Race and crime One in three African American males ages are under some form of correctional supervision in the U.S. Proportion has doubled since WW II Also victimized at higher rates

Prison populations In 1926, 75-80% of inmates were white Today, around 50% 1926: about 20% of inmates were African American Now around 50% Gap began to narrow noticeably in the 1970s

Theoretical explanations Biological unlikely—does not account for the changes Poorer prenatal care and nutrition might contribute a biological factor, but there are social roots to this problem Most explanations sociological

Theoretical explanations Moynihan report Economic factors Poverty (1/2 of AF Am children live below the poverty line); Hispanics Barriers to employment and education However, do not explain the increase Relative deprivation

Income distribution 1% of the population owns 40% of the wealth The top 20% own 80% of the wealth The top 20% have become wealthier over the last 40 years The bottom 20% has lost ground

Theoretical explanations Ecological research: migration from the rural South beginning in the 1920s and 1930s. Durkheim and alienation Culture conflict, Conflict theory Examples of conflict theory

The role of the CJS 14 th amendment guarantees equal protection Post Civil War amendment Rules out arbitrary and unreasonable government classifications Does not prohibit “reasonable” classifications (I.e., children v. adults)

14 th amendment There must be a relationship between classification and a legitimate governmental purpose If 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 police Young low-income men have the most negative views of the police Police brutality Stop and frisks Searches (more likely to get caught)

Police Profiling

Courts Jury selection Challenges for cause and peremptory challenges Swain v. Alabama Reversed in Batson v. KY: race based peremptory challenges violated EP Little effect

Courts Legal representation Much of the debate has been over private v. public defenders Not a consistent pattern. The research does not get at quality of representation Bail

Plea bargaining Prosecutors more willing to offer concession for less serious crimes, fewer priors, weak evidence A 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 processed More likely to be transferred to adult court

Sentencing Partially dependent on race of victim and offender Majority 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 difference Death penalty Baldus study A 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 outcome McKlesky v Kemp (1987) Used this study to challenge the imposition of the death penalty Court ruled that he had not shown discrimination in his individual case

Conclusions Pure justice to systematic discrimination U.S. in the middle Minorities treated more harshly at some stages, no differently at others Variation from jurisdiction to jurisdiction