{"id":4285,"date":"2018-02-02T14:26:33","date_gmt":"2018-02-02T14:26:33","guid":{"rendered":"https:\/\/cerbindefense.com\/?p=4285"},"modified":"2020-01-28T13:24:13","modified_gmt":"2020-01-28T13:24:13","slug":"new-proposition-lowers-racial-disparity-in-drug-crime-punishments","status":"publish","type":"post","link":"https:\/\/5dattorney.marketing\/staging\/cerbin\/new-proposition-lowers-racial-disparity-in-drug-crime-punishments\/","title":{"rendered":"NEW PROPOSITION LOWERS RACIAL DISPARITY IN DRUG CRIME PUNISHMENTS"},"content":{"rendered":"

NEW PROPOSITION LOWERS RACIAL DISPARITY IN DRUG CRIME PUNISHMENTS<\/h1>\n
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On behalf of\u00a0Law Office Of Scott G. Cerbin, Esq., PLLC\u00a0<\/span>posted in\u00a0New York Criminal Defense Blog<\/a>\u00a0on Friday, February 2, 2018.<\/p>\n<\/header>\n

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A new study from California has widespread implications that can reach all the way to New York. The study looked at racial disparities between blacks and whites in the criminal justice system. The study found that black defendants are less likely to have their cases dropped or dismissed, less likely to be successfully diverted, more likely to be released to another agency, and when convicted, receive the longest incarceration sentences and are the most likely to receive a prison sentence.<\/p>\n

The\u00a0December 2017 study<\/a>\u00a0showed that California\u2019s Proposition 47, which reduced certain drug-possession felonies to misdemeanors and raised the threshold for felony theft and check forging from $450 to $950 in 2014 has helped narrow the disparity between races. The gap in sentence lengths between black and whites has dropped by half in San Francisco. The felony drug arrest percentage for blacks fell from 23 percent to 9 percent as well. It also decreased the average number of days suspects were held in pre-trial detention. Blacks went from 33 days down to 18 days, while whites went from 17 to 12 days.<\/p>\n

New York stats<\/strong><\/p>\n

In 2016,\u00a018,136 people were arrested<\/a>\u00a0for marijuana possession in New York City. Blacks made up 46 percent of those arrested for marijuana, 39 percent were Hispanic, while just 10 percent were white. These arrest percentages don\u2019t match up to the percentage of people using the drug. A national study of drug use found that over 33 percent of whites and nearly 28 percent of blacks reported using marijuana over the past year. For non-white New Yorkers, marijuana arrests more often lead to conviction.<\/p>\n

Case characteristics that impact outcomes<\/strong><\/p>\n

All of these differences in case characteristics help determine whether to pursue a case, what charges to file and sentencing outcomes:<\/p>\n