REPORTS SAY WISC. AND U.S. FACE RACIAL INJUSTICES IN
SENTENCING

Two recent reports said there is excessive sentencing and racial
inequalities in the criminal justice system across the country,
including in Wisconsin.

Two recent reports said there is excessive sentencing and racial
inequalities in the criminal justice system across the country,
including in Wisconsin.

A report released last week from the criminal justice research group
JFS said the prison population is currently 1.5 million in the United
States. Wisconsin had a prison population of over 21,000 in 2005,
according to the state Department of Corrections.

The JFS report stated that the U.S. prison population in 1970 was
196,429, and also said the crime rate is still similar to 1973.

The reason for the surge in the prison population, the JFS report
said, is that prison sentences have become longer over the past 30
years and less serious crimes are more likely to result in prison terms.

The report also said one-third of black males, one-sixth of Latino
males and one in 17 white males will go to prison during their lives.

The JFS report comes after a study issued in August by the Wisconsin
Sentencing Commission, which performed a study on the characteristics,
including race and age, of offenders and looked at the length and type
of sentence they received.

Overall, the WCS study said racial disparities, when present, were
typically found in sentence types, with minorities more likely to
receive prison time in Wisconsin than whites. Sentence lengths were
less affected by race, according to the WSC study.

The disparity increased as the seriousness of the offense decreased,
the WSC study said, with the percentage of white offenders who
received probation for less serious drug offenses larger than the
percentage of minority offenders.

Reactions to the WCS study and the conclusions that can be drawn from
it are mixed.

"Disparities in sentencing maybe be due to multiple issues, some of
which-such as criminal record, employment history and educational
background-can also be correlated with race," said Tom Basting,
president of the attorney organization the Wisconsin Bar Association
in a statement.

According to the Wisconsin Supreme Court decision made in State vs.
Gallion, judges may consider factors that are relevant to the
sentencing. Factors that might be considered are previous offenses,
nature of the crime, educational background and employment history.

Basting said possible inequalities in sentencing are likely
unintentional. "Racial disparities in Wisconsin's criminal justice
system are most likely the result of institutionalized defects rather
than malicious intent," Basting said.

Basting said that Wisconsin should use the WSC study to focus on the
societal factors that lead to possible disparate treatment.

Others are critical of the state justice system itself and said
factors related to race are not the issue.

State Sen. Lena Taylor, D-Milwaukee, said despite some factors outside
the state justice system that could contribute to inequalities, the
discrepancies between sentences still exist.

"It is evident that sentencing decisions, particularly involving drug
charges, are riddled with disparate treatment," Taylor said. Taylor
said some who saw the study are unwilling to directly acknowledge the
problems.

"The data paints a powerful picture. We've just got to be honest
enough to see it," Taylor said.

Multiple members of the Wisconsin Sentencing Commission contacted were
unwilling to publicly comment on the study due to its subject matter.

Members of the Wisconsin Black Student Union at UW-Madison also had
varied opinions about what could be causing the disparity.

"Crime, particularly drug deals, tend to happen outdoors in minority
communities, so they are caught and brought to court more often," said
WBSU Vice President Crystal Ikanih.

WBSU member Keyneisha McNealey said there are many possible factors
for the discrepancy and it would be difficult to "pinpoint" one factor.

The JFS report said that decriminalizing recreational drugs,
shortening sentences and parole terms, alternative punishments and
more help for released inmates are actions that could halve the U.S.
prison population.

According to the JFS report, if the recommendations are undertaken
they could save the U.S. government $20 billion.

The WCS study said similar measures would be needed in
Wisconsin.

Multiple members of the BSU said that fair sentencing is crucial, but
it could only be realized if all members of the criminal justice
system are involved.

"It needs to start with law enforcement and the community," Ikanih
said.