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Posts tagged Criminal
Race, Ethnicity and Prosecution in Milwaukee County, Wisconsin

By MacArthur Foundation

The fair and just treatment of racial and ethnic minorities at all stages of the criminal justice system is of significant importance to communities of color, practitioners, and scholars alike. Central to this discourse is a recognition of the discretionary power that prosecutors wield in shaping the outcomes of criminal cases. This includes, among other things, the decision to file or drop a case, amend the severity and number of charges, and dispose of criminal cases through plea bargaining. This report focuses on the outcomes of prosecutorial decision making in Milwaukee County, Wisconsin. Specifically, it assesses the extent to which racial and ethnic disparities exist across the following five decision points in criminal case processing: (1) Case charging; (2) Charge changes from arrest to charging; (3) Disposition type; (4) Charge changes from charging to disposition; and (5) Sentencing. We encourage the reader to interpret the results while recognizing that criminal case processing can trigger disparate outcomes for racial and ethnic minorities for a number of different reasons. Some of these reasons, such as defense attorney role and judicial discretion, are beyond the immediate control of prosecutors. At the same time, our partners are keenly aware that prosecutors can and should play a vital role in uncovering and addressing racial and ethnic disparities in the criminal justice system, and this report stems from that recognition. The intent of this report is to prompt discussion and raise questions, rather than provide definitive answers. We also want to stress that the findings presented throughout this report cannot be used to support or refute possible racial and ethnic biases. Our methodology simply does not permit that. Rather than serving as an end point, we view this report as a starting point from which to engage in meaningful discussions concerning policies and procedures that can ameliorate racial and ethnic disparities in case outcomes. Furthermore, given that prosecutorial decision making does not operate in a vacuum, certain findings direct attention to ways district attorney’s offices, the defense bar, law enforcement agencies, and the judiciary can galvanize future reform efforts. Even more importantly, continued efforts to engage with minority communities will be critical for increasing public trust in and cooperation with the criminal justice system. This report is part of a series of publications resulting from this partnership. The first report, Prosecutorial Attitudes, Perspectives, and Priorities: Insights from the Inside, was released in December, 2018. The second report, Race, Ethnicity and Prosecution in Hillsborough County, Florida, was released in July, 2019. The final report in the series, focused on prosecutorial performance indicators, will be released near the end of 2019.   

2019. 62p.

Hidden Price of Justice: Fines and Fees in DC’s Criminal Legal System

By Michael Johnson, Jr.

The use of criminal legal fines and fees to fill state and local budgetary gaps has deep roots in a history of anti-Black racism. That history is evident in Washington, DC where the regressive nature of these financial obligations and the high costs of incarceration criminalize, extract wealth, and create collateral consequences that disproportionately impact Black and low-income communities. This report details the harms of fines and fees in DC’s criminal legal system, particularly for those unable to pay, and the perverse incentives created by using fines and fees to fund core government services. The authors use interviews with four formerly incarcerated DC residents to highlight the need for systemic reforms and provide recommendations to mitigate these harms in DC.

Key Findings:

  • In federal BOP facilities, people who do not make payments towards their fines lose privileges such as access to commissary spending, denial of higher pay opportunities for work assignments, and denial of drug treatment and community-based programs.

  • D.C residents can be incarcerated for up to a year for unpaid court financial obligations.

  • The DOC and BOP require anyone with outstanding financial obligations to pay their debt in full as a condition of release, and failure to do so can result in re-incarceration.

  • Revenue from Mayor Bowser’s addition of 342 traffic cameras in 2023 is expected to double between fiscal years 2024 and 2025.

  • Criminal fines range from $100 for minor offenses to $125,000 for offenses punishable by 30 years or more.

  • Workers in local DOC facilities earn up to $.50 per hour; a 15-minute phone call is more than double the hourly earnings for someone incarcerated in local DOC facilities.

  • DOC charges a 9 percent surcharge on all commissary goods — on average, generating over $2 million annually between 2018 and 2023. 

  • The work release program in DC requires incarcerated workers to pay fees on their wages, effectively functioning as a 20 percent income tax.

Recommendations:

  • Improve transparency by investing in data systems that can collect, coordinate, and report on criminal fines and fees.

  • Eliminate incarceration and supervision-related fees.

  • Provide economic support for those with criminal legal involvement and their families.

Washington, DC: The DC Fiscal Policy Institute, 2024. 33p.