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mucifer

(23,545 posts)
Tue Jul 7, 2015, 04:09 AM Jul 2015

A Study Documents the Paucity of Black Elected Prosecutors: Zero in Most States

Source: New York Times

WASHINGTON — Sixty-six percent of states that elect prosecutors have no blacks in those offices, a new study has found, highlighting the lack of diversity in the ranks of those entrusted to bring criminal charges and negotiate prison sentences.

About 95 percent of the 2,437 elected state and local prosecutors across the country in 2014 were white, and 79 percent were white men, according to the study, which was to be released on Tuesday by the San-Francisco-based Women Donors Network. By comparison, white men make up 31 percent of the population of the United States.

The numbers are being released as debate continues about racial imbalances in the criminal justice system in the wake of police-related deaths in Ferguson, Mo.; Staten Island; and Baltimore.



“What this shows us is that, in the context of a growing crisis that we all recognize in criminal justice in this country, we have a system where incredible power and discretion is concentrated in the hands of one demographic group,” said Brenda Choresi Carter of the Women Donors Network, who led the study.



Read more: http://www.nytimes.com/2015/07/07/us/a-study-documents-the-paucity-of-black-elected-prosecutors-zero-in-most-states.html?hpw&rref=us&action=click&pgtype=Homepage&module=well-region&region=bottom-well&WT.nav=bottom-well&_r=0



I'm glad someone is doing this research
8 replies = new reply since forum marked as read
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Igel

(35,317 posts)
2. Not only is there an excuse, but it's completely predictable.
Tue Jul 7, 2015, 05:30 AM
Jul 2015

(1) Most attorneys in the US are white. Not "most are white because 72% of the US population is white." No, more than 72%. Closer to 90%. Keep in mind that the remaining 10-15% includes blacks, Asians, Latinos, and Native Americans.

If you look at recent graduating law classes, that's changing a bit. But still the results are discouraging. Many blacks are recruited to schools where they graduate in the bottom half of their class.

Now, prosecutors tend not to be green. They're seasoned lawyers. So it doesn't matter what recent graduating classes are. What matters were classes 20 years ago.

So the candidate pool is already skewed.


(2) If you're a black lawyer, various forces tend to pull you around. A lot of governors and presidents want to appoint black judges. Every black judge is one fewer black lawyer. Corporations want black lawyers for their diversity goals--where "diversity" means "looking like America now, not graduating law classes 20 or 30 years ago." And, to be honest, private practice yields more money. There's that. Judge, corporate lawyer ... prosecutor is way down on the list.


(3) If you're not into greed but social service and AA, you're more likely going to want to be a defending attorney. Not an evil prosecting attorney.

(4) Finally, there's the entire election business itself, where a lot of districts are unlikely to elect a black over a white, for various reasons. Some racist, some just "ethnic solidarity," whatever the difference is between those. In other words, not only is the candidate pool restricted, not only are there possibly more attractive financial or social service opportunities, but the set of opportunities is restricted.

thesquanderer

(11,989 posts)
6. Good points, and here's another problem with the statistics...
Tue Jul 7, 2015, 09:37 AM
Jul 2015

They are applying a national figure ("72% of the US population is white&quot to local results. How many black prosecutors would anyone expect in Idaho or Montana? Why should anyone be surprised if it's zero? Black population in those states is practically non-existent, under 1%. A number of other states they called out still have less than 5% black population, often much less (Colorado, Maine, Nebraska, Oregon, South Dakota, Vermont, Wyoming).

The article did point out one worthwhile counterpoint, though... they mention that "incumbents often serve long tenures. With 85 percent of incumbent prosecutors re-elected without opposition..." it's obviously going to take longer for change to come even in those locations where it might be sensible to expect it. Some of these people are probably in positions they have held for 30 years.

 

happyslug

(14,779 posts)
7. Some errors, one is that prosecutors have long times as prosecutors.
Tue Jul 7, 2015, 01:11 PM
Jul 2015

Most District Attorneys were hired out of Law School by whoever is the District Attorney in their home county at the time they graduate from law school. These assistant DAs work for 20-30 years till the DA who hires them retires and they run for his office. During the 20-30 years the assistant DA go to the various County BAR functions, Police functions etc and build up a network of friends and potential supporters among Judges, Fellow Attorneys, Law Enforcement officials and keep they name in the press by convicting criminals.

Most Assistant District Attorneys leave the DA's office long before the present DA decides to retire. To a degree the present DA "selects" his successor by giving him or her the better cases, cases that are not only winnable but good sound pieces in the local media. Thus among lawyers, we often know who will succeed who years before the present DA retires. This is also true of the assistant DAs in the office, they know who is on top and end up supporting that person for they like to keep their present jobs.

Given the above and the tendency of people hiring people like themselves, gives white males several legs up against any other group For example in my home county the last DA to "Retire" was elected a Judge and then his assistant, a White Woman, succeeded him. The only difference from previous successions was his assistant had been female instead of male. In fact all of the DAs in my county going bsck decades were later elected Judge and succeeded by their chief assistant as DA (All except for the present DA, were white males).

