DMC with CJ System; Collateral DMC with CJ System; Collateral Consequences; and Legal and Consequences; and Legal and

Policy Relief MeasuresPolicy Relief Measures

Daryl V. Atkinson, Esq.Daryl V. Atkinson, Esq.Southern Coalition for Southern Coalition for

Social JusticeSocial Justice

Roadmap for discussionRoadmap for discussion

Define and highlight DMCDefine and highlight DMC NationallyNationally North CarolinaNorth Carolina

Define and highlight collateral Define and highlight collateral consequencesconsequences Tour C-CATTour C-CAT

Overview of SCSJ’s areas of Overview of SCSJ’s areas of advocacyadvocacy

Racial/Ethnic DisparitiesRacial/Ethnic DisparitiesDefinitionDefinition

Racial disparity exists when the Racial disparity exists when the proportion of a racial/ethnic group proportion of a racial/ethnic group within the control of the criminal justice within the control of the criminal justice system differs from the proportion of system differs from the proportion of such groups in the general population.such groups in the general population.

Illegitimate or unwarranted racial Illegitimate or unwarranted racial disparity results from the dissimilar disparity results from the dissimilar treatment of similarly situated people treatment of similarly situated people based on race. based on race.

Mass ImprisonmentMass ImprisonmentDefinitionDefinition

Mass imprisonment: refers to the high Mass imprisonment: refers to the high rate of imprisonment in the contemporary rate of imprisonment in the contemporary U.S.U.S.

Two characteristics:Two characteristics: A rate of imprisonment that is markedly above A rate of imprisonment that is markedly above

the historical and comparative norm for the historical and comparative norm for societies of this type.societies of this type.

Produces both the incarceration of individuals, Produces both the incarceration of individuals, and becomes the systematic imprisonment of and becomes the systematic imprisonment of whole groups of the population.whole groups of the population.

Mass ImprisonmentThe Data

1,512,000 people in prison.1,512,000 people in prison. 792,000 people in jail.792,000 people in jail.

Gross underestimate of the number of Gross underestimate of the number of people that come in contact with the jail people that come in contact with the jail system.system.

Yearly estimates range between 7-10 Yearly estimates range between 7-10 million people.million people.

1 in 100 adults behind bars1 in 100 adults behind bars ~2.3 million adults prison or jail~2.3 million adults prison or jail ~230 million adults in U.S. ~230 million adults in U.S.

Racial Disparities inRacial Disparities inMass ImprisonmentMass Imprisonment

Men in prison or jailMen in prison or jail All men 18 and over 1 in 54All men 18 and over 1 in 54 White men 18 and over 1 in 106White men 18 and over 1 in 106 Latino men 18 and over 1 in 36Latino men 18 and over 1 in 36 Black men 18 and over 1 in 15Black men 18 and over 1 in 15 Black men 20-34 1 in 9Black men 20-34 1 in 9

Black men are ~6% of the U.S Black men are ~6% of the U.S population but are ~39% of the male population but are ~39% of the male prison population prison population

Racial Disparities in Mass Imprisonment

Racial Disparities in Mass Racial Disparities in Mass Imprisonment North Carolina Imprisonment North Carolina

NC prison population 2012—38,890NC prison population 2012—38,890 Male—36,294Male—36,294 Female—2,596Female—2,596 Black—23,038~57%Black—23,038~57% White—14,222~35%White—14,222~35% American Indian—771~2%American Indian—771~2% Other—2,590~6%Other—2,590~6%

Racial Disparities in Mass Racial Disparities in Mass Imprisonment NC CountiesImprisonment NC Counties

Halifax—Total population=54,691Halifax—Total population=54,691 Black—53.2%Black—53.2% White—40%White—40% Prison population=321Prison population=321

Black—252~78.5%Black—252~78.5% White—64~19.9%White—64~19.9% Ratio Black to White prison population—Ratio Black to White prison population—

3.94:13.94:1 25.3% difference b/w Black prison and 25.3% difference b/w Black prison and

county populationcounty population

Mass CriminalizationDefinition

Mass criminalization: refers to the high rate of Mass criminalization: refers to the high rate of contact with the criminal justice system in the contact with the criminal justice system in the contemporary U.S.contemporary U.S.

Two characteristics:Two characteristics: A rate of contact with the criminal justice A rate of contact with the criminal justice

system that is markedly above the historical system that is markedly above the historical and comparative norm for societies of this and comparative norm for societies of this type.type.

