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Race and Prosecutions

2013- 2015

AR ft e Santa Clara CounDistrict Attornevts Office

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Ros District Att

Forward

Hard questions are coming from our community and from communities across America.These questions cut to the core of one of our most basic and important values - fairness. Are webeing fair in the way criminal cases are prosecuted in our courts, and even before they get tocourt? Is our justice system fair to everyone? One study cannot answer these questions, and itcan't provide solutions to all of the problerns that it reveals. One study is a step, here in ourDistrict Attorney's Office and in our community, toward coming to grips with the troubling partsof our system where there is racial inequity. This study - which looks atrace and our adultprosecutions from 2013-2015 - ansrü/ers a few questions. It raises others. In the end, we hope thatit takes an initial but purposeful step toward a system where there is more understanding andfairness. We are committed to asking hard questions of ourselves, and providing more solutionsin the days to come.

Ç"'/'{'TL-**Jeff RosenDistrict AttomeyOctober 26,2016

2

The Core OuestÍons:

Is there racial unfairness in the way the DA's Office files criminal cases?

Our study found small differences in the filing rates of criminal cases against defendants ofdifferent races. The DA's Office files charges in about 89Yo of the misdemeanor cases reviewedand73% of felony cases reviewed regardless of the race of the suspect of the crime.

Yet there are higher percentages of Black/African American defendants and of Hispanic/Latinodefendants than those groups' percentages of the population, and a lower percentage ofAsian/Pacific Islander defendants. The representation of White/Caucasions in the population ofcriminal defendants most closely matched that group's part of the County's racial makeup.Those differences in prosecutions are important to recognize so that we can begin to address as a

broader community of law enforcement, educators, and community organizations the fact thatthe race of those arrested for crimes in our County does not mirror the racial makeup of theCounty as a whole.

Is there racial unfairness in the way we prosecute criminal cases once they are filed?

As the next stqr in this effort to study Race and Prosecutions in the Count¡ and in partnershipwith BetaGov, a non-profit that helps governmentorganizations to study and address issues, theDA's Office will be reviewing and studying the myriad of decisions that are made after a case isfiled from how we make offers of resolution at early stages to the sentences lve recoÍrmend aftertrials.

ril'hy did you study Race and Prosecutions and what were you trying to find out?

This report is an effort to answer the questions the community has been asking and that we havebeen asking ourselves. We wanted to know - not estimate, not guess, not assume -how manypeople of diffsrent races and ethnic goups we are prosecuting. And we wanted to share thatinformation with the public.

Our ability to do this kind of study is relatively new. In2}ll, the Santa ClaraCounty DistrictAttorney's Office began entering the race and gender data received from police reports andbooking information into our electronic case management systøn for all felonies and mostmisderneanors. Before that, our knowledge of the race of adult criminal defendants was limitedto our own anecdotal knowledge and the more limited collection of that data on some teams likethe Family Violence Team.

Santa Clara County has studied race and the Juvenile Justice Syston annually since2012. Thisis an effort to take a similar lons of inquiry and analysis and turn it on ourselves to try to answera key set of questions about race and our prosecutions of adults. Of course, answering somequestions aþout race and prosecutions leads to the asking of more questions. This study is thebeginning of what will be an ongoing review of these issues.

3

Background:

Demoqraphic context:

Currently, Santa Clara County's racial and ethnic breakdown is:

Race of Santa Clara County Residents(20L4 Census Data)

Black/Africa n America n, 2.90%Native American, L.3O%

Asian/Pacificlslandeç 35.40%

Wh¡te/Caucasian,33.30%

Hispanic/Latino,26.60%

4

While Santa Clara County is one of the wealthiest regions in the Country, it is also a region, likeso many others, where there is a disparity of income rimong the households from different racialor ethnic backgrounds.

MEDIAN HOUSEHOTD INCOME BY RACIAL GROUPs120,000.00

s1o0,0oo.oo

s80,000.00

560,000.00

s40,000.00

s20,000.00

5o.oo

r Black /Atrican American r Hispanic/Latino r Asian/Pacific lslander r White/Caucasían

5

Also, like many other communities, the high school dropout rates are very different for Black/African American and Hispanic/Latino students in Santa Clara County compared to White /Caucasian or Asian/ Pacific Islander students

Percent of Students Dropping out of HighSchool by Race {2014 kidsdata.org}

r6.¡ls

r6.396

tñ20.69S

l'¡r8.016

The statewíde dropout rate for all students is 1!..6% and Santa Clar¿ Csunty's dropoutrate Sor all students is 11"19ú"

For both the disparity in median household income and the differences in high school completionrates, this data from our County does not provide an answer to why there are disparities incriminal prosecutions among different ethnic and racial groups. Instead this data provides a

context for the disproportionality in the criminal justice systøn that studies have shown is part ofa broader set of disparities amongst racial groups in our County and in our country.

