racial / ethnic inequalities in the criminal justice system: what can i do?

Racial / Ethnic Inequalities in the Racial / Ethnic Inequalities in the Criminal Justice System:Criminal Justice System:

What Can I Do?What Can I Do?

The Center for Health and The Center for Health and Justice at TASCJustice at TASC

February 28, 2011 February 28, 2011 UIC Student Center East UIC Student Center East

Support provided by The Chicago Community TrustSupport provided by The Chicago Community Trust

Welcome & Warm-UpWelcome & Warm-Up Rev. Tommie Johnson Rev. Tommie Johnson

George Williams George Williams

Center for Health & Justice at TASCCenter for Health & Justice at TASC

MISSION

• For 35 years TASC has offered life-changing opportunities for people whose substance abuse or mental health problems have put them at risk for chronic involvement with the justice system

• Through services and public policy, we advocate effective and cost-saving solutions that allow people, families, and communities to thrive

Center for Health & Justice at TASCCenter for Health & Justice at TASC

VISION

• We envision a healthy and just society where people and communities are empowered to overcome and prevent addiction, mental health problems, and criminal behavior

• Racial Justice Initiative

– Research

– Policy Advocacy

– Education and Public Awareness

Today’s AgendaToday’s Agenda1. Unequal Justice: What the

Numbers Tell Us

2. Equal Justice for All: What Can I Do?

Unequal Justice:Unequal Justice:What the Numbers Tell UsWhat the Numbers Tell Us

Pamela RodriguezPamela RodriguezGeorge WilliamsGeorge Williams

Unequal Justice: The NumbersUnequal Justice: The Numbers

Source: Illinois Department of Corrections, 2010

Illinois New-Offense Prison Admissions for Controlled Substances Act Violations (excluding marijuana), 1989-2009


• African Americans 9.1 times more likely to be in prison / jail than whites (Ilinois, 2005):

– 14th worst in the nation on disparity

– National average = 5.6 times more likely

Source: The Sentencing Project, 2007


Race / Ethnicity Illinois 2009Illinois

Prisons 2009

White 65% 28%

African American 15% 58%

Hispanic / Latino 15% 13%

Source: U.S. Census, 2009; Illinois Department of Corrections, 2009

Portion of General Population vs. Prison Population,by Race / Ethnicity, 2009

Unequal Justice: Unequal Justice: The NumbersThe Numbers

• National surveys find that people of different racial / ethnic backgrounds use drugs at relatively equal rates

– 10.1% African Americans

– 8.2% among whites

– 6.2% among Latinos

Source: SAMHSA, 2009


• BUT … the number of African Americans sent to prison in Illinois for drug offenses grew by 6 times, from 1,421 to 9,088 (1990-2000)

• Number of whites sent to prison for drug offenses remained stable

Source: Lurigio and Harkenrider, 2005


• BUT … the proportion of African Americans arrested for drug offenses in Illinois grew from 46% to 82% of those arrested for such crimes (1983-1992)

• The proportions of whites arrested shrank from 41% to 11%

Source: Lurigio and Harkenrider, 2005

• Racial disproportionality for low-level drug possession arrests increases with accumulation of criminal record (Illinois, 2005)

– 36% of 1st time low-level drug offense arrestees African American/Latino

– 66% of overall low-level drug offense arrestees African American/Latino

Unequal Justice: Unequal Justice: DJIS Commission FindingsDJIS Commission Findings

Source: Illinois DJIS Commission, 2010

Unequal Justice: Unequal Justice: DJIS Commission FindingsDJIS Commission Findings• Disproportionality occurs in urban,

suburban, and rural areas (2005)

– Non-whites were arrested at higher rates than whites relative to their representation in the general population in 62 of Illinois’ 102 counties


Unequal Justice: Unequal Justice: DJIS Commission FindingsDJIS Commission Findings• African Americans and Latinos more

likely to be prosecuted in Cook Co. than whites

– AAs 1.8 times more likely

– Latinos 1.4 times more likely

– Controlling for criminal history and other variables


Unequal Justice: Unequal Justice: DJIS Commission FindingsDJIS Commission Findings• 60% of Cook Co. defendants (2005)

charged with low-level drug crimes (i.e. Class 4 felony) had charges dropped or dismissed

