Rectifying Racial and Ethnic Disparities (RED) in Treatment Courts  

Treatment courts are working and there’s evidence to support it. A drug treatment court is a judicially supervised court docket that provides a sentencing alternative to incarceration for people facing drug charges and who have substance use disorders. Treatment courts support clients through recovery using judicial oversight and evidence-based treatments, reduce the likelihood of participants committing new crimes, and save communities money. However, some treatment courts have experienced racial and ethnic disparities (RED), with minoritized individuals having differential access to programs, as well as completing programs at a lesser rate than their white counterparts.  

To assist treatment courts in understanding and examining disparities in their programs, faculty and staff at American University’s (AU) School of Publics Affairs (SPA) along with subject matter experts in the field developed the Racial and Ethnic Disparities (RED) Program Assessment Tool (RED tool). The RED tool is a web-based assessment designed to examine treatment courts’ policies and procedures to determine where racial and ethnic disparities (RED) may exist in programs. It’s been four years since the RED tool was launched. During this time, over 150 treatment courts have completed the assessment. 

After completing the RED tool, some treatment courts were trying to figure out the next steps for their court to address equity and inclusion issues. Hearing the need for next steps motivated a team at AU to apply for funding to do a deeper dive with courts on RED issues. In 2022, having heard the same calls from the field, the Bureau of Justice Assistance (BJA) opened a solicitation to fund exactly this type of innovation in programming. The team at AU led by Preeti Menon and Zephi Francis, along with partners at Florida State University, Morgan State University,  the University of Central Florida, and Aeon applied for the Field Initiated solicitation and received good news in the fall of 2022. 

BJA awarded the team a grant of $1 million over a period of three years to establish the Racial and Ethnic Disparities Initiative (REDI). Through research, policy development, and training and technical assistance (TTA), REDI will work with treatment courts to understand and reduce disparities in their programs.   

“When Preeti and I found out that we received the award, we were on campus for the first time together since COVID-19 struck. On that day, we were preparing for an in-person documentary screening and panel discussion on the intersection of substance use, mental health issues, and homelessness,” REDI’s Project Director Zephi Francis said. “We knew that this project was going to be a great opportunity for us to continue the work that we both are passionate about, while advancing BJA’s priority of racial equity.”  

With this funding, the REDI team will recruit treatment courts to complete the RED tool, analyze the data, and release guidance on best practices to assist treatment court professionals with decision-making. Another component of REDI entails offering intensive TTA to treatment courts. TTA involves courts participating in multiple virtual sessions with expert faculty to discuss topics identified by the court as priority areas to make their programs more racially and ethnically inclusive. Finally, the REDI team will create online modules for treatment court professionals to learn about best practices and innovative strategies regarding RED.  

May is National Treatment Court Month. It’s a time to celebrate all the good work that treatment courts are doing. The REDI team would also encourage treatment courts to use this month as an opportunity to learn more about the RED tool, and take proactive steps to address any disparities in their programs. 

 

Can Treatment Courts Serve Those Convicted of Crimes Of Violence?

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The COVID-19 pandemic is, to date, responsible for over  91,000 US fatalities and levels of unemployment not seen since the great depression. National Social Distancing Guidelines and State Stay-At-Orders in nearly all 50 states have upended many social norms and have led to deserted streets, empty shopping malls, empty schools and college campuses, and entire companies working from home.

However, one system where the need for social distancing, large scale testing, and enhanced medical care have been largely ignored is the justice system where the dangerous conditions in prisons and jails has led to uncontained outbreaks in several facilities. Some prisons and jails have released people in attempt to allow for social distancing, but those released have primarily been those convicted of non-violent crimes.

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Quarantine Responsibly: Drinking in Self-Isolation

 

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It’s week four of sheltering-in-place. The days have long since blurred together. I’ve learned to deduce the time of day based on the contents of the cup I am slowly sipping from. The fact that it still holds coffee suggests it’s not the afternoon. Can having a “few” drinks to pass the time be considered “deviant” behavior? Possibly? Do I feel those pangs of shame that my criminology professors said would accompany breaking social norms? Not really. Perhaps I should since April is National Alcohol Awareness month which seeks to bring attention to unsafe or unhealthy drinking habits. However, it is not too unusual to use alcohol to cope with stressful and uncertain circumstances—for example, a pandemic. 

At least that’s what I tell myself. Continue reading “Quarantine Responsibly: Drinking in Self-Isolation”

Women Helped Shape Public Defense — and Now Need it More Than Ever

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Clara Shortridge Foltz photo credit Los Angeles Public Library

March is Women’s History Month and March 18th is Gideon’s Day, the 57th anniversary of the landmark case Gideon v. Wainwright that solidified the right to counsel for individuals whose liberty is at stake and who cannot afford an attorney. These commemorations have more in common than first meets the eye: women have had a distinct hand in the creation and strengthening of our public defense system, and women are increasingly in need of effective public defense themselves.

