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Cohen Introduces Legislation to Address, Prevent Racial Disparities in the Criminal Justice System

January 17, 2014

[WASHINGTON, DC] – Congressman Steve Cohen (TN-09) this week introduced two bills, the Justice Integrity Act and the Byrne/JAG Program Accountability Act, to help address, reduce, and prevent racial disparities in the United States’ criminal justice system. The Congressman’s bills, which he also introduced in previous Congresses, are aimed at identifying racial and ethnic disparities, examining their causes, and developing plans for reducing or eliminating those unjustified disparities wherever they are found.

“From the biased use of ‘stop and frisk’ policies to the impact of unfair mandatory minimum sentences on minority communities, there is widespread evidence that racial disparities pervade our criminal justice system,” said Congressman Cohen. “These disparities undermine confidence in the system, threaten the cause of justice, and cannot continue in a society that holds fairness and equality in high regard. The ‘fierce urgency of now’ that Dr. King spoke of demands that we do everything in our power to eliminate them today. My Justice Integrity Act and Byrne/JAG Program Accountability Act will alleviate disparities when found, introduce more accountability into the process, and help restore the public’s trust in the criminal justice system.”

Additional information about the legislation that Congressman Cohen introduced this week is available below.

The Justice Integrity Act

The Justice Integrity Act would create an advisory group in each of ten United States judicial districts headed by the U.S. Attorney for that district to examine racial disparities throughout the criminal justice system and develop solutions for reducing or eliminating them. The panels 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;
  • Gather data on the presence, cause, and extent of racial and ethnic disparities at each stage of the criminal justice system; and
  • 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 program, outlining the results from all ten districts and recommending best practices.

The Byrne/JAG Program Accountability Act

Each year, the federal government distributes hundreds of millions of dollars to states and local governments through the Edward Byrne Memorial Justice Assistance Grant Program (Byrne/JAG Program). These funds support programs in a variety of areas including law enforcement, prosecution, education, and drug treatment. In return, we should ensure that these funds are not used to perpetuate racial disparities in state and local criminal justice systems.

The Byrne/JAG Program Accountability Act would require all states and localities receiving funds through the Byrne/JAG Program to implement policies and practices to identify and reduce racial and ethnic disparities within their criminal justice systems, without establishing or requiring numerical standards or quotas. Specifically, the bill would require Byrne Grant recipients to:

  • Establish coordinating bodies of relevant stakeholders to oversee and monitor efforts to reduce racial and ethnic disparities;
  • Identify and analyze key decision points in their criminal justice systems to determine which points create racial and ethnic disparities;
  • Collect and analyze data to identify where racial and ethnic disparities exist in the criminal justice system;
  • Develop and implement a work plan for reducing those disparities based on the data collected; and
  • Publicly report each year on their efforts in the above areas.
Issues:Judiciary