Criminal Justice Fact Sheet

The criminal justice system is heavily impacted by the bias of police mentality, as well as outdated judicial precedents.  It is largely driven by racial disparities, which directly obstruct and deconstruct our minority communities.

Origins of Modern Day Policing

The origins of our modern-day police mentality can be traced back to the “Slave Patrol”. The earliest formal slave patrol was created in the Carolinas in the early 1700s, with the following mission: to establish a system of terror in response to slave uprisings with the capacity to pursue, apprehend, and return runaway slaves to their owners, including the use of excessive force to control and produce desired slave behavior.  Slave Patrols allowed forcible entry into any home solely based on suspicions of protecting runaway slaves.  Slave Patrols continued until the end of the Civil War and the passage of the 13th Amendment. 

History Explained

---

Criminal Justice System: Law Enforcement

Background

• Law enforcement officials are responsible for the investigation of a crime and to gather evidence to identify and use against the presumed perpetrator. The presumption upon which they are supposed to operate is that individuals are suspects and innocent until proven guilty.
• As of 2018, there are 686,665 full-time employed law enforcement officials across the United States.
• The Fourth Amendment prohibits unreasonable searches and seizures and is the foundation for the protections included in our Miranda Rights: “You have the right to remain silent. Anything you say can and will be held against you in the court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”
• A Black person is five times more likely to be stopped without just cause than a white person.
• A Black man is twice as likely to be stopped without just cause than a Black woman.
• 65% of Black adults have felt targeted because of their race. Similarly, approximately 35% of Latino and Asian adults have felt targeted because of race.

Police Brutality

• 1,025 people have been shot and killed by police in the past year.
• There are somewhere between 900 and 1,100 people who are shot and killed by police in the United States each year.
• Since 2005, 98 non-federal law enforcement officers have been arrested in connection with fatal, on-duty shootings. To date, only 35 of these officers have been convicted of a crime, often a lesser offense such as manslaughter or negligent homicide, rather than murder. Only three officers have been convicted of murder during this period and seen their convictions stand. Another 22 officers were acquitted in a jury trial and nine were acquitted during a bench trial decided by a judge. 10 other cases were dismissed by a judge or a prosecutor, and in one instance no true bill was returned from a grand jury. Currently, there are 21 non-federal law enforcement officers with pending criminal cases for fatal shootings.

Public Perception of Police Brutality and Racial Bias in the Criminal Justice System

There is an obvious disparity in how the general public view fatal encounters between police and Black people. 66% said these encounters were isolated incidents.

• 84% of Black adults say white people are treated better than black people by police; 63% of white adults agree based on 2019 research on police relations.
• 87% of Black adults say the U.S. criminal justice system is more unjust towards Black people; 61% of white adults agree.
• Despite the fact that more white people have been killed by police, Black and Hispanic people are disproportionately impacted.  While white people make up a little over 60% of the population, they only make up about 41% of fatal police shootings.  Black people make up 13.4% of the population, but make up 22% of fatal police shootings.  This does not take into consideration other forms of police brutality, including non-lethal shootings.

The number of people shot to death by the police in the United States from 2017 to 2020, by race. 

Source: Statista

• 539 claims were filed during the 2018-2019 fiscal year against the Los Angeles County Sheriff’s Office related to police misconduct. Two-hundred and forty-one lawsuits were dismissed without any payments. LAPD has approximately 9,000 sworn officers.

The Effects of Police Brutality on Mental Health

• Police killings of unarmed Black Americans are responsible for more than 50 million additional days of poor mental health per year among Black Americans. This mental health burden is comparable to that associated with diabetes, a disease that strikes 1 in 5 Black Americans.
• Fatal police violence is the 6th leading cause of death for men ages 25 to 29 across all racial groups.
• The lifetime risk of dying from police violence is at its highest from ages 20 to 35, and this applies to men and women of all races.
• On average, Black Americans are exposed to four police killings of other unarmed Black Americans in the same state each year.

The Cost of Police Brutality

• While many police brutality and fatal police shootings are not prosecuted in criminal court, victims and the families of victims have been able to pursue civil judgments, which cost millions of taxpayers dollars each year.
• $175.9 million in civil judgments and claims for police-related lawsuits paid by New York City during the 2019 fiscal year. New York City has the largest police force with 36,000 members serving 8.3 million people.
• $500 million was paid out by the City of Chicago between 2004 and 2014 for police misconduct-related lawsuits.

---

Criminal Justice System: The Courts

The primary purpose of the court system is to try each case presented, render a verdict, and determine sentencing.

