Table.
Distribution of and change in contemporary structural racism–related laws in the 50 states and the District of Columbia (N = 51), by legal domain and year, 2010-2013
| Laws | 2010 | 2011 | 2012 | 2013 | Absolute change in no. of states with law (from 2010 to 2013) | Percentage change in no. of states with law (from 2010 to 2013) |
|---|---|---|---|---|---|---|
| No. of states (%) | No. of states (%) |
No. of states (%) |
No. of states (%) |
|||
| Stand-Your-Ground | ||||||
| Duty to retreat (required to retreat) | 1 (2) | 1 (2) | 1 (2) | 1 (2) | 0 | 0 |
| Absolute Castle Doctrine (not required to retreat within one’s home) | 12 (24) | 12 (24) | 11 (22) | 10 (20) | –2 | –4 |
| Limited Castle Doctrine (required to mitigate situation before using force) | 4 (8) | 4 (8) | 4 (8) | 4 (8) | 0 | 0 |
| Stand your ground (not required to retreat in any circumstance) | 28 (55) | 30 (59) | 31 (61) | 32 (63) | 4 | 8 |
| Self-defense (only permits self-defense in limited circumstances) | 5 (10) | 3 (6) | 3 (6) | 3 (6) | –2 | –4 |
| Mandatory Minimum Sentencing | ||||||
| State does not impose mandatory minimum sentencing | 11 (22) | 10 (20) | 10 (20) | 10 (20) | –1 | –2 |
| State imposes mandatory minimum sentencing on drug offenses and does not allow judicial discretion | 20 (39) | 20 (39) | 20 (39) | 20 (39) | 0 | 0 |
| State imposes mandatory minimum sentencing on drug offenses and allows judicial discretion | 10 (20) | 10 (20) | 10 (20) | 10 (20) | 0 | 0 |
| State imposes mandatory minimum sentencing depending on number of convictions | 10 (20) | 11 (22) | 11 (22) | 11 (22) | 1 | 2 |
| Racial Profiling | ||||||
| Racial profiling data collection | ||||||
| State does not mandate racial profiling data collection from traffic stops | 35 (69) | 35 (69) | 35 (69) | 35 (69) | 0 | 0 |
| State mandates racial profiling data collection from every traffic stop | 16 (31) | 16 (31) | 16 (31) | 16 (31) | 0 | 0 |
| Laws prohibiting racial profiling law | ||||||
| State does not prohibit racial profiling | 31 (61) | 31 (61) | 31 (61) | 31 (61) | 0 | 0 |
| State explicitly prohibits racial profiling | 17 (33) | 17 (33) | 17 (33) | 18 (35) | 1 | 2 |
| State explicitly prohibits racial profiling and has a set punishment for racial profiling | 2 (4) | 2 (4) | 2 (4) | 2 (4) | 0 | 0 |
| Racial profiling training | ||||||
| State does not require racial profiling training for law enforcement officers | 39 (76) | 40 (78) | 40 (78) | 40 (78) | 1 | 2 |
| State requires racial profiling training for law enforcement officers | 12 (24) | 11 (22) | 11 (22) | 11(22) | –1 | –2 |
| Any racial profiling | ||||||
| State does not have any law related to racial profiling | 24 (47) | 24 (47) | 24 (47) | 24 (47) | 0 | 0 |
| State has a law related to racial profiling | 27 (53) | 27 (53) | 27 (53) | 27 (53) | 0 | 0 |
| Minimum Wage | ||||||
| State minimum wage in relation to federal minimum wage | ||||||
| State’s minimum wage was ≤$0.50 more than the federal minimum wage | 41 (80) | 41 (80) | 41 (80) | 41 (80) | 0 | 0 |
| State’s minimum wage was >$0.50 more than the federal minimum wage | 10 (20) | 10 (20) | 10 (20) | 10 (20) | 0 | 0 |
| Limits on minimum wage | ||||||
| State does not limit minimum wage | 38 (75) | 38 (75) | 38 (75) | 38 (75) | 0 | 0 |
| State prohibits any city or town from setting its minimum wage above the federal minimum wage or limits it from exceeding the minimum wage by more than $1.00 | 8 (16) | 8 (16) | 8 (16) | 8 (16) | 0 | 0 |
| Not applicable (state follows federal minimum wage) | 5 (10) | 5 (10) | 5 (10) | 5 (10) | 0 | 0 |
| Minimum-wage adjustments | ||||||
| State does not require minimum-wage adjustments according to the cost of living or inflation | 34 (67) | 34 (67) | 34 (67) | 34 (67) | 0 | 0 |
| State requires minimum-wage adjustments according to the cost of living or inflation | 11 (22) | 11 (22) | 11 (22) | 11 (22) | 0 | 0 |
| Not applicable (state follows federal minimum wage) | 6 (12) | 6 (12) | 6 (12) | 6 (12) | 0 | 0 |
