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Current Developments_________________________________
- Ethnic Profiling Faulted In 'Arrest', New York Law Journal (EDNY), November 25, 2008
- New York Civil Liberties Union lawsuit against NYPD alleges stop-and-frisk policies unfairly target minorities. NYCLU Suit Claims Police Target Minorities For Stops, New York Law Journal (NYC), May 8, 2008
- Federal judge found that systematic exclusion of West Indians from criminal jury was discriminatory. Ban on Using Nationality to Exclude Jurors Is Upheld, New York Times (Bronx), March 5, 2008
- National study by the Justice Policy Institute reveals a serious racial disparity in the conviction and incarceration rates for drug crimes. Report: Prison for Blacks More Likely, Newsday (NY), December 5, 2007 and Racial Disparity Cited in Drug Sentences, Syracuse Post-Standard (OnondagaCounty), December 4, 2007. Click here to view the report.
- Recent statistical report shows that African-Americans incarcerated at much higher rate in New York prisons than whites. Balance Scales of Justice for People of Color Facing Jail Time, Rochester Democrat and Chronicle (NY), July 30, 2007
- Defendant failed to meet burden of proof under Batson v. Kentucky, 476 US 79 to show that prosecutor's peremptory juror challenges were race-based according to the Second Circuit Court of Appeals. Circuit Finds Data Insufficient to Support 'Batson' Arguments , New York Law Journal (2nd Cir), March 14, 2007
- Federal criminal sentencing assigned to new judge after remarks from the bench about the defendant's West African background. Case Reassigned After Comments About Nationality, New York Law Journal (SDNY), March 12, 2007
- Court of Claims judge rejected class action suit against police alleging racial profiling of African-American males at a state college during a 1992 investigation. Judge Dismisses Class-Action Claims in Racial Profiling Case, Ithaca Journal (OtsegoCounty), February 14, 2006
- Troy City Council to vote to change law for making arrests in traffic infractions, which civil rights groups claim impacted on the minority community. Ticket System to Cut Arrests, Albany Times Union (RensselaerCounty), November 30, 2005
- Court of Claims proceeding focuses on allegations of racial profiling by Oneonta police. Blacks Stopped by Police Seek End to Race Profiling , New York Law Journal (OtsegoCounty), October 25, 2005
- Princeton study shows impact of race on entry-level job searching in New York City by persons with prior convictions. Race a Factor in Job Offers for Ex-Convicts, New York Times (NYC), June 17, 2005
- State prosecutor's failure to provide race-neutral explanation for striking African-American panelist violated Batson, and habeas corpus should have been granted according to the Second Circuit Court of Appeals. Panel Upsets Conviction Over 'Batson' Violation, New York Law Journal (2nd Cir), June 9, 2005
- Federal habeas corpus challenging state conviction on Batson grounds certified to Second Circuit Court of Appeals for review under AEDPA. Judge Asks for 'Batson' Guidance on Habeas, New York Law Journal (EDNY), March 21, 2005
- Room for improvement in police relationship with African-American community in Rochester according to new report. Police Study Still Finds Racism, Rochester Democrat and Chronicle (MonroeCounty), December 17, 2004
- No systemic racial profiling in DutchessCounty traffic stops according to a study commissioned by the Criminal Justice Council. No Racial Profiling in Dutchess, Study Finds, Daily Freeman (DutchessCounty), December 8, 2004
- New trial ordered because judge failed to follow Batson protocol according to the Appellate Division, First Department. Panel Orders Trial Over 'Batson' Errors, New York Law Journal (1st Dept), September 22, 2004. Read the court's decision in People v. Claudio , 2004 NYSlipOp 06604 (1st Dept September 21, 2004)
- Jury pools in Syracuse criminal trials should be drawn from city, not county, lists to better represent the racial composition of the community according to a city court judge. Upstate City Judge Limits Jury Pools to Residents of Syracuse, New York Law Journal (OnondagaCounty), June 24, 2004
- Class action filed against police and County of Nassau over racial profiling of African-American drivers. Nassau Target of $900m Race-Based Profiling Suit , Newsday (NassauCounty), June 10, 2004