• Individual rights are protected by the Constitution in the court of law, such as follows;
  • The right to face your accuser
  • The right to not incriminate oneself
  • The right to counsel
  • The right to a jury trial
• The jury must be a fair cross-section of the community, which in most cases should not lead to a jury composed of a single race or gender. Batson v. Kentucky, 476 U.S. 79 (1986), was a landmark decision of the US Supreme Court ruling that a prosecutor’s use of a peremptory challenge in a criminal case — the dismissal of jurors without stating a valid cause for doing so — may not be used to exclude jurors based solely on their race.  A Batson challenge is a challenge made by one party in a case to the other party’s use of peremptory challenges to eliminate potential jurors from the jury on the basis of sex, race, ethnicity, or religion. A trial usually begins with jury selection.
• One out of every three Black boys born today can expect to be sentenced to prison, compared 1 out 6 Latino boys; one out of 17 white boys.
• Sentencing reform addresses the inequities in sentencing as a result of the court’s due process.
  • For example, Delaware lawmakers enacted Senate Bill 47, a measure that removes geographic-based sentencing enhancements – “drug-free” school zones – that disproportionately impact those living in urban areas and are known to exacerbate racially disparate sentencing outcomes. In recent years, New Jersey, Indiana, and Utah adopted legislation to scale back drug zone sentencing enhancements.
  • California lawmakers passed Senate Bill 136 to repeal the one-year sentence enhancement for each prior prison or county jail felony term. The California Department of Corrections and Rehabilitation estimated that 10,000 persons currently incarcerated were serving a sentence that included a one-year enhancement.
• 5% of illicit drug users are African American, yet African Americans represent 29% of those arrested and 33% of those incarcerated for drug offenses.
  • In the 2015 National Survey on Drug Use and Health, about 17 million white people and 4 million African Americans reported having used an illicit drug within the last month.
  • African Americans and whites use drugs at similar rates, but the imprisonment rate of African Americans for drug charges is almost 6 times that of whites.
• As of October 2016, there have been 1900 exonerations of the wrongfully accused, 47% of the exonerated were African American.
• African American defendants are 22% more likely to have convictions involving police misconduct that eventually result in exoneration.

---

Criminal Justice System: Corrections

The correctional branch of the criminal justice system involves a network of agencies that administer prisons and programs like parole and probation boards in a given jurisdiction.

• There are 3 million people in jail and prison today, far outpacing population growth and crime. Between 1980 and 2015, the number of people incarcerated increased from roughly 500,000 to 2.2. million.
• Despite making up close to 5% of the global population, the U.S. has nearly 25% of the world’s prison population.
• 32% of the US population is represented by African Americans and Hispanics, compared to 56% of the US incarcerated population being represented by African Americans and Hispanics.
  • In 2014, African Americans constituted 2.3 million, or 34%, of the total 6.8 million correctional population.
  • African Americans are incarcerated at more than 5 times the rate of whites.
  • The imprisonment rate for African American women is 2x that of white women.
  • Nationwide, African American children represent 32% of children who are arrested, 42% of children who are detained, and 52% of children whose cases are judicially waived to criminal court. African American children represent 14% of the population.
• 7% of adults in the US are under correctional supervision. That equates to one out of every 37 adults in the United States.
• In 2012 alone, the United States spent nearly $81 billion on corrections.
  • Spending on prisons and jails has increased at triple the rate of spending on Pre‐K‐12 public education in the last thirty years.
• Prisons are overpopulated. Since 1970, our incarcerated population has increased by 700%.
• Since 1991 the rate of violent crime in the United States has fallen by about 20%, while the number of people in prison or jail has risen by 50%.
• If African Americans and Hispanics were incarcerated at the same rates as whites, prison and jail populations would decline by almost 40%.
• $80 billion taxpayer dollars are spent on our current prison system, accounting for one out of every 15-state general fund discretionary dollars (2nd fastest-growing category for state budgets).

Effects of Incarceration

• Inmates are five times more likely to be infected by HIV than the general population.
• Approximately 10% to 20% of inmates suffer from a serious mental illness, which is often made worse during incarceration.
• Many of the formerly incarcerated also suffer from a loss of their rights as a result of their records:
  • In 34 states, people who are on parole or probation cannot vote.
  • In 12 states, a felony conviction means never voting again.
  • In addition, prior incarceration can affect one’s ability to secure certain federal benefits or get a job.
• The effects of incarceration are felt by the families and communities of those individuals:
  • More than one out of every six black men who today should be between 25 and 54 years old have disappeared from daily life. Incarceration and early deaths are the main drivers behind their absence.  A history of incarceration has been linked to vulnerability to disease, a greater likelihood of cigarette smoking, and even premature death. Their absence from the community removes voters, workers, taxpayers, and more.
  • Children whose parents are involved in the criminal justice system suffer from: psychological strain, antisocial behavior, suspension or expulsion from school, economic hardship, and are six times more likely to be involved in criminal activity.
  • Partners of incarcerated individuals suffer from depression and economic hardship.

