Excerpt from Alexander's
The New Jim Crow:
Quote:
[...] Numerous studies have shown that prosecutors interpret and respond to identical criminal activity differently based on the race of the offender. One widely cited study was conducted by the San Jose Mercury News. The study reviewed 700,000 criminal cases that were matched by crime and criminal history of the defendant. The analysis revealed that similarly situated whites were far more successful than African Americans and Latinos in the plea bargaining process; in fact, "at virtually every stage of pretrial negotiation whites are more successful than nonwhites."
The most comprehensive studies of racial bias in the exercise of prosecutorial and judicial discretion involve the treatment of juveniles. These studies have shown that youth of color are more likely to be arrested, detained, formally charged, transferred to adult court, and confined to secure residential facilities than their white counterparts. A report in 2000 observed that among youth who have never been sent to a juvenile prison before, African Americans were more than six times as likely as whites to be sentenced to prison for identical crimes. A study sponsored by the US DoJ and several of the nation's leading foundations, published in 2007, found that the impact of the biased treatment is magnified with each additional step into the criminal justice system. African American youth account for 16% of all youth, 28% of all juvenile arrests, 35% of the youth waived to adult criminal court, and 58% of youth admitted to state adult prison. A major reason for these disparities is unconscious and conscious racial biases infecting decision making. In the state of Washington, for example, a review of juvenile sentencing reports found that prosecutors routinely described black and white offenders differently. Blacks committed crimes because of internal personality flaws such as disrespect. Whites did so because of external conditions such as family conflict.
That's from her discussion of
Armstrong v US, in which the public defenders assigned to his case challenged (and lost) the equality of the federal crack prosecutions. In the years prior to taking Armstrong's case they'd noticed that every single person they were assigned to defend over the last year had been a minority (53 cases over 3 years, 38 were black, 5 hispanic, 0 white).
They sought to obtain records showing that whites were being unfairly shunted to the state system in which the penalties for crack were less severe. In support they offered affidavits and a list of 2000+ people charged in the prior year with federal crack violations. All but 11 were black, none were white. Their motions for discovery were denied because the Supreme Court ruled that the onus was on the defendant to show that a similarly situated white defendant who should have been tried in federal court but was not was necessary to prove the claim that the selective enforcement of the law makes it discriminatory. This is, obviously, a catch-22 since the discovery they were seeking is what is necessary to prove such a claim.
Anyway, it's thorough and well sourced, even she ascribes an intent to the lawmakers that, IMO, wasn't there.