| Minimum-wage exemptions | ||||||
| State does not include an exemption that would lead to a salary below the federal minimum wage | 6 (12) | 6 (12) | 6(12) | 6 (12) | 0 | 0 |
| State permits an employer to pay some employees below the federal minimum wage based on ≥1 exemption (ie, annual gross sale numbers, productivity levels related to a disability) | 39 (76) | 40 (78) | 40 (78) | 39 (76) | 0 | 0 |
| Not applicable (state follows federal minimum wage) | 6 (12) | 5 (10) | 5 (10) | 6 (12) | 0 | 0 |
| Undocumented Immigrant Protection | ||||||
| Identification | ||||||
| State does not allow undocumented immigrants to obtain a driver’s license or state identification | 48 (94) | 48 (94) | 47(92) | 40 (40) | –8 | –16 |
| State allows undocumented immigrants to obtain a driver’s license or state identification | 3(6) | 3 (6) | 4 (8) | 11 (22) | 8 | 16 |
| Health insurance coverage | ||||||
| State provides health insurance coverage to all immigrant children, regardless of immigration status | 19 (37) | 19 (37) | 19(37) | 19 (37) | 0 | 0 |
| State provides health insurance coverage to documented immigrant children only | 26 (51) | 25 (49) | 25 (49) | 25 (49) | 0 | 0 |
| State provides coverage to undocumented immigrant children | 5 (10) | 6 (12) | 6 (12) | 6 (12) | 0 | 0 |
| In-state tuition | ||||||
| Undocumented immigrants are not eligible for in-state tuition benefits | 41 (80) | 38 (75) | 39 (76) | 33(65) | –8 | –16 |
| Undocumented immigrants are eligible for in-state tuition benefits | 10 (20) | 13 (25) | 12 (24) | 18 (35) | 8 | 16 |
| Voting Rights | ||||||
| Identification requirement | ||||||
| State does not require identification for voting | 27 (53) | 27 (53) | 23 (45) | 21 (41) | –6 | –12 |
| State requires identification for voting but if no identification is available, a provisional ballot or affidavit is accepted | 11 (22) | 13 (25) | 14 (27) | 15 (30) | 4 | 8 |
| State requires identification for voting but identification does not need to include a photo | 6 (12) | 4 (8) | 5 (10) | 5 (10) | –1 | –2 |
| State requires some type of photo identification for voting | 3 (6) | 3 (6) | 4 (8) | 5 (10) | 2 | 4 |
| State requires a government-issued photo identification for voting | 4 (8) | 4 (8) | 5 (10) | 4 (8) | 0 | 0 |
| Voter disenfranchisement | ||||||
| State does not remove voting rights for people with criminal convictions | 2 (4) | 2 (2) | 2 (2) | 2 (2) | 0 | 0 |
| State automatically restores voting rights upon release from prison | 15 (29) | 15 (15) | 15 (15) | 15 (15) | 0 | 0 |
| State automatically restores voting rights upon release from prison and discharge from parole | 3 (6) | 3 (3) | 3 (3) | 3 (3) | 0 | 0 |
| State automatically restores voting rights upon completion of entire sentence, including prison, parole, and probation | 19 (37) | 19 (37) | 19 (37) | 19 (37) | 0 | 0 |
| State permanently removes voting rights based on court discretion, unless government approves restoration | 8 (16) | 8 (16) | 8(16) | 8 (16) | 0 | 0 |
| Stop and Identify | ||||||
| General | ||||||
| State has no law addressing law enforcement officers’ authority to stop and demand identification | 25 (49) | 24 (47) | 24 (47) | 24 (47) | –1 | –2 |
| State allows law enforcement officers to stop and demand identification upon reasonable suspicion that a crime has been or is about to be committed or the person has information about a crime | 25 (49) | 26 (51) | 26 (51) | 26 (51) | 1 | 2 |
| Response requirements | ||||||
| State does not require provision of identification upon request by a law enforcement officer | 25 (49) | 25 (49) | 25 (49) | 25 (49) | 0 | 0 |
| State does not impose a legal obligation to provide identification upon request by a law enforcement officer but “may demand” or “may require” disclosure of identifying information | 11 (22) | 11 (22) | 11 (22) | 11 (22) | 0 | 0 |
| State requires provision of identification upon request by a law enforcement officer | 14 (27) | 14 (27) | 14 (27) | 14 (27) | 0 | 0 |