- Lawsuit challenging legality of questioning hundreds of African-Americans in a 1992 Oneonta investigation could proceed based on state equal protection according to the Appellate Division Third Department. Suit Over Roundup of Black Men in '92 Is Cleared for Trial, New York Law Journal (3rd Dept), May 18, 2004. Read the court's decision in Brown v. State, 2004 NYSlipOp 03877 (3rd Dept May 13, 2004)
- Equivocal statement by potential juror about disregarding racial bias insufficient according to the Appellate Division Second Department.New Trial Granted Over Juror's Racial Remarks, New York Law Journal (2nd Dept), May 5, 2004. Read the court's decision in People v. Wilson, 2004 NYSlipOp 03603 (2nd Dept May 3, 2004)
- Attorney General investigating allegations of unfair prosecutions of housing code violations against Hispanics in Village of Freeport.Attorney General Wins Access to Sealed Records in Civil Rights Probe, New York Law Journal (NassauCounty), March 1, 2004
- Majority of drug offenders whose property has been forfeited in plea bargains have been African-American according to a study by the Poughkeepsie Journal. Black Drug Suspects Lose Assets Most in Seizures, Poughkeepsie Journal (DutchessCounty), January 25, 2004
Current Developments Outside New York__________________
- Circuit Applies 'Batson' To Challenge Of White Juror, New York Law Journal (2nd Cir), June 11, 2008
- Can And Will Iowa's "Minority Impact Statement" Legislation Help With Criminal Justice Disparities?, Sentencing Law and Policy (IA), April 18, 2008
- Minorities Fare Worse in Traffic Stops, Washington Post (US), April 29, 2007
- Ruling Extends 'Batson' to Targeting National Origin of Jurors , New York Law Journal (SDNY), January 29, 2007
- New Bias Hurdle: Middle Eastern Clients, National Law Journal (US), May 29, 2006
- Cameras Set Racial Poser on Car Crime, Times (UK), May 14, 2006
- 3rd Circuit Upholds Finding of 'Batson' Violation, Legal Intelligencer (3rd Cir), October 17, 2005
- ACLU of Massachusetts Challenges Use of Behavioral Profiling at Logan Airport , ACLU Press Release (MA), November 10, 2004
- 5th Circuit Turns Back 'Batson' Appeal, Texas Lawyer (5th Cir), March 8, 2004
- Bias Tactic Overturns Verdict, American Bar Association Journal (FL), March 5, 2004
- Florida Court Throws Out Murder Conviction , Associated Press (FL), February 19, 2004
- Odds Favor Whites for Plea Deals, Miami Herald (FL), January 26, 2004
- Judge's Voir Dire Instructions Result in Misconduct Charges, Recorder (CA), January 5, 2004
- Extension of 'Batson' Valid Approach, Legal Intelligencer (3rd Cir), August 15, 2003
- Justice Dept Issues First Federal Guidelines Banning Racial Profiling , USA Today (US), June 18, 2003
- Police Powers in Traffic Stops Curbed, Star Tribune (MN), May 2, 2003
- Texas Court Acts to Clear 38, Almost All Black, in Drug Case, New York Times (TX), April 1, 2003
- New Jersey Adopts Ban on Racial Profiling, New York Times (NJ), March 13, 2003
- California Highway Patrol Ends Profile Suit, Associated Press (CA), February 27, 2003
- NJ Wraps Up Last Big Profiling Case, New Jersey Law Journal (NJ), January 17, 2003
- Maryland State Police Reach Deal on Profiling, Washington Post (MD), January 3, 2002
- Park Ranger Racial-Profiling Suit Reinstated, New Jersey Law Journal (3rd Cir), January 2, 2003
- Michigan Legislature Repeals Draconian Mandatory Minimum Drug Sentences, FAMM News Release (MI), December 12, 2002
- Wanded for Being Nonwhite, Christian Science Monitor (US), October 10, 2002
- Court Weighs in on Racially-Targeted Law Enforcement, Justices Show Distaste For Consent Searches, Establish a Strict Standard for Their Use, New Jersey Law Journal (NJ), September 2, 2002
- Ohio Judge OKs Racial Profiling Deal, Findlaw Legal News (OH), August 5, 2002
- Post-Sept. 11 'Backlash' Proves Difficult to Quantify, New Jersey Law Journal (US), June 12, 2002
- Rights Groups Hit Airlines With Post-Sept. 11 Suits, Findlaw Legal News (US), June 11, 2002
- Dual-Motive Jury Strikes Don't Always Violate Equal Protection, Texas Lawyer (TX), May 29, 2002
- Global Settlement in Racial Profiling Cases Is Off the Table, New York Law Journal (NJ), April 30, 2002
- N.J. Drops Racial Profiling Charges, Findlaw Legal News (NJ), April 22, 2002
Reports_____________________________________________
The Vortex: The Concentrated Racial Impact of Drug Imprisonment and the Characteristics of Punitive Counties (JPI 2007). This report finds that 97 percent of the nation’s large-population counties imprisoned African Americans at a higher rate than whites. The report documents racial disparities in the use of prison for drug offenses in 193 of the 198 counties that reported to government entities.
