A new report showed the disproportionate rate Black Virginians were charged with disorderly conduct compared to white residents.

According to the damning report from The Daily Press in Newport News, Virginia, an estimated 2,500 disorderly conduct charges were filed by police last year against Black people. Black residents were charged at a higher rate than whites and prosecutors were more inclined to drop white residents' charges.

“It is a nebulous charge; just about anything can be disorderly conduct if you describe it eloquently enough — you raise your voice, stand too close to someone, walk down the street yelling,” Newport News state Del. Mike Mullin, a Democrat told The Daily Press.

Mullin tried to pass a piece of legislation that would ban students from being charged with criminal disorderly conduct but the proposed bill failed.

The newspaper found that Black people were charged at a rate that was greater than the Black population in a particular area. By using court data, the Daily Press was able to discover the racial bias apparent in the state.

In the city of Norfolk, about 112 of every 100,000 residents will face the charge in a year. For the city of Virginia Beach, the rate is 22 per 100,000. Norfolk has a population that is 42% Black but 73% of the people charged are Black. As for Virginia Beach, 49% of the people who are charged are Black while only 19% of the city's residents are Black.

The Associated Press defines disorderly conduct as any conduct or behavior that has “a direct tendency to cause acts of violence.” Disrupting a funeral, religious service or government meeting are all considered under the law a punishable offense.

“An unconscious drunk person in a pool of his own vomit may be DIP, but not disorderly conduct. Disorderly is a jailable offense, although generally it is not seen as being as serious as an assault and battery. Sometimes where there is a mutual fight, as when two beefing people agree to step outside, they may end up charged with disorderly conduct,” House Courts of Justice committee chairman Rob Bell, R-Albemarle, told The Daily Press.

While the data shows the racial bias present in the justice system, defenders rebuke The Daily Press' findings. Police and prosecutors said a person's prior record comes into play when charges are brought.

“It’s the way to enforce social norms,” Mullin said. “There is a lot of power and discretion that it gives police and prosecutors for such a very vague charge. We need to be able to trust that they handle it right.”

Black Virginia residents

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