Findinss and Observations:

How Prosecutions Begin - Filine Criminal Charges:

Prosecutions begin with a submission to the District Attorney's Office of police reports,documents, recordings, photos and other materials. Prosecutors then review those materials todetermine whether or not to file criminal charges. That means that the suspects who are beingconsidered for the potential frling of criminal charges are those who the police agencies arrest orinvestigate.

The District Attorney's Office reviews those documents to determine

o whether a crime has been committed,o whether we know who committed the crime,o whether we can prove the case in court beyond a reasonable doubt, and,o whether prosecuting the case is the right thing to do

6

Af rican Anrerican/Black

Amerlcan lnd¡õn/Alask¡ FJative

Asian/Pacific I slar¡de r

Hispanic/Latino

Whitc/Caucasian

Othcr

Pcrct ntSônta Clarô County

Looking at the most important decision prosecutors make, whether or not to charge someonewith a crime, we see that the racial makeup of suspects in cases the DA's Office "rejects" ordeclines to prosecute is largely consistent with the racial makeup of the defendants the DA'sOffice does prosecute.

ComparÍson of Percent in each racial group for which charges are filed (2015)

The chart above shows the percentage of cases filed within eachracial or ethnic group. Overall,89Yo of all cases submitted for review as misdemeanors are filed, and that filing rate holdsconsistent across racial or ethnic groups. So, for example, White/Caucasian suspects havemisdemeanor charges filed against them in 88% of the cases reviewed by the District Attorney'sOfftce, BlacVAfrican American suspects 89Yo, and Asian/ Pacific Islander suspects 88o/o.

Hispanic/Latino suspects have charges filed9l% of the time against them, which is also closelyaligned with the overall total of 89o/o.

While the numbers are not as close as they are in the misdemeanors in the percentage of feloniesfiled in 2015 across racial and ethnic groups, they are all still close to each other and close to theoverall percentage of felonies filed at 73Yo with White/Caucasian suspects having felony chargesfiled against thern 70%o of the time on the low end and Black/African American suspects 76Yo ofthe time on the high end.

This is one area where further study would be helpful, as it raises additional questions. Does thisdata change when enhancements to crimes or special allegations are also considered? Does thisdata change when one considers the offers of resolution that are made for early pleas to similarcrimes for similarly situated defendants?

Racial composition of those prosecuted compared to the racial composition of the Countv:

The broadest measure examined was the percentages of our total prosecutions for adult feloniesand misdemeanorsl against people of different racial or ethnic groups. As discussed here, race

and ethnicity are based on the defendant's selÊidentification at booking or arrest. "IJnknown"does not mean that aperson does not know their racial or ethnic identification, but rather that thatinformation was not entered into the electronic database to tabulate these totals.

I This study only examines misdemeanors that are currently tracked by the District Attorney's Office's electroniccase management system like DUIs, petty thefts, batteries, and the like. It does not examine cit¿tions like those fordriving on a suspended license as these are not currently tracked electronically.

7

Percent of Msdemeanors Filed (2015)

White/Caucasian

Black/ AfricanAmerican

Hispanic/Latino

Asian/Pacific

Islander Unknown Other Total88o/o 890Â 9lo/r 88Vo 85'^ 86f, 890

Percentof Felonies Filed (2015)

White/Caucasian


HÍspanic/Latino

Asian/Pacifìc

Islander ÍT¡I¡nnwn Other Total70o/r 760/0 740Á 1t o,/ 7lo/o 64Yo 73o/o

When compared to the racial make-up of our County, we prosecute a higher percentage ofHispanic/Latino and BlacV Afücan-American defendants compared to their representation in ourcommunity. We prosecute a lower percentage of Asian/ Pacific Islander defendants compared totheir representation in the community. White/ Caucasian defendants are prosecuted in apercentage that is closest to their makeup of our County.

Race of Felony & Misdemeanor Defendants 2013-15

50,oo%

460/o

45.OO% 44%

4O.OOo/o

35.40%3s.o0% 33.30%

30.oo%27%

25.OO% 24o/o

2O.OOo/o

t5.00%

tlYo tt%

to.00% 9% 9%8%

I6%

5.00%3% ILsov?%rI o%

o.oo%

Black/AfricanAmerican

Hispanic/ Latino White/ Caucasian Asian/ Pacificlslander

Other Unknown

r County Residents (2014 Census Data) r Felony Defendants (13-15) I Misdemeanor Defendants (13-15)

I

This kind of racial disparity in the criminal justice system is not unique to Santa Clara County.For example, a study released in2015 showed that in San Francisco County,BlacV AfricanAmericans made up 6Yo of County residents, but comprised 40o/o of those convicted of crimes2.

