Racial Disparity Initiative; A Project of the Council on Crime and Justice
Reducing Racial Disparity and Enhancing Public Safety in Minnesota’s Justice System

Reports

Defining the Disparity

1 Defining the Racial Disparity – Taking a Closer Look at Drug Related Arrests

This study investigates racial/ethnic disparities among drug related arrests in Minnesota. Using national and local data, racial/ethnic drug arrests are compared to racial/ethnic drug use (as an indirect measure of drug crime). Both the Minnesota Adult Household Survey and the National Household Survey on Drug Abuse are analyzed. The results show that the racial disparities in drug use were not near as great as the differences in arrests for drug related crimes. African Americans reported overall drug use at a rate 66% higher than Whites (primarily due to marijuana usage) but were arrested at a rate 817% higher. For African American males the reported drug use rate was 51% greater than White males, while the arrest rate was 400% higher nationally and 1000% higher in Minnesota. Results indicate that higher drug use rates are not a sufficient explanation for higher drug related arrest rates of African Americans. Recommendations for further study of arrest and drug use disparities are offered concerning individual drug-related behaviors, community-level causes, and possible causes in the criminal justice system.

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2 African American Males in the Criminal Justice System

This report collected data on the experience of African American males in the criminal justice system as part of a larger effort to examine the nature, extent, and causes of racial disparities throughout Minnesota's criminal justice system. Compared to other states, Minnesota has the greatest black-to-white disparity in imprisonment rates. In 1997 the ratio of African Americans to whites in state prison was 25.09 to 1. The report analyzes data from city police reports on arrests of 18-30 year old males and results from CCJ's Minnesota Statewide Racial Profiling Report on traffic stops. 37% of the vehicle stops in 2000 were of Blacks yet Blacks were only 18% of the population. Possible explanations of racial profiling and/or the geographic concentration of policing activity into Computer Assisted Dispatch (CAD) are discussed. The study found that, although the conviction rate for more serious crimes was similar across race/ethnicity, the conviction rate for African American males was much lower for less serious crimes such as vandalism, disorderly conduct, and drug offenses, possibly suggesting that police are making poor quality arrests for lesser crimes. Recommendations include creating alternatives for low-risk arrestees for release from detention prior to their first court appearance, increasing personnel with culturally diverse backgrounds in the criminal justice system, and filling gaps in available arrest data.

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3 Root Causes and Solutions to Disparities for Hispanics/Latinos in the Juvenile Justice System

This project was the first opportunity for service providers and Hispanic/Latino juvenile offenders to share perceptions of the root causes and solutions for racial disparities in the juvenile justice system in Minnesota. HACER completed statistical analysis using juvenile apprehension data, juvenile disposition data, and the Minnesota Student Survey. They interviewed juvenile justice service providers and conducted focus groups with Hispanic/Latino juvenile offenders. Statistical analysis indicated that Hispanic/Latino youth were over represented in the juvenile system by 227% in 1990 and by 92% in 2000. The report also identifies offenses that contributed the most to over representation of Hispanic/Latino youth and underlying factors related to delinquent and/or violent behavior of Hispanic/Latino youth. Discussion from the interviews and focus groups described disparate or unfair treatment of Hispanic/Latino youth and barriers that prevented Hispanic/Latino youth from benefiting from involvement with the juvenile justice system. Solutions include forming neighborhood justice centers, providing structured activities and training for youth, and recruiting bilingual and bicultural staff.

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4 Searching for Justice: American Indian Perspectives on Disparities in Minnesota’s Criminal Justice System

In order to better understand culturally specific concerns related to racial disparities in the criminal justice system, this study examines American Indian perspectives. Both in-depth interviews and culturally specific talking circles were used to effectively tease out the subtle nuances of this population's experience with the justice system. Results indicate that American Indians felt that the disproportionate representation of their community in the justice system was due to a multitude of factors, both internal and external. Weak ties to American Indian culture, alcohol abuse, and poor police-community relations were repeatedly discussed by interviewees. Proposed recommendations include increasing cultural awareness within the justice system, empowering American Indian communities by developing economic opportunities, and facilitating dialogue between community representatives and system stakeholders.

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5 Minnesota Statewide Racial Profiling Study

The MN Statewide Racial Profiling Study analyzes traffic stop data collected by the sixty-five law enforcement jurisdictions that voluntarily participated in the study. Data from nearly 200,000 traffic stops was collected. Results show that law enforcement officers stopped and searched Black, Latino, and American Indian drivers at greater rates than White drivers, yet found contraband on Blacks, Latinos, and American Indians at lower rates than in searches of White drivers. These disparities are particularly large for Blacks and Latinos: if officers in the participating jurisdictions had stopped drivers of all racial/ethnic groups at the same rate, approximately 18,800 fewer Blacks, 5,800 fewer Latinos, and approximately 22,500 more Whites would have been stopped in 2002. The disparities in discretionary search rates are particularly troubling given the rates contraband was found as a result of searches. Recommendations include increased community involvement and scrutiny of departmental policy and practice to address underlying causes.

