THE OFFICIAL WEB SITE OF THE MADISON TIMES WEEKLY NEWSPAPER

  

 

 Candidates’ Stand on Your Issues

Dane County District Attorney

 

 

1. How can the district attorney's office work to reduce disproportionate minority confinement in Dane County?

 

 

Brian Blanchard

1. Disproportionate Minority Confinement (DMC) has deep roots in public and private institutions, both inside and outside criminal justice systems.  Given the huge disparities today in Dane County, which frankly shame us as a community, I and my colleagues in the courthouse have strong moral and ethical responsibilities to look closely to see what we can do to improve the picture and we have been doing exactly that.

      First, we are working to raise sensitivity to the issue, an important step. On Nov. 5, for example, the DA’s office, together with judges and public defender attorneys, will participate in half-day in-service sessions on the issue of attitudes and experiences regarding race. This is a first-of-its-kind training in Dane County. Then, in February 2005, we follow up with the entire staff of the DA's office, together with workers from a number of other agencies working in the criminal justice area, such as the Department of Corrections, participating in a more intensive day-long session, again a first in Dane County and perhaps in Wisconsin.

     Second, I have worked with police to reduce the potential for racial profiling of suspects and the potential for the prosecution of innocent persons. We have made it clear that racial profiling is not tolerated, and we will not pursue charges resulting from any investigation in which it appears that race may have been used as a proxy for criminality.  Similarly, we fairly but aggressively charge hate crime enhancers, punishing and deterring those who would single out someone as a crime victim based on the victim's race, gender, sexual preference, or other immutable characteristic, and sending a strong message that our criminal justice system exists to uphold the rights of all citizens.

     Third, ADA Barb Franks is midway through a focused two-year effort to identify how we can reduce DMC in our juvenile justice system. I am on active memberof this committee, which is collecting relevant data, looking at key decision points in the criminal-justice system, and assessing how the practices at those decision points may contribute to inequity. We are also engaging the broader community — educators, social workers, schools, the faith community, kids themselves — in discussions of factors that contribute to DMC.

     Fourth, I have actively supported expansion of programs that both protect the public and also build on the strengths of kids and adults who have mental illness, substance abuse problems, and other challenges, a significant percentage of whom are persons of color, to avoid jail if consistent with public safety.     We come out ahead as a community when we connect them with medication, housing, and employment or training. We need to invest more intelligently in people who are unstable, underemployed, and often homeless.  Jail and prison should not be used to warehouse persons sick with a form of mental illness.

    Finally, we have expanded the Drug Court Treatment Program (DCTP) admissions to include some offenders whose crime is possession with intent to distribute, and not merely the possession cases, and also offenders whose identified crime is a property crime, but whose problem is addiction. The small-time dealer is sometimes a young Black male who has a low educational level, sometimes with substance abuse problems. When we use DCTP to stabilize their lives into training or work and away from jail or prison, we sometimes save a life as well as reduce DMC. My opponent would "decriminalize" heroin, cocaine, and methamphetamine, making these valuable, low-level interventions impossible.

   We cannot afford to lose much of a generation of young people to cycles of crime, confinement, more crime, more confinement, and despair for their families and loved ones. Fortunately, there is widespread willingness, of which we should be proud and on which we should build, to make changes to help reduce DMC. I will continue on the projects I’ve described above, as well as continuing to be a strong advocate for more resources to fund the programs and initiatives that are proven effective in reducing DMC.  

     I thank The Madison Times for its tireless focus on these critical issues, and I ask everyone who is troubled by them to join me in advocating for the additional public resources we need to tackle them.


Sally Stix

The disproportionate minority confinement in Dane County jail and the unconscionable disparity between the number of African Americans Dane County sends to prison compared to Whites is one of the major civil rights issues of our time, locally, as well as, nationally. There is no indication that the problem has been a priority to the current district attorney.

     When the current district attorney took office in 2000, the Dane County jail population was 35 percent Black and 65 percent White and the rate of new prison admissions from Dane County was about 40 times higher for African Americans than for non-Hispanic Whites. At the end of 2003, the Dane County jail population was still 35 percent Black and 65 percent White and there remained an extreme disparity in the rate of new prison admissions from Dane County of African Americans compared to Whites.

     The United States has the world’s highest incarceration rate with African Americans imprisoned at a rate seven times higher than Whites. The guiltiest state is Wisconsin which in 2001 led the nation in the Black/White disparate incarceration rate. Dane County, as far as this disparity, is one of the worst offenders in Wisconsin. While Dane County’s population is only 4 percent African American, more than 50 percent of the people sent to prison from Dane County are African Americans.

     The relevant factors that concern me as a district attorney candidate, are the policies and practices of our criminal prosecution system which contribute to this racial disparity, even assuming it occurs without conscious prejudice or discriminatory intent. For instance, Blacks are arrested far more often than Whites for drug and property offenses. But most of the difference in imprisonment rates results from the greater likelihood of a Black person going to prison than a White person.

     The gross disparity arose in the 1980s and 90s with huge increases in arrest and prosecution of drug cases. However, the rate of drug use among Black and White adults is the same and it’s even higher for White juveniles than Black. So where is the disconnect?

     The “War on Drugs” is racist and unnecessary. “The drug war is aimed towards Blacks,” observed Jodine Deppisch, Warden of Taycheedah Correctional Institute. My research and the people I've spoken to since I have been a candidate for DA have confirmed the warden’s pointed observation. More importantly, I believe something can be done about this disparity. The majority, approximately 80 percent, of the drug arrests in Dane County are for possession. Therefore, as DA, I will immediately implement the following policies: I will not prosecute nor continue to prosecute drug possession and drug paraphernalia possession cases.  

     I believe a moratorium on prosecuting possession cases will provide an opportunity to  review our response to the systemic problems created by the unwinnable “War on Drugs,” and to begin a dialogue for change

     In addition, as district attorney, my office will keep records of all charges brought and the outcomes of prosecutions, identifying the race, age, and gender of individuals prosecuted. The records will be public documents and will provide the DA’s office with a working knowledge of progress or lack of progress in resolving the racial disparity in the criminal prosecution system in Dane County.  

     While the above changes are being implemented, the DA’s office will work with community organizations in Dane County, especially organizations in and representing communities of color, to identify the causes of the disparity and develop policies to try to mitigate it.

     The incumbent DA says he recognizes there is a problem and is working on it. However, we knew these startling statistics three years ago; the first year of his first term. What does that say about his priorities?

     Unfortunately, Dane County is one of the worst of the worst for arresting and incarcerating people of color. If we don’t acknowledge that as a major failure in our system, we won’t be able to work to create a just society. I want to create a just society — that’s why I’m running for Dane County District Attorney as a Green Party candidate. On Nov. 2, Dane County residents will have the choice to move in a new, progressive, and more just direction.