New legislation would create commission for racial disparities in criminal justice

By Tashi McQueen
Afro
https://afro.com/

Maryland Public Defender Natasha Dartigue and Maryland Attorney General Anthony Brown recently testified in support of State Del. Charlotte Crutchfield’s (D-Md.-19) bill to create a commission on racial disparities in Maryland’s criminal justice system. 

At the top of a House Judiciary hearing in Annapolis, Md., on March 6, Crutchfield, Brown and Dartigue spoke to the importance of creating a commission that could help pinpoint the issues within Maryland’s criminal justice system, which largely incarcerates Black males.

“House Bill 1423 seeks to establish a commission to examine racial disparities in the state’s criminal justice system and to recommend policy solutions to address the disparate treatment of African Americans, Hispanics and other non-White ,” said Crutchfield during the bill hearing. “Maryland’s correctional facilities currently exhibit stark racial disparities in their inmate demographics.”

Crutchfield pointed out that although Black Marylanders make up about 30 percent of the state’s population, they account for 71 percent of those incarcerated in Maryland. As well, she highlighted that Maryland has the nation’s highest percentage of Black people in prisons when compared to the general population.

“Comprehensive data and analysis of those disparities are essential to effectively addressing the harmful consequences of mass incarceration, which is devastating communities and profoundly impacted individuals and families,” said Crutchfield. “The Commission will examine these disparities at every stage of the criminal justice system, from policing to prosecution and sentencing.”

The bill will also study potential reforms, including modifications to the possible abolition of the state’s felony murder doctrine in cases where individuals had no clear intent to commit murder.

The commission would include two members from the Maryland Senate, appointed by the president of the Senate; two members from the House of Delegates, appointed by the speaker of the House; judicial and legal representatives; several community advocate representatives; the attorney general and the Maryland public defender.

The commission, if passed, is a direct recommendation from the Maryland Equitable Justice Collaborative (MEJC) and would support work being done in the collaborative. MEJC is a partnership between the Maryland attorney general and the Maryland public defender aimed at reducing the mass incarceration of African-American Marylanders and other marginalized groups.

“Our collaborative spent the past year studying racial disparities in mass incarceration,” said Brown. “We listened to the voices of many, including academics. In December, the collaborative approved 18 recommendations to reduce mass incarceration, including a call for comprehensive research interracial and geographic disparities in Maryland prisons.”

Brown highlighted that the bill will examine key policy areas, including mandatory minimum sentences, bias and risk assessments and effective alternatives for incarceration.

To the question of why this commission is needed if MEJC exists, Brown emphasized that the legislation builds on the work of the MEJC. Brown said a number of the recommendations, either four or five, require legislation. There were opposing testimonies to the bill at the hearing. 

“There is urgency in addressing the racial disparities in Maryland’s criminal justice system,” said Dartigue. “Black people are more likely to be denied bail or assigned a higher bail compared to White people. Black children make up nearly 80 percent of those tried as adults, despite being only one-third of the known youth population.”

The bill has not yet been voted out of the House Judiciary Committee.

As the Maryland General Assembly’s crossover deadline of March 17 is quickly approaching, this bill would need to pass through the House chamber by the deadline for it to have a real chance of making it to the governor’s desk this session.

“We’ve got to do something about it,” said Brown about the overrepresentation of African Americans in Maryland prisons. “No other state comes close to this racial disparity.”