DRUG SENTENCES WORSE FOR BLACKS

Hispanics, too, sent to prison more than whites, study finds

African-Americans and Hispanics convicted of drug trafficking in
Wisconsin are more likely to wind up in prison than white drug
dealers, according to a report on race and sentencing by the state
Sentencing Commission.

Compared with whites, Hispanics are 2 1/2 times as likely to be
imprisoned, while blacks are nearly twice as likely to end up behind
bars for dealing drugs, according to the report issued last month.

The amount of racial disparity found in sentences increased as the
offense severity decreased. Less severe crimes, such as drug
trafficking, robbery, burglary and third-degree sexual assault,
showed greater levels of prison/probation racial disparity than more
severe offenses such as armed robbery, sexual assault of a child and
first- and second-degree sexual assault.

"Racial disparities do exist within Wisconsin's sentencing system,"
the report concludes. "Yet the true causes of these disparities are
often difficult to identify and measure."

Poor sentencing data collection, coupled with the complex mix of
legitimate sentencing factors considered by judges, makes it
challenging to accurately discern the effect race plays in sentencing
compared with other factors, the commission concluded.

Two legislators serving on the commission disagreed over how the
report should be interpreted and used.

State Sen. Lena Taylor (D-Milwaukee), a member of the commission,
complained that the report's message was too muted.

"These disparities exist," Taylor told a reporter. "I think the
commission should have come out and said that more as a matter of
fact, more forcefully.

"They exist. Now, what are we going to do about it?"

But state Sen. Mary Lazich (R-New Berlin), another commission member,
said the report was inconclusive.

"At best, what the study found is that there could be a further look
at disparity," Lazich said. "Clearly, you can't arrive at a conclusion.

"There just really isn't enough information from that study to
convince me that we are seeing racial discrimination in sentencing."

Gov. Jim Doyle has reviewed the report and expects that the questions
raised by it will be addressed by the recently created Commission on
Reducing Disparities in the Wisconsin Justice System, according to
Carla Vigue, spokeswoman for Doyle.

The 21-member Sentencing Commission was formed in 2003 to study
sentencing patterns statewide and establish guidelines to help judges
determine how long prison terms should be under truth-in-sentencing.
Among other things, the legislation establishing the commission
required it to study and report on "whether race is a basis for
imposing sentences in criminal cases."

The commission approved the final draft of the 148-page report last
month. Data from 14,550 cases was examined for five crimes: sexual
assault of a child; sexual assault; robbery/armed robbery; burglary;
and drug trafficking.

The analysis of drug trafficking sentences focused on seven felony
classifications for peddling cocaine, heroin, amphetamines, LSD and marijuana.

In all seven classifications, a higher percentage of black offenders
received prison sentences than white offenders, according to the report.

In Class C offenses, for example, 79% of the blacks and 78% of the
Hispanics received prison terms, compared with 62% of the whites.
Examples of Class C drug offenses include selling 40 or more grams of
cocaine or 50 or more grams of heroin.

In Class E offenses, 66% of Hispanics and 61% of blacks were
imprisoned, compared with 30% of the whites sentenced. Class E drug
offenses include selling 10,000 or more grams of marijuana, 3 to 10
grams of heroin or 5 to 15 grams of cocaine.

"There are so many factors that go into sentences that I hope this
doesn't create a perception that it's all about white vs. black,"
said Douglas County District Attorney Daniel Blank, a commission
member. "On the other hand, there was an awful lot of research that
went into this, so I think that it should be an eye-opener for the
criminal justice system.

"We may need to ask ourselves whether we have a mind-set." Few
options in Milwaukee

The data also showed that drug traffickers from Milwaukee -
regardless of race - were more likely to go to prison than those
convicted of the crime elsewhere in the state.

Commission member Michael Tobin, director of the trial division in
the state Public Defender's Office, noted in a letter made as an
addendum to the report that Milwaukee does not offer treatment
options in its three drug trafficking courts, as do other jurisdictions.

One of the report's recommendations "especially in drug cases" is
establishment of treatment-oriented courts. The report also
recommends a review of the penalty scheme for drug trafficking.

"Wisconsin should study whether a race-neutral application of its
current drug policies results in a higher proportion of minorities in
prison, due to a correlation between drug preferences and race," the
report says.

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KEY FINDINGS

Racial disparity in sentences increased as the offense severity decreased.

In more serious Class C drug offenses, 79% of the blacks and 78% of
the Hispanics received prison terms, compared with 62% of the whites.

In less serious Class E drug offenses, 66% of Hispanics and 61% of
blacks were imprisoned, compared with 30% of the whites sentenced.

Among non-drug offenses, Hispanic offenders were 1.7 times as likely
as whites to receive a prison sentence, while blacks were 1.5 times
as likely as whites to go to prison.

Among all offenses examined, compared with whites, black offenders
were 1.7 times as likely to receive a prison sentence, while Hispanic
offenders were almost twice as likely to go to prison.

Men were almost 3 times as likely as women to receive a prison sentence.

Source: Wisconsin Sentencing Commission