Could the dispariW in nrosecutions be due to adults from other counties with differentracial makeups comins to commit crimes in Santa Clara Countv?

One area of speculation has been whether and to what degree people come from other areas tocommit crimes in Santa Clara County. Does the race and ethnicity information change when weexamine only those who reside in Santa Clara County who are prosecuted?

The general answer to that question is no, it does not. Looking at some of the most commonlycharged felonies, we found that about 75Yo of those charged with those crimes were Santa ClaraCounty residents. Looking only at those residents, we saw little or no change in the race of theperpetrators prosecuted when compared to the overall numbers for felonies.

See for example the below racial breakdown of defendants charged with possession for sale ofnarcotics who reside in our County that is largely consistent with the overall racial breakdown ofall felons charged in Santa Clara County.

RACE OF DEFËNDANTS WHO RESIDE IN SANTA CLARA

COUNTY CHARGED WITI{ POSSESSION FOR SALF OF

NARCOTTCS {20ls}{ }tircr tlack

lAfri*anAmerican

6"/-

'\ii/L /t\

iJtti<.¡tn,',¡r¡

6ól'

Wh¡te/Caucasian3tolo

Asian/Pacificlslander

L2%

nic/Latino43%

2 SAN FRANCIsco JUSTICE REINVEsTMENT IMTIATIVE:RACIAL AND ETHMC DISPARITIES ANALYSIS FOR THE REENTRY COUNCIL, June 23,2105, BurnsInstitute, p.2.

9

How did the oassase of Pronosition 47 in November of 20"1,4 affect criminal filinss?

The passage of Proposition 47 in November of 2014 decreased the number of defendants of allracial categories charged with felonies as the number of felonies charged in our County droppedby more than 2,000 in the year after the passage of the new law that reclassified five felonies intomisdemeanors. Because of the racial disproportionality across all crime types, this change in thelaw has a disproportionate effect to reduce the number of HispaniclLatino adults andBlack/African American adults charged with felonies.

Felonies 2013-2015

?013 2C:4

! Tôral t€lonies F¡lÊd

2015

Misdemeanors 2013-2015

20t4

r Total Misdênleåncrs Fiied

7Û2t

9051 9167

2182{)

19525

2254r

201.3

10

20:t5

fs the racial composition of defendants charqed with crimes similar for different types ofcrimes?

The percent of defendants prosecuted from different racial groups holds rernarkably consistontacross all crime types regardless of how the crime is reported; whether it be by car stop (DUI),face-to-face police encounter (being under the influence of narcotics), 911 call (DomesticViolence cases), detective investigation (Burglary cases), or involving resisting arrest3.

For example, the percentage of Hispanic/Latino defendants prosecuted across all crime þpes isabout 45-50% of all defendants prosecuted - nearly double their representation in the County.

This is true for charges:

a. where the case began with a car stop, like a DUI (47% of DUI misdøneanors),b. where the case began with a 911 call, like most domestic violence cases (50% of

the most commonly charged domestic violence cases),

c. where the case began with an in-person street encounter like being under theinfluence of a controlled substance (45Yo),

d. where the case was solved by a police investigation, like most residentialburglaries (53o/o)

e. where the case involved resisting a police officer (50%)

That is not to say that Hispanic/Latino adults are more inclined to commit crimes, or thatHispanic/Latino adults are more likely to be arrested by the police. This data cannot be used tosupport either of these or any other conclusion because a further analysis that controlled for morevariables like income levels, education, policing policies, or adverse childhood experiences forexample would alter these results. \Vhat can be stated though is that the disproportionatecomposition of HispaniclLatino defendants being prosecuted does not change when you look atdifferent kinds of crimes that are investigated in completely different kinds of ways.

3 Not included in this study are major fraud, real estate fraud or other types of economíc crimes. These crimetypes involve fewer charged cases per year and will require additional study to produce reliable data.

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Below is an example that holds largely consistent across racial groups and crime types:

RACE OF DEFENDANTS IN FILED DUI MISDËMEANCIR5

{2013-1s} {POLTCE CONTACT MOSTLY By CAR STOP}

{ithsr Biack/Af ricanAmer ican

t""ln k tt t,w rl 4'X, S%

White/Caucasi:¡n28t/o


LL%

ispaniclLatino47%

L2

Next Steps:

a

Examine, in partnership with a non-profit organization BetaGov, other decision pointslike the sentences prosecutors recommend for similarly situated defendants (similarcrimes, similar criminal histories) to see how and if race is affecting or not affecting those

decisions.