– Spent avg. 3 weeks in jail awaiting preliminary hearing

– No access to diversionary programming

– At risk for increased sentencing upon future justice involvement


Unequal Justice: Unequal Justice: DJIS Commission FindingsDJIS Commission Findings• African Americans charged only with

low-level drug crimes in Cook Co. (2005) were sent to prison at a rate 8 times greater than whites

• African Americans charged with low-level drug crimes sent to prison at a rate almost 5 times greater than whites


Unequal Justice: Unequal Justice: DJIS Commission FindingsDJIS Commission Findings


Unequal Justice: Unequal Justice: DJIS Commission FindingsDJIS Commission Findings• Cook Co. defendants (2005) originally facing

drug-free zone charges which were then dropped were sentenced more severely than those with similar final charges

– 89% of drug-free zone arrests = nonwhite arrestees

– 58% of defendants originally charged with drug-free zone violation which was later dropped were sent to prison vs. 41% of other defendants

– Suggests sentencing decisions based on original charge rather than pled-down charge


This is NOT This is NOT inevitable!inevitable!

Equal Justice for All:Equal Justice for All:What Can I Do?What Can I Do?

Equal Justice for All: Equal Justice for All: What Can I Do?What Can I Do?

• Educate yourself – issues, justice literacy

• Advocate for smart public policies with your elected officials

– City, county, state, and federal

– Make your voice heard – they work for you!

• Educate your family and community, urge them to advocate

• Look in the mirror = self-audit


• Will a new law have unintended negative consequences on minority communities?

– Example: Federal Crack / Cocaine law

– Insist that legislators can access “Racial / Ethnic Impact Statements” when considering new laws

• Iowa, Connecticut, Minnesota

• Illinois considered (2008), efforts underway again


• Do “drug-free zone” laws make communities safer?

– 70% of Chicago covered by drug-free zones• Is this the case in areas outside of Chicago, with

much smaller minority communities?

– What does happen to who because of them?

– Talk to your family and community about whether or not these zones create actual security


• Are people in minority communities often arrested without cause?

– Charges dropped in 60% of drug arrests in Cook Co., but …

– 3 weeks in jail = major disruption!

– Insist to local lawmakers that county prosecutors (not police) review cases quickly to make sure they have merit


• Are people with criminal records able to get the jobs they need to lead a “clean” life?

– Support HB0298 - talk to your legislators!• State Representative Howard: Allows court-

ordered sealing of records without conviction

– Support SB1284 - talk to your legislators!• State Senator Lightford: Civil rights violation for

employer to ask / use arrest, charge or expunged / sealed record as basis for refusal to hire


– Support SB1771 - talk to your legislators! • State Senator Raoul: Allows first-time drug

possession offenders to be sentenced to probation without pleading guilty and receiving a conviction on their record


• Is Illinois investing in our communities or corrections?

– Tell your state legislators and the Governor that drug treatment is cheaper and more effective than prison

• Governor Quinn recently announced the ELIMINATION of non-Medicaid funding for drug treatment in Illinois

• Each 1,000 non-violent offenders diverted from prison to supervised community treatment saves the state $20 million


– Support HB2048 - talk to your legislators! • State Rep. Reboletti: Allows county prosecutors to

use money collected from drug dealers to fund drug treatment and half-way houses

– Support HB0094 - talk to your legislators!• State Rep. Ford: Requires that state and local

governmental bodies use census figures adjusted to reflect the pre-incarceration addresses of persons imprisoned in state or federal facilities in Illinois. (Many streams of governmental resources are tied to census figures.)


• Know your rights– A criminal conviction has many

negative consequences for years

– Booklet: You Have the Right: What You and Your Family Should Know In Case You Are Arrested in Illinois


• Could my work or other activities be unintentionally contributing to or causing injustices?

– Conduct a self-audit

– Don’t expect it to be pain-free or easy


• What are you working on that addresses racial / ethnic injustices?

• New ideas?

Thank YouThank YouPamela [email protected]

George WilliamsVice President of Community and Government Affairs [email protected]

Rev. Tommie JohnsonRecovery Support Services [email protected]

Center for Health and Justice at TASCwww.centerforhealthandjustice.org

Illinois DJIS Commission Reportwww.centerforhealthandjustice.org/resources

mailto:[email protected]



http://www.centerforhealthandjustice.org/

http://www.centerforhealthandjustice.org/resources

racial / ethnic inequalities in the criminal justice system: what can i do?

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