MAY CONTAIN MARKUP

By International Bolshevik Tendency

FROM THE PREFACE: The case ofMumiaAbu-Jamal, America's best-known political prisoner, starkly illuminates the brutal reality ofracist capitalist justice in a country that advertises itself as the citadel of "freedom." It is an extremely complicated case, and while the main elements are now known, pieces of the puzzle are still missing and ambiguities remain. In the following text, we attempt to outline both the essential elements of the case and the legal/political issues it poses.

Bolshevik Publications. 2004. New York. NY. 94p.

By Jue Jiang

This research provides a rare yet much-needed gender perspective on authoritarian legality in China, drawing upon sentencing and punishment for the crime of rape. First, several controversial cases – cases extensively discussed in the media or online – are reviewed to identify the attributes that triggered the controversy. Four categories of cases were selected, based on four sexual relationships embodying various power dynamics between the offender and the victim: public official and citizen/sex worker; husband and wife; adult and child; caregiver and dependent. A search was then made for “like cases” using these attributes as keywords in the China Judgments Online database. Finally, a qualitative analysis of these cases was carried out, in particular of the judicial reasoning provided by the judges, to explore how these controversial cases are handled by the judiciary, and the implications of this on the interplay between gender, sex, sexuality and authoritarian power in the context of authoritarian legality in China. This research argues that the criminal justice system in China embodies and reinforces a particular gendered order and “sex hierarchy,” instrumentalised by the state to maintain its authoritarian power.

The Albert Hirschman Centre on Democracy series Law and Authoritarianism. 2023, 69pg

By Mona Lynch and Emily V. Shaw

Building on research demonstrating significant differences in how Black and White Americans view law enforcement, this study assesses how views of police shape potential jurors’ decision-making. The authors conclude that it is critical that citizens are not prevented from being seated on juries due to skepticism about police, given the risk of disproportionate exclusion of Black potential jurors. The legal processes relevant to juror excusals need to be reconsidered to ensure that views of police, rooted in actual experience or knowledge about the problems with fair and just policing, are not used to disproportionately exclude persons of color, or to seat juries overrepresented by people who blindly trust police. A sample of 649 Black and White jury-eligible U.S. citizens were exposed a federal drug conspiracy case in which the primary evidence against the defendant is provided by an FBI agent and an informant cooperating with the agent, in which a Black defendant is being tried, and where the informant-witness race (Black or White) was varied. Participants determined verdict, evaluated evidence, and completed additional measures. Results indicated that Black participants were significantly less likely to convict than White participants, especially in the White informant condition; rated the law enforcement witness as less credible; and viewed police more negatively across three composite measures. Exploratory analysis of how juror race and gender interacted indicates Black women largely drove racial differences in verdicts. Perceptions of police legitimacy mediated the relationship between juror race and verdict choice

Race and Justice Volume: Online Dated: 2023 Pages: 1-25

By Sarah Lageson & Robert Stewart

Criminal records are routinely used by employers and other institutional decision-makers who rely on their presumed fidelity to evaluate applicants. We analyze criminal records for a sample of 101 people, comparing official state reports, two sources of private-sector background checks (one regulated and one unregulated by federal law), and qualitative interviews. Based on our analysis, private-sector background checks are laden with false-positive and false-negative errors: 60 percent and 50 percent of participants had at least one false-positive error on their regulated and unregulated background checks, and nearly all (90 percent and 92 percent of participants, respectively) had at least one false-negative error. We define specific problems with private-sector criminal records: mismatched data that create false negatives, missing case dispositions that create incomplete and misleading criminal records, and incorrect data that create false positives. Accompanying qualitative interviews show how errors in background checks limit access to social opportunities ranging from employment to education to housing and violate basic principles of fairness in the legal system.

