RACIAL THREAT,CONCENTRATED DISADVANTAGE AND SOCIAL CONTROL: CONSIDERING THE MACRO‐LEVEL SOURCES OF VARIATION IN ARRESTS*

Several studies have examined the relationship between racial threat (measured by the size of black population) and social control imposed on blacks, but evidence of this hypothesis has been mixed. Although dependency on percent black as the main indicator of racial threat in many studies has contributed to the inconsistency in findings, we argue that this literature has also neglected to consider other important conceptual and methodological issues. Using 2000 census and arrest data, we estimate the impact of multiple measures of racial economic threat, such as the size of the black population, racial inequality and black immigration patterns on black arrest rates. Furthermore, by integrating racial competition and race‐relations arguments, we examine how the concentration of black disadvantage may temper the extent to which blacks pose a threat to white interests. Our findings reveal important and conceptually distinct relationships between racial threat, concentrated disadvantage and the use of social control against blacks, particularly when compared to white arrests.     

Police organizational factors,the racial composition of the police,and the probability of arrest

While past research has considered the effects of police organizational characteristics on various outcomes, including arrest rates, relatively little research has explored the role of the racial composition of the police and its association with race‐specific arrest rates. Furthermore, no research has explored the association between arrest probabilities for Black and White offenders and police organizational factors. Using data from the 2000 National Incident‐Based Reporting System (NIBRS), the 2000 Law Enforcement Management and Administrative Statistics (LEMAS), and the 2000 decennial Census, the present exploratory study employs multilevel modeling to examine the association between police organizational factors including the percentage of the police force that is Black and arrest probabilities for offenders involved in 19,099 aggravated assaults and 100,859 simple assaults across 105 small cities. Results show that for simple assaults, the relative size of the Black police force is associated with the risk of arrest for both Black and White offenders. Furthermore, departments with relatively more Black police officers are found to have the largest gap in the arrest probabilities for White and Black offenders, although Whites are more likely to be arrested for assaults than Blacks, regardless of the racial composition of the police. Results also show those departments with more written policy directives, relatively larger administrative component, a higher educational‐level requirement, and centralized police departments have the highest arrest probabilities. Implications of these findings and recommendations for further research are discussed.     

RACIAL TYPIFICATION OF CRIME AND SUPPORT FOR PUNITIVE MEASURES

This paper assesses whether support for harsh punitive policies toward crime is related to the racial typification of crime for a national random sample of households (N=885), surveyed in 2002. Results from OLS regression show that the racial typification of crime is a significant predictor of punitiveness, independent of the influence of racial prejudice, conservatism, crime salience, southern residence and other factors. This relationship is shown to be concentrated among whites who are either less prejudiced, not southern, conservative and for whom crime salience is low. The results broaden our understanding of the links between racial threat and social control, beyond those typically associated with racial composition of place. They also resonate important themes in what some have termed modern racism and what others have described as the politics of exclusion.     

Is it all about race? Intergroup threat and perceptions of racial profiling

Relatively few studies have assessed theoretically relevant predictors of individual’s perceptions of racial profiling by law enforcement officers. The current study addresses this limitation by drawing on theoretical frameworks highlighted in the growing body of literature examining disproportionate minority contact (DMC) with the criminal justice system. Specifically, we draw on the racial and symbolic threat perspectives with the objective of identifying theoretically relevant individual and community level predictors of perceptions of racial profiling by public and private police bodies in airports, malls, and on the roads. Results of our analysis of data on White and Black individuals nested within communities support the racial threat perspective in documenting the influence of racial heterogeneity and interracial labor market competition on perceptions of racial profiling. However, in contention to predictions derived from the symbolic threat perspective, the results fail to uncover a link between interracial socioeconomic inequality and perceptions of racial profiling by law enforcement officers. These results highlight the importance of moving beyond individual explanations of profiling and other forms of DMC and suggest community characteristics and perceptions of intergroup threat are particularly salient to understanding perceptions of race-based distinctions in formal social control.     