Produces both the criminalization of Produces both the criminalization of individuals, and becomes the systematic individuals, and becomes the systematic criminalization of whole groups of the criminalization of whole groups of the population.population.

Mass CriminalizationMass CriminalizationThe DataThe Data

~ 5 million people on probation ~ 5 million people on probation or paroleor parole

At least 65 million people with a At least 65 million people with a criminal recordcriminal record

~ 230 million adults in the U.S.~ 230 million adults in the U.S. ~ 1 in 4 adults in the U.S. have a ~ 1 in 4 adults in the U.S. have a

criminal record criminal record

Mass CriminalizationMass CriminalizationThe Data NCThe Data NC

~ 104,000 people on probation ~ 104,000 people on probation or paroleor parole

At least 1.5 million people with a At least 1.5 million people with a criminal recordcriminal record

~7.3 million adults in NC~7.3 million adults in NC ~1 in 5 adults in NC have a ~1 in 5 adults in NC have a

criminal recordcriminal record

Mass CriminalizationMass CriminalizationThe DataThe Data

Racial Disparities in Mass Racial Disparities in Mass CriminalizationCriminalization

Racial Disparities in Mass Racial Disparities in Mass Criminalization North CarolinaCriminalization North Carolina

Racial Disparities in Mass Racial Disparities in Mass Criminalization North CarolinaCriminalization North Carolina

Racial Disparities in Mass Racial Disparities in Mass Criminalization North CarolinaCriminalization North Carolina

Racial Disparities in Mass Racial Disparities in Mass Criminalization North CarolinaCriminalization North Carolina

Collateral Consequences, Social Stigma, Collateral Consequences, Social Stigma, and Defacto Discriminationand Defacto Discrimination

Collateral consequencesCollateral consequences:: are the are the indirect consequences that flow from indirect consequences that flow from federal and state criminal convictions.federal and state criminal convictions. Over the past 30 years, collateral Over the past 30 years, collateral

consequences have increased in variety consequences have increased in variety and severity.and severity.

They are excluded from the criminal They are excluded from the criminal justice process.justice process.

Defendants often plead guilty without Defendants often plead guilty without knowing about them.knowing about them.

Collateral ConsequencesCollateral Consequences Examples include:Examples include:

Felon disenfranchisementFelon disenfranchisement Deportation or removal from the countryDeportation or removal from the country Loss of professional and occupational licensesLoss of professional and occupational licenses Loss of public benefitsLoss of public benefits Loss of federal financial aidLoss of federal financial aid Loss of public housingLoss of public housing Mandatory registration for people convicted of Mandatory registration for people convicted of

predatory offensespredatory offenses Loss of driver’s license Loss of driver’s license Termination of parental rightsTermination of parental rights

Collateral Consequences

In response to the concerns about In response to the concerns about collateral consequences NC IDS and NC collateral consequences NC IDS and NC SOG respond with the Collateral SOG respond with the Collateral Consequence Assessment Tool (C-CAT)Consequence Assessment Tool (C-CAT)

C-CAT is a web-based database that allows C-CAT is a web-based database that allows users to search the consequences users to search the consequences associated with specific North Carolina associated with specific North Carolina criminal offenses. criminal offenses.

The tool allows indigent defenders to The tool allows indigent defenders to advise their clients about the full advise their clients about the full ramifications of a criminal conviction. ramifications of a criminal conviction.

SCSJ Areas of Advocacy

Community outreach and education

Direct services Public policy advocacy Impact litigation

Community Outreach and Education

Every mass movement must be led Every mass movement must be led by those most intimately affected by by those most intimately affected by the oppressive systemthe oppressive system

Advocates must engage and educate Advocates must engage and educate the community to ensure that the the community to ensure that the advocacy is always connected to the advocacy is always connected to the people.people.

SCSJ provides information to SCSJ provides information to communities impacted by mass communities impacted by mass criminalization. criminalization.

Direct Services Reentry legal advocacy project– the goal is to Reentry legal advocacy project– the goal is to

provide services to low income people who have provide services to low income people who have criminal records.  criminal records. 

The project serves clients with all types of The project serves clients with all types of criminal backgrounds from simple arrests and criminal backgrounds from simple arrests and misdemeanors to multiple felony convictions.  misdemeanors to multiple felony convictions. 

