Improving Equity in Minnesota's Criminal Justice System

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Dive into the racial disparities present in the Minnesota criminal justice system, focusing on pretrial and trial stages, bail issues, and pretrial detention facts. Explore the impact on marginalized communities and the need for reform to promote fairness and justice.

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RACE AND THE LAW: HOW WE CAN IMPROVE EQUITY IN THE MINNESOTA CRIMINAL JUSTICE SYSTEM Race, Pretrial and Trial M i n n e s o t a H o u s e P u b l i c S a f e t y a n d C r i m i n a l J u s t i c e R e f o r m a n d J u d i c i a r y C o m m i t t e e s J a n u a r y 2 9 , 2 0 2 0 P e r r y M o r i e a r t y A s s o c i a t e P r o f e s s o r U n i v e r s i t y o f M i n n e s o t a L a w S c h o o l

SCOPE OF PRESENTATION 1. 1. Brief Overview of the Pretrial and Trial Brief Overview of the Pretrial and Trial Stages Stages 2. 2. Evidence of Racial Disparities in Bail Evidence of Racial Disparities in Bail and Plea Bargaining and Plea Bargaining

THE MINNESOTA CRIMINAL JUSTICE PROCESS Entry into System Prosecution and Pretrial Sentencing and Sanctions Adjudication Corrections Crime?

SOME FACTS ABOUT BAIL IN MINNESOTA [I]n our society, liberty is the norm, and detention prior to trial or without trial is the carefully limited exception. U.S. v. Salerno, 481 U.S. 739 (1987) Purposes are to protect the public and ensure re Purposes are to protect the public and ensure re- - appearance appearance A constitutional right A constitutional right (except in first (except in first- -degree murder) degree murder) May not be excessive but can be unaffordable May not be excessive but can be unaffordable Defendants often rely on bail bond companies to make Defendants often rely on bail bond companies to make bail, which charge 10% of the total bail, which charge 10% of the total Low Low- -wealth defendants and persons of color are wealth defendants and persons of color are disproportionately detained pretrial disproportionately detained pretrial BUT BUT because we lack state because we lack state- -wide data, we do not know the extent of disparities in Minnesota know the extent of disparities in Minnesota wide data, we do not Minneapolis Foundation, 2018

SOME FACTS ABOUT PRETRIAL DETENTION A national study found that those A national study found that those who are detained pretrial are who are detained pretrial are 4 times more likely 4 times more likely to receive jail time 3 times more likely 3 times more likely to go to prison More likely More likely to commit a new crime following release Less likely Less likely to appear for court if held longer than 24 hours Hennepin County Jail Harvard University Study

RACIAL DISPARTIES IN HENNEPIN COUNTY JAIL POPULATION H E N N E P I N C O U N T Y H E N N E P I N C O U N T Y P O P U L A T I O N P O P U L A T I O N ( A G E S 1 5 - 6 4 ) H E N N E P I N C O U N T Y H E N N E P I N C O U N T Y J A I L P O P U L A T I O N J A I L P O P U L A T I O N Vera Institute of Justice, 2018 African Americans make up 12% of the Hennepin County population, but 53% of jail admissions. Hennepin County Public Defender

SOME BAIL STUDIES IN OTHER STATES Nebraska ACLU of Nebraska, 2016

SOME BAIL STUDIES IN OTHER STATES New York City Vera Institute, 2014

SOME BAIL STUDIES IN OTHER STATES In large urban areas [in the In large urban areas [in the U.S.], Black felony defendants U.S.], Black felony defendants are over are over 25% more likely 25% more likely than white defendants to be than white defendants to be held pretrial. held pretrial. Prison Policy Initiative, 2019

SOME FACTS ABOUT PLEA BARGAINING Approximately 95 pleas pleas. . 95% % of of criminal criminal cases cases end end in in Defendants detained pretrial were 25 likely likely to plead guilty than those who were released. 25% % more more Studies in other states reveal that white defendants were offered more favorable deals than defendants of color. BUT BUT because we lack state-wide data, we do not know the extent of disparities in Minnesota. Hennepin County Public Defender

SOME PLEA BARGAINING STUDIES IN OTHER STATES Wisconsin A recent study of Wisconsin Circuit Courts revealed that [w]hite defendants are 25 percent more likely than black defendants to have their most serious initial charge dropped or reduced to a less severe charge. 25 percent more likely Criminalizing Race: Racial Disparities in Plea Bargaining Criminalizing Race: Racial Disparities in Plea Bargaining, , B.C. L. R B.C. L. REV EV. (2017) . (2017)