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Racial disparities in imprisonment are of long standing but worsened substantially in the s and early s. For a century before the s, black people had been more likely to be held in prison than whites. As shown in Chapter 2 , racial disparities in imprisonment began to rise in the s and reached all-time highs in the s and early s. In recent years, differences in incarceration rates have slightly lessened.
In absolute numbers, however, federal and state prisons in held more non-Hispanic black , than non-Hispanic white , inmates. In , 13 percent of U. Disparities in Imprisonment Rates Relative to Offending. The critical question about imprisonment disparities is whether they result from group differences in criminality or from group differences in how cases are handled.
If racial disparities in imprisonment perfectly mirrored racial patterns of criminality, then an argument could be made that the disparities in imprisonment were appropriate. Disparities in imprisonment result from a combination of differences in offending patterns and case processing. Disentangling in detail the respective roles of each is difficult.
Some insights can be gained from comparing data from victimization surveys on the characteristics of assailants whom victims can identify, but those data are limited and cover only a small category of offenses. The closest scholars have come is to compare racial patterns of arrests for particular offenses with racial patterns in imprisonment for those offenses.
As Table shows, racial disparities in imprisonment have worsened substantially since the early s relative to racial patterns of involvement in serious crimes. Important policy issues concerning the sources of those differences and their remediability would remain to be addressed. For larceny and auto theft combined and drug offenses, nearly half the racial disparity in imprisonment was unexplained.
Blumstein reasoned that if the percentages of black and white people held in prison for a particular offense, say, homicide, closely paralleled black and white percentages among those arrested, it would be reasonable to infer that racial patterns of involvement in crime were the primary reason for disparities in imprisonment.
He argued, though, that it was reasonable to infer that their influence was relatively small. His conclusions were confirmed by Langan , who used victim data instead of arrests and prison admission data rather than population data. Yet there are good reasons to believe that the racial patterns shown by arrest data are reasonably accurate indicators of crimes committed, at least for serious violent crimes.
Other, more rigorous methods might be imagined for assessing relationships between racial patterns in crime rates and imprisonment over time at the aggregate national level, but such studies have not been carried out and published. These findings are consistent with data reported in Chapter 2 on the increasing disjunction between racial patterns in crime and in imprisonment. Analyses for Tonry and Melewski, and Baumer, using the same method as that used by Blumstein show that, relative to arrest patterns, racial disparities in imprisonment became much worse in the twenty-first century compared with those found by Blumstein for and For , 39 percent of overall disparities in imprisonment could not be explained by reference to arrests, and for , 45 percent.
Baumer concluded that for , 40 percent of disparities in imprisonment for murder, 45 percent for robbery, 55 percent for aggravated assault, and 66 percent for drug offenses could not be explained by arrest patterns. Different racial patterns of involvement in violent crime thus are part of the reason for disparities in imprisonment, but they can explain neither why disparities increased in the s and s nor why they remain so high in the twenty-first century.
First, no significant shifts in racial patterns in arrests for violent crimes occurred in the s and s that could explain why black incarceration rates rose after the s. Second, as discussed in Chapter 2 , the relative over involvement of blacks in violent crimes has declined significantly since the s.
The reason for increased racial disparities in imprisonment relative to arrests is straightforward: severe sentencing laws enacted in the s and s greatly increased the lengths of prison sentences mandated for violent crimes and drug offenses for which blacks are disproportionately often arrested.
These two offense categories, however, raise different behavioral issues. For reasons of social disadvantage, neighborhood residence, and limited life chances that disproportionately affect them, blacks relative to whites have been more involved in violent crime and are more frequently arrested for such crimes e.
Thus one reason why black Americans are disproportionately affected by tougher sentencing policies for violent crime is that they are more often arrested for. For drug crimes, the situation is different. Black people are, however, arrested for drug offenses at much higher rates than whites because of police decisions to emphasize arrests of street-level dealers Beckett et al.
Legislative decisions also have specified the longest sentences for crack cocaine offenses, for which blacks are arrested much more often than whites. As the late Senator Daniel Patrick Moynihan , p. Disparities in Sentencing and Case Processing. There are differences, but they are relatively small. No doubt they result partly from the various forms of attribution and stereotyping discussed below. Minority defendants are, however, treated differently at several stages of the criminal justice process, and those differences influence resulting disparities.
