On Selective Prosecution: Amicus Brief of NAACP & ACLU (1996)

Details: By Steven R. Shapiro, Elaine R. Jones, Theodore M. Shaw, George H. Kendall, and L. Song Richardson; Parent Category: Criminal Justice and Racism; Category: Criminal Law, Generally; 24 November 2019; Hits: 35735

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MICHIGAN SUPREME COURT TASK FORCE ON RACIAL/ETHNIC ISSUES IN THE COURTS, FINAL REPORT, DEC. 1989

The Task Force was created on September 15, 1987 by the Michigan Supreme Court. The Task Force focused its investigations on seven major areas: judicial behavior, court treatment, court employment practices, ethics, attorney behavior, criminal justice and jury processes. The Michigan Supreme Court Task Force was the first of its kind in the nation.

The Commission was created after the Michigan Supreme Court Citizens' Commission to Improve Michigan Courts called for the creation of task forces on gender and racial/ethnic issues in the courts in 1986. The Citizens' Commission had found that a significant and disturbing perception existed among Michigan citizens: Over one-third believed that individuals were discriminated against in the Michigan court system on the basis of their gender, race or ethnic origin.

The task force held public hearings in eight cities throughout the state. In addition, it surveyed a random sample of 900 attorneys who practiced in the courts. The response rate was 45.6%. It also conducted a survey of 574 judges with an overall response rate of 45%.

FINDINGS

That trial judges should be encouraged to implement the Batson standard on their own initiative in any jury selection process in which peremptory challenges appear to be racially motivated.

RECOMMENDATIONS

The Michigan Supreme Court should conduct a study similar to that done in the felony sentencing project of actual bail practices to investigate the question of disparity in bail practices by race, ethnicity, gender, economic class and region and to establish a process to develop recommendations in the event that disparity is statistically shown.

Current analysis of sentencing should include factors relating to the impact of and interrelationship of:a. misdemeanor convictions and sentences

b. race, ethnic background and gender of the judge

c. race, ethnic background and gender of the victim

d. race, ethnic background and gender of the defendant

e. guideline departures

All judges should receive an analysis of their own sentencing practices on an annual basis.

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Race, Racism and the Law
Vernellia R. Randall
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