« "Aging Prisoners Shackle State Budgets" | Main | Federal prosecutors righteously undo convictions based on FBI agent's misdeeds »

November 9, 2014

Minnesota judges say we must admit "we have a problem with race" in the criminal justice system

Kevin Burke, a Minnesota county district judge, has authored this provocative new commentary which was signed on to by a number of fellow judges. The piece is headlined "On race and justice system, we're still in denial," and here are excerpts:

Repeatedly, we have been confronted with compelling evidence that our community has a serious problem with racial disparity in its justice system.  Repeatedly, we have either said, “We can stop,” or we get defensive and attack the messenger.  The time has come for us to change our response.

The recent report by the American Civil Liberties Union of Minnesota (ACLU) on the racial disparities of arrests comes as no particular surprise (“ACLU: Blacks arrested more for minor crimes,” Oct. 29).  Sure, you could write off the ACLU as some leftist organization — except that its report is based on hard data.  The ACLU’s data and its analysis replicate numerous studies dating back decades about the problem of racial disparity in the justice system in our community....

[I]n 2007, the Minneapolis-based Council on Crime on Justice issued a report that found that “[t]he 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 2000, the report said, the Council on Crime and Justice “has undertaken seventeen separate studies in a comprehensive effort to understand ‘why’ such a large disparity exists here, in Minnesota.”...

We need to accept we have a problem.  All of us have a right to be safe, but protecting the public and being racially fair are not mutually exclusive.  The ACLU report is interesting, in part, because it is not focused on “serious” or “violent” crime.  There is no legitimate reason why there is a vastly disproportionate arrest rate for young black people for possession of small amounts of marijuana or for loitering.

The justice system desperately needs the trust of the public.  Community policing is premised upon community support.  But before you conclude that this is a problem with the Minneapolis police — stop.  All of the police, prosecutors, defenders, corrections officials and the community at large own a piece of the mess.  And yes, so do the elected officials — including judges.  Every one of us in the justice system bears responsibility for this problem....

There is a connection between racial disparity in the justice system and what is happening in our community.  Child protection failures, racial disparity in low-level offenses, achievement gaps in school, and yes, even violent crime and gang problems are all related. The beginning of an end to these issues starts with a collective admission that we have a problem with race.

The solutions to our problem of racial disparity in the justice system may be as intractable as our failure to acknowledge the existence of the problem, but we have no choice other than to act.  At a minimum, we need to acknowledge the cumulative nature of racial disparities. Racial disparity often builds at each stage of the justice continuum, from arrest through release from prison.  And even then it does not stop.  Employment opportunities for ex-offenders are limited.  Hennepin County has a history of very good dialogue among the justice system participants, but in order to combat racial disparity, everyone needs to commit to a systematic approach.  Without a systemic approach to the problem, gains in one area may be offset by reversals in another....

Given the persistence of the problem of racial disparity in the justice system, however, a very good case can be made that reasoned experiments to find solutions are a better alternative than continually repeating what we are presently doing — and hoping for a different result.

November 9, 2014 at 11:20 PM | Permalink

TrackBack

TrackBack URL for this entry:
https://www.typepad.com/services/trackback/6a00d83451574769e201b8d08d9184970c

Listed below are links to weblogs that reference Minnesota judges say we must admit "we have a problem with race" in the criminal justice system:

Comments

Easy for these white lawyer traitor judges to talk big. When they immunize and loose the black ultra-violent predator, most of the victims will be other black people. All black thugs freed by these horrible, heartless lawyers are to be placed in halfway houses on the block where they live.

Posted by: Supremacy Claus | Nov 9, 2014 11:40:14 PM

We have a problem with injustice in this country, and injustice of any race is injustice for all. Focusing on race in the past has resulted in keeping white prisoners in prison longer to "up the numbers", and that too, is racial injustice.

The system is broken. It needs to be fixed.

Relative of a white teen aged boy wrongfully forced into accepting an Alford plea exactly as Brian Banks was.

Posted by: L. Bremner | Nov 10, 2014 4:59:47 PM

Post a comment

In the body of your email, please indicate if you are a professor, student, prosecutor, defense attorney, etc. so I can gain a sense of who is reading my blog. Thank you, DAB