When Discrimination is Legal: The Social Costs of Felony Convictions

Slides:



Advertisements
Similar presentations
Criminal Justice Process: Sentencing & Corrections
Advertisements

Mass Incarceration Meets the Information Age Vanessa Torres Hernandez Equal Justice Works Fellow
The War on Treatment. In 2005, 35 million Americans (age 12 or older) committed an illegal act. They used an illicit drug.
Thinking Critically Questions Chapter Ten and Eleven.
Marijuana Decriminalization The First Step to Prison Reform.
" The Impact of Criminal Justice Policies and Practices on Minorities" 2009.
1 _____ March 5, 2009 SC Sentencing Reform Commission Presenter South Carolina Attorney General Henry McMaster S206/H3166 _____.
Poli 103A California Politics Crime and Punishment II: Race and Crime.
BJS CORRECTIONS IN THE UNITED STATES
Community Corrections.  Community Corrections are the subfield of corrections in which offenders are supervised and provided services outside jail or.
Mass Incarceration Civic Academy Crime and Punishment in Louisiana Statewide Issues Conference Saturday, February 15, 2014.
Poli 103A California Politics Crime and Punishment II: Race and Crime.
Chapter 14 The Criminal Justice System. Origins of the Criminal Justice System  Wickersham Commission  President’s Commission on Law Enforcement and.
Workforce Literacy Developing across the Continuum JaNel Jamerson, Director Flint & Genesee Literacy & Basic Skills Network.
Sentencing. Purpose: To contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society.
Chapter 13 Parole Conditions and Revocation. Introduction Parole conditions determine the amount of freedom versus restriction a parolee has Accomplishment.
1 Race Discrimination and Criminal Records Sharon M. Dietrich Managing Attorney Community Legal Services, Inc., Philadelphia, PA EEOC/FEPA Conference June.
Chapter 8 Parole: Early Release and Reentry McGraw-Hill/Irwin © 2013 McGraw-Hill Companies. All Rights Reserved.
Chapter 12 Parole and Release to the Community 1.
Probation, Parole, and Community Corrections
1 A Presentation to Senate Judiciary B And Judiciary C Committees February 15, 2000 Kari Belvin, Senate Fiscal Services Chris Keaton, Legislative Fiscal.
Welcome to unit What’s New? Announcements Questions - Concerns.
Criminal Justice System. Police Have immediate control over who is arrested “Police discretion” Size of U.S. population and number of police officers.
Chapter 14 The Criminal Justice System.
The criminal justice system in America was created to keep communities safe, to respect and restore victims, and to return offenders who leave prison.
WJCIA It’s September 2009: Do You Know Where Your 17-Year Old Is? WJCIA Fall 2009 Jim Moeser Wisconsin Council on Children and Families.
Sentencing and Corrections. Once Found Guilty, a defendant will be sentenced by a jury or judge.
POLI 103A CALIFORNIA POLITICS CRIME AND PUNISHMENT II: RACE AND CRIME.
Sentencing and the Correctional Process
Chapter 28-2: Texas Courts Systems Guided Notes. Texas Judicial System A. Consists of : 1)Courts 2)Judges 3)Law enforcement agencies B. Serves the purposes.
Kaplan University Online CJ101 Unit 8 Introduction to the Criminal Justice System.
Unit 8 Prof. Hulvat CJ240. Housekeeping…. We are winding down…. We are winding down…. Late work…. Late work…. Coming up in our final unit 9 Coming up.
Community Corrections What happens when a prisoner is released?
Relieving Collateral Consequences Daniel Bowes Staff Attorney.
Corrections Also known as community-based corrections Community corrections: Refers to a wide range of sentences that depend on correctional resources.
RACIAL DISPARITIES IN THE LAW Created by: Cathi, Nicole, Eunice and Jeanell.
Department of Sociology & Criminal Justice What is an appropriate punishment or response? What do you expect your response to do for the offender, potential.
Mass Incarceration: Prospects for Reform American Friends Service Committee, Arizona.
Advancing Advocacy Marissa McCall Dodson Public Policy Director (404) June 15, 2016
The Criminal Justice System Chapter 12. Elements of the Criminal Justice System  Criminal Justice Law  Texas criminal justice system: The system of.
BCJ 3150: Probation and Parole
International Legislators Forum: Minnesota Criminal Justice Issues
Chapter 18 Incarceration Trends.
Copyright 2011 Curriculum Technology, LLC. All Rights Reserved.
BCJ 3150: Probation and Parole
Jeopardy Final Jeopardy General Numbers Penalties Topic 4 Topic 5 $100
Women in Oregon’s Criminal Justice System
Landlord’s can’t just say “no felons…”
Criminal Justice Reform
The Prison Industrial Complex
Racial injustice in the criminal justice system
Graduate School of Social Work
10 Probation, Parole, and Community Corrections.
Prisoners: Characteristics of U.S. Inmate Populations
Chapter 8 Parole: Early Release and Reentry
7Y Thursday MN Juvenile Justice System
7. Develop a plan to strengthen employer relationships
Class Name, Instructor Name
CE-Notes
criminal castes, classes, and status groups
BJS CORRECTIONS IN THE UNITED STATES
1 Panel 2, Position 5 Jack D. Ripper.
24-hours a day 7-days a week 365 days per year
Criminal Justice Process: Sentencing & Corrections
12 Research and the Future of Probation and Parole.
10 Probation, Parole, and Community Corrections.
Corrections.
Texas Judicial System Consists of : Courts Judges
Washington State Three Strikes Law
CRIMINAL JUSTICE PROCESS: SENTENCING AND CORRECTIONS
Presentation transcript:

