Racial Justice
We cannot let colorblindness become myopia which masks the reality that many "created equal" have been treated within our lifetimes as inferior both by the law and by their fellow citizens. -- Justice Brennan
The Brennan Center for Justice seeks to advance core values of democracy and justice. Our research, policy development and advocacy focus on systemic reform that would combat lasting legacies of discrimination and inequality. We pursue a broad range of initiatives inspired by the goal of securing racial justice.
In the criminal justice system, our work includes efforts to:
- Reform sentencing disparities
- End unfair fees and fines
- Improve Indigent Defense
- Diversify the Criminal Justice Bench
- End Racial profiling
- Promote a Community Oriented Defender Network
In the Civil Courts, we work to:
- Improve court access for those facing foreclosure, who are disproportionately lower-income/minorities
- Ensure language access (translation services) for all citizens
- Advocate for a national right to counsel in civil cases with high-stakes outcomes
In addition, our work to eliminate racial disparities in our election system includes efforts to:
- Fully restore voting rights following criminal conviction
- Block onerous voter ID laws, voter purges and challenges (like “voter caging”) that have a disproportionate impact on minority and lower-income voters
- Defend the Voting Rights Act
- Oppose, in court when necessary, national redistricting measures that will disempower minority communities
with Garima Malhotra
introduction by Charles Ogletree
DeWolfe v. Richmond (Amicus Brief)
The Brennan Center participated as a friend of the court in an important right to counsel case pending before Maryland’s highest court, which will determine how early in a criminal case counsel must be provided to a low-income person facing criminal charges.
Duncan et al. v. State of Michigan (Amicus Brief)
The Brennan Center, along with the National Association of Criminal Defense Lawyers, the NAACP Legal Defense & Educational Fund, and the Constitution Project, filed an amicus brief in a case before the Michigan Supreme Court case that seeks to address the constitutional insufficiency of the state's indigent defense system.
The Ninth Circuit held that Washington's criminal disenfranchisement law violates the Voting Rights Act. The decision is the first in the country to find that, due to racial discrimination in the state's criminal justice system, the felony disenfranchisement law results in the denial of the right to vote on account of race.
Lifting a Barrier to Reentry in Maryland
The Maryland legislature this week took an important step toward helping formerly incarcerated individuals reintegrate successfully into society. In the final hours of the legislative session, it passed a bill that promises to reform a significant financial burden the state has placed on persons on parole.
Access to Federal Agencies Should Not Hinge on English Language Ability
This month, the Attorney General instructed the head of every executive agency to take immediate action to ensure that the agency is able to communicate with the people it serves, regardless of English language ability. In order to serve its customers, the federal government must be able to communicate with them. As the Attorney General wrote, “[e]vents such as the H1N1 influenza pandemic, Hurricanes Katrina and Rita, the Gulf oil spill, and the 2010 Decennial Census highlight the need for federal agencies to ensure language access.”
This week, Congress made two important advances involving two key pieces of criminal justice legislation that are part of the Brennan Center’s criminal justice advocacy efforts.
Illustrations by Risko
New York’s Felon Voting Bar has Deep Roots in Jim Crow
A new study of New York’s constitutional history traces the state’s current felony disenfranchisement law to a century-long effort to keep African-American citizens out of the voting booth.
Governor Kaine chooses not to restore the right to vote in Virginia
VA Governor Tim Kaine announced today that he will not use his executive powers before leaving office to restore voting rights to 300,000 Virginians who do not have the right to vote because they were once convicted of a crime. Governor Kaine’s decision leaves these citizens without the right to vote even though they have returned to the community and completed all terms of their sentence.
Large Number of People Who Face Foreclosures Don’t Have a Lawyer
New York - A new in-depth study by the Brennan Center for Justice released Oct. 6, 2009, shows that disturbing numbers of families face foreclosure proceedings without the aid of legal counsel.
Brennan Center Weighs in on DHS Plan for Communicating with LEP Individuals
In response to an announcement earlier this month that the Department of Homeland Security (DHS) is drafting a plan to provide limited English proficient (LEP) individuals with access to DHS services, the Brennan Center submitted comments urging the agency to provide interpreters in immigration and citizenship interviews.
Testimony to Maryland House of Delegates on Fixing Parole Fee Exemption System
Testimony before the Maryland House of Delegates’ Judiciary Committee in support of a bill that would ensure that indigent parolees are exempt from paying a supervision fee.
Statement by Nicole Austin-Hillery on the Senate passage of the Fair Sentencing Act
The Brennan Center has supported a complete elimination of the inequalities in sentencing for crack and powder cocaine offenses, and is hopeful that the Senate Passage of the Fair Sentencing Act (at a reduced, but not eliminated ratio) will not be the final chapter in the overall fight to bring about parity in sentencing and an ending to this type of discrimination.
Community Oriented Defender Network | Spring 2010 Update
The COD Network is taking strides to address racial disparities in the criminal justice system and expand the Network’s reach. Read about our latest efforts to improve justice for indigent defendants and new opportunities for collaboration.
Rachel Maddow Speaks about felony disenfranchisement
MSNBC’s Rachel Maddow speaks about Virginia Governor McDonnell’s new requirement to require people convicted of non-violent felonies to write an essay in order to get their voting rights restored..