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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 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 A condensed, shorter version of this report is available online 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 .......................................................................3 SECTION 1: ENTERING THE SYSTEM: THREE FACTORS LEAD TO INCREASED CRIMINALIZATION OF LGBT PEOPLE ............................................................................. 7 Discrimination and Stigma ..................................................................................................................................................9 Problem: Family Rejection .....................................................................................................................................................9 Problem: Family Instability and Poverty ...........................................................................................................................11 Problem: Negative Experiences in the Child Welfare System ...................................................................................12 Problem: Increased Rates of Homelessness ....................................................................................................................16 Problem: Unsafe Schools .......................................................................................................................................................18 Problem: School-to-Prison Pipeline ...................................................................................................................................21 Problem: Employment Discrimination .............................................................................................................................25 Problem: Higher Rates of Unemployment and Poverty ............................................................................................27 Problem: Housing Discrimination and Higher Rates of Homelessness.................................................................28 Problem: Healthcare Discrimination Against Transgender People .........................................................................31 Problem: Inability to Update Identity Documents .......................................................................................................31 Problem: Lack of Social Services .........................................................................................................................................33 Summary: How Discrimination Leads to Criminalization ..........................................................................................33 Discriminatory Enforcement of Laws ...............................................................................................................................37 Problem: HIV Criminalization Laws ....................................................................................................................................37 Problem: Laws Criminalizing Consensual Sex ................................................................................................................39 Problem: Drug Laws .................................................................................................................................................................41 Summary: How Discriminatory Enforcement Leads to Criminalization ...............................................................44 Harmful Policing Strategies and Tactics ..........................................................................................................................44 Problem: Quality-of-Life and Zero-Tolerance Policing ...............................................................................................44 Problem: Policing of Gender Norms ..................................................................................................................................46 Problem: Aggressive Enforcement of Anti-Prostitution Statutes ............................................................................49 Problem: Stop-and-Frisk .........................................................................................................................................................51 Problem: Discrimination and Violence When Seeking Assistance from Police ..................................................55 Problem: Abuse and Brutality by Law Enforcement ....................................................................................................59 Summary: How Policing Strategies and Tactics Lead to Criminalization ..............................................................63 Recommendations .................................................................................................................................................................63 SECTION 2: IN THE SYSTEM: LGBT PEOPLE ARE MORE FREQUENTLY INCARCERATED AND TREATED HARSHLY.......................................................................................... 67 Data about LGBT People in the Criminal Justice System ..........................................................................................67 LGBT Youth ..................................................................................................................................................................................67 LGBT Adults .................................................................................................................................................................................69 4 LGBT Undocumented Immigrants ......................................................................................................................................70 Portrait of the Criminal Justice System ............................................................................................................................72 Adults in the Criminal Justice System ..............................................................................................................................72 Youth in the Juvenile Justice System .................................................................................................................................73 Immigration
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