Recent Misdemeanor Enforcement Trends in New York City: Diminished Caseloads and Persistent Racial Disparities

• In Event: Racial Disparities in Criminal Punishment

Abstract

The Brennan Center for Justice conducted a mixed methods study on New York City minor offense enforcement trends (e.g., misdemeanors, violation, and infractions, such as low-level drug possession, shoplifting, traffic violations, and simple assault) from 2016 to 2022. Researchers found significant declines (over 50 percent) of minor offense cases in NYC over the study period. Despite declines and reform efforts, persistent racial disparities across the city remain, with 82 to 85 percent of minor offense cases filed involving Black and Latino people. Enforcement is also concentrated in predominantly Black and Latino low-income communities. To contextualize findings, Brennan researchers drew on the expertise of 166 stakeholders, engaging with government officials, law enforcement, community-based providers, and impacted community experts. Stakeholders highlighted promising solutions, such as court diversion, behavioral health, supportive housing, and community-based prevention. The findings in this paper will help inform policy recommendations that hold the promise of reducing unnecessary minor offense enforcement and the persistent racial disparities in enforcement while building community safety and well-being.

Currently, Brennan researchers are also conducting regression analyses to examine whether racial disparities arise at key points in minor offense cases (e.g., release at arraignment, charging, and disposition), where draft findings will be shared.

https://www.brennancenter.org/our-work/research-reports/misdemeanor-enforcement-trends-new-york-city-2016-2022

Authors

• Josephine Hahn, Brennan Center for Justice

• Tiffany Sanabia, Brennan Center for Justice

• Jinmook Kang, Brennan Center for Justice