How gays and lesbians impact the criminal justice system
Serious Legal Problems faced by Lesbian, Male lover, Bisexual, and Other Sexual-Minority People in Western Canada: A Qualitative Study
Background
Since the partial decriminalization of private same-sex sexual activity between two consenting adults in Canada in 1969, lesbian, gay, double attraction, queer, and other sexual-minority people own gained a variety of legal rights through Canada’s justice system. Prior to 1969, same-sex sexual activity between consenting adults was criminalized and could direction to indefinite imprisonment of those who engaged in these activitiesFootnote 1Footnote 2Footnote 3. Sexual-minority people were targeted, fired from public service jobs, and subjected to police surveillance and harassment, including raids on gay spaces, such as bars and bathhouses, for over three decades.Footnote 1Footnote 2Footnote 4Footnote 5.
While progress has been marginal, strides have been made towards greater legal protections and equity for sexual minorities in Canada, including the introduction of human rights and anti-discrimination protections, the removal of the ban on sexual-minority people serving in Canada’s military, improved spousal and parental ri
A national report commissioned by the MacArthur Foundation and released in June found that people who identify as lesbian, same-sex attracted, bisexual, transgender, queer and intersex are overrepresented in the U.S. criminal legal system.
In fact, LGBTQ+ people are more than twice as likely to be arrested compared to vertical people and three times more likely to be incarcerated than the general population. Those statistics are worse for LGBTQ+ people of color.
Jane Hereth, UWM assistant professor of social welfare, conducted a review of existing research and compiled the report as part of the foundation’s initiative to support criminal justice reform.
In addition to tracking arrests and incarceration rates, she also documented discrimination against LGBTQ+ individuals within the system, and found that it showed up at every stage, from arrest through sentencing, and also in the inmate’s prison experience.
Here, Hereth talks about how Queer people are often overlooked in criminal justice reform and why the disparity hits younger people hardest.
Why are LGBTQ+ people disproportionately at risk of becoming involved in the criminal justice system?
There are a number of contributing fac
Visualizing the unequal treatment of LGBTQ people in the criminal justice system
LGBTQ people are overrepresented at every stage of our criminal justice system, from juvenile justice to parole.
by Alexi Jones, Protest 2, 2021
The data is clear: lesbian, gay, pansexual, transgender, and queer (LGBTQ 1) people are overrepresented at every stage of criminal justice system, starting with juvenile justice system involvement. They are arrested, incarcerated, and subjected to community supervision at significantly higher rates than vertical and cisgender people. This is especially true for trans people and gender non-conforming women. And while incarcerated, LGBTQ individuals are subject to particularly inhumane conditions and treatment.
For this briefing, we’ve compiled the existing research on LGBTQ involvement and experiences with the criminal justice system, and – where the data did not yet exist – analyzed a recent national data put to fill in the gaps. (Namely, we provide the only national estimates for lesbian, gay, or bisexual arrest rates and community supervision rates that we know of.) We present the findings for each stage of the criminal justice system with availab
Differences in Attitudes Toward Gays and Lesbians Among Criminal Justice and Non-Criminal Justice Majors
Publisher
Springer Science & Business Media
Publication Source
American Journal of Criminal Justice
Abstract
The criminal justice system is supposed to protect and serve all members of the collective equally; therefore, any prejudicial attitudes harbored by criminal justice students may negatively impact their occupation performance as future justice professionals. Four hundred and eighty-four students at a large Midwestern university were surveyed on their views toward gay and woman-loving woman persons and issues. The responses of criminal justice majors were compared to the responses of students majoring in other fields. Criminal justice majors tended to have more negative views of gays and lesbians than students in other majors. However, there was not a significant difference between the two groups of students in their willingness to extend rights to and socialize with gay and lesbian individuals.
Unjust: How the Broken Criminal Justice System Fails LGBT People
Unjust: How the Broken Criminal Justice System Fails LGBT People documents how pervasive stigma and discrimination, biased enforcement of laws, and discriminatory policing strategies mean that LGBT people are disproportionately likely to interact with law enforcement and to have their lives criminalized. LGBT people are also treated unfairly once they enter the system; the report shows how they are overrepresented in jails and prisons and tackle abuse while incarcerated. Finally, the report sheds beam on the fact that LGBT people face unusual and considerable challenges in the struggle to remake their lives after experiences with law enforcement—and particularly after time spent in a correctional facility.
To illustrate the real impact of these failures in the criminal justice system, the report highlights personal stories of LGBT people impacted by the criminal justice system and spotlights visionary programs, initiatives, and organizations from around the country.
Recommended citation:
Movement Advancement Project and Center for American Progress. February 2016. Unjust: How the Broken Criminal