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."