Buting ,Williams & Stilling ,S.C. | A Criminal Defense Law Firm

Call Today for a FREE Consultation

262-923-8761

24 HOUR EMERGENCY CONTACT

Less time for drug crimes cuts criminal justice race disparities

On Behalf of | Feb 15, 2018 | Criminal Defense

An unfortunate fact about our criminal justice system is that minorities are frequently sentenced to more time for the same crimes as whites. In the U.S., African-Americans, for example, make up 13.3 percent of the population but account for 38 percent of people incarcerated in state prisons, according to federal data.

That means states incarcerate African-Americans at over five times the rate of whites, even though they don’t commit five times the number of crimes. African-Americans and other minorities are arrested and convicted more often than their white peers, and also sentenced to longer terms.

What criminal justice reform could reduce these disparities? A reform passed in California four years ago may offer some clues. Proposition 47 reduced some drug-possession felonies to misdemeanors and increased the monetary threshold for felony theft and check forgery.

The result has been a substantial reduction in the sentencing gap between whites and African-Americans, according to a recent study commissioned by the San Francisco District Attorney’s Office. The study, which was performed by professors from the University of California – Berkeley and the University of Pennsylvania, also found reductions in jail bookings, cases filed and days spent in pre-trial detention by African-American defendants.

For example, before Prop 47, whites spent an average of 17.4 days in pre-trial detention, while African-Americans spent an average of 33.5 days. After Prop 47, those numbers were reduced to 12 and 18 days, respectively.

What are the roots of sentencing disparities?

According to the study, race-based sentencing disparities between whites and African-Americans can be tied to specific variables. Those include the defendant having another pending case, a prior felony conviction or a previous incarceration. Since African-Americans are arrested, charged, convicted and sentenced unfavorably compared to their white peers, these criminal history variables tend to exacerbate racial differences.

“While we do not address the cumulative effects of these disparities, it is possible to think through how small differences in the conditions of one’s case can carry over into…future cases and lead to larger disparities over time that may systematically vary by race,” the study authors say.

Prop 47’s reduction of many drug-possession crimes from felony to misdemeanor makes a real difference, although there is further to go. After Prop 47, African-Americans’ share of bookings in San Francisco dropped from 43 percent to 38. Yet African-Americans make up only 6 percent of San Francisco’s population, so there is still much more improvement necessary to end racial disparities in our criminal justice system.

Archives

FindLaw Network

“I just want to say thank you for the outstanding work you have done for him and let you know how much we appreciate the time and attention you gave to his case. We are obviously overjoyed by today’s dismissal!” (Child pornography case dismissed after motion to suppress was granted)”

“After having had time to exhale, we thank each one of you and all the others who contributed to the exemplary Supreme Court presentation. We are proud of your efforts on our behalf and, equally important, on behalf of the many present and future defendants statewide.” (Client’s comment after Supreme Court oral argument)

“Thank you. Thank you. I am so pleased to hear that we won. It doesn’t seem that it was even a close call. I appreciate your efforts.” (Oconto County defendant after Buting, Williams & Stilling got his prison sentence overturned in the court of appeals) ”

“Your time and advice was appreciated more than words can express at a time when we really needed someone to guide us.” (Client)

“The outcome was amazing, one unavailable even under identical circumstances in probably 98 percent of federal courtrooms around the country. Separate and apart from the outcome, though, I am supremely impressed by your efforts on your client’s behalf. Your comments in support of the requested sentence were perfect in tone and, having now reviewed the extensive sentencing memorandum you filed, your work in that regard was exemplary as well. Your client was certainly fortunate to have you as his attorney.” (Local federal court attorney present at a sentencing)

“I can’t thank you enough, not only for all of the tireless work that you and your staff put into my case, but for telling me what I needed to hear, at a time when I absolutely had to hear it. I consider myself blessed for everything turning out the way it did, especially since I blindly picked you out of a phone book! You helped me, my family and friends in many more ways than the money ever could.” (Child pornography client)

“I think you will find that in any circles where Kathy’s name is raised, people will always respond positively and identify her as an extremely hardworking, knowledgeable and ethical lawyer who is timely and effective with any endeavor she takes on. These circles would include colleagues, friends, prosecutors, judges, professors and others who have crossed paths with Kathy. They would also include the many lawyers like me who have referred numerous cases to Kathy, invariably with positive feedback from the clients regarding her knowledge of their case, empathy, professionalism and fair-mindedness in addressing their concerns.” (Fellow attorney)

“Thank you for giving [our son] back to us. Wonderful work!” (Family of client accused of armed robbery after charges were dismissed)

“Yes, His perfect time and perfect place, you were a part of this plan. I almost didn’t hire you, but I took a step of faith trusting Him and look what happened? Praise God. Our Lord put you in your vocation for a reason, continue to help those He brings your way. May He bless you in ALL you do!” (Client who was wrongfully convicted of sexual assault in a northwestern Wisconsin county. He was released from prison after attorneys got his conviction reversed.)

“I really cannot thank you enough for your past help. You really know your stuff. It is actually funny when I think about my other past attorney’s knowledge and then when I talk with you. It’s like night and day. You’re like a walking book of knowledge with a purpose-driven life. Thanks.” (Brown County client of attorney Buting)

“A year later and I still believe your defense is the single best example of lawyering I have ever seen.” (Television reporter commenting on attorney Buting’s defense of Steven Avery)

“You have a certain brilliance that makes me sure that when you talk, it is good information and I am in good hands. You tell it to me like it is even when the things you say are not always the things that I would like to hear. You keep it REAL!!!” (Brown County client)

“Thank you, thank you, thank you! I feel like this was one of the biggest blessings that happened in my life. I put this along with my children being born healthy and when I survived that horrific shooting. I appreciate everything you have done for me. I couldn’t ask for better lawyers. I want to say thank you to everybody at your firm. I owe you more than the fee you so rightfully deserve. … You gave me back hope. Thank you, man! Out of my 36 years … I have never seen such kindness before. I don’t know what I did to deserve this; I’m very thankful nonetheless. Thank you for giving me hope again. Thank you for your generosity. There are still some really good people around.” (Federal criminal appeal client)

“There is no other attorney I’ve ever even heard of I’d rather have as chief counsel and leader of my defense/appeals than Jerome Buting. You’re the best. Period.” (Dane County client)

“Your advice and counsel were greatly appreciated. We appreciate you taking the time on your Sunday and evenings to help us. We are SO happy about the results! Thanks again.” (Waukesha County client)

“Thank you again … for everything. Five and one-half years of commitment, so many ups and downs and an outcome like that. You did a GREAT job.” (Waukesha County felony drug offense client)