of the jail population consists of people who have not been convicted.Vera Institute of Justice, “Bail and Pretrial.”; and Teresa Mathew, “Why New York City Created Its Own Fund to Bail People Out of Jail,” Citylab, December 1, 2017. In New York, that figure approaches 75 percent.Independent Commission on New York City Criminal Justice and Incarceration Reform, A More Just New York City (New York: Independent Commission on New York City Criminal Justice and Incarceration Reform, 2017), 25.

Bail not Jail: Grassroots organizations are stepping up to fill gaps in bail reform, with National Bail Out alone raising nearly $1 million in 2017.National Bail Out, “National Bail Out.”; and National Bail Out, “National Bail Out to #FreeBlackMommas; and #EndMoneyBail.”

$10,000

The median money bail set nationwide

$15,000

The median pre-incarceration annual income of people incarcerated in 2015Bernadette Rabuy and Daniel Kopf, “Detaining the Poor: How Money Bail Perpetuates an Endless Cycle of Poverty and Jail Time,” press release (Northampton, MA: Prison Policy Initiative, May 10, 2016).

Every

16 minutes

someone in America dies from an opioid overdose. CDC, “Understanding the Epidemic.”

Death from a

drug overdose

is up to

129x

more likely for people within the first two weeks of being released from incarceration, compared to the general population. Ingrid A. Binswanger, Marc F. Stern, Richard A. Deyo, et al., “Release from Prison—A High Risk of Death for Former Inmates,” New England Journal of Medicine 356, no. 5 (2007), 157-65.

All 50 states and the District of Columbia have passed legislation to increase layperson access to

naloxone

—a lifesaving medication that reduces the effects of an opioid overdose.Network for Public Health Law, Legal Interventions to Reduce Overdose Mortality (2017).

There is no statistically significant relationship between incarceration for drug offenses and lower rates of drug use, drug arrests, or overdose deaths.Letter from Adam Gelb, Director, Public Safety Performance Project, The Pew Charitable Trusts, to the Honorable Chris Christie, President’s Commission on Combating Drug Addiction and the Opioid Crisis, “Re: The Lack of a Relationship between Drug Imprisonment and Drug Problems,” June 19, 2017, 4.

Confidence

in the police has risen

5%

from a record-tying low of 52 percent in 2015.Jim Norman, “Confidence in Police Back at Historical Average,” Gallup, July 10, 2017.

30%

of black people

have confidence in the police in

contrast to 61 percent of white people.Jim Norman, “Confidence in Police Back at Historical Average,” Gallup, July 10, 2017.

Black people accounted for

27%

of total arrests in 2016, a rate more than double their representation in the U.S. population.Federal Bureau of Investigation, “Arrests by Race and Ethnicity: 2016,” accessed December 13, 2017; and U.S. Census Bureau, “Quick Facts: Population Estimates.”

Up to half

1 in 2

of all people killed by police in the U.S. have a

disability.Justin Ellis, “Media Missing the Story: Half of All Recent High Profile Police-Related Killings Are People with Disabilities,” The Ruderman Blog, March 8, 2016.

Mental illness

played a role in

24%

of police shootings in 2017, with black people making up 23 percent of the fatalities.“Fatal Force: Police Shootings Data 2017,” Washington Post, accessed December 13, 2017.

The number of

delinquency cases

decreased

42%

between 2005 and 2014.Sarah Hockenberry and Charles Puzzanchera, Juvenile Court Statistics 2014 (Pittsburgh, PA: National Center for Juvenile Justice, 2017), 6.

The number of

incarcerated children

decreased

50%

over the past 15 years.Jake Horowitz and Arna Carlock, “Juvenile Commitment Rate Falls by Half Nationally in 10 Years,” Pew Charitable Trusts, September 18, 2017.

Black children

are

3x

as likely to be referred to court compared to white children.OJJDP, “National Disproportionate Minority Contact Databook.”

Native American Girls

are

3x

more likely to be suspended from school than white girls.National Women’s Law Center, “2013-14 Suspension Rates for Girls of Color by State”.

Students with disabilities

are nearly

3x

more likely to be referred to law enforcement while at school than students without disabilities.Hannah Rappleye, Brenda Breslauer, Stephanie Gosk, and Kenzi Abou-Sabe, “Kids in Cuffs: Why Handcuff a Student with a Disability,” NBC, February 20, 1017.