Improve collection of data. Missing from this data for example is the race of defendants

charged with cases filed by a police officer citation like, driving on a suspended license,

even though citations make up by our estimates as many as 25Yo of all cases prosecutedby the DA's Office.Analyze this data over time to see how it may change, and use this study as a benchmarkfor future analysis.

Improve our outreach to Asian communities in our County, so that we are making sure

that the relatively low prosecution of Asian defendants is not related to a reluctance toreport crimes to the police.

Share this information with the public to get different perspectives on what this data

means, and on ways to improve fairness in criminal justice.

Conclusion

This study shows what everyone involved in the criminal justice systern in Santa ClaraCounty knew in an anecdotal way - that there were more Hispanic/Latino and moreBlack/African American defendants than reflect their representation in the population, and fewerAsian/Pacific Islander defendants. The study gives hard numbers to that general feeling and

shows that the disproportionality cannot be explained by people coming from other counties tocommit crimes. The study shows that for the most important decision prosecutors make, thedecision to file criminal charges, the race of the suspect of the crime has not been a significantfactor, and it shows that the racial composition of defendants charged with crimes is largelyconsistent across all types or crime.

This study is a start of what will be a periodic and more complete review of race andprosecutions, and the decisions that prosecutors make.

More study is needed, more input from the community is needed, and a continued self-examination on these and other questions. We are committed to all of these and to the sharing ofthis information with the public. Most importantly, we are committed to working harder toensure the fair administration ofjustice for everyone in Santa Clara County.

a

a

a

L3

APPENDIX SHOWING THE COMPLETE RESULTS OF THE STUDY

1,4

Race and ProsecutionsSanta Clara County 201 3-L5

Santa Clara County District Attorney's Office

Demographic Context

The following slides address demographic, educational, income andimmigration issues that affect Santa Clara County.

Race of Santa Clara County Residents (2014 Census Data)

Native American,1.30%

Asian/Pacific lslandeI3s.40%

Black/AfricanAmerican,2.90%

White/Caucasian,33.30%

H ispa nic/Latino,26.60%

800,fDo

7(x),000

600,(x)0

s00,000

400,0(X)

300,000

2(x,,000

1ü),000

Santa Glara CountyAdult Population Trends

9 = !l tll s t!) g F gg qr g É !! o !' ¡4 @ À o o o d d ó <ro q o o o oo o qr oo c' o o o c' o o o cl - H ¡ É do! o! O o o oì o o O o! (' o õ õ Õ õ õ õ õ õ ö ö ö o odHdddddddddññññññññññññññ

-Wh¡te/ Caucasian

- Black/ Afr¡can Amer¡can

-Hispanic/ Lat¡no

-As¡an/

pacilic tslander

-Nat¡ve American

Adult Population Shifts

1990 20'4

I Wh¡te I Black r lât¡no ¡ As¡an t Nat¡ve American

ro0%

9V/.

8V/o

7Olo

60%

50%

q%

30%

20%

L0%

o%

MEDIAN HOUSEHOLD INCOME IN SANTA CLARA COUNTY(2010 Census Data)

MEDIAN HOUSEHOLD INCOME BY RAC¡AL GROUP

r Black /African American I Hispanic/Latino r Asian/Pacific lslander r Wh¡te/Caucas¡an

Median Household lncome for All Races Combined in Santa Clara County ¡s 585,002.

Percent of Students Dropping out of HighSchool by Race (2014 kidsdata.org)

L6.3%

26.3%

9.7%

20.6%

s.2%

8.0%

The statewide dropout rate for all students ¡s LL.6% and Santa Clara County's dropout rate for all students is j.j..1%

Santa Clara County Percent

African American/Black

American lndian/Alaska Native

Asia n/Pacific lslander

Hispanic/Latino

White/Caucasian

Other

COUNTRY OF ORIGIN OF IMMIGRANT POPULATIONIN SANTA CLARA COUNTY

(37 .tyo of Santa Clara County Residents were born in another country)(2010 Study by USC)

SANTA CLARA COUNTY

Mexico

0t!'ler34.%

23%

VietnamL4%

China8%

Philippines9%

lndiat2%

F il ASCS

The following slides address the race of defendants and the number ofcases in filed and non-filed felonies and misdemeanors from 2OI3-20L5, with additional information about the most recent yea r,2OL5.