INTERGROUP AND INTRAGROUP VIOLENCE: IS VIOLENT CRIME AN EXPRESSION OF GROUP CONFLICT OR SOCIAL DISORGANIZATION?*

The impact of residential turnover and compositional change at the neighborhood level on local patterns of crime lies at the center of most ecological studies of crime and violence. Of particular interest is how racial and ethnic change impacts intragroup and intergroup crime. Although many studies have examined this effect using city‐level data, few have evaluated it using neighborhood‐level data. Using incident‐level data for the South Bureau Policing Area of the Los Angeles Police Department aggregated to census tracts, we use a novel methodology to construct intragroup and intergroup rates of robbery and assaults. The South Bureau has experienced dramatic demographic change as it has transitioned from a predominately African‐American area to a predominately Latino area. We find support for the social disorganization model, as racial/ethnic transition in nearby tracts leads to greater levels of intergroup violence by both groups as well as to more intragroup violence by Latinos. Such neighborhoods seem to experience a breakdown in norms, which leads to higher levels of violence in all forms. Particularly noteworthy is that intragroup crime is highest in all settings, which includes the most heterogeneous tracts. We also find support for the consolidated inequality theory, as greater inequality across the two groups leads to more violence by the disadvantaged group.     

MODELING THE EFFECTS OF RACIAL THREAT ON PUNITIVE AND RESTORATIVE SCHOOL DISCIPLINE PRACTICES*

It is clear that schools are mirroring the criminal justice system by becoming harsher toward student misbehavior despite decreases in delinquency. Moreover, Black students consistently are disciplined more frequently and more severely than others for the same behaviors, much in the same way that Black criminals are subjected to harsher criminal punishments than other offenders. Research has found that the racial composition of schools is partially responsible for harsher school discipline just as the racial composition of areas has been associated with punitive criminal justice measures. Yet, no research has explored comprehensively the dynamics involved in how racial threat and other factors influence discipline policies that ultimately punish Black students disproportionately. In this study (N = 294 public schools), structural equation models assess how school racial composition affects school disciplinary policies in light of other influences on discipline and gauge how other possible predictors of school disciplinary policies relate to racial composition of schools, to various school disciplinary policies, and to one another. Findings indicate that schools responding to student misbehavior with one type of discipline tend to use other types of responses as well and that many factors predict the type of disciplinary response used by schools. However, disadvantaged, urban schools with a greater Black, poor, and Hispanic student population are more likely to respond to misbehavior in a punitive manner and less likely to respond in a restorative manner.     

RECONSIDERING THE RELATIONSHIP BETWEEN PERCEIVED NEIGHBORHOOD RACIAL COMPOSITION AND WHITES’ PERCEPTIONS OF VICTIMIZATION RISK: DO RACIAL STEREOTYPES MATTER?*

Recent theoretical extensions of threat theory have posited that Whites frequently view Blacks as a criminal threat because of stereotypes linking race and crime. Several studies have found indirect support for this hypothesis and have shown that the percentage of neighborhood residents who are Black is positively associated with the perceptions of victimization risk and fear of crime by White residents. To date, however, little research has investigated whether, as theory would suggest, this relationship is either a consequence of or is contingent on Whites holding stereotypes of Blacks as criminals. In this article, we address this issue by examining whether racial typification of crime mediates or moderates the relationships between static and dynamic measures of neighborhood racial composition and the perceptions of victimization risk by Whites. The results offer mixed support for the threat hypothesis and show that racial typification of crime conditions the relationship between perceived changes in neighborhood racial composition and the perceptions of victimization risk by Whites, but neither explains nor influences the association between static measures of racial composition and the latter. The implications of the findings for threat theory and research are discussed.     

ETHNIC THREAT AND SOCIAL CONTROL: EXAMINING PUBLIC SUPPORT FOR JUDICIAL USE OF ETHNICITY IN PUNISHMENT*

Research on social inequality in punishment has focused for a long time on the complex relationship among race, ethnicity, and criminal sentencing, with a particular interest in the theoretical importance that group threat plays in the exercise of social control in society. Prior research typically relies on aggregate measures of group threat and focuses on racial rather than on ethnic group composition. The current study uses data from a nationally representative sample of U.S. residents to investigate the influence of more proximate and diverse measures of ethnic group threat, examining public support for the judicial use of ethnic considerations in sentencing. Findings indicate that both aggregate and perceptual measures of threat influence popular support for ethnic disparity in punishment and that individual perceptions of criminal and economic threat are particularly important. Moreover, we find that perceived threat is conditioned by aggregate group threat contexts. Findings are discussed in relation to the growing Hispanic population in the rapidly changing demographic structure of U.S. society.     