Black students with disabilities

are nearly

3x

more likely to be arrested while at school than white students with disabilities.Hannah Rappleye, Brenda Breslauer, Stephanie Gosk, and Kenzi Abou-Sabe, “Kids in Cuffs: Why Handcuff a Student with a Disability,” NBC, February 20, 1017.

ICE ARRESTS

increased nearly

40%

with 75,000 between January and June of 2017.Tal Kopan, “ICE: Arrests Still Up, Deportations Still Down,” CNN, August 11, 2017.

The DHS FY18 budget included

$2.7 billion

to hold over

51,000

immigrants in detention every night—an increase over the 2016 record-high.Exec. Order No. 13768; U.S. Department of Homeland Security, “2018 Budget-in-Brief,” 4, last published May 23, 2017; and U.S. Department of Homeland Security, “Statement by Secretary Johnson on Southwest Border Security,” press release (Washington, DC: U.S. Department of Homeland Security, November 10, 2016).

630,000

The number of cases pending before federal immigration courts in 2017, an all time high.TRAC Immigration, “Immigration Court Filings Take Nose Dive” (2017).

86%

of Americans support the continuation of DACA.Langer Research Associates, Americans Back DACA by a Huge Margin (New York: Langer Research, 2017) (ABC News/Washington Post poll).

10 in 11 victims

of serious violent crimes do not receive assistance from victim service organizations.Lynn Langton, Use of Victim Service Agencies by Victims of Serious Violent Crime, 1993-2009 (Washington, DC: U.S. Department of Justice, Bureaus of Justice Statistics, 2011).

50 percent of white people feel “very safe” compared to 38 percent of Black people and 40 percent of Latino people.Alliance for Safety and Justice (ASJ), Crime Survivors Speak: The First-Ever National Survey of Victims’ Views on Safety and Justice, 9.

People with disabilities are

2 1/2 x

more likely to experience rape, sexual assault, aggravated assault, and robbery.Erika Harrell, Crime Against Persons with Disabilities, 2009–2014 - Statistical Tables (Washington, DC: U.S. Department of Justice, Bureau of Justice Statistics, 2016).

1 in 9 People

in prison is currently serving a

life sentence.Ashley Nellis, Still Life: America’s Increasing Use of Life and Long-Term Sentences (Washington, DC: The Sentencing Project, 2017), 5 & 7.

Black men convicted of a crime in federal court receive prison sentences that are, on average

19.1 percent

longer than similarly situated white men.United States Sentencing Commission, “Demographic Differences in Sentencing: An Update to the 2012 Booker Report,” November 14, 2017, 2.

Nationally, black people account for

41%

of all people held on death row.Death Penalty Information Center, Facts about the Death Penalty (2017), at 2.

1 in 3 adults

70 million Americans have criminal records.Half in Ten and The Sentencing Project, Americans with Criminal Records (Washington, DC: Half in Ten and The Sentencing Project, 2015).

There are more than

46,000

collateral consequences

that impact people with conviction histories and create hurdles to certain career paths.Joe Palazzolo, “5 Things to Know About Collateral Consequences,” Wall Street Journal, May 17, 2015; and Council of State Governments Justice Center, “National Inventory of Collateral Consequences of Conviction,”

Less than

15%

of incarcerated people in state prisons have completed at least some postsecondary education.This finding came out of a landmark meta-analysis of correctional education programs, covering 30 years of research—the largest ever completed. Lois M. Davis, Robert Bozick, Jennifer L. Steele, et al., Evaluating the Effectiveness of Correctional Education: A Meta-Analysis of Programs That Provide Education to Incarcerated Adults (Santa Monica, CA: RAND Corporation, 2013), 3.

6.1 million

Americans

could not vote

in 2016 because of a prior conviction.Christopher Uggen, Ryan Larson, and Sarah Shannon, “6 Million Lost Voters: State-Level Estimates of Felony Disenfranchisement, 2016,” The Sentencing Project, October 6, 2016.