By Race 201-3-15edced and Non-F

Race of county Residents, Felony Defendants & Misdemeanor Defendants

50.00%

45.00%

40.oo%

35.OO%

30.oo%

25.OO%

20.oo%

L5.OO%

to.oo%

5.00%

o.o0%

46%

tt%9%

2.90%

Black/AfricanAmerican H¡span¡c/lât¡no

r County Res¡dents (2014 Census Data)

White/ Caucasian Asian/ Pacific lslander

r Felony Defendants (13-15)

4%

35.4V.?330%

27%

24%

a% 9%ll 'y3lOther

It%

,. liUnknown

r M¡sdemeanor Defendants (13-15)

Note: Another way to think about the prosecution of defendants from different racial groups is to compare the number of cases filed against defendants in different racialgroups with their numbers in the County and calculate a rate of prosecution by race per 1000 residents of different racial groups in the County. Doing this calculation for2015 shows that White/Caucasian defendants are prosecuted at a rate of 14.3/1000 residents, Black/African American defendants at a rate of 70.4/LOO1 residents,Asian/Pacific lslander at a rate of 5/1000 residents and Latino defendants at a rate of 39.1/1000 residents.

Any such rate is necessarily problematic because it moves further away from the actual criminal action that an individual tooþ and is also a step removed from the policeaction of arresting or citing that individual for their act. The rate, though is useful, in highlighting what the prosecution of people in a racial group means within thecommunity of that racial group.

Race of Defendants in Filed Misdemeanors 2013-2015

Filed Misdemeanors 2013-2015Total in 3 Years: 63,932

RACE BY PERCENTAGE

2s000

20000

1s000

10000

5000

Other3%


9%Unknown .

6%

wh¡27%


9%

Hispanic/Latino46%

0

2013 2014

I Total Misdemeanors Filed

2075

Total in 3 Years: 63,932Note that this data does not include misdemeanors issued by citation only that resolve at arraignment (driving on a suspended license or drivingwithout a valid license). Note also that the passage of Proposition 47 in November of 20L4 reclassified 5 felonies as misdemeanors.

RACE OF SUSPECTS

IN NON-FILED MISDEMEANORS FROM 2AT3.2015

Non-Filed Misdemeanors 2013-2015Total in 3 Years: 8549

RACE BY PERCENTAGEOther

3500

3000

2500

2000

1500

1000

s00

3o/"

Unknown7%


l2o/o

. Black/AfricanAmerican

10%

White/Caucasian30%

0fiispanic/Latino

38%2013 2014

I Total

2015

RACE OF SUSPECTS IN NON-FILED MISDEMEANORS 2OT5

2015 MisdemeanorsTotal:274t

RACE BY PERCENTAGEI200

1000

800

600

400

200

0therBlack

y'African

AmericanLO%

Unknown

White/Caucasia30%

0

r Black /African American r Hispanic/Latino

r Asian/Pacific lslander r White/Caucasian

I Unknown r Other

Hispanic/Latino40%

Race of Defendants in Filed Felonies 2OL3-2015

Felonies 2013-2015Total in 3 Years: 25,243

RACE BY PERCENTAGE

L0000

9000

8000

7000

6000

5000

4000

3000

2000

1000

0

Unknowntlo/o

20L3

White/Caucasi24%


8%

Hispanic/Latin

44%201520L4

I Total Felonies Filed

Note that the passage of Proposition 47 in November of 2Ot4 reclassified five felonies as misdemeanors.

RACE OF SUSPECTSIN NON-FILED FELONIES FROM 2013-2015

Non-Filed Felonies 203-2015Total in 3 Years: 7,871

RACE BY PERCENTAGE

3500

3000

2500

2000

1500

1000

500

Unknown

White/Caucasian

25%

t5%

Other .

2%

Black/African" American

tL%

Hispanicy'Latino39%

0

201,3 2014

I Total

201,5 Asian/Pacificlslander

8%

RACE OF SUSPECTS ]N NON-FILED FELONIES 2015

2015 FeloniesTotal:2633

RACE BY PERCENTAGE

1200

1000

800

600

400

200

Unknown9%

Other3a/o

Black

/African, - American

LL%

White/Casian24%

c/Latino43%

0

I Black /African American r Hispanic/Latino

r Asian/Pacific lslander r Wh¡te/Caucasian

I Unknown r Other


to%

Comp ari ng percent of cases fi ledby race of Defendant (2015)

Total890Â

Total73o/o

Other86'/"

Other640Á

Unknown85o/o

Unknown7lo/o

Asian/Pacifïc

Islander88%

Asian/Pacific

Islander72o/o

Hispanic/Latino

9lo

Hispanic/Latino

74o/o


890Á


760/"

Percent of Misdemeanors Filed (2015)

White/Caucasian

88%Percent of Felonies Filed (201s)

\Mhite/Caucasian

70o/o

Comparison of Percentage of Race in Filed and Non-Filed Feloniesand Misdemeanors (2013-15)

Non-Filed Misdemeanors

LO%

38%

30%

L2%

3%

7%

Filed Misdemeanors

9%

46%

27%

9%

3%

6%

Non-Filed Felonies

LL%

39%

25%

8%

2%

t5%

Filed Felonies

LL%

44o/"

24%

8%

2%

Lt%

Race

Black/African American

Hispanic/Latino

White/Caucasian

Asian/Pacific lslander

Other

Unknown

The following slides address different crime typesthat the District Attorney's Office prosecutes a ndexamines the race of the defendants prosecutedacross different crime types from 2013-1-5.

