Policing is not the only stage of the justice system that produces racial disparity. Disadvantage accumulates at each step of the criminal justice process and contributes to a disproportionate number of people of color who are incarcerated and criminalized. The Public Defender’s Office is witness to this disparity.
To illustrate, consider what would have happened if George Floyd had lived. In Santa Barbara County, he would have likely been arrested for passing a counterfeit bill and resisting an executive officer. He would have been held in custody on $25,000 bail, an amount that he would not have been able to afford to post. He would have been appointed a public defender. But, in the post COVID-19 world, Mr. Floyd would be quarantined for 14 days in the county jail where his ability to speak with his attorney would be severely limited.
When they finally met, Mr. Floyd would ask his public defender to explain why he was being charged with resisting arrest when he was the victim. His public defender would empathize and tell Mr. Floyd that they see this happen too often. They would talk about his right to a trial. Mr. Floyd’s public defender would explain that they could assert that the officer used excessive force, but that the prosecutor would likely argue that the use of force was justified because Mr. Floyd “didn’t obey their commands.” His public defender would explain that it would be up to a jury to decide his fate.