United States, Criminology. 2024, 30pg

By Paul Heaton

Today we know much more about the effects of pretrial detention than we did even five years ago. Multiple empirical studies have emerged that shed new light on the far-reaching impacts of bail decisions made at the earliest stages of the criminal adjudication process.1 This new evidence calls into question longstanding approaches to managing pretrial risk that provide limited due process protection and emphasize cash bail. Making appropriate decisions about who to release pretrial and under what conditions requires an understanding of the impacts of particular bail requirements. For example, for a given defendant, how would their risk of failure to appear (“FTA”) or future criminal activity change if they were subjected to condition A (which might include preventative detention) versus condition B (which might include an alternative to detention, such as text message reminders of scheduled court appearances)? Armed with such information, decisionmakers could appropriately balance society’s dual interest in preserving public safety and holding the accused accountable with defendants’ liberty interests. However, until recently, the actual evidence necessary to analyze the trade-off described above has been virtually nonexistent, leading judges and magistrates to rely on a combination of personal experience (possibly including conscious or unconscious bias), heuristics, and local norms in formulating their bail decisions. One reason it has been so difficult to develop good evidence of the effects of pretrial detention is because the bail system, when operating as intended, sorts defendants in a manner that limits the value of the outcome data it produces for demonstrating whether and how bail conditions matter. In general,  because bail conditions are typically assigned based on perceived defendant risk, if we observe elevated violation rates for defendants with condition A versus condition B, it is difficult to determine empirically whether this reflects an adverse causal effect of condition A or simply the fact that those assigned condition A were different from those assigned condition B to begin with. For example, proponents of cash bail often cite low FTA rates among those released with assistance from commercial bonding agents and argue from such statistics that private bondsmen are a necessary component of the system to manage nonappearance risk.2 However, comparing FTA rates for those with and without commercial sureties is misleading. To maximize profits, commercial operations have an incentive to accept only clients who are at low risk of nonappearance in the same way that an auto insurer would make money by identifying and then insuring only the safest drivers.3 Thus, low FTA rates might simply reflect defendant sorting and tell policymakers little about commercial sureties’ effectiveness. The new generation of pretrial detention studies addresses this difficulty and provides a much stronger footing on which to base legal decisions and criminal justice policy. Recent studies improve upon past work in at least three respects. First, they make use of large administrative datasets, typically involving the near universe of criminal offenses within a particular jurisdiction, allowing researchers to describe the functioning of the criminal justice system as a whole rather than generalizing from a few specific incidents or cases. Second, they carefully consider the problem of differentiating correlation from causation, making use of natural experiments to measure the causal effects of detention and resolving the sorting problem described above. Finally, they consider a broader range of outcomes, focusing not just on the resolution of the case at hand, but on long-term ramifications, such as future criminal activity, earnings, and unemployment. The takeaway from this new generation of studies is that pretrial detention has substantial downstream effects on both the operation of the criminal justice system and on defendants themselves, causally increasing the likelihood of a conviction, the severity of the sentence, and, in some jurisdictions, defendants’ likelihood of future contact with the criminal justice system. Detention also reduces future employment and access to social safety nets. This growing evidence of pretrial detention’s high costs should give impetus to reform efforts that increase due process protections to ensure detention is limited to only those situations where it is truly necessary and identify alternatives to detention that can better promote court appearance and public safety.   

United States, North Carolina Law Review. 2020, 11pg

By The Welsh Parliament Equality and Social Justice Committee

Women who commit crime are generally some of the most vulnerable and disadvantaged in society, often with multiple and complex needs. Women now make up around 5 per cent of the prison population, estimated to be twice as many as twenty years ago.

Wales, The Committee. 2023, 56pg

By Ihar Paulau

The large growth of the United States’ criminal legal system in the late 20th century brought a widening racial gap in incarceration.1 By the year 2000, Black people made up almost half of the state prison population but only about 13% of the U.S.2 population. And although a wave of changes to sentencing and corrections policies over the past two decades has helped lessen disparities in federal and state prisons, Black adults still were imprisoned in 2020 at five times the rate for White adults.3

Far less is known, however, about racial and ethnic disparities in the country’s approximately 3,000 local jails.4 Bureau of Justice Statistics (BJS) reports show that the gap in the rate of jail incarceration between Black and White people dropped by 22% between 2011 and 2021.5 However, these reports contain no race or ethnicity data on critical topics such as admissions or lengths of stay and little or no information about the severity or types of criminal charges for people in jail either in the aggregate or broken down by race, age, or other demographics.