Clara Shortridge Foltz, the first woman to practice law on the West Coast, is a little-known figure, but we have her to thank for the concept of our modern public defender system. Due to the fact that defendants with means would rarely agree to female representation, Foltz represented quite a few indigent defendants. Dissatisfied with the inequities she observed, Foltz presented the idea of public defense at the Chicago World’s Fair, arguing that the right to a presumption of innocence was only possible with competent legal advice. Due to her efforts, Los Angeles opened the nation’s first public defender office in 1913, and the “Foltz Defender Bill” was enacted state-wide in 1921.

While Clara Shortridge Foltz was the first woman to play an important role in American public defense, she was not the last. Here in Washington, DC there is a local legacy of female public defense leaders. In 1968, Barbara Babcock—who later wrote Foltz’s biography—became the first director of DC’s nascent Public Defender Service (PDS), a gold standard for public defender offices in the US. PDS’s trailblazing legacy continued when Cheryl Long became the nation’s first African American woman to direct a public defender office in 1985. PDS’s current director, Avis E. Buchanan, is also an African American woman. She has received multiple awards for her leadership over the past 16 years and in 2015, the Washingtonian recognized Buchanan as one of the city’s most powerful women.

Women—and particularly women of color—remain a minority in many areas of the law today, however. Prosecutor data paints a grim picture; even with substantial gains over the past several years, 95 percent of elected prosecutors are white, 76 percent are men, and only two percent are women of color. In the 141 years after Clara Shortridge Foltz was admitted to the California Bar, California is the only state that has approached gender parity, with women making up 44 percent of prosecutors.

Gender disparities exist for people involved in the justice system as well. Today, women are the fastest growing incarcerated population in the country: between 1980 and 2017, the number of women in prison and jail grew by 750 percent, a growth rate twice as high as men’s. Once again, race plays a role: the incarceration rate for African American women is twice that of white women. A recent federal report found disturbing evidence of gender disparities in punishment within prison as well: for the same rule violations, women are disciplined two to three times more often than men. Transgender women are five times more likely to be sexually assaulted by corrections staff than the greater incarcerated population. Unfortunately, women’s incarceration has particularly wide-reaching ripple effects: 80 percent of women in jails are mothers, most of whom are primary caretakers. As the number of incarcerated women rises, these familial consequences multiply.

Effective representation can help counteract these consequences. With roughly four out of five defendants in the US unable to afford a private attorney, this responsibility falls largely on the shoulders of public defense. As the Prison Policy Initiative stressed in their 2018 recommendations to address gender disparities, “Public defense is particularly important for women who have limited financial resources to afford private attorneys.”

There is much to celebrate on the 57th anniversary of Gideon v. Wainwright, including the work of several female public defense pioneers. As we also mark Women’s History Month, however, let’s remember that as we continue to push for an effective and empowered public defense system, women need good public defense more than ever.

Building Awareness of Human Trafficking Beyond the Stereotypes

silhouette of man standingOn a recent trip through one of America’s busiest airports, I noticed a series of arresting posters. They were hard not to notice. Among the standard signage directing passengers to gates and terminals hung imposing scenes of women in various positions of restraint with copy that urged travelers to be vigilant about survivors of human trafficking. A young, white woman behind bars, an unseen person physically covering the mouth of another woman, a set of bound hands. The images certainly capture attention, but they tell an incomplete story and promote dangerous stereotypes about human trafficking (some of which I mentioned in a previous blog).

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Drug Treatment Courts Should Take Notice of Evolving Views on Marijuana Legalization and Decriminalization

A marijuana leaf. Marijuana decriminalization and legalization is not a new issue. In one way or another, policy makers have been grappling with it since the 1970s. With election politics starting to heat up in the run-up to the 2020 presidential elections, the issue is again being thrust into the spotlight. The vast majority of democratic candidates have taken positions and proposed policies that – to differing degrees – seek to reform the way the US criminal justice system sanctions recreational marijuana use.[1]

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Spring is a Time for Renewal and for Second Chances

Graphic for National Second Chance Month. It’s finally spring and April – a month our criminal justice community has dedicated as Second Chance Month. At JPO, we join our community in bringing attention to the importance of second chances and the need to ensure that those impacted by the criminal justice system gain opportunities to restore their voting rights, find employment, get a driver’s license, have their record(s) expunged, and more. Continue reading “Spring is a Time for Renewal and for Second Chances”