By Josephine Wonsun Hahn, Ram Subramanian and Tiffany Sanabia

Minor offenses, including drug possession, shoplifting, disorderly conduct, vandalism, misdemeanor assault, and driving with a suspended license, make up the vast majority of cases in the American criminal justice system. Misdemeanors — the most common type of minor offense — amount to roughly three-quarters of cases filed each year. Enforcement consumes significant government resources, and the overall public safety benefit is questionable. For people charged with minor offenses, resolving cases requires months of court appearances. And minor offense charges have lifelong consequences: arrests alone restrict access to jobs, places to live, health care, and education. Low-income Black and Latino communities disproportionately bear these burdens. Brennan Center researchers examined minor criminal offense trends in New York City between 2016 to 2022. The resulting report highlights changes in enforcement, the prevalence of common offenses, and case outcomes, as well as racial disparities in minor offense case rates that persist despite reforms implemented over the last decade.

New York: Brennan Center for Justice, 2024.