Drug Possession Misdemeanors; H&S IL377(possession of methamphetamine)

Misdemeanor H&S L1377Total in 3 years: 5,098

RACE BY PERCENTAGE0ther

2%3500

3000

2500

2000

1500

1000

Unknown5%

White/

3t%


7%

Black /AfricanAmericar¿

9%

s00

0

spanic/Latino46%

2013 2014

r Total

2075

Note that after the passage of Proposition 47 in November of 2OI4, a violation of H&S 11377 could only becharged as a misdemeanor and not as a felony.

2987

Felony Drug Sales( Methamphetamine 113 7Sl

Felony Drug Sales 11378TOTAL: 1,341

RACE BY PERCENTAGE

UnknownL7%

0ther1t/¿/a

Black /AfricanAmerican

' 6yo600

500

400

300

200

100 i

I

White/Caucasian28%0

2013 2014 2015 lslander8o/o

425424

Resisting Arrest Misdemeanors; PC 148

Misdemeanors PC 148

Total in 3 years: 4,950RACE BY PERCENTAGE

2000

1800

1600

1400

1200

1000

800

600

400

200

0

Unknown4o/o

Other2o/o . Black/African

Americant4%

White/Caucasian24%

lslander6%

nic/Latinoso%

2073 20L4 2015

1818

1603t529

DU I Misdemeanors; VC 23 L52/23153; Police Contact By Car Stop

M isde mea nors V C 23152 | 23153Total in 3 years: 16,931

2013 201"4

RACE BY PERCENTAGE7000

6000

5000

4000

3000

2000

1000

UnknownEg/)lo


5%

0

White/Caucasian28%


tt%

ispanic/Latino47%

2075

57585787

5388

DUI Felonies; VC 2L352/2L353

Felonies 23t52123t53

Total in 3 years: 644

RACE BY PERCENTAGE0ther -.2% \.


5%250

200

150

100

50

UnknownLO%

White/Caucasian

22%

0 Hispanic/ Latino55%2013 2014 2015 Asian/Pacific -;

lslander60/o

Car Theft Felonies; VC 10851

Felonies VC 10851Total in 3 years: 2,028

201-4

RACE BY PERCENTAGEBlack / African

American9%

800

700

600

500

400

300

200

100

Unknown7%

White/Caucasian

L9%

0

2013 2015Hispanic/ Latino

59o/o

713678

Assault With a Deadly Weapon orBy Force Likely to Cause Great Bodily lnjury Felonies;PC 2a5(a)

PC 245(a) FeloniesTotal in 3 years: 2,025

2014

RACE BY PERCENTAGE

800

700

600

500

400

300

200

100

0

Unknown8%

White/Caucasian

t8%


8% Hispanic/ Latino5L%

2013 2015

757

535

Homicide; PC L87

Homicide Defendants; PC 187Total defendants charged in 3 Years: 207

RACE BY PERCENTAGEwh¡te/

Caucasian

t2%90

80

70

60

s0

40

30

20

10

0

20r.3 20r4 201sHispanicl

Latino67%

It should be noted that when two or more people are involved in a killing then this data reflects each of those charged, even though there may beonly one homicide victim.

RACE OF DEFENDANTS CHARGEDWITH GANG HOMICIDES 2OT3-2OL5

Race of Gang Homicide DefendantsTotal Defendants: 109100

90

80

70

60

50

40

30

20

10

0

RACE BY PERCENTAGE


3%

Hispanic/Latino8L%

White/Caucasian2% Btack

/AfricanAmerican

14%

2


r Asian/Pacific lslander I White/Caucasian

¡ Other

0

RACE OF DEFENDANTS CHARGEDWITH NON-GANG HOMICIDES 2OL3-2015

Race of Non-Gang Homicide Defendants60

50

40

30

20

10

Total Defendants: 98

1,

t Black /African American r Hispanic/Lat¡no

r Asian/Pacific lslander I White/Caucasian

r Other

RACE BY PERCENTAGE

White/Caucasian24%

Black

/AfricanAmerican

LA%

00 lslander

tLo/o

ispanic/Latino52%

The following slides address the county of residence of defendantsprosecuted in Santa Clara County and then examines how the racialcomposition of the defendants we prosecute changes when we onlylook at defendants who reside in Santa Clara County.

