the crime in criminal justice: lawyering for social change
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The Crime in Criminal Justice
Lawyering for Social Change
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100 Year Rule
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What was legalbut unjust
100 years ago?
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Women won
right to votein 1920
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Child labor was outlawed in 1938with Fair Labor Standards Act
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1935 Right of Workers to OrganizeProtected by Wagner Act
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1948 Universal Declaration ofHuman Rights
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Segregation legal in US until 1960s
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Voting Rights
Act1965
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1965 Medicare and Medicaid
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1970 Clean Air Act
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1990Americans with Disabilities Act
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Analyze
Criminal Justice
System
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Key Question:
Are these facts mistakes of anotherwise good system
orIs the system workingexactly as intended?
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Last Several DecadesExplosion in
Criminal Justice System
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One in every 31 adults
(more than 7 million people)were behind bars
on probationor on parole.
Pew Center onStates
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In Pennsylvania1 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 87,000pew
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U.S. Criminal Justice inInternational Context
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What is going on?
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Violent crime going up?
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Gun crimes from 1973-2006 USDOJ key facts
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Is this race neutral crime?
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Process forPutting People
intoCriminal Justice System
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Review the system:Use of Drugs
Police StopsArrest
Bail Bond
RepresentationTrial
Sentencing
PrisonParole
Freedom
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Drug Use
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blacks and
whites engagein drugoffenses-
possession andsales-
at roughlycomparablerates
May 2008 Targetting Blacks: Drug Law Enforcement and Race in the US - HRW
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Police Stops
Driving while black?
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Driving while black?California ACLU found blacks three
times more likely to be stopped thanwhites. Ian ayres, aclu s cal LA stops july 2003-june 2004
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DOJ reports similar percentages
stopped. But percentage of driversstopped whose vehicles
were searched:
Hispanic 10%; Black 7%; White 1%2005 April US DOJ Bureau of Justice statistics report
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From 2005 to 2008, 80% of NYPD
Stop and Frisk actionswere of Blacks and Latinos
(who make up 53% of population).
Once stopped85% of Blacks and Latinos were
frisked compared to 8% of whites.
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Results of Stop & Frisk?
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Arrest
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State-by-state data
from 2006 show thatblacks were arrestedfor drug offenses at
rates in individualstates that were2 to 11.3 times
greater than
the rate for whitesMarch 2, 2009 Decades of Disparity HRW
Af i A i i
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African Americans comprise13% of population and
14% of monthly drug users but37% of persons arrested for drug
offenses.May 21 2009 testimony before Congress of Marc Mauer The Sentencing Project
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S bl k h d t
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So blacks, who use drugs at samerate as whites, are arrested
200% to 1110% more.
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Result?
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Bail Bond
Blacks are 33% more likely to be
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Blacks are 33% more likely to bedetained awaiting felony trials than
whites facing felony trials in someparts of NY state.NYState division of
criminal justice services, 1995 study in disparities in processing felony arrests.
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Representation
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Once arrested, 80% get
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All too often, defendants plead guilty,
even if they are innocent, without reallyunderstanding their legal rights or whatis occurring
The fundamental right to a lawyer thatAmerica assumes applies to everyoneaccused of criminal conduct
effectively does not exist in practicefor countless peopleacross the United States.
A i B A i ti 2004
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American Bar Association 2004Gideons Broken Promise
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Trial
O l 3 5% f i i l t
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Only 3-5% of criminal cases go totrial rest are plea bargained.
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Who wouldnt rather do three
years for a crime they didnt dothan risk 25 years for a crime
they didnt do?
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S t i ?
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Sentencing?
Since 2005(US v Booker)
Black and Latinomen receive
federal sentences
10-23% longerthan whites.
Report - March 2010
African Americans are:
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African Americans are:21% more likely to receive mandatory
minimum than white defendants; and20% more likely to be sentenced to
prison than white drug defendants. May 21, 2009 testimony tocongress of Marc Maurer on unfairness of federal cocaine senetencing.
T thi d f k i
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Two-thirds of crack cocaine usersare white or Latino.
But 80% of the people sentencedfor 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.
? 100 1 Di it b t
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? 100-1 Disparity betweensentencing for crack cocaine and
powder cocaine reducedto 18-1 ratio. March 2010. ?
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Two-thirds of people in US with lifesentences are non-white.
In NY, it is 83%.sentencing project july 2009 no exit
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Result?
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Prison
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African Americans comprise
13% of population and14% of monthly drug users but
37% of persons arrested fordrug offenses, and 56% ofpeople in state prisons for drug
offenses.
May 21 2009 testimony before Congress of Marc Mauer The Sentencing Project
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Two-thirds of people in stateprisons for drug offenses are
African American or Latino. 2009 April SentencingProject changing racial dynamics of the war on drugs
Mental illness is
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Mental illness is200% to 600% higher
among prisonersthan outside.National reentry resource center facts
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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.
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Impactof
Mass
Incarceration
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Exempted from the prohibition on
slavery, prisoners are on way tobeing non-human objects
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Rights of Prisoners?
