2.2 million people incarcerated as of 2012, many for non-violent offenses, at a cost of 70 billion dollars. Millions more are under some form of restraint or supervision, either while the case is pending or as component of the final
sentence. A staggering 65 million adults in the United States — approximately one in four — now have a criminal record, and live with the increasing public exposure, civil disabilities and other consequences that flow from a criminal record.
....Mass incarceration [has] consigned 1.3 million African American and Hispanics to prison. According to the latest available figures,
these two groups comprise 58 percent of all inmates, even though they make up only one quarter of the U.S. population
The problem of racial disparity is systemic.
The report calls for advocacy on two fronts:
1. Structural reform at points of entry and sentencing, by ensuring fair and equal law enforcement across socioeconomic and geographic groups and/or repealing policies and practices that drive racial disparities (e.g., racially disproportionate policing and excessive drug and other sentences); and
2. Fair administration of justice reforms to minimize the impact of existing racial and economic disparities, through periodic monitoring, assessment and review of racial outcomes in bail decisions; prosecutorial charging and diversion; post-arrest service programs; and post-release programs that help ex-offenders lead productive lives.
The report finds the second focus, that on assessment, diversion and provision of services, is most likely to reduce problems of racial disparity.
On the broader horizon:
outlawing racial profiling practices by police;
strengthening civilian review and control of local police departments;
reforming bail policies to make release for non-violent offenders the default, and reducing or eliminating the requirement of cash bail;
bringing transparency and accountability to prosecutorial decisions, especially charging and plea bargains;
decriminalizing more non-violent drug offenses;
ending the practice of adjudicating juveniles in adult courts;
repealing mandatory minimum sentencing schemes;
repealing zero-tolerance school discipline policies that funnel youth into the criminal justice system;
reforming “truth-in-sentencing” laws that prevent or delay the consideration of parole;
repealing post-conviction consequences that impede the successful
re-entry of those with criminal histories; and
assessing the impact of political fund-raising and corporate contributions on sentencing.
What the public debate needs to be:
Do our laws, policies and practices reflect public consensus on these priorities? If not, what needs to change? How do we move the system away from a paradigm focused on arrest, punishment and social control of communities of color to one that focuses on healing and restoration?
How do we avoid using courts as the dumping ground for difficult or seemingly intractable social problems? (my emphasis.)
It would be nice if those pursuing their personal political agenda using the mantle of racial injustice and disparity in the criminal justice system, as well as representatives in Congress and the Department of Justice, would address the very real and systemic problems that affect all minorities in the criminal justice system, instead focusing on the misfortune that befell one individual and his family, stemming from a single, unplanned, spontaneous shooting on a dark and rainy night in Florida.
The problems that need to be addressed are those outlined in this report. As I've been saying for weeks, the continued focus on one shooting death that only catapulted to national prominence because the media gave too much air time to lawyers with a public relations team advocating on behalf of a single client, is going to take resources and attention from the real problems.