Threat and Humiliation: Racial Profiling, National Security, and Human Rights in the United States (AI 2004). This report describes the increasing use of racial profiling in the areas of police, immigration, and airport security procedures, particularly since September 11th. It also examines the insufficiency of state laws in this area. The report was prepared by the Domestic Human Rights Program of Amnesty International USA.
Race and Incarceration in Maryland (JPI 2003). This report published by the Justice Policy Institute describes the disproportionately high incarceration rate for African-Americans and Latinos in US prisons, with special emphasis on the impact in Maryland.
Data Collection Resource Center (Institute on Race and Justice at Northeastern University). The Institute publishes research on data collection measures and methods intended to forestall or remedy racial profiling by law enforcement. It serves as a clearinghouse for police agencies, legislators, community leaders, social scientists, legal researchers and journalists. Information published online includes: background of data collection, jurisdictions, legislative developments and resources for data collection.
How to Correctly Collect and Analyze Racial Profiling Data (COPS 2003). This report reviews the methods used by law enforcement agencies in four cities to collect racial profiling data in traffic stops. It includes an assessment of current techniques, a list of recommended practices and a review of the literature. This project was funded by the Office of Community Oriented Policing Services.
Cellblocks or Classrooms?: The Funding of Higher Education and Corrections and Its Impact on African American Men (Justice Policy Institute 2002). This is report is a fiscal analysis of state budgets for more than a decade. It underscores the shift in spending from education to incarceration. The Justice Policy Institute prepared this study to serve as a guide to policy makers and legislators to reform sentencing laws and make better funding choices.
¿Dónde Está la Justicia? A Call to Action on Behalf of Latino and Latina Youth in the U.S. Justice System (Building Blocks for Youth 2002). This report describes the first national analysis of the disparate treatment that Latino and Latina youths face in the juvenile justice system. It surveys rates of incarceration and sentences. The report concludes with recommendations for reform.
Characteristics of Drivers Stopped by Police, 1999 (BJS 2002). "Provides data on the nature and characteristics of traffic stops, as collected in the 1999 Police-Public Contact Survey. Tables present detailed demographic characteristics of the 19.3 million drivers stopped by police in 1999."
Traffic Stop Data Collection Policies for State Police, 2001 (BJS 2001). "This report presents findings from the 2001 State Police Traffic Stop Data Collection Procedures. State police agencies were asked to report on their policies and procedures for collecting race and ethnicity data regarding motorists involved in traffic stops."
Final Report of the [New Jersey] State Police Review Team (NJ Attorney General 1999). Additional reports and consent decrees regarding investigation into racial profiling in New Jersey have been compiled by the New Jersey Department of Law & Public Safety.
Off Balance: Youth, Race & Crime in the News (Building Blocks for Youth 2001) Table of Contents. This study of crime news reporting revealed that "combined distortions of people of color overrepresented as criminals and underrepresented as victims, young people over-represented as criminals, and the undue coverage of violent crime, produce an inaccurate and unfair image of crime in America." It concluded with recommendations for the media to present crime news in context. Read about the report's impact in Coverage of Crime Often Distorts Reality, Buffalo News, May 17, 2001
Resource Guide on Racial Profiling Data Collections Systems: Promising Practices and Lessons Learned (BJA 2000) "To encourage voluntary data collection, the U.S. Department of Justice set about developing a resource guide on this subject. The result is this publication, A Resource Guide on Racial Profiling Data Collection Systems, prepared by staff of NortheasternUniversity. This document provides an overview of the nature of racial profiling; a description of data collection and its purpose; current activities in California,New Jersey, North Carolina, and Great Britain; and recommendations for the future."
Attacking Bias in the Justice System: A Compendium of Program Alternatives (ABA Coalition for Justice 2000) is a collection of specific projects, programs and recommendations bar associations, courts and communities can draw from to address bias in the justice system.
Initial Report of the United States of America to the United Nations Committee on the Elimination of Racial Discrimination (Convention on the Elimination of All Forms of Racial Discrimination September 2000). Racism continues to leave its insidious mark on the cardinal institutions of American life according to this federal report, Government Report Says American Society Has Not Eliminated Racism, Findlaw Legal News, September 22, 2000
Racial Profiling: Limited Data Available on Motorist Stops (Government Accounting Office March 2000)
Justice on Trial: Racial Disparities in the American Criminal Justice System (Leadership Conference on Civil Rights 2000). Read about the report in the Executive Summary or in New Report Chronicles Criminal Justice System's Racial Bias, CNN Online, May 4, 2000
U.S. Department of State Initial Report of the United States of America to the UN Committee against Torture (State Department, September 1999)
Research Links________________________________________
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