racism

Racism (26): Racism in Criminal Justice

Twelve Angry Men

Scene from the movie “Twelve Angry Men”, about an all-white, all-male jury exonerating (albeit after some trouble) a defendant who’s probably not white

(source)

African Americans get, on average, a raw deal from the criminal justice system in the US. They get arrested more often, in part because of racial profiling; when they end up in court, they face racially biased juries; and when it’s time to sentence them, they receive harsher penalties and join an already overrepresented group in the prison system (African Americans are more likely to spend time in jail and when they do they spend more time in jail). Some more evidence:

Biased juries

Here’s a study showing that the racial composition of juries affects trial outcomes and conviction rates:

This article examines the impact of jury racial composition on trial outcomes using a data set of felony trials in Florida between 2000 and 2010. We use a research design that exploits day-to-day variation in the composition of the jury pool to isolate quasi-random variation in the composition of the seated jury, finding evidence that (i) juries formed from all-white jury pools convict black defendants significantly (16 percentage points) more often than white defendants, and (ii) this gap in conviction rates is entirely eliminated when the jury pool includes at least one black member. The impact of jury race is much greater than what a simple correlation of the race of the seated jury and conviction rates would suggest. These findings imply that the application of justice is highly uneven and raise obvious concerns about the fairness of trials in jurisdictions with a small proportion of blacks in the jury pool. (source)

Whether or not someone is convicted has a lot to do with the luck of the draw or with the success of prosecutors or defendants wishing to remove people from juries. This raises obvious concerns about the fairness of criminal justice.

Here are the study’s results in the form of a drawing:

racial bias in jury trials

(source)

Biased prosecutors

African Americans receive longer sentences because prosecutors are, on average, more likely to charge them with crimes that require minimum sentences:

This study provides robust evidence that black arrestees in the federal system—particularly black men—experience moderately but significantly worse case outcomes than do white defendants arrested for the same crimes and with the same criminal history. Most of that disparity appears to be introduced at the initial charging stage …  [C]ompared to white men, black men face charges that are on average about seven to ten percent more severe on various severity scales, and are more than twice as likely to face charges carrying mandatory minimum sentences.  These disparities persist after charge bargaining and, ultimately, are a major contributor to the large black-white disparities in prison sentence length. (source)

Biased police

An example of racial profiling: a study of New York City’s stop-and-frisk program has revealed that

out of all ethnicities stopped, white people had the highest chance of having committed a crime, despite being proportionally the least searched. (source)

racial profiling in NY

(source)
Standard

5 thoughts on “Racism (26): Racism in Criminal Justice

  1. Pingback: Segregation 2.0 | Intentious

  2. Pingback: Human Rights Quote (87): African American Voting Rights | P.a.p.-Blog, Human Rights Etc.

  3. Pingback: Black and Latino in America: The Race to Incarcerate « Doc Bonn Blog

  4. Hugo Fuchs says:

    Statistics: Correlation does not imply causation.
    If you adjusted that by neighborhood, by wealth, you’d get a more accurate picture.

  5. Pingback: The Vagaries of Moral Progress (16): Teaching Criminals a “Lesson” | P.a.p.-Blog // Human Rights Etc.

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