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April 23, 2018

A recent accounting of "Racial Disparities in the United States Criminal Justice System"

Download (12)I just came across this notable recent publication which describes itself as a "Report of The Sentencing Project to the United Nations Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenophobia, and Related Intolerance Regarding Racial Disparities in the United States Criminal Justice System."  The relatively short report's introduction provides a flavor for its coverage, and here are excerpts from the introduction:

African Americans are more likely than white Americans to be arrested; once arrested, they are more likely to be convicted; and once convicted, and they are more likely to experience lengthy prison sentences.  African-American adults are 5.9 times as likely to be incarcerated than whites and Hispanics are 3.1 times as likely. As of 2001, one of every three black boys born in that year could expect to go to prison in his lifetime, as could one of every six Latinos — compared to one of every seventeen white boys.  Racial and ethnic disparities among women are less substantial than among men but remain prevalent.

The source of such disparities is deeper and more systemic than explicit racial discrimination.  The United States in effect operates two distinct criminal justice systems: one for wealthy people and another for poor people and people of color.  The wealthy can access a vigorous adversary system replete with constitutional protections for defendants.  Yet the experiences of poor and minority defendants within the criminal justice system often differ substantially from that model due to a number of factors, each of which contributes to the overrepresentation of such individuals in the system.....

By creating and perpetuating policies that allow such racial disparities to exist in its criminal justice system, the United States is in violation of its obligations under Article 2 and Article 26 of the International Covenant on Civil and Political Rights to ensure that all its residents — regardless of race — are treated equally under the law.  The Sentencing Project notes that the United Nations Special Rapporteur is working to consult with U.S. civil society organizations on contemporary forms of racism, racial discrimination, and related intolerance.  We welcome this opportunity to provide the UN Special Rapporteur with an accurate assessment of racial disparity in the U.S. criminal justice system....

This report chronicles the racial disparity that permeates every stage of the United States criminal justice system, from arrest to trial to sentencing to post prison experiences.  In particular, the report highlights research findings that address rates of racial disparity and their underlying causes throughout the criminal justice system.  The report concludes by offering recommendations on ways that federal, state, and local officials in the United States can work to eliminate racial disparity in the criminal justice system and uphold its obligations under the Covenant.

April 23, 2018 at 11:11 AM | Permalink

Comments

Context:

Race, ethnicity and crime statistics.

For the White–Black comparisons, the Black level is 12.7 times greater than the White level for homicide, 15.6 times greater for robbery, 6.7 times greater for rape, and 4.5 times greater for aggravated assault.

For the Hispanic- White comparison, the Hispanic level is 4.0 times greater than the White level for homicide, 3.8 times greater for robbery, 2.8 times greater for rape, and 2.3 times greater for aggravated assault.

For the Hispanic–Black comparison, the Black level is 3.1 times greater than the Hispanic level for homicide, 4.1 times greater for robbery, 2.4 times greater for rape, and 1.9 times greater for aggravated assault.

From

REASSESSING TRENDS IN BLACK VIOLENT CRIME, 1980.2008: SORTING OUT THE "HISPANIC EFFECT" IN UNIFORM CRIME REPORTS ARRESTS, NATIONAL CRIME VICTIMIZATION SURVEY OFFENDER ESTIMATES, AND U.S. PRISONER COUNTS, See pages 208-209, FN 5, DARRELL STEFFENSMEIER, BEN FELDMEYER, CASEY T. HARRIS, JEFFERY T. ULMER, Criminology, Volume 49, Issue 1, Article first published online: 24 FEB 2011 http://onlinelibrary.wiley.com/doi/10.1111/j.1745-9125.2010.00222.x/pdf


Posted by: Dudley Sharp | Apr 24, 2018 9:30:12 AM

You have to consider events and processes that occurred prior to arrest as well as processes that occurred after arrest when discussing racial disparities. We start out with a higher felony to misdemeanor ratio for Blacks and post arrest processing amplifies the disparity. One side is in denial about the high felony to misdemeanor ratio and the other side is in denial about the subsequent amplification of the initial disparity. In other words "It is Not Our Fault".

Posted by: John Neff | Apr 24, 2018 2:15:43 PM

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