Pubdate: Fri, 6 Nov 2009
Source: Tri-State Defender (Memphis, TN)
Page: Front Page
Contact:  2009 Tri-State Defender
Website: http://tri-statedefenderonline.com/
Details: http://www.mapinc.org/media/5092
Referenced: Justice Integrity Act 
http://www.govtrack.us/congress/bill.xpd?bill=h111-1412 and 
http://thomas.loc.gov/cgi-bin/bdquery/z?d111:h1412:

MISTRUST LINKED TO RACIAL DISPARITIES IN JUSTICE SYSTEM

As a member of the House Judiciary Committee, Ninth District 
Congressman Steve Cohen testified last week before the panel's Crime 
Subcommittee on the need to examine racial disparities in the 
criminal justice system. Cohen is the author of H.R. 1412, the 
Justice Integrity Act, which would establish a pilot program to study 
the real and perceived racial and ethnic disparities in federal law 
enforcement and the criminal justice system.

The Justice Integrity Act also calls for recommendations to address 
any disparities or perceptions of bias that are found as a result of 
the study. It has been co-sponsored by 30 of Cohen's House 
colleagues, including Judiciary Chairman John Conyers (D-Mich.) 
Companion legislation has been introduced in the Senate by Senators 
Ben Cardin (D-Md.) and Arlen Specter (D-Penn.).

The original Senate sponsor of the Justice Integrity Act was 
then-Senator, and now Vice President, Joseph Biden. The bill has been 
endorsed by numerous organizations, including the American Bar 
Association, the NAACP, the ACLU, and the Brennan Center for Justice.

Excerpts from Cohen's testimony:

"Studies, reports, and case law from the last several years have 
documented racial disparities at many stages of the criminal justice 
system. This includes racial profiling of potential suspects, 
prosecutorial discretion over charging and plea bargaining decisions, 
mandatory minimum sentences, and countless other policies and 
decisions that may contribute to the disparities we see today.

"Even laws that are race-neutral on their face may lead to racially 
disparate outcomes. Our cocaine sentencing laws are one obvious 
example of this, and I commend Chairman (Bobby) (D-Va.) Scott for his 
leadership in finally addressing that issue. In addition, racial 
disparities are often the consequence of unconscious bias on the part 
of police, prosecutors, and others involved in the criminal justice 
system. That makes them no less real. It is important that we 
understand the extent of these racial disparities, the causes, and, 
most important, the solutions. We also need to determine whether our 
perception of these disparities is greater than the actual problem.

"That is why I introduced H.R. 1412, the Justice Integrity Act. This 
legislation would establish a five-year pilot program to create an 
advisory group in ten United States judicial districts headed by the 
U.S. Attorney for those districts. The advisory groups would consist 
of federal and state prosecutors and defenders, private defense 
counsel, judges, correctional officers, victims' rights 
representatives, civil rights organizations, business 
representatives, and faith-based organizations.

"The advisory groups would be responsible for gathering data on the 
presence, cause, and extent of racial and ethnic disparities at each 
stage of the criminal justice system. Each advisory group would 
recommend a plan, specific to each district, to ensure progress 
towards racial and ethnic equality. The U.S. Attorney would consider 
the advisory group's recommendations, adopt a plan, and submit a 
report to the Attorney General. The bill would require the Attorney 
General to submit a comprehensive report to Congress at the end of 
the pilot program, outlining the results from all ten districts and 
recommending best practices.

"I want to emphasize two of this bill's most important elements. 
First, it envisions an inclusive process that brings together all of 
the relevant stakeholders. Second, by establishing advisory groups 
throughout the country, it recognizes that different communities face 
different problems and require different solutions.

"Racial disparities have engendered a crisis of public trust in the 
integrity of the criminal justice system and fueled community 
perceptions of bias. When the system is perceived to be unfair 
towards racial minorities, communities can become reluctant to report 
crimes or cooperate with police and prosecutors. This reluctance to 
work with law enforcement can make it more difficult to catch 
criminals and protect the very people who distrust the justice 
system, thereby perpetuating a mistrust of the system. We must do 
what we can to end this cycle of mistrust.

"The first step is to understand the full scope of the problem we are 
facing. This hearing is critical to that endeavor. I believe the 
Justice Integrity Act would expand upon today's important hearing. It 
would also undertake a systematic process to bring together all of 
the stakeholders and develop concrete solutions. It would help 
restore public confidence in the criminal justice system and ensure 
the fair and equal treatment of all Americans."
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MAP posted-by: Richard Lake