Race and crime

One in three African American males ages 20-29 are under some form of correctional supervision in the U.S.Proportion has doubled since WW IIAlso victimized at higher rates

Prison populations

In 1926, 75-80% of inmates were whiteToday, around 50%1926: about 20% of inmates were African AmericanNow around 50%Gap began to narrow noticeably in the 1970s

Theoretical explanations

Biological unlikely—does not account for the changesPoorer prenatal care and nutrition might contribute a biological factor, but there are social roots to this problemMost explanations sociological

Theoretical explanations

Moynihan reportEconomic factorsPoverty (1/2 of AF Am children live below the poverty line); HispanicsBarriers to employment and educationHowever, do not explain the increaseRelative deprivation

Income distribution

1% of the population owns 40% of the wealthThe top 20% own 80% of the wealthThe top 20% have become wealthier over the last 40 yearsThe bottom 20% has lost ground

Theoretical explanations

Ecological research: migration from the rural South beginning in the 1920s and 1930s.Durkheim and alienationCulture conflict, Conflict theoryExamples of conflict theory

The role of the CJS

14th amendment guarantees equal protectionPost Civil War amendmentRules out arbitrary and unreasonable government classificationsDoes not prohibit “reasonable” classifications (I.e., children v. adults)

14th amendment

There must be a relationship between classification and a legitimate governmental purposeIf a law impinges on a fundamental right, then the state must have a “compelling state interest”Suspect classifications: race, national origin, illegitimacy, gender (??)

Police

Most riots in U.S. have been sparked by incidents involving the policeYoung low-income men have the most negative views of the policePolice brutalityStop and frisksSearches (more likely to get caught)

Police

Profiling

Courts

Jury selectionChallenges for cause and peremptory challengesSwain v. AlabamaReversed in Batson v. KY: race based peremptory challenges violated EPLittle effect

Courts

Legal representationMuch of the debate has been over private v. public defendersNot a consistent pattern. The research does not get at quality of representationBail

Plea bargaining

Prosecutors more willing to offer concession for less serious crimes, fewer priors, weak evidenceA number of studies suggest that whites get better deals, although studies in some states find that it makes no difference“Substantial assistance”

Juvenile Justice

Minorities more likely to be formally processedMore likely to be transferred to adult court

Sentencing

Partially dependent on race of victim and offenderMajority of crime is intraracial(exception: Native American Indians)For some types of crimes, sentencing of African American is longer if the victim is white

Sentencing

For some very serious crimes, race appears to make little differenceDeath penaltyBaldus studyA minority murderer with a white victim were more likely to get the death penalty

Death penalty

Race of the victim, rather than the offender, had the greatest impact on the outcomeMcKlesky v Kemp (1987)Used this study to challenge the imposition of the death penaltyCourt ruled that he had not shown discrimination in his individual case

Conclusions

Pure justice to systematic discriminationU.S. in the middleMinorities treated more harshly at some stages, no differently at othersVariation from jurisdiction to jurisdiction