When Discrimination is Legal: The Social Costs of Felony Convictions Peter A. Kindle, MA, MDiv University of Houston Graduate School of Social Work Doctoral Student Email: pkindle@houston.rr.com

Criminal (In)justice in America Incarceration rate has increased from 110 per 100,000 to 726 per 100,000 since 1970.1 (The incarceration rate prior to 1970 had been relatively steady for almost 200 years).2 Over 2.1 million persons were incarcerated in 2004. Over 4.8 million were under mandatory supervision in 2003. Over 630,000 persons were released from jails and prisons in 2002. Over 13 million American residents have a felony conviction.3 Over 47 million American residents had a criminal file in 1993. (This was 25% of the work force at that time). 3 The United States has the highest incarceration rate in the world. 3

How long can we keep this up? State Prisons Operated at 1% to 16% above capacity in 2002. 4 Correctional expenditures grew from $9 billion to $60 billion from 1982 – 2001. This is an increase of 452%. Municipalities Correctional expenditures grew from $12 billion to $42 billion. This is an increase of 242%. Federal Prisons Operated at 31% over capacity in 2002.4 Correctional expenditures grew from $4 billion to $25 billion from 1982 to 2001. This is an increase of 492%. Counties Correctional expenditures grew from $9 billion to $42 billion. This is an increase of 373%.

Consequences of Nixon’s War on Drugs How did we get here? Consequences of Nixon’s War on Drugs Prison became punishment, not rehabilitation.3 Parole abolished, Maine, 1976. First sentencing commission, Minnesota, 1980. Mandatory sentences became the norm.3 Truth-in-sentencing, Washington, 1984. Three strikes rule, California, 1994. Prosecutorial discretion replaced judicial discretion.5 90% of sentences settled by plea-bargain. 12% of increase in prison population is due to more crime.6 37% due to longer sentences. 6 51% due to more guilty pleas per arrest. 6

Catch or Release? State and Local Federal Over 90% of inmates are male. Two-thirds are racial or ethnic minorities. Just over half have a high school diploma or equivalent. 40% are functionally illiterate.7 The average IQ is 90. 7 Less than half of state inmates have a “violent” offense. Even fewer jail inmates are violent. Federal Inmates tend to be older (state and local inmates tend to be under 35 years of age). Less than 8% of the incarcerated are federal prisoners. (58% state; 34% local jails). Over 70% of federal inmates are non-violent. Annual costs of housing one inmate exceed $40,000.3

Legal Discrimination8 Employment 37 states permit (10 deny) employers to deny jobs to persons who have been arrested. 29 states have no limitations (21 have some) on licensing agencies consideration of a conviction. 36 states do not limit (14 do limit) public employers consideration of a conviction. 45 states do not limit (5 do limit) private employers consideration of a conviction. Only six states offer certificates of rehabilitation. Title VII of the Civil Rights Act (1964) and EEOC policy permit discrimination unless a “disparate impact” can be proven. “Business necessity” has proven to be a valid defense. 9

Public Assistance and Food Stamps Legal Discrimination8 Public Assistance and Food Stamps 17 states have adopted the federal ban without modification. 21 states have modified the federal ban based on sentence completion or treatment. 12 states have eliminated the ban entirely. Voting Only 2 states have no restrictions on voting rights. 48 states restrict voting rights during incarceration. 36 states extend the restriction to parole and/or probation. 12 states have a lifetime ban on voting (although 7 have provisions for “restoration of civil rights”).

Legal Discrimination8 Access to Criminal Records 33 states do not permit the expungement of convictions. 10 states do not permit the expungement of arrests. 28 states allow access to criminal records on the Internet. Access to Public Housing Only 3 states deny public housing to those with criminal records. Housing authorities in 27 states make case-by-case decisions about housing eligibility based on arrests. Access to Drivers Licenses 27 states suspend for drug convictions; 23 for other offenses. 18 states do not allow restricted licenses even for employment.

The Returnees Over 95% of inmates are released.3 80% of those released are subject to mandatory supervision.10 Only half of the jurisdictions are concerned with treatment. 3 Less than 20% are concerned with educational or vocational training. 3 Almost all ex-offenders return to their home community. 3 Nearly half have never held a job for 2 years. 3 Less than 20% are still married.7 Almost all have been socialized to prison life.11

The Social Costs Family disruption. Neighborhood deterioration.13 7 million children could claim a parent in prison, parole, or probation in 1999.12 Each was more likely to live in poverty as a result.2 Neighborhood deterioration.13 Collective efficacy deteriorates due to loss of intimacy. Criminal conduct is normalized. Churning.3 61% inmates return to prison within 2 years. Over 35% of annual incarcerations are technical violations. Only 25% of annual incarcerations are first-time new offenses.

What Works? Education14 Employment15 Recidivism drops to 14% with an associates degree. 6% with a bachelor’s degree. Texas has never had a recidivate who earned a masters. Employment15 Employment reduces recidivism, but not as dramatically. Confounded by ex-offender variability. Under-funded programs with inadequate transitional resources.