The lack of detailed and timely data on who is in jail, for how long, and why led The Pew Charitable Trusts to partner with the Jail Data Initiative (JDI), an up-to-date source of data from approximately 1,300 of the nation’s nearly 3,000 jails created by the New York University Public Safety Lab, and the Data Collaborative for Justice (DCJ) at John Jay College, which conducts research to help local-level criminal justice decision-makers identify areas for reform.6 Although JDI is not necessarily nationally representative, it is the only publicly available source of near real-time data featuring a substantial sample of jails throughout the country. Additionally, DCJ collected and analyzed in-depth demographic and offense data for different racial and ethnic groups across jails in three counties—Durham, North Carolina; Louisville-Jefferson County, Kentucky; and St. Louis, Missouri—some of which is unavailable in the JDI database.7

Using the data from JDI, Pew researchers examined race in recent jail populations, admissions, and lengths of stay. Of the JDI data set, 595 jails had data for 2022, and within those facilities, Black people made up, on average, 12% of the local community populations but more than double that, 26%, of the jail populations. Additionally, although the jail population decreased nationally during the early months of COVID-19 in 2020, the previous 10-year trend of declining racial disparities in jails may have reversed as the pandemic progressed. Between March 2020 and December 2022, the average number of White people in jail increased by less than 1% compared with an increase of 8% for Black people in 349 jails from the JDI database that had complete data for that period.

Two factors, how many people go to jail and how long they stay, determine jail populations.8 As of 2022, Black people were admitted to jail at more than four times the rate of White people and stayed in jail for 12 more days on average across the 595-jail sample, contributing to the larger increase in population observed for Black individuals.

The findings from the three counties in the DCJ study reflect similar admissions and length of stay disparities broadly and across several metrics:

• In 2019, in all three counties Black people were admitted to jail at a rate at least double—and up to six times—that of White or Hispanic people and spent up to 12 days longer in jail than White people.

• Black people were admitted to jail at a higher rate than other groups for both misdemeanors and felonies in all three counties and typically spent the most time in jail for felonies.

• Racial disparities in admissions to jail and length of stay were largest among younger adults.

• Black men and Black women both had considerably higher admission rates than their White or Hispanic counterparts, but the length-of-stay gap was greater among men than women.

Although the findings in this brief are specific to the jails studied, they nevertheless demonstrate that significant disparities exist in many facilities. However, because jails are local and people are sent to jail for many reasons, identifying and understanding persistent racial and ethnic gaps nationally and at the local level will require further data collection and analysis, as well as collaboration across multiple jurisdictions and data systems. Individual localities may find that the disparities in their jail populations and the factors that influence those gaps are different and will require tailored solutions.

United States, A brief from Pew. 2023, 19pg

By Kelly Roberts Freeman, Cathy Hu, and Jesse Jannetta 

Racial and ethnic disparity is a pervasive characteristic of the American criminal justice system. This starts at the beginning of the justice process with substantial racial disparities in arrest.1 Once arrested, people of color face disparities in pretrial bail decisions (Schlesinger 2005) through disposition and sentencing, where they are imprisoned at 5.9 times the rate of their white counterparts (Carson 2018). Disparate outcomes by race continue to emerge at decision points that are even later in the justice process, such as in determining prison release on parole (Huebner and Bynum 2008). Many of these disparities arise from discretionary decisions and sentencing policies that disadvantage people of color. Disparities are also rooted in a history of structural racism and inequities that continue today, contribute to the overrepresentation of people of color in the justice system, and require action across multiple policy domains to address (Kijakazi et al. 2019). 

USA, Urban Institute. March 2021, 14pg