Racial disparities endure despite steep decline in city’s minor arrests, finds Brennan Center for Justice

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Racial disparities endure despite steep decline in city’s minor arrests, finds Brennan Center for Justice
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Black New Yorkers face the most low-level charges. Minor arrests declined in the city from 101,881 in 2016 to 48,300 in 2022.

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“They’re most likely due to the substantial criminal justice reforms in New York City like growing numbers of diversion and court alternative programs,” said the report’s coauthor Josephine Wonsun Hahn. “Which have continued across these administrations’ decriminalization efforts like marijuana, which was decriminalized in 2019 legalized in 2021. We also saw large drops in fare evasion which was moved over to civil summonses in 2018.

But Mindess says referrals often come from the same judges and defense attorneys. And reaching qualifying individuals can be challenging. The programming expedites a cumbersome process that costs the city between $2,190 to $5,896 in policing and court expenses for each misdemeanor offense.

There was also a drastic change in the percentage of low-level offense cases ending in convictions or guilty pleas, from 51% in 2016 to just 25% in 2022. Dismissals skyrocketed from 18% in 2016 to 50% in 2022. Low-level cases resolved by trial, either through a conviction or acquittal, were nominal. Why exactly remains to be seen, says Hahn.

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