COVID-19 & Infectious Diseases

• There are 68,000 (and counting) identified prison inmate cases of Covid-19.
• New cases of COVID-19 have soared across hot spots in the United States in the last few weeks – even as daily infection rates in the nation have remained flat.
• There has been a 73% increase in COVID-19 related deaths since mid-May.
• The five largest known clusters of COVID-19 virus are inside corrections institutions.
• The number of infected cases will increase, as more demonstrators and protestors against police brutality are arrested.
• Infectious diseases are highly concentrated in corrections facilities. 15% of jail inmates and 22% of prisoners – compared to 5% of the general population – are reported having tuberculosis, Hepatitis B and C, HIV/AIDS, or other STDs.

Penal Labor and Prison Industrial Complex

• The prison-industrial complex is a set of interest groups and institutions. Private prisons’ business model is contingent upon incarcerating more and more people.
• Hundreds of corporations benefit from penal labor, including some of our largest major corporations. 7% of state prisoners and 18% of federal prisoners are employed by for-profit companies.
• Wages are equivalent to less than $1 per hour in most penal labor programs with up to 12-hour workdays. The pay scale for federal prisoners is $.12 to $.40 per hour.
• In Texas, inmates are not paid for labor. The Texas penal labor system, managed by Texas Correctional Industries, is valued at $88.9 million in 2014.
• The estimated annual value of prison and jail industrial output is $2 billion.

Death Penalty

• 35% of the individuals executed under the death penalty within the last 40 years have been Black. African Americans represent only 13% of the general population. African Americans are pursued, convicted, and sent to death at a disproportionally higher rate than any other race.
• In early 2000, the percentage of Black people on death row were as follows for the states below:
  • Maryland 72%
  • Pennsylvania 63%
  • Illinois 63%
  • Alabama 46%
  • Texas 41%
  • Virginia 39%
  • California 36%
  • Florida 36%
• 66% of juveniles sentenced to death are people of color, two-thirds of the crimes committed involved white victims.
• 82% of people on death row were convicted of cases that involved white victims.

Cycle of Incarceration

• 650,000 Americans return to their communities from prison each year. About half of them will return to prison within a few years.
• Nearly 50,000 legal restrictions against people with arrest and conviction records routinely block access to jobs, housing, and educational opportunities, which significantly contributes towards high rates of increased interactions with the criminal justice system and reincarceration of people who have been released from prison.
• Nearly 75% of formerly incarcerated people are still unemployed a year after release. A lack of stable employment increases the likelihood that an individual will return to jail or prison. In fact, research has found that joblessness is the single most important predictor of recidivism.

Effects of domestic violence on children

Many children exposed to violence in the home are also victims of physical abuse.¹ Children who witness domestic violence or are victims of abuse themselves are at serious risk for long-term physical and mental health problems.² Children who witness violence between parents may also be at greater risk of being violent in their future relationships. If you are a parent who is experiencing abuse, it can be difficult to know how to protect your child.Collapse All

What are the short-term effects of domestic violence or abuse on children?

Children in homes where one parent is abused may feel fearful and anxious. They may always be on guard, wondering when the next violent event will happen.³ This can cause them to react in different ways, depending on their age:

• Children in preschool. Young children who witness intimate partner violence may start doing things they used to do when they were younger, such as bed-wetting, thumb-sucking, increased crying, and whining. They may also develop difficulty falling or staying asleep; show signs of terror, such as stuttering or hiding; and show signs of severe separation anxiety.
• School-aged children. Children in this age range may feel guilty about the abuse and blame themselves for it. Domestic violence and abuse hurts children’s self-esteem. They may not participate in school activities or get good grades, have fewer friends than others, and get into trouble more often. They also may have a lot of headaches and stomachaches.
• Teens. Teens who witness abuse may act out in negative ways, such as fighting with family members or skipping school. They may also engage in risky behaviors, such as having unprotected sex and using alcohol or drugs. They may have low self-esteem and have trouble making friends. They may start fights or bully others and are more likely to get in trouble with the law. This type of behavior is more common in teen boys who are abused in childhood than in teen girls. Girls are more likely than boys to be withdrawn and to experience depression.⁴

What are the long-term effects of domestic violence or abuse on children?

More than 15 million children in the United States live in homes in which domestic violence has happened at least once.⁵ These children are at greater risk for repeating the cycle as adults by entering into abusive relationships or becoming abusers themselves. For example, a boy who sees his mother being abused is 10 times more likely to abuse his female partner as an adult. A girl who grows up in a home where her father abuses her mother is more than six times as likely to be sexually abused as a girl who grows up in a non-abusive home.⁶

Children who witness or are victims of emotional, physical, or sexual abuse are at higher risk for health problems as adults. These can include mental health conditions, such as depression and anxiety. They may also include diabetes, obesity, heart disease, poor self-esteem, and other problems.⁷

Can children recover from witnessing or experiencing domestic violence or abuse?

