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This chapter describes racial discrimination in the new york city criminal justice system, with particular attention paid to: the disparate racial impact of the state's drug sentencing laws; racial profiling in new york city street stops; the use of excessive force by the nypd; the overpolicing of new york city public schools and discrimination in the juvenile justice system; discrimination against women of color in prison; and the use of solitary confinement for inmates with mental health problems. 1. people of color are treated unfairly at every stage of the criminal justice process, resulting in gross racial disparities in arrest, detention, conviction and sentencing. in new york, blacks and latinos are subjected to unfair surveillance and targeting by police; inadequate defense; racially-skewed charging and plea bargaining decisions by prosecutors; and discriminatory sentencing practices. as a result of such racially discriminatory policies and practices, people of color are disproportionately represented in the criminal justice system. in new york city, the new york police department nypd ; is the primary enforcer of criminal law, with a mandate to serve and protect all new yorkers. for new yorkers of color, the population that bears the brunt of unfair treatment by the nypd, there is a deep gulf between this mandate and daily experience. 2. the excessive interface with the criminal justice system not only discriminates against people of color but also robs them of other basic human rights including the rights to work, to vote, to housing, and to keep their families intact as the natural and fundamental unit in society. racial discrimination in the criminal justice system also reinforces public stereotypes concerning the propensity of people of color to be involved in criminal activity. what is more, elected officials and other criminal justice policy-makers have failed to remedy the inequities that pervade the system. 3. the rockefeller drug sentencing laws are particularly relevant in new york because they have led to the mass incarceration of low-level, non-violent drug offenders. with no discretion given to judges who oversee drug cases, mandatory sentences are meted out solely based on the amount of drugs involved. consequently, blacks and latinos, who face higher rates of arrest for low-level drug use than whites, are disproportionately sentenced and incarcerated in new york's criminal justice system. 4. under cerd, governments may not ignore the need to secure equal treatment of all racial and ethnic groups, but rather must act affirmatively to prevent or end policies with unjustified discriminatory impacts. indeed, article 2 of cerd specifically requires that the u.s. "take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations, which have the effect of creating or perpetuating racial discrimination."376 given these protections, the continual racial discrimination perpetrated by the criminal justice system in new york city is in violation of cerd. 5. while the racially-biased application of the death penalty is well-documented, it is not addressed in this chapter because the new york court of appeals held that the state's jury instructions under the death penalty were in violation of the state's constitution and that the death and gaming club casino.
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