully focused on uncovering contributing factors of convictions of factually innocent people to inform policy and practice. However, in this paper we expand our conceptualization of wrongful conviction. Specifically, we propose…