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?Private for profit prisons?
?Impact of increased costs for
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?Impact of increased costs forIncarceration?
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Parole
5 095 200
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5,095,200
people were onProbation or Parole in 2008.
38% African American19% Hispanic
41% white.Glaze and Bonczar Probation and Parole in the US 2008, US DOJ, BJS, 12-09
Nearly one in three
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Nearly one in threeyoung black males
is under correctional supervision.2009 Criminal justice primer Sentencing Project
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YOUTH
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YOUTHBlack 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
The US Department of Justice
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The US Department of Justicereported that in 2008
7.3 million peoplewere under correctional
supervisionjail or prison, parole or probation.
http://bjs.ojp.usdoj.gov/content/pub/pdf/ppus08.pdf
African Americans are nearly three
http://bjs.ojp.usdoj.gov/content/pub/pdf/ppus08.pdfhttp://bjs.ojp.usdoj.gov/content/pub/pdf/ppus08.pdf -
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African Americans are nearly threetimes as likely to get their probation
revoked as whites, especially fordrug offenses.
http://www.wi-doc.com/PDF_Files/Revocation%20Study_Exec%202-Pg%20-%20FINAL.pdf
http://www.wi-doc.com/PDF_Files/Revocation%20Study_Exec%202-Pg%20-%20FINAL.pdfhttp://www.wi-doc.com/PDF_Files/Revocation%20Study_Exec%202-Pg%20-%20FINAL.pdf -
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Freedom
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Even afterrelease,
Prisonersnever regain
full human andcivil rights
Ex-offender employment?
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Ex-offender employment?
Among applicants with criminalrecords, employers called back
17% of white applicants and5% of black applicants. Devah Pager Study 2002
C f D F l
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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
?IMPACT ON DRUG USE?
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More than two decades of incarcerating drug
offenders has apparently had little impact on thedemand for illicit drugs. In surveys carried outduring the years 1991-1993, an average of 5.8percent of persons surveyed reported using an
illicit drug during the previous month. In the samesurvey carried out in 2006, 8.3 percent of
persons said they had used an illicit drug in the
previous month.HRW Targetting Blacks 2008
What will people think
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100 years from now
about ourcriminal justice system?
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Analysis of System
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Key Question:
Are these facts mistakes of anotherwise good systemor
Is the system workingexactly as intended?
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1700s - Birth of Slavery
1863 - Death of Slavery
1877 - Birth of Jim Crowwithdrawl of federal troops
1950s-60s - Death of Jim Crow
1980s - Birth of MassIncarceration
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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
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Criminal Justice is:
RacializedSystem of
Social Control
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Stigma of criminality functions in
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g ymuch the same way as Jim Crow:
Legal boundaries between them and us;
Social and economic boundaries betweenthem and us;
Cannot vote;
Can legally discriminate in jobs andhousing;
Warehouse a disposable population;
P hit d l f th
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Poor whites and people of other
ethnicity are also subjected tothis system of social controlbecause if they are out of line
they are treated just like poorblacks
the worst possible treatment
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Criminal Justice System is
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Criminal Justice System isIntegral Part of the
Domestic War on Marginalized
Because of globalizationth i f l
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there is an excess of people.
Those people are not productive, notneeded, not wanted, and are not human
beings entitled to the same rights as us.Essentially, the must be controlled and
dominated. They must be eitherintimidated into compliance with theirinferior status or removed.
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Criminal Justice System is Part ofthe White Supremacist
Domestic War on Marginalized
Domestic War relies on
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Domestic War relies onTechnology of Domination(Criminal Justice System)
for
Capture
ImmobilizationPunishmentLiquidation
Criminal Justice System
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is working just fine
doing its part in theDomestic Racist State Violence or
War at Home
Thus Abu Ghraib,Guantanamo US jails &
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Guantanamo, US jails &prisons
are all the same domestic& international versionsof domination
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So,
what to do?
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Adopt a100 year
perspective on
law and justice
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A radical approach to injusticemeans to go to theroot of the problem
not trimming the leavesnot pruning the branches
but ripping up by the rootsthe injustice.
First, open our hearts and
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liberate our minds
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We are all entitled to be safebut is that what
this criminal justice system is?Find and support alternatives.
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Nothing short
of a majorsocial
movement candismantle thisnew caste
system.
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What about President Obama?
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If th t i b k h th
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If the system is broken perhaps the
administration can help fixsmall parts of it.
But is there evidence thatthis administration intends to
reverse the explosion of thecriminal justice system?
Join the Movement
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Join the Movement
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Restorative Justice
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Restorative Justice
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Study Prisons in Criminal Law?
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Study Prisons in Criminal Law?
Support PrisonerO i i d R i t
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Organizing and Resistance
Resist in Place:
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Resist in Place:
Prosecutors, Defenders, Judges
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If th i
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If there is
nostruggle,
there is noprogress.
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Seek Out
HopeJoy
Love
Wherever you
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yfind tragedyand injustice
You will alsofindresistance
andinspiration
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Liberationis up to us.
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