| Failure to respond penalization | ||||||
| State does not penalize people for failing to provide identification upon request by a law enforcement officer | 40 (78) | 40 (78) | 40(78) | 40 (78) | 0 | 0 |
| State penalizes people in some form (ie, as an offense or by considering it as a factor in arrest) for failing to provide identification upon request by a law enforcement officer | 11 (22) | 11 (22) | 11 (22) | 11 (22) | 0 | 0 |
| Predatory Lending | ||||||
| State has no consumer protection law | 0 | 0 | 0 | 0 | 0 | 0 |
| State provides comprehensive consumer protection (including credit and real estate) | 29 (57) | 29 (57) | 29 (57) | 29 (57) | 0 | 0 |
| State provides consumer protection for credit but not real estate | 6 (12) | 6 (12) | 6 (12) | 6 (12) | 0 | 0 |
| State provides consumer protection for real estate but not credit | 9 (18) | 9 (18) | 9 (18) | 9 (18) | 0 | 0 |
| State does not provide consumer protection for real estate or credit | 7 (14) | 7 (14) | 7 (14) | 7 (14) | 0 | 0 |
| Corporal Punishment in Public Schools | ||||||
| State has outlawed corporal punishment in public schools | 16 (31) | 17 (33) | 17 (33) | 17 (33) | 1 | 2 |
| State permits corporal punishment in public schools in limited circumstances | 14 (27) | 14 (27) | 14 (27) | 14 (27) | 0 | 0 |
| State permits corporal punishment in public schools, regardless of circumstance | 14 (27) | 15 (29) | 15 (29) | 15 (29) | 1 | 2 |
| State has no law on corporal punishment in public schools | 7 (14) | 6 (12) | 6 (12) | 6 (12) | –1 | –2 |
| Fair Housing | ||||||
| Domestic violence | ||||||
| State allows victims of domestic violence to break a lease without penalty, provided they provide proof and/or notice | 13 (25) | 13 (25) | 14 (27) | 15 (29) | 2 | 4 |
| State imposes penalties on victims of domestic violence when breaking a lease and requires proof | 5 (10) | 5 (10) | 5 (10) | 5 (10) | 0 | 0 |
| State has no law on whether victims of domestic violence can break a lease, but victims are protected against discrimination in housing | 7 (14) | 7 (14) | 7 (14) | 7 (14) | 0 | 0 |
| State has no law on whether victims of domestic violence can break a lease | 26 (51) | 2 (51) | 25 (49) | 24 (47) | –2 | –4 |
| Source of income discrimination | ||||||
| State prohibits landlords from discriminating against tenants based on source of income | 12 (24) | 12 (24) | 13 (25) | 13 (25) | 1 | 2 |
| State does not prohibit landlords from discriminating against tenants based on source of income | 38 (76) | 38 (76) | 37(73) | 37 (73) | –1 | –2 |
| State has no law on discrimination in housing based on source of income | 1 (2) | 1 (2) | 1 (2) | 1 (2) | 0 | 0 |
| Drug felony convictions | ||||||
| State includes people who have been convicted of a drug felony in fair-housing protections | 33 (65) | 33 (65) | 33 (65) | 33 (65) | 0 | 0 |
| State excludes people who have been convicted of a drug felony from fair-housing protections | 17 (33) | 17 (33) | 17 (33) | 17 (33) | 0 | 0 |
| State has no law on discrimination in housing based on drug felony conviction | 1 (2) | 1 (2) | 1 (2) | 1 (2) | 0 | 0 |
| Eviction notice | ||||||
| State administers eviction notice after ≥15 days of not paying rent | 2 (39) | 2 (39) | 2 (39) | 2 (39) | 0 | 0 |
| State administers eviction notice after 11-14 days of not paying rent | 4 (8) | 4 (8) | 4 (8) | 4 (8) | 0 | 0 |
| State administers eviction notice after 6-10 days of not paying rent | 11 (22) | 11 (22) | 11 (22) | 11 (22) | 0 | 0 |
| State administers eviction notice after 3-5 days of not paying rent | 34 (67) | 34 (67) | 34 (67 | 34 (67) | 0 | 0 |
| State has no law on eviction notice | 0 | 0 | 0 | 0 | 0 | 0 |
aPercentages may not total to 100 because of rounding. Although Jim Crow laws are included in the database, they were not included in the results for the present article, which pertains to 2010-2013, as they were abolished by the 1964 Civil Rights Act.