Now, support from the law enforcement community is important in electing a District Attorney (DA). Law Enforcement tends to be the domain of white males and thus tends to prefer white males. On the other hand, they also tend to go with someone they have been working with for years, and that tends to be the chief assistant of the present District Attorney (DA).

Also remember, each county has their own District Attorney (DA). Thus in my county which have Zero practicing non white attorneys, will not see a non-white DA for many more decades (and the non-white attorneys who do begin practice in my county tends to be hired by a large utility or other large company and we never see them again). This is true of most of the Counties around my home county, low number or no non white attorneys thus no non white assistant District Attorneys. That is NOT true of large urban areas but such large urban areas rarely exceed one county (Your top ten cities in the US do exceed one county, but not your "smaller" large cities, thus New York City, Chicago, Boston, Las Angles, San Francisco etc AND THEIR SUBURBS cover several counties, but smaller Cities, like Pittsburgh, Cleveland, Buffalo, tend to cover one counties, with only very minimal extension into neighboring counties.

In those smaller Cities, you may have several non-white assistant District Attorneys (DA), while all of the surrounding counties having none because most if not all of the non-white attorneys set up their practice in those smaller cities and only go to the surrounding counties if they have a case in that county. In my area that leave ONE county with a pool of non-white assistant District Attorneys to even think of running for District Attorney, and over 20 counties where the pool of potential District Attorneys (DAs) limited to white males and females (i.e. 20 counties with no non white attorneys in the local BAR).

This is the biggest problem, you have counties with several full time assistant District Attorneys to handle the case load, and more counties that hire part time attorneys for that role do to the population of the county not being large enough to justify full time assistant District Attorneys. These smaller counties tend to be almost all white.

Now, in the South you have many non-white rural counties and it is in these counties you see African American District Attorneys more then in Urban areas but it shows what I am discussing for the rest of the nation, i.e. what is the pool of not only people by lawyers and African American Attorneys tend to go to African American areas where they came from OR reach into Corporate America. The issue is the POOL of potential DAs and in much of the US that is restricted to white males. This is NOT an intentional restrictions, many of these rural BARs make an effort to make such non white lawyers comfortable, but unless they have family connections with the rural county, they do not stay, thus "preserving" the pool of white males to be District Attorney (DA).

Thus the reason for mostly white District Attorneys (DAs), is that most Counties have large white rural populations. Where there is a large non-white populations, Urban Areas and rural Hispanic, and rural African American areas, you get non-white District Attorneys (DAs). Thus it is more a product of who lives in a county then anything else and in most counties the population is overwhelmingly white.

For example Washington County Mississippi has a African American DA:

http://www.washingtoncountyms.us/district_attorney.html

Washington County Mississippi has a 71.3% African American Population for its 51,137 population:

https://en.wikipedia.org/wiki/Washington_County,_Mississippi

To Washington's North you have Bolivar County Mississippi which has an African American FEMALE DA:

http://www.co.bolivar.ms.us/#!district-attorney/cze4

Bolivar County Mississippi has a 64.5% were Black or African American, for its population of 34,145.

Both of the above Counties are along the Mississippi River and those counties tend to have overwhelming African American populations. This is true of most of those counties along the lower Mississippi River (These counties also went for Obama, as the rest of Mississippi voted GOP).

These DAs have family in those counties, they have lived in those counties since the days of slavery. This is much like Rural White populated counties, they vote for someone who is local and in most counties that is a white male.

 

Lurks Often

(5,455 posts)
3. The flip side of the coin is how many blacks run for those offices?
Tue Jul 7, 2015, 07:42 AM
Jul 2015

And that question applies to women and other minorities as well.

Given that a candidate has to be a lawyer, who specializes in criminal law, who decided against private practice AND decided to run for office, we aren't exactly looking at a wealth of candidates, regardless of race or gender.

If someone is any good at being a criminal trial lawyer, the real money is in private practice.

 

happyslug

(14,779 posts)
8. Here is two counties with African American District Attorneys:
Tue Jul 7, 2015, 01:40 PM
Jul 2015

For example Washington County Mississippi has a African American DA:

http://www.washingtoncountyms.us/district_attorney.html

Washington County Mississippi has a 71.3% African American Population for its 51,137 population:

https://en.wikipedia.org/wiki/Washington_County,_Mississippi

To Washington's North you have Bolivar County Mississippi which has an African American FEMALE DA:

http://www.co.bolivar.ms.us/#!district-attorney/cze4

The other counties along the lower Mississippi Rivers tends to have African American DAs for the same reason, these have a heavy overwhelming African American Rural Population and is along the Mississippi River where most African American DAs get elected to be DAs.

 

7962

(11,841 posts)
4. Both posts #2 & #3 make perfect sense and illustrate half assed journalism.
Tue Jul 7, 2015, 08:22 AM
Jul 2015

The article never mentions ANY of the quite valid points brought up by these posts. I'm reminded of a tinier version of this when i was in high school. There was a complaint that there were only 2 members of the flag corp that were black. There needed to be more! But only 2 had tried out. Both made the team.

marble falls

(57,097 posts)
5. Not very surprising and very shocking at the same time. Particularly since the DA's office....
Tue Jul 7, 2015, 08:46 AM
Jul 2015

is such a springboard into politics. There ought to be Bar investigation into it.

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