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6 The Minneapolis Traffic Stop Audit

This study is a response to the Minnesota Statewide Racial Profiling Study. The Minneapolis Police Department (MPD) invited CCJ to investigate the racial disparity in the Department's traffic stops. The study utilized an institutional ethnography of the MPD's traffic stop patterns and policies to better understand the relationship of the disparity to heightened police patrol activity within minority neighborhoods. Three key findings emerged. Increased patrolling and the associated increase in traffic stops are often a response to significant external pressure to reduce crime. The distinction between traffic law enforcement stops (e.g. speeding) and investigative stops is often blurred. Law enforcement stops are often made for investigative purposes rather than expressed criminal intent. The principal recommendation calls for developing community-driven, multi-prong responses to low level offenses and hands-on training within the MPD around the interrelationship between racial issues and effective policing.

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7 Low Level Offenses in Minneapolis - An Analysis of Arrests and their Outcomes

In response to concerns of minority communities in Minneapolis, this study examines potential disparities in police actions and subsequent court outcomes for seven low level offenses: driving after revocation, driving after cancellation, no valid driver's license, disorderly conduct, loitering with intent to commit prostitution, loitering with intent to sell narcotics, and lurking with intent to commit a crime. To track cases throughout the criminal justice system both police records and court data were analyzed. Results show that a significant racial difference occurred at "the first point of contact" between police and citizens. While Blacks and Whites were arrested and cited in similar proportions, the fact that the police had greater contact with Blacks than Whites meant that Blacks were 15 times more likely to be arrested than Whites. However, Blacks were only 7 times more likely to be convicted - indicating that racial disparity, while present, is less significant during court interactions. Prior conviction history did not appear to influence court decisions. Over 70% of those charged with a low level offense had no prior felony convictions. Recommendations emphasize the necessity for examining arrest policies and increasing community involvement.

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8 A Retrospective Study of Serious Juvenile Offenders

This study was undertaken to identify and examine interventions with juvenile offenders whose criminal behavior continued into adulthood. There were several family factors consistent with later violence, including a high level of delinquency amongst siblings and strong evidence of child maltreatment. Individual factors included the early initiation of violent behavior and truancy. Child maltreatment appeared to play a large factor in later delinquency. While the findings point to the need for changes in multiple systems, they also have implications for the juvenile justice system in particular. Results suggest a need to examine the ability of the Court to move to a family-centered, case-based approach that would offer consistency in the individuals assigned to work with juvenile offenders across petitions; to examine and understand the role of assessment and evaluation within the juvenile justice system; to ensure timely processing; and to define service outcome goals.

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9 The Juvenile Offender Study – A Retrospective Analysis of Youth Offenders who Stop Offending as Adults

This study retrospectively examines the effects of the juvenile justice system on juvenile offenders who did not commit serious crimes as adults. Court data and probation records for delinquent male juveniles who had not re-offended as adults were analyzed in order to assess system interventions. In-depth interviews were conducted with a sub-sample of juveniles to examine their views on effective interventions. To provide an encompassing analysis, results were then compared to a previous 2001 study examining youth offenders who did commit serious offenses as adults. Quantitative comparison between these two studies revealed that juveniles who did not go on to commit future offenses experienced lower rates of school expulsion, less frequently used weapons during criminal acts, exhibited minimal involvement in drug related crimes and indicated minimal drug use. These juveniles were also more likely to be placed in treatment facilities and less likely to be sentenced to out-of-home placement when compared to the 2001 sample. Results from the qualitative interviews indicate that the effects of system intervention were negligible. Many youth reported feeling disenfranchised from both the juvenile justice system and their treatment process. Instead juveniles looked to life-changing personal events, such as parenthood and changed peer affiliations, as central to facilitating their life choices. Recommendations include the development and provision of more individualized treatment opportunities and encouraging juvenile offenders to change peer associations.

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10 An Analysis of the Racial Disparity in Adult Certification and Extended Juvenile Jurisdiction Cases

This study examines factors that contribute to the large numbers of African American youth represented in Extended Jurisdiction Juvenile (EJJ) or Adult Certification cases within Hennepin County. All EJJ and Adult Certification motions and dispositions that occurred during a year period were examined. Findings indicate that a juvenile's race is not a statistically significant factor in prosecutors' EJJ or Adult Certification motioning or in probation officers' recommendations. Furthermore, race was not significant when considering the disposition of EJJ or Adult Certification motioning. Instead, weapons and firearms appear to be the most influential factor in both motioning and dispositions.

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11 Reducing Disparity While Enhancing Safety

The racial disparity in Minnesota’s justice system is exceptionally high compared to other states. From arrest to imprisonment, the disparity is over twice the national average. Since the launch of its Racial Disparity Initiative (RDI) in 2000, the Council on Crime and Justice (the Council) has undertaken seventeen separate studies in a comprehensive effort to understand “why” such a large disparity exists here, in Minnesota. This report sets out the overarching key findings and recommendations that emerged from these seventeen studies.

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