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June 21, 2018

Fascinating accounting of prosecutorial role in considerable racial disparity in Florida sentencing

Back in 2016, as highlighted in this post, the Sarasota Herald-Tribune published an extraordinary series of articles in examining disparities in Florida's sentencing system under the heading "Bias on the Bench."  The paper now, working with the Florida Times-Union, has this new remarkable series under the headline "Influence & Injustice: An Investigation Into The Power Of Prosecutors."  Here is part of the lead article:

Academics and judges argue that prosecutors are the most powerful players in the criminal justice system and most to blame for bias.  But at 34 and just three years out of law school in 2016, was Bustamante really responsible for locking up black defendants for nearly quadruple the time of whites?

The Herald-Tribune and Times-Union set out to answer this question by measuring the influence of other players in the criminal justice system on cases prosecuted by Bustamante.  Those players include two powerful judges she appeared before; her former boss, Angela Corey — regarded as one of the toughest state attorneys in the nation; the Jacksonville Sheriff’s Office, which heavily polices minority communities; and residents of the city’s black neighborhoods, notorious for gun violence....

Reporters and editors spent at least 500 hours over three months opening more than 3,500 felony drug cases by hand.  The result is a first-of-its-kind spreadsheet tracking Bustamante and 22 other prosecutors based on the race of defendants, points scored under Florida’s sentencing guidelines, time spent behind bars and other factors such as possession of guns or resisting arrest.

From these records, the newspapers created two sentencing indexes: one that measures leniency and another that calculates harsh punishment.  Those indexes reveal that 43 percent of white drug defendants in Duval County were shown some sort of leniency in 2015 and 2016.  That rate falls to 27 percent for blacks.

When it comes to punitive sentences, the trend flips.  Fifteen percent of blacks received severe sentences, according to the index.  That compares to 10 percent of whites.

June 21, 2018 at 08:51 PM | Permalink

Comments

Black crime victims are under-protected, not over-protected. This is a bad design, failing to control for the 5 fold criminality of black defendants. Black criminals are under-punished, and black crime victims are under-protected, basically abandoned by the lawyer profession.

Posted by: David Behar | Jun 22, 2018 8:05:20 AM

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