1. Daryl V. Atkinson, Esq. Southern Coalition for Social Justice
DMC with CJ System; Collateral Consequences; and Legal and Policy Relief Measures
Daryl V. Atkinson, Esq.
Southern Coalition for Social Justice

2. Roadmap for discussion
Define and highlight DMC
Nationally
North Carolina
Define and highlight collateral consequences
Tour C-CAT
Overview of SCSJ’s areas of advocacy

3. Racial/Ethnic Disparities Definition
Racial disparity exists when the proportion of a racial/ethnic group within the control of the criminal justice system differs from the proportion of such groups in the general population.
Illegitimate or unwarranted racial disparity results from the dissimilar treatment of similarly situated people based on race.

4. Mass Imprisonment Definition
Mass imprisonment: refers to the high rate of imprisonment in the contemporary U.S.
Two characteristics:
A rate of imprisonment that is markedly above the historical and comparative norm for societies of this type.
Produces both the incarceration of individuals, and becomes the systematic imprisonment of whole groups of the population.

5. Mass Imprisonment The Data
1,512,000 people in prison.
792,000 people in jail.
Gross underestimate of the number of people that come in contact with the jail system.
Yearly estimates range between 7-10 million people.
1 in 100 adults behind bars
~2.3 million adults prison or jail
~230 million adults in U.S.

6. Racial Disparities in Mass Imprisonment
Men in prison or jail
All men 18 and over 1 in 54
White men 18 and over 1 in 106
Latino men 18 and over 1 in 36
Black men 18 and over 1 in 15
Black men in 9
Black men are ~6% of the U.S population but are ~39% of the male prison population
Reference racial disparity definition on slide #12

7. Racial Disparities in Mass Imprisonment
2010 AA population– 38,929,319~3,892,931 current and former AA prisoners in the U.S.

8. Racial Disparities in Mass Imprisonment North Carolina
NC prison population 2012—38,890
Male—36,294
Female—2,596
Black—23,038~57%
White—14,222~35%
American Indian—771~2%
Other—2,590~6%

9. Racial Disparities in Mass Imprisonment NC Counties
Halifax—Total population=54,691
Black—53.2%
White—40%
Prison population=321
Black—252~78.5%
White—64~19.9%
Ratio Black to White prison population—3.94:1
25.3% difference b/w Black prison and county population

10. Mass Criminalization Definition
Mass criminalization: refers to the high rate of contact with the criminal justice system in the contemporary U.S.
Two characteristics:
A rate of contact with the criminal justice system that is markedly above the historical and comparative norm for societies of this type.
Produces both the criminalization of individuals, and becomes the systematic criminalization of whole groups of the population.

11. Mass Criminalization The Data
~ 5 million people on probation or parole
At least 65 million people with a criminal record
~ 230 million adults in the U.S.
~ 1 in 4 adults in the U.S. have a criminal record

12. Mass Criminalization The Data NC
~ 104,000 people on probation or parole
At least 1.5 million people with a criminal record
~7.3 million adults in NC
~1 in 5 adults in NC have a criminal record

13. Mass Criminalization The Data
20 million current and former felons represents ~9% of the adult U.S. population
1980—5 million current and former felons; 2010—20 million current and former felons represents 400% increase

14. Racial Disparities in Mass Criminalization
2010 AA population 38,929,319—current and former AA felons ~9,732,329

15. Racial Disparities in Mass Criminalization North Carolina

16. Racial Disparities in Mass Criminalization North Carolina

17. Racial Disparities in Mass Criminalization North Carolina

18. Racial Disparities in Mass Criminalization North Carolina

19. Collateral Consequences, Social Stigma, and Defacto Discrimination
Collateral consequences: are the indirect consequences that flow from federal and state criminal convictions.
Over the past 30 years, collateral consequences have increased in variety and severity.
They are excluded from the criminal justice process.
Defendants often plead guilty without knowing about them.
According to the ABA there 914 collateral consequence in NC.

20. Collateral Consequences
Examples include:
Felon disenfranchisement
Deportation or removal from the country
Loss of professional and occupational licenses
Loss of public benefits
Loss of federal financial aid
Loss of public housing
Mandatory registration for people convicted of predatory offenses
Loss of driver’s license
Termination of parental rights

21. Collateral Consequences
In response to the concerns about collateral consequences NC IDS and NC SOG respond with the Collateral Consequence Assessment Tool (C-CAT)
C-CAT is a web-based database that allows users to search the consequences associated with specific North Carolina criminal offenses.
The tool allows indigent defenders to advise their clients about the full ramifications of a criminal conviction.
Demonstrate C-CAT

22. SCSJ Areas of Advocacy
Community outreach and education
Direct services
Public policy advocacy
Impact litigation

23. Community Outreach and Education
Every mass movement must be led by those most intimately affected by the oppressive system
Advocates must engage and educate the community to ensure that the advocacy is always connected to the people.
SCSJ provides information to communities impacted by mass criminalization.

24. Direct Services
Reentry legal advocacy project– the goal is to provide services to low income people who have criminal records. 
The project serves clients with all types of criminal backgrounds from simple arrests and misdemeanors to multiple felony convictions. 
Legal assistance is offered in the following areas:
Drivers license restoration
Expunging of criminal records
Certificates of relief
Employment and occupational licensing opportunities
Child support issues related to incarceration
Obtaining public benefits.

25. Direct Services: Expungement
Expungement: is the legal process of erasing a criminal record.
NC does not have a blanket expungement provision. The state expunges specific crimes if you meet certain criteria.
Expungement erases officical “state” records however criminal record information may still be available via private databases.

26. Expungement Examples of the categories of crimes NC will expunge
Misdemeanors committed under the age of 18
Misdemeanor under age drinking
Misdemeanor larceny conviction over 10 years old
Charges that were dismissed or found NG
Nonviolent felonies under 18
Cyberbullying

27. Direct Services: Certificates of Relief
Certificates of Relief from Disabilities: allows sentencing courts to issue orders that will relieve an individual from one or more collateral consequences.
3 major benefits of certificates:
Relieves most collateral sanctions
Can be used as evidence of rehabilitation
Protects employers from negligent hiring lawsuit

28. Public Policy Advocacy: Ban the Box
Across the country advocates have been encouraging cities and counties to “ban the box.”
The “box” is that place on many employment applications that asks whether the applicant has been convicted of a crime.

29. What would a “Ban the Box” ordinance accomplish?
Remove criminal history questions from the initial employment application
Create a level playing field so people with criminal records can be evaluated on their qualifications
Facilitate more in-person interviews
Give people with criminal records the opportunity to:
Check the accuracy of the record
Explain the nature of the crime
Highlight any rehabilitative efforts

30. Impact Litigation
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin.
The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII.
Title VII prohibits both intentional discrimination and facially neutral policies and practices that have a disproportionate impact on certain groups.
Using arrest and conviction records to screen for employment is an example of the type of neutral selection criteria that invites Title VII scrutiny.

31. Impact Litigation
Title VII does not wholly bar the use of criminal records in employment decisions.
Instead, the EEOC has provided a framework for assessing criminal records when making an employment decision.
When making a decision an employer must consider:
The nature and gravity of the offense
The time that has passed since the conviction
The nature of the job held or sought

32. Questions and contact information
Daryl V. Atkinson
Staff Attorney
Southern Coalition for Social Justice
ext.153