Attorneys for six Washington state prisoners, Circuit Court Judge A. Wallace Tashima wrote, "have demonstrated that police practices, searches, arrests, detention practices, and plea bargaining practices lead to a greater burden on minorities that cannot be explained in race-neutral ways."
Joined by Judge Stephen Reinhardt in the majority opinion, Tashima found that black and Latino Washingtonians faced arrest and prosecution at rates far higher than could be explained simply by increased criminal activity. Finding no "race neutral" explanation for the higher incarceration rates, the majority reversed a U.S. District Court decision and ruled in favor of the inmates.
"Although (the state) criticized the experts' studies and the conclusions, the (plaintiffs') reports, when objectively viewed, support a finding of racial discrimination in Washington's criminal justice system," Tashima said in the ruling.
"Given that uncontroverted showing," he added, "in the words of the district court, there can be 'no doubt that members of racial minorities have experienced discrimination in Washington's criminal justice system.'"
Speaking on the ruling, Washington Secretary of State Sam Reed said the court's decision came as a surprise, in part because three circuit court panels elsewhere in the country came to opposite conclusions while reviewing similar cases.
Reed said he believes the state prohibition against prisoner voting remains appropriate.
"That's part of the penalty," Reed said. "A person loses their rights when they violate the rights of others by perpetrating a felony.
As long as when they get out they get a chance to rejoin society, that's the important part."
http://www.seattlepi.com/local/413851_vote05.html
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