The United States incarcerates

more people

—and at a higher rate—than almost any country in the world.World Prison Brief, “Highest to Lowest – Prison Population Total,”; and World Prison Brief, “Highest to Lowest – Prison Population Rate,”

States spent

$56.9 billion

on their corrections systems in 2015.The Sentencing Project, Trends in U.S. Corrections (Washington, DC: The Sentencing Project, 2017).

Women make up only

7%

of the total prison population.Carson, Prisoners in 2016 (2018), at 3.

As of 2016, black adults were imprisoned at a rate

5 x greater

than that of white adults.Eli Hager, “A Mass Incarceration Mystery: Why are Black Imprisonment Rates Going Down? Four Theories,” The Marshall Project, December 15, 2017; and BJS, Prisoners in 2016 (2018), at 8.

An estimated

5 million children

have had a parent in jail or prison.David Murphey and P. Mae Cooper, Parents Behind Bars: What Happens to Their Children (Bethesda, MD: Child Trends, 2015), 1.

95%

of elected local head prosecutors across the country are

white.Reflective Democracy Campaign, “Justice For All?: A Project by the Reflective Democracy Campaign on Who Prosecutes in America,”

An estimated

90%

of guilty verdicts are reached through

plea bargains.Walsh, “Why U.S. Criminal Courts Are So Dependent on Plea Bargaining”; and R. Schauffler, R. LaFountain, S. Strickland, et al., editors, “Court Statistics Project DataViewer,” last updated January 11, 2017.

Of all the elected prosecutors in office in February 2016,

72%

ran

unopposed

in their most recent elections.“America’s Prosecutor Problem,” Fusion

In an ACLU poll

38%

of respondents did not know district attorneys are elected, and about half thought they played a small role in the criminal justice system.ACLU of Massachusetts, “Poll: Mass. Voters Think Criminal Justice System is Biased,” press release (Boston: ACLU of Massachusetts, July 12, 2017, updated December 2017); and Michael Jonas, “ACLU Campaign to Spotlight Crucial Role of DAs,” Commonwealth, July 12, 2017.

Of the

57

candidates President Trump has nominated to fill the vacant U.S. Attorney positions, only three are women and one male candidate is black.Max Kutner, “The Trump Administration Can’t Come Up With a List of Good Black Attorneys,” Newsweek, November 11, 2017.

Amount state and county governments annually allocate to public defense:

$2.3 billion.

Amount state and county governments spend annually on criminal justice: $200 billion.Erinn Herbman and Tracey Kyckelhahn, State Government Indigent Defense Expenditures, FY 2008-2012 – Updated (Washington, DC: Bureau of Justice Statistics, 2014), 1. Also see Jonathan Pfaff, “A Mockery of Justice for the Poor,” New York Times, April 29, 2016.

77%

of black people in state prisons had a public defender or court-appointed counsel, compared to 73 percent of Latino people and 69 percent of white people.Caroline Wolf Harlow, Defense Counsel in Criminal Cases (Washington, DC: Bureau of Justice Statistics, 2000), 9.

Nearly

3/4

of county-based public defender offices have exceeded the maximum recommended limit of cases received per attorney.Donald J. Farole, Jr. and Lynn Langton, County-based and Local Public Defender Offices (Washington, DC: Bureau of Justice Statistics, 2010), 1.

There are nearly

11 million admissions

to local jails in any given year, nearly 18 times the annual number of admissions to state and federal prisons.For 2015 jail admissions data, see Minton and Zeng, Jail Inmates in 2015 (2016), 8. For 2015 prison admissions data, see Carson and Anderson, Prisoners in 2015 (2016), at 11.

60%

Unconvicted

More than three-fifths of those held in jail are unconvicted individuals who are awaiting trial, typically because they cannot make bail.Subramanian, Delaney, Roberts, et al., Incarceration’s Front Door (2015), at 4-5.

Black Americans are jailed at

4x

the rate of white Americans; in New York City, the rate is almost

12x

that of whites.Subramanian, Delaney, Roberts, et al., Incarceration’s Front Door (2015), at 4-5.

As of 2015, the average length of stay in jail was approximately

24 days

up from 14 days in 1983.https://storage.googleapis.com...

Forty states and the District of Columbia have passed

Good Samaritan laws

that provide some form of protection from arrest or prosecution for individuals who report an overdose.Network for Public Health Law, Legal Interventions to Reduce Overdose Mortality (2017).

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