Each child responds differently to abuse and trauma. Some children are more resilient, and some are more sensitive. How successful a child is at recovering from abuse or trauma depends on several things, including having:⁸

• A good support system or good relationships with trusted adults
• High self-esteem
• Healthy friendships

Although children will probably never forget what they saw or experienced during the abuse, they can learn healthy ways to deal with their emotions and memories as they mature. The sooner a child gets help, the better his or her chances for becoming a mentally and physically healthy adult.

How can I help my children recover after witnessing or experiencing domestic violence?

You can help your children by:

• Helping them feel safe. Children who witness or experience domestic violence need to feel safe.⁹ Consider whether leaving the abusive relationship might help your child feel safer. Talk to your child about the importance of healthy relationships.
• Talking to them about their fears. Let them know that it’s not their fault or your fault. Learn more about how to listen and talk to your child about domestic violence  (PDF, 229 KB).
• Talking to them about healthy relationships. Help them learn from the abusive experience by talking about what healthy relationships are and are not. This will help them know what is healthy when they start romantic relationships of their own.
• Talking to them about boundaries. Let your child know that no one has the right to touch them or make them feel uncomfortable, including family members, teachers, coaches, or other authority figures. Also, explain to your child that he or she doesn’t have the right to touch another person’s body, and if someone tells them to stop, they should do so right away.
• Helping them find a reliable support system. In addition to a parent, this can be a school counselor, a therapist, or another trusted adult who can provide ongoing support. Know that school counselors are required to report domestic violence or abuse if they suspect it.
• Getting them professional help. Cognitive behavioral therapy (CBT) is a type of talk therapy or counseling that may work best for children who have experienced violence or abuse.¹⁰ CBT is especially helpful for children who have anxiety or other mental health problems as a result of the trauma.¹¹ During CBT, a therapist will work with your child to turn negative thoughts into more positive ones. The therapist can also help your child learn healthy ways to cope with stress.¹²

Your doctor can recommend a mental health professional who works with children who have been exposed to violence or abuse. Many shelters and domestic violence organizations also have support groups for kids.¹³ These groups can help children by letting them know they are not alone and helping them process their experiences in a nonjudgmental place.¹⁴

Is it better to stay in an abusive relationship rather than raise my children as a single parent?

Children do best in a safe, stable, loving environment, whether that’s with one parent or two. You may think that your kids won’t be negatively affected by the abuse if they never see it happen. But children can also hear abuse, such as screaming and the sounds of hitting. They can also sense tension and fear. Even if your kids don’t see you being abused, they can be negatively affected by the violence they know is happening.

If you decide to leave an abusive relationship, you may be helping your children feel safer and making them less likely to tolerate abuse as they get older.¹⁵ If you decide not to leave, you can still take steps to protect your children and yourself.

How can I make myself and my children safe right now if I’m not ready to leave an abuser?

Your safety and the safety of your children are the biggest priorities. If you are not yet ready or willing to leave an abusive relationship, you can take steps to help yourself and your children now, including:¹⁶

• Making a safety plan for you and your child
• Listening and talking to your child and letting them know that abuse is not OK and is not their fault
• Reaching out to a domestic violence support person who can help you learn your options

If you are thinking about leaving an abusive relationship, you may want to keep quiet about it in front of your children. Young children may not be able to keep a secret from an adult in their life. Children may say something about your plan to leave without realizing it. If it would be unsafe for an abusive partner to know ahead of time you’re planning to leave, talk only to trusted adults about your plan. It’s better for you and your children to be physically safe than for your children to know ahead of time that you will be leaving.

Did we answer your question about the effects of domestic violence on children?

For more information about the effects of domestic violence on children, call the OWH Helpline at 1-800-994-9662 or check out the following resources from other organizations:

• About the Issue: What is child abuse?  — Fact sheet from the Joyful Heart Foundation.
• Behind Closed Doors: The Impact of Domestic Violence on Children  (PDF, 1.8 M) — Publication from the United Nations Children’s Fund (UNICEF).
• Child Abuse  — Information from KidsHealth.org.
• Childhood Domestic Violence  — Information from the Childhood Domestic Violence Association.
• Help for Families — Information about Temporary Assistance for Needy Families from the Office of Family Assistance.
• Safety for Parents  — Information from the Rape, Abuse & Incest National Network (RAINN) for parents about getting a child to safety.
• Help for Parents of Children Who Have Been Sexually Abused by Family Members  — Information from RAINN.