The empirical literature on sentencing documents relatively small racial differences in the justice system experiences of black and white individuals with comparable criminal records and convicted of the same crime. Blacks and Hispanics are more likely than whites to be detained before trial; as noted earlier, being detained increases the probability that a prison sentence will be imposed e.
Although the evidence is not entirely consistent, the clear weight of research findings is that race and ethnicity affect charging and plea bargaining decisions in both capital and noncapital cases Crutchfield et al.
Black and Hispanic defendants, all else being equal, are somewhat more likely than whites to be sentenced to incarceration, and among those sentenced to incarceration in federal courts to receive somewhat longer sentences Crutchfield et al.
Blacks are less likely than whites to be diverted to nonincarcerative punishments. In states that have sentencing guidelines, blacks are more likely than whites to receive sentences at the top rather than at the bottom of the guideline ranges Tonry, Individual studies present divergent findings, often showing small disparities by race and ethnicity for men but not for women or to different extents , for Hispanics but not for blacks, and for young but not for older offenders or in each case vice versa e.
Overall, when statistical controls are used to take account of offense characteristics, prior criminal records, and personal characteristics, black defendants are on average sentenced somewhat but not substantially more severely than whites.
As noted above, however, small differences in this area matter. Spohn , p. While there is not convincing evidence of widespread racial bias in sentencing, there is, in contrast with several decades ago, credible evidence that black defendants are treated differently. Before , many studies appeared to show systematic bias in sentencing of black defendants, but subsequent analyses concluded that failure to control for legally relevant sentencing factors, such as prior criminal record, seriously undermined the persuasiveness of those findings e.
Reviews of subsequent research, however, concluded that blacks were treated less favorably than whites at a number of stages—for example, in pretrial detention decisions, prosecutorial charging decisions, and decisions to impose community rather than incarcerative punishments—and that the cumulative effect of small differences at each stage was substantial e. Research on death penalty decisions similarly shows that the race of the victim plays a role in both charging and sentencing decisions Sorensen and Wallace, ; Lee, ; this is especially evident in cases of interracial violence Gross and Mauro, ; Baldus et al.
The finding that discernible racial differences exist in sentencing and case processing is disheartening. Race should not matter when criminal sentences are imposed. Viewed differently, however, the finding is not surprising.
This is not to say that most Americans are bigoted or racist. Few white Americans still believe in. Among earlier generations of white Americans, the belief that blacks are racially inferior to whites was commonplace.
Those beliefs largely disappeared after the s, sometimes to be replaced by other unflattering stereotypes Unnever, Since the s, large majorities of whites have favored integrated schools, accepted having blacks as neighbors, and believed that blacks and whites are of equal intelligence Thernstrom and Thernstrom, , pp.
Almost all whites genuinely disavow the sentiments that have come to be most closely associated with the ideology of white supremacy—the immutable inferiority of blacks, the desirability of segregation, and the just nature of discrimination in favor of whites.
In this sense, nearly every white person today has a genuine commitment to basic racial equality in the public sphere Mendelberg, , pp. Comprehensive recent surveys of a range of literatures on racial attitudes have reached similar conclusions e. Whites, and members of other groups, nonetheless are influenced by racial stereotypes Kirschenman and Neckerman, These issues are discussed further in Chapter 8.
Several literatures document the existence and force of racial stereotyping about crime and criminals. The media commonly portray a world of black offenders and white victims.
When asked to describe typical violent criminals and drug dealers, white Americans often describe black individuals e. Research on the influence of skin tone and stereotypically African American facial features shows that negative stereotypes operate to the detriment of blacks in the criminal justice system.
They cause black individuals to be punished more severely than whites, and among blacks they cause dark-skinned people and people with distinctively African American facial. For example, an analysis of more than 67, male felons incarcerated in Georgia showed that controlling for type of offense, socioeconomic characteristics, and demographic factors, dark-skinned blacks received longer sentences than light-skinned blacks: light-skinned black defendants received sentences indistinguishable from those of whites, while longer sentences were received by medium-skinned a year longer on average and dark-skinned a year and a half longer on average black defendants Hochschild and Weaver, , p.
Studies of Afrocentric feature bias take the analysis one step further Blair et al. The evidence confirms the hypothesis that stereotypically African American facial features e. Pizzi and colleagues , p. Racial stereotyping in sentencing decisions still persists. But it is not a function of the racial category of the individual; instead, there seems to be an equally pernicious and less controllable process at work. Racial stereotyping in sentencing still occurs based on the facial appearance of the offender.
