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89 Wash. L. Rev. 1425 (2014)
Racial Impact Statements: Considering the Consequences of Racial Disproportionalities in the Criminal Justice System

handle is hein.journals/washlr89 and id is 1455 raw text is: RACIAL IMPACT STATEMENTS: CONSIDERING THE CONSEQUENCES OF RACIAL DISPROPORTIONALITIES IN THE CRIMINAL JUSTICE SYSTEM Jessica Erickson Abstract: The American criminal justice system is currently suffering from a dramatic increase in mass incarceration and staggering rates of racial disproportionalities and disparities. Many facially neutral laws, policies, and practices within the criminal justice system have disproportionate impacts on minorities. Racial impact statements provide one potential method of addressing such disproportionalities. These proactive tools measure the projected impacts that new criminal justice laws and policies may have upon minorities, and provide this information to legislators before they decide whether to enact the law. Four states currently conduct racial impact statements, and other states are considering adopting their own versions. The triggering circumstances and methods of collecting racial impact data differ among states, resulting in a great variety of racial impact statements that are actually completed. This Comment reviews current racial impact statements and suggests three improvements for states that are considering adopting them. First, racial impact statements should attach automatically to legislation without the prompting of legislators' votes. Second, states should consider developing more thorough data collection standards. Finally, more effective racial impact legislation should ensure that lawmakers address racial disproportionalities by requiring legislators to follow additional procedures when disproportionate racial impacts are projected. INTRODUCTION African Americans and Latinos account for fifty-eight percent of the United States prison population-nearly twice their accumulated representation in the general population of thirty percent.' The current rates of racial disproportionality in the criminal justice system are staggering. Racial disproportionality exists at many stages within the criminal justice system, from crime commission, to arrest, to conviction, to sentencing.2 Implicit racial biases affect each of these points in the The author initiated her research on racial impact statements as an intern with the Washington Defender Association in 2013. 1. E. ANN CARSON & WILLIAM J. SABOL, U.S. DEP'T OF JUSTICE, BUREAU OF JUSTICE STATISTICS, PRISONERS IN 2011, at 37 tbl.4 (2012), available at http://www.bjs.gov/content/pub/ pdf/p 1.pdf. 2. Justin Murray, Reimagining Criminal Prosecution: Toward a Color-Conscious Professional Ethic for Prosecutors, 49 AM. CRIM. L. REV. 1541, 1544 (2012); THE SENTENCING PROJECT, 1425