Legal assistance is offered in the following areas:Legal assistance is offered in the following areas: Drivers license restorationDrivers license restoration Expunging of criminal recordsExpunging of criminal records Certificates of relief Certificates of relief Employment and occupational licensing Employment and occupational licensing

opportunitiesopportunities Child support issues related to incarcerationChild support issues related to incarceration Obtaining public benefits. Obtaining public benefits.

Direct Services:Direct Services:ExpungementExpungement

Expungement: is the legal process of Expungement: is the legal process of erasing a criminal record.erasing a criminal record.

NC does not have a blanket NC does not have a blanket expungement provision. The state expungement provision. The state expunges specific crimes if you meet expunges specific crimes if you meet certain criteria.certain criteria.

Expungement erases officical “state” Expungement erases officical “state” records however criminal record records however criminal record information may still be available via information may still be available via private databases.private databases.

ExpungementExpungement

Examples of the categories of crimes NC Examples of the categories of crimes NC will expungewill expunge Misdemeanors committed under the age of Misdemeanors committed under the age of

1818 Misdemeanor under age drinkingMisdemeanor under age drinking Misdemeanor larceny conviction over 10 Misdemeanor larceny conviction over 10

years oldyears old Charges that were dismissed or found NGCharges that were dismissed or found NG Nonviolent felonies under 18Nonviolent felonies under 18 Cyberbullying Cyberbullying

Direct Services:Certificates of Relief

Certificates of Relief from Disabilities: Certificates of Relief from Disabilities: allows sentencing courts to issue allows sentencing courts to issue orders that will relieve an individual orders that will relieve an individual from one or more collateral from one or more collateral consequences.consequences.

3 major benefits of certificates: Relieves most collateral sanctions Can be used as evidence of

rehabilitation Protects employers from negligent

hiring lawsuit

Public Policy Advocacy:Public Policy Advocacy:Ban the BoxBan the Box

Across the country advocates Across the country advocates have been encouraging cities have been encouraging cities and counties to “ban the box.”and counties to “ban the box.”

The “box” is that place on many The “box” is that place on many employment applications that employment applications that asks whether the applicant has asks whether the applicant has been convicted of a crime.been convicted of a crime.

What would a “Ban the Box” What would a “Ban the Box” ordinance accomplish? ordinance accomplish?

Remove criminal history questions from the Remove criminal history questions from the initial employment applicationinitial employment application

Create a level playing field so people with Create a level playing field so people with criminal records can be evaluated on their criminal records can be evaluated on their qualificationsqualifications

Facilitate more in-person interviewsFacilitate more in-person interviews Give people with criminal records the Give people with criminal records the

opportunity to:opportunity to: Check the accuracy of the recordCheck the accuracy of the record Explain the nature of the crimeExplain the nature of the crime Highlight any rehabilitative efforts Highlight any rehabilitative efforts

Impact Litigation

Title VII of the Civil Rights Act of 1964 Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based prohibits employment discrimination based on race, color, religion, sex, or national origin.on race, color, religion, sex, or national origin.

The U.S. Equal Employment Opportunity The U.S. Equal Employment Opportunity Commission (EEOC) enforces Title VII.Commission (EEOC) enforces Title VII.

Title VII prohibits both intentional Title VII prohibits both intentional discrimination and facially neutral policies discrimination and facially neutral policies and practices that have a disproportionate and practices that have a disproportionate impact on certain groups.impact on certain groups.

Using arrest and conviction records to screen Using arrest and conviction records to screen for employment is an example of the type of for employment is an example of the type of neutral selection criteria that invites Title VII neutral selection criteria that invites Title VII scrutiny. scrutiny.

Impact Litigation

Title VII does not wholly bar the use of Title VII does not wholly bar the use of criminal records in employment decisions.criminal records in employment decisions.

Instead, the EEOC has provided a Instead, the EEOC has provided a framework for assessing criminal records framework for assessing criminal records when making an employment decision.when making an employment decision.

When making a decision an employer When making a decision an employer must consider:must consider: The nature and gravity of the offenseThe nature and gravity of the offense The time that has passed since the convictionThe time that has passed since the conviction The nature of the job held or sought The nature of the job held or sought

Questions and contact Questions and contact informationinformation

Daryl V. AtkinsonDaryl V. Atkinson Staff AttorneyStaff Attorney Southern Coalition for Social JusticeSouthern Coalition for Social Justice Daryl@scsj.org 919-323-3380 ext.153919-323-3380 ext.153