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How the Broken Criminal Justice System Fails Lgbt People

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How the Broken Criminal Justice System Fails Lgbt People UNJUST: HOW THE BROKEN CRIMINAL JUSTICE SYSTEM FAILS LGBT PEOPLE Condensed Version February 2016 Authors Partners This report was authored by: This report was developed in partnership with: 2 Center for American Progress Advancement Project The Center for American Progress (CAP) is a think tank Advancement Project is a next generation, multi- dedicated to improving the lives of Americans through racial civil rights organization. Rooted in the great ideas and action. CAP combines bold policy ideas with human rights struggles for equality and justice, we a modern communications platform to help shape the exist to fulfill America’s promise of a caring, inclusive national debate. CAP is designed to provide long-term and just democracy. We use innovative tools and leadership and support to the progressive movement. strategies to strengthen social movements and CAP’s policy experts cover a wide range of issue areas, achieve high impact policy change. Learn more at and often work across disciplines to tackle complex, www.advancementproject.org. interrelated issues such as national security, energy, and climate change. Forward Together Forward Together is a multi-racial, multi-issue org- Movement Advancement Project anization that is changing how we think, feel, act, The Movement Advancement Project (MAP) is an and make policy about families. Whether chosen or independent think tank that provides rigorous biological, we work to ensure that all families have research, insight, and analysis that help speed the power and resources they need to thrive. We work equality for LGBT people. MAP works collaboratively at the intersections of race, gender, and sexuality— with LGBT organizations, advocates and funders, and find ways to shift our culture and policy in the providing information, analysis and resources that areas of reproductive justice, economic justice, and help coordinate and strengthen efforts for maximum ending mass incarceration. For more information, visit impact. MAP’s policy research informs the public and www.forwardtogether.org. policymakers about the legal and policy needs of LGBT people and their families. JustLeadershipUSA JustLeadershipUSA is dedicated to cutting the U.S. correctional population in half by 2030, while reducing crime. JLUSA empowers people most affected by Contact Information incarceration to drive policy reform. Learn more at www.justleadershipusa.org. Center for American Progress 1333 H Street, NW, 10th Floor Washington, DC 20005 202-682-1611 www.americanprogress.com Movement Advancement Project (MAP) 2215 Market Street Denver, CO 80205 1-844-MAP-8800 www.lgbtmap.org The full report, Unjust: How the Broken Criminal Justice System Fails LGBT People, is available at www.lgbtmap.org/criminal-justice. TABLE OF CONTENTS 3 FOREWORD ............................................................................................................................................ i THE REPORT IN HISTORICAL CONTEXT .............................................................................................. ii EXECUTIVE SUMMARY .......................................................................................................................... iii GLOSSARY .............................................................................................................................................. vi INTRODUCTION ..................................................................................................................................... 1 LGBT People are Overrepresented in the Criminal Justice System .......................................................................4 SECTION 1: ENTERING THE SYSTEM: THREE FACTORS LEAD TO INCREASED CRIMINALIZATION OF LGBT PEOPLE ....................................................................... 7 Discrimination and Stigma Force Many LGBT People Into Difficult Situations .................................................7 Problem: Family Rejection .....................................................................................................................................................7 Problem: Family Instability and Poverty ...........................................................................................................................7 Problem: Negative Experiences in the Child Welfare System ...................................................................................8 Problem: Increased Rates of Homelessness ....................................................................................................................9 Problem: Unsafe Schools .......................................................................................................................................................9 Problem: School-to-Prison Pipeline ...................................................................................................................................9 Problem: Employment Discrimination .............................................................................................................................10 Problem: Housing Discrimination and Homelessness ................................................................................................10 Problem: Healthcare Discrimination Against Transgender People .........................................................................10 Problem: Inability to Update Identity Documents .......................................................................................................10 Problem: Lack of Social Services .........................................................................................................................................11 Discriminatory Enforcement Criminalizes LGBT People’s Lives ..............................................................................11 Problem: HIV Criminalization Laws ....................................................................................................................................11 Problem: Laws Criminalizing Consensual Sex ................................................................................................................11 Problem: Drug Laws .................................................................................................................................................................13 Harmful Policing Strategies and Tactics Push LGBT People Into the Criminal Justice System ...................13 Problem: Quality-of-Life and Zero-Tolerance Policing ...............................................................................................14 Problem: Policing of Gender Norms ..................................................................................................................................14 Problem: Aggressive Enforcement of Anti-Prostitution Statutes ............................................................................15 Problem: Stop-and-Frisk .........................................................................................................................................................15 Problem: Discrimination and Violence When Seeking Assistance from Police ..................................................15 Problem: Abuse and Brutality by Law Enforcement ....................................................................................................17 SECTION 2: IN THE SYSTEM: LGBT PEOPLE ARE MORE FREQUENTLY INCARCERATED AND TREATED HARSHLY.......................................................................................... 18 Discrimination in Legal Proceedings ................................................................................................................................18 Problem: Inadequate Access to Counsel ..........................................................................................................................18 Problem: Discrimination by Judges, Prosecutors, and Court Staff..........................................................................18 Problem: Bias in Court Proceedings ...................................................................................................................................20 Problem: Bias in Sentencing .................................................................................................................................................20 Problem: Discrimination in Jury Selection and by Juries ...........................................................................................21 4 Unfair and Inhumane Treatment in Jails, Prisons, and Other Confinement Facilities ....................................21 Problem: Limited Regulation and Oversight ..................................................................................................................23 Problem: Improper Placement ............................................................................................................................................23 Problem: Harassment and Sexual Assault by Staff and Inmates .............................................................................26 Problem: Inadequate Access to Health Care ...................................................................................................................28 Problem: Poor Access to Transgender-Related Care ....................................................................................................30 Problem: Basic Needs Are Unmet .......................................................................................................................................30
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