The Criminal Justice System

1. The Criminal Justice System Racial Disparities http://www.ojp.usdoj.gov/bjs/

2. 1997 Executions • 74 people were executed in the U.S. • Racial Breakdown • 39 white • 26 black • 9 of other races

3. 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

4. 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?

5. 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

6. Lifetime likelihood of going to State or Federal prison • If 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%)

7. 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

9. 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.

10. 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

11. What the Hell is Going On? • Criminal Activity • Arrests • Convictions • Sentencing

12. 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?

13. Solutions • Reduce structural strain by increasing legitimate opportunities • Deterrence through strict enforcement, mandatory sentencing

14. 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?