The Criminal Justice System

Racial Disparities

http://www.ojp.usdoj.gov/bjs/

1997 Executions

74 people were executed in the U.S.

Racial Breakdown39 white26 black9 of other races

Hate Crimes

Lynchings through mid-1950s

Crimes directed at Asians, Blacks, and Homosexuals among others

1998: James Byrd, Jr (49 year old Black Man): beaten, sprayed in the face with black paint, chained by his ankles to a pick-up truck, and dragged for three miles along an isolated logging road in East Texas

What does this mean?

Does this mean that blacks are more likely to commit crimes that result in the death penalty?Does it mean that the criminal justice system discriminates against blacks in such a way that they are more likely than whites to receive the death penalty?Should we have laws that carry tougher penalties when people are targeted because of the group they belong to?

Hate Crimes, 1998 (FBI)

Race/Ethnicicity Number

Anti-White 792

Anti-Black 2,901

Anti-Indian 52

Anti-Asian 293

Anti-Jewish 1,081

Anti-Hispanic 482

Lifetime likelihood of going to State or Federal prisonIf recent incarceration rates remain unchanged, an estimated 1 of every 20 persons (5.1%) will serve time in a prison during their lifetime.

Lifetime chances of a person going to prison are higher for

-- men (9%) than for women (1.1%)

-- blacks (16.2%) and Hispanics (9.4%) than for whites (2.5%)

Prison Statistics, continued

Based on current rates of first incarceration, an estimated 28% of black males will enter State or Federal prison during their lifetime, compared to 16% of Hispanic males and 4.4% of white males

Sixty-four percent of prison inmates belonged to racial or ethnic minorities in 2001

Racial Differences in Victimization

According to the FBI's Uniform Crime Reports, in 2000 about 49% of murder victims were white, 49% were black, and 2% were Asians, Pacific Islander, and Native Americans.

In 2000, per 1,000 persons age 12 or older in each racial group, 35 blacks, 27 whites, and 21 of other races were victims of violence.

Federal Drug Cases, 1999

Almost half (46%) of those charged with a drug offense were identified as Hispanic; 28%, black; 25%, white; and 2%, other racial or ethnic groups.

Sandefur’s experience as an expert witness: cocaine, the Gorilla bandit, and Indian reservations

What the Hell is Going On?

Criminal Activity

Arrests

Convictions

Sentencing

Possible Explanations of Racial Differences in

Criminal Activity

Social Control Theory

Differential Association

Structural Strain

Labeling Theory

Rational Choice Models

Which one would Anderson choose?

Solutions

Reduce structural strain by increasing legitimate opportunities

Deterrence through strict enforcement, mandatory sentencing

Conclusions

Members of minority groups are in general more likely to be the victims of crime and more likely to be imprisoned for crimes.

Current approach based largely on social control and deterrence models

Question: how much would a reduction in racial inequality reduce racial differences in criminal victimization and imprisonment?