2015 Residence County of DefendantRobbery PC 2LL/2L2

San Francisco

AllOthersL3%

PC2Ltl2L2Stanislaus

t%1%

Santa Cruz

lo/o

San Mateo3%

Contra Costa-,'

Santa Clara

72o/o

2015 Robberies (PC 2LI/2L21

Race of Robbery Defendants lPCzf.!/2t?l RACE BY PERCENTAGEOther

L%_. Black I African

, American2L%

Hispanic/ Latino48%

160

140

r20

100

80

60

40

20

TOTAL ROBBERIES:295

Robberies

r Black/african American r Hispanic/Latino

r Asian/Pacific lslander I Wh¡te/Caucasian

I Unknown r Other

UnknownLO%

4

White/Caucasiant4o/o

Asian/Pacific -,'Islander

60/o

0

2OL5 Robbery PCZLL/LLTwhere residence of Defendant in Santa Clara County

RACE BY PERCENTAGEln SCC

TOTAL:254

Race of PC 2LU2LZ Defendants Residing

160

L40

120

100

80

60

40

20

0

Unknown

White/Caucasian

t6%

Other' 0.4%

Black,/African. American

L5%

Hispanic/ Latino57o/o

6%


6%

1

r Black r Hispanic r Asian/Pacific lslander r White I Unknown r Other

2015 Residence County of DefendantAssault with Deadly Weapon PC 245(a)

Contra Costa

-L%

AllOthersL3%

PC 24s(A)Alameda

20L5 Assault With a Deadly Weapon or By Force Likely to CauseGreat Bodily lnjury (PC 245)

Race of PC 245 DefendantsTOTAL:733

PC245


r Asian/Pacific lslander I White/Caucas¡an

I Unknown r Other

RACË BY PERCENTAGE0ther

10/L/O

Black/ African

,. American13%

53%

450

400

350

300

250

240

150

100

50

0

Unknown

White/Caucasian

L9%

13Asian/Pacific

lslander9%

Latino

2015 Assault with Deadly Weapon PC245(a)where residence of Defendant in Santa Clara County

Race of PC 245(a) Defendants Residing inscc

TOTAL:682

L4 t2

I Black r Hispanic r Asian/Pac¡fic lslander I White I Unknown r Other

RACE BY PERCENTAGE o*'.'Unknown

1ø/

2%

White/Caucasian

20%

- Black / African' American

ta%450

400

350

300

250

200

150

100

50

0

Asian/Pacific -/lslander

lÙo/"Hispanic/ Lat¡no

s6%

2OL5 Residence County of DefendantResidential Burglary PC 459 / 460(a)

StanislausL%

Santa Cru¡z

L%

San Mateo5%

Contra Costa

t%

Alameda4%

San Franciseo

!%

AllOtherst5%

Pc 4sel460(A)

- Santa Clara72%

2015 Burglary (Residential); PC 4591460(a)

Race of PC 459/46O(a) Defendants RACE BY PERCENTAGE

OtherL%_

3

180

160

140

r20

100

80

60

40

20

0

TOTAL:304

PC a59(a)

r Black r Hispanic r Asian/Pacific lslander r White ¡ Unknown r Other

Unknown4%

Black/ A,frican

Americant5%

White/Caucasian

2L%


60/o

nic/ Latino53%

Residential Burglary PC 459 / 460(a)where residence of Defendant in Santa Clara County

Race PC 4591460(a) Defendants ResidingRACE BY PERCENTAGE

in SCCTOTAL:295

Other1%

Black I African,.American

g%200

180

160

r40

r20

100

80

60

40

20

0

Unknown2%

wh¡te/Caucasian

20%

Asian/Pacific

7%

lslander

3 spanic/ Latino6L%

r Black r Hispanic r Asian/Pacific lslander r White I Unknown ¡ Other

2015 Possession For Sale of Narcotics(HS 1L351.5, 1L351, HSLI378 and 11378.5)

Defendant's County of Residence

Santa CruzL%o^

San Mateo 3%

San Joaquin 2%

San FranciscoL%*-*--*Merced,,-"-

t%Contra Costa

L%

Alameda 2o/o,

2015 Possession For Sale of Narcotics(HS 11351.5, 11351, HSlL378 and 11378.5)

Number of Defendants by Race RACE BY PERCENTAGE250

200

150

100

50

0the¡'2%

Black

lAfricanAmerican

6%Unknown

0

TOTAL


r Asian/Pacífic lslander I White/Caucasian

I Unknown I Other

White/Ca33%

Asian/Pacificc/Latino

42%lslander

It%

2015 Possession For Sale of Narcotics Where Defendants Are Residentsof Santa Clara County (HS 11351.5, 1135l-, HS1 1378 and 1L378.5)

