The Criminal Justice System and Social Exclusion: Race, Ethnicity, and Gender Proceedings of a Workshop–in Brief (2018) / Chapter Skim
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The Criminal Justice System and Social Exclusion: Race, Ethnicity, and Gender: Proceedings of a Workshop - in Brief
The Criminal Justice System and Social Exclusion: Race, Ethnicity, and Gender: Proceedings of a Workshop - in Brief
Pages 1-12
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, chair of the workshop planning committee, stated that the goal of the workshop was to find common ground to work toward a criminal justice system that avoids social exclusion through consequences "so severe or lasting as to violate one's fundamental status as a member of society." Instead, she said, the system should reflect the principles of citizenship and social justice with a "fair distribution of rights, resources and opportunities." Robert Crutchfield (University of Washington) , member of the planning committee, added that the workshop was specifically designed to explore the reasons for the disparate experiences of individuals involved with the criminal justice system by race, ethnicity, and gender, the mechanisms that cause them to persist, and what can be done through policy and practice to minimize those differences.
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She used the term "civil death" to describe the profound sense of being excluded from the normal enjoyment of public space evident in the research she highlighted. Jones-Brown also argued that the use of aggregate data by law enforcement agencies and other criminal justice personnel to identify certain places as "high crime areas" reinforces and reproduces racial inequality over time.
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Just as the growth of incarceration disparately affected black males in California, so too did the reforms, explained Raphael. Proposition 47 also narrowed racial disparities in arrests leading to booking and in average days of pretrial detention.
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Uggen explained that, as of 2016, 6 million people with criminal records nationwide had lost their voting rights. Criminal records also affect employment and educational prospects, especially for people of color.
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Geography and transportation issues compound challenges to stable employment. La Vigne described the growing evidence that race plays a larger role than a criminal record in employment.
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Ban the Box led to a small increase in callbacks for black men with records, a much larger increase in callbacks for white men with records, but a significant decrease in callbacks for black men without records. That is, Ban the Box increased racial disparities: employers appear to be assuming that black applicants are more likely to have a criminal record.
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Overall, minor offenses lead to more suspensions than they did a generation ago, and suspensions are associated with future arrests, risk of school failure, dropping out, not being accepted to college, and civic disengagement. Black students disproportionately experience school exclusion, stated Kupchik.
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She reported that multiple efforts are under way to address the needs of young adults given their vulnerability and poor outcomes, including specialized courts, caseloads, or correctional facilities. In some jurisdictions, legal provisions for young adults, such as differing parole terms or expanding the juvenile justice system to include emerging adults, are being implemented.
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Many participants, including researchers, practitioners, and others, conveyed a sense of urgency that actions are needed in addition to more research. Promising Practices and New Ideas for Policy Various participants offered several ideas for promising practices and policies that could address social exclusion in the criminal justice system.
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noted that many theories suggest that social connections are important in keeping individuals out of the criminal justice system; when the criminal justice system contributes to social exclusion, it thus also contributes to even higher crime rates. However, Jones questioned whether the criminal justice system could ever be seen as a tool of social inclusion.
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Several participants stressed the importance and challenge of getting research to the community level, including both law enforcement agencies and other people working at the local level. Clarence Cox (National Organization of Black Law Enforcement Executives)
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The statements made are those of the rapporteur or individual meeting participants and do not necessarily represent the views of all meeting participants; the planning committee; the Committee on Law and Justice; the Nathan Cummings Foundation; or the National Academies of Sciences, Engineering, and Medicine. The planning committee was responsible only for organizing the workshop, identifying the topics, and choosing speakers.
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