Be they white or African American, those offenders who possess stronger Afrocentric features receive harsher sentences for the same crimes. Even death penalty decisions are influenced by facial features. Looking at cases in Philadelphia in which death had been a possible sentence, Eberhardt and colleagues , p. Empirical research on the subject is comparatively new, but the phenomenon is old. Seventy years ago, Myrdal , p.
A number of lessons emerge from this look back at the past four decades of changes in sentencing policy. Successive waves of change swept the nation, some affecting all or most states. During the s, experiments with voluntary sentencing guidelines were undertaken in many states, and all but one state enacted mandatory minimum sentence laws typically requiring minimum 1-or 2-year sentences or increases of 1 or 2 years in the sentences that would otherwise have been imposed.
During the s, the federal government and nearly every state enacted mandatory minimum sentence laws for drug and violent crimes, typically requiring minimum sentences of 5, 10, and 20 years or longer. During the s, the federal government and more than half the states enacted truth-in-sentencing and three strikes laws. Almost all of the states now have life without possibility of parole laws. Voluntary guidelines and statutory determinate sentencing laws proved ineffective at achieving their aims of increasing consistency and diminishing racial and other unwarranted sentencing disparities.
There is. The major exception is blacks: equal proportions show implicit preferences for blacks and for whites, but unlike whites they do not show a preference for their own group. The consensus view of the existence of implicit racial bias is based on the results of millions of tests of every imaginable group in the population.
But there is substantial evidence that they shifted sentencing power from judges to prosecutors; provoked widespread circumvention; exacerbated racial disparities in imprisonment; and made sentences much longer, prison populations much larger, and incarceration rates much higher. The policy initiatives that swept the nation were by and large ineffective at creating just, consistent, and transparent sentencing systems. The more targeted approaches—parole and presumptive sentencing guidelines, especially when incorporating prison capacity constraints—were effective.
Both parole and presumptive sentencing guidelines, when well designed and implemented, can demonstrably improve consistency, reduce disparity, and make these critical decisions more transparent. Presumptive sentencing guidelines incorporating prison capacity constraints offer a proven method for setting sentencing priorities, minimizing disparities, controlling prison population growth, and managing correctional budgets.
First, law reform initiatives aimed at achieving greater fairness, consistency, and transparency in sentencing have achieved their goals more successfully than initiatives aimed at achieving greater severity, certainty, and crime prevention. Second, social science evidence on the effectiveness of sanctions and the operation of the justice system informed the development of parole and sentencing guidelines but had little influence on the development of initiatives aimed at achieving greater severity, certainty, and crime prevention.
The evidence base on sentencing is broader and deeper now than in the s and s, but the primary findings have not changed significantly since they were disseminated in a series of National Research Council reports between and Third, initiatives aimed at achieving greater severity, certainty, and crime prevention were largely incompatible with fundamental and widely shared ideas about just punishment that have characterized the United States and other Western countries since the Enlightenment.
Many also have violated the principle of parsimony—that punishments should be no more severe than is required to achieve their legitimate purposes. Fourth, racial and ethnic disparities in imprisonment reached extreme and unprecedented levels in the s and s and have since remained at deeply troubling levels.
They are partly caused and significantly exacerbated by recent sentencing laws aimed at achieving greater severity, certainty, and crime prevention and by law enforcement strategies associated. They also result partly from small but systematic racial differences in case processing, from arrest through parole release, that have a substantial cumulative effect.
And they are influenced by conscious and unconscious bias and stereotyping that remain pervasive in America despite the near disappearance of widespread beliefs about racial superiority and inferiority. After decades of stability from the s to the early s, the rate of imprisonment in the United States more than quadrupled during the last four decades. The U. Just under one-quarter of the world's prisoners are held in American prisons. Prisoners often carry additional deficits of drug and alcohol addictions, mental and physical illnesses, and lack of work preparation or experience.
The growth of incarceration in the United States during four decades has prompted numerous critiques and a growing body of scientific knowledge about what prompted the rise and what its consequences have been for the people imprisoned, their families and communities, and for U. The Growth of Incarceration in the United States examines research and analysis of the dramatic rise of incarceration rates and its affects.
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