Race of Narcotics Defendants Residing inscc

RACE BY PERCENTAGE

300

250

200

150

100

50

Other2o/"

Black

/AfricanAmerican

6%

c/Latino43%

Unknown6%

110 White/Caucasian,,

3lo/o


L2%

TOTAL


r Asian/Pacific lslander I Wh¡te/Caucasian

I Unknown r Other

The following slide addresses the racial breakdown of victims of violentcrime assisted by the DA's Office Victim Services Unit in 2015. lt shouldbe noted that there was a dramatic increase in victims served in thesecond half of 20L5 after VSU moved in house to the DA's Office.

20LS Victims of Violent Crime assistedby DA s Office Victim Services Unlt(where victim stated race at intake interview)

Victims in 2015Total: 4,248

2500

1500

1000

RACE BY PERCENTAGE

Other ..

2%

Black IAfrican

American 4%

49%

2000 Unknown -..

L$o/o

White/CaucasiaL8%

500

077

r Black / African American r Hispanic/ Latino

r Asian/Pacific lslander r White/ Caucasian

I Unknown I Other

lslander9%

It should be noted that20% of violent crime victims decline to state their race at intake interviews.

The following slides address additional crimes prosecuted by the DA'sOffice, looking only at the most recent yea r,20!5.

2015 Felony Child Molestation (PC 269,288,288 .5,288.7)

Race of PC 2g9,288, 288.5, 288,7 Defendants RACE BY PERCENTAGE60

50

40

30

20

10

TOTAL CHILD MOLESTATION: 149PC269: L7PC 288: 96PC 288.5: 12PC288.7: 24

Unknown --.

to%

0ther3%

Black IAfrícan

American5%

58%

0 ¡ "L-..

White/Caucasian

9%


t5%

1 LLL

PC 269 PC 288

r Black/ African American r Hispanic/ Latino

r White/ Caucasian I Unknown

0 0110PC 288.5 PC 288.7

r Asian/Pacific lslander

r Other

2oL5 Most Commonly Charged Dornestic Violence Crimes(PC 273.5 Felony, 273,5 Misdemeanoç 2a3(e) Misdemeanor)-lnitiated by 911 Call

Race of PC 273.5t, 273.5M,243(e)MDefendants

RACE BY PERCENTAGEBTaek,/

0therAfrican

. AmericanLt%

5Ùo/o

[atino

4s0

400

350

300

2s0

200

150

r-00

50

TOTAL DV CRIMES: 1571PC273.5t: 349PC273.5 MISD.: 469PC 2a3(e) MISD.: 753

10 10

Unknown3%

3%

10 13

PC 2a3(e ) Misd.

r Asian/Pacific lslander

r Other

White/Caucasian

22%


tt%

0

PC 273.5 Fel. PC 273.5 Misd.


r White/ Caucasian r Unknown

2OL5 PROSECUTED RAPES - PC 26L

Race of PC 261 Defendants

TOTAL RAPE: 30

RACE BY PERCENTAGE16

t4

12

10

8

6

4

2

0

Unknown7%

Black IAfrican

AmericanL7%wh¡te/

CaucasianLïo/o


20%PC261


I Asian/Pacific lslander r Whitel Caucasian

I Unknown

Hispanic/ Latino46%

2015 Under the lnfluence of Controlled Substance (HS 11550Misdemeanor)-Police Contact often Face To Face

HS 11550TOTAL:2233

RACE BY PERCENTAGE

7200

1000

800

600

400

200

OtherUnknown l%

Black

White33%

0 rt4¡HS 11550

r Black r Hispanic r Asian/Pacific lslander r White ¡ Unknown r Other

Asian/lslander

LO%

Hispanic45%

lssues not addressed in these slides are many and future study may beable to address them. While this data does address a key decisionpoint, the filing or non-filing of criminal charges, ¡t does not addressthings more difficult to capture from our case management system likeoffers of resolution or the decisions about whether or not a caseshould proceed as a three-strike case.

Acknowledgements

The Santa Clara County District Attorney's Office thanks Laura Ridolfifrom the Burns lnstitute for her helpful insights, contributions andsuggestions that all made this study better and more complete.

We also thank Angela Hawken of BetaGov and Peter Katz of the ArnoldFoundation for their support of ongoing research and work on thisproject.

Contributors from the Santa Clara CountyDA's Offi ce

James Gibbons-Shapiro, Jaron Shipp, John Scavio, Chris Arriola, StaceyCapps, David Angel, Sean Webby, Quang Bui, Rina Myers and JuliaWood

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