Fri, Jul 23, at Morgan, grapples with one of the greatest paradoxes of human history: In his magisterial book, Morgan asked, How could that be? His answer a bit oversimplified is that slavery made it possible for all white Virginians — who otherwise would have been divided among themselves into competing political alliances e.
Does the criminal justice system treat people of color differently than whites? Are there stages in the process that -- intentionally or unintentionally -- disadvantage African Americans, Hispanics, Asian Americans?
A note about vocabulary: Although some people discussing these issues use the words "disproportionality" and "disparity" interchangeably, there is an important distinction between the two.
Disparity occurs when two offenders who are similarly situated are treated unequally. Click here for more information.
This guide gathers Washington studies. If you know of published studies that are not listed, please send me a note.
It lists some national organizations working in the area and selectively lists books, articles and reports that are not focused on Washington State.
Mary Whisner, Reference Librarian, whisner [at] uw. Juvenile Justice General Robert. Review of research in Washington, placed in context of national studies, prepared for case challenging felony disenfranchisement law Farrakhan v.
Summary of Police Studies There is not evidence of a broad pattern of racial profiling in the State of Washington, but there are substantial reasons to believe that Native Americans, blacks and Latinos are at elevated risk that cannot be justified by differential involvement in crimes likely to lead to arrests.
What are not included among these studies are statewide investigations of policing and race, or research on how offenses beyond traffic offenses and drug possession and distribution, might be associated with race and ethnicity. This is especially important because we know that the use of police discretion can make a very large difference in producing racial disparity in later stages of the criminal justice process.
For example, evidence of the importance of police recommendations in bail decisions will be reported below. What we can conclude from the limited extant studies of policing in Washington State is that there is credible evidence that there are significant racial disparities that are not fully warranted by racial or ethnic differences in illegal behavior.
Hewitt finds no significant racial differences in case outcomes after these and other factors that he considers to be legally relevant have been taken into account.
A not inconsequential proportion of these differences can be explained by including legally relevant factors, such as the seriousness of offenses, the criminal histories of offenders, and legislatively established aggravating factors such as the presence of a weapon in the commission of a crime.
But even when these legally relevant factors have been taken into account, racial and ethnic differences have been repeatedly observed in the processing of felony cases in Washington State. These differences appear in different decision points in different jurisdictions of the state.
Some of these differences appear to be small, but this reviewer concludes that these small differences in what a person is charged with, whether they are released pre-trial, if they are convicted, and what sentence is given are very consequential to the individuals processed and they add up to substantial impacts for minority communities within the state.
Two explanations are described: Evangelos, Comment, Bias in the Washington Courts: A Call for Reform, 16 U. Because of the documented threat that racial and gender bias pose to the effective administration of justice in Washington, this Comment advocates amending the Washington Rules of Professional Conduct to explicitly make intentional gender and racial bias an act of attorney misconduct and to discipline any attorney who engages in such behavior.
Section I of this Comment identifies and describes instances of attorney behavior that result in gender and racial bias and explains the impact of such bias on attorneys, clients, and the judicial system.
Section II explores similar anti-bias rules proposed or in place in other states.David Cole, The Nation's legal affairs correspondent and a professor at Georgetown University Law Center, is the author of No Equal Justice: Race and Class in the American Criminal Justice System.
His first book, No Equal Justice: Race and Class in the American Criminal Justice System, was named Best Non-Fiction Book of by the Boston Book Review, and best book on an issue of national policy in by the American Political Science Association.
In his book, “No Equal Justice: Race and Class in the American Criminal Justice System,” Author David Cole opined that the double standard surrounding race, as well as class, compromises the.
See generally DAVID COLE, No EQUAL JUSTICE: RACE AND CLASS IN THE AMERICAN CRIMINAL JUSTICE SYSTEM () (analyzing the ways in which racial dis- crimination pervades the criminal justice system and the social costs of this double.
Apr 15, · On the Bill of Rights, Cole analyzes the role of political activism in shaping constitutional law, referencing the establishment of gun rights and gay marriage rights. Get this from a library! No equal justice: race and class in the American criminal justice system.
[David Cole] -- "David Cole conclusively shows that, despite a veneer of neutrality, race- and class-based double standards operate in virtually every criminal justice setting, from police behavior, to jury.