Revisiting the Racial Threat Thesis: The Role of Police Organizational Characteristics in Predicting Race‐Specific Drug Arrest Rates

Previous research examining the relationship between structural factors and drug arrest rates has neglected the role of the police organization. A central proposition of racial threat theory is that indicators of a threatening Black population will be associated with law enforcement actions as a form of social control. In order to fully test this proposition, however, organizational aspects of law enforcement beyond size of the police force must be considered. Hence, the present study examines police organizational factors as direct predictors of race‐specific drug arrest rates but also as potential moderators of the effects of structural factors on drug arrest rates. Using data from 260 cities, we find that police organizational factors matter, both directly and as moderators of the association between racial economic competition and Black drug arrest rates. Consistent with expectations derived from racial threat and organizational theory, we find that racial threat measures are associated with Black drug arrest rates under conditions of relatively low organizational control.     

‘There’s just places ya’ don’t wanna go’: the segregating impact of hate crime against Native Americans

Between 1999 and 2001, I interviewed or surveyed nearly 300 Native Americans in seven states, in an effort to uncover insights into the prevalence, dynamics, and local contexts of hate crime as experienced by Native Americans living in remote, rural reservations. One of the predominant themes that emerged revolved around one of the most damaging effects of the ongoing racial harassment and violence that threatens them on a daily basis. What I have observed is that hate crime has become an institutionalized mechanism for establishing boundaries, both social and physical. It reinforces historical patterns of withdrawal and isolation, in short, segregation. Through violence, the threat of violence, or even through the malevolent gaze, Native Americans are daily reminded that there are places in which they are not welcome. For too many American Indians, the perception, if not the reality of ‘what’s out there’ has its intended effect of keeping people in their place.     

The discipline of difference: Ethnolinguistic heterogeneity and corporal punishment

The minority threat hypothesis contends that growth in the size of a given minority population along with the ensuing competition for social and political resources will threaten existing social power arrangements. Regarding punishment specifically, the hypothesis states that dominant groups will support coercive measures to keep minority populations sufficiently oppressed. Using the minority threat hypothesis as our theoretical foundation, we posit that the more heterogeneous a population, the more social control will be necessary to maintain societal equilibrium for those in power. In effect a more personal, physical, and visceral response to criminal behavior will be deemed necessary in countries with high levels of fractionalization. This more focused form of social discipline will manifest as corporal punishment. Comparing modalities of punishment against varying population characteristics, we find that countries with higher levels of ethnic, linguistic, and religious fractionalization are more likely to employ corporal punishment against criminal offenders.     

Bail and Pretrial Release Decisions

Abstract

The racial threat perspective is tested using data from empirical studies of bail and pretrial release. Of the thirty empirical studies investigating race and bail/pretrial release, eighteen identified specific cities and counties, thereby permitting an examination of the effect of racial composition on the race and bail/pretrial release nexus. Results suggest a possible modification of the racial threat perspective as typically conceptualized. Other factors affecting this relationship are briefly discussed.     

美国种族隔离案件裁决与宪法解释方法

宪法解释是法院依照宪法审理案件、体现对社会动态合宪性评价的重要方式。通过对有关种族隔离案件的裁决,美国最高法院在推翻种族隔离、发展民权运动的历程中扮演着重要角色。本文选取三个典型案例——使"平等隔离"理论合宪化的"普莱西案"、推翻"平等隔离"理论的"布朗第一案"和将"平等保护"条款适用于联邦政府的"特区学校第一案"——阐述原旨主义与非原旨主义的论争以及历史解释和结构解释等宪法解释方法的运用。多种宪法解释方法时常结合使用,在具体案件审理中可能需要综合予以考虑。     

RACIAL THREAT,PARTISAN POLITICS,AND RACIAL DISPARITIES IN PRISON ADMISSIONS: A PANEL ANALYSIS*

Why are racial disparities in imprisonment so pronounced? Studies of alternative outcomes in the criminal justice system find positive relationships between minority presence and punitive outcomes. Therefore, it is puzzling that the studies of racial incarceration ratios find negative relationships between this presence and such discrepancies. We use a pooled time‐series design to resolve this dilemma. Successful Republican attempts to link crime with public concerns about a dangerous racial underclass also suggest that where these racial appeals are successful, African Americans should face higher incarceration rates than whites. In contrast to prior research, our results are consistent with findings about other criminal justice outcomes. They show that an inverted, U‐shaped, nonlinear relationship is present between African‐American presence and racial disparities in imprisonments. Additional results indicate that the presence of African Americans in deep southern states and greater support for Republican presidential candidates together with increases in the most menacing crime (which often is blamed on African Americans) also help to explain these discrepant racial prison admission rates.     

Neighborhood climates of legal cynicism and complaints about abuse of police power†

Research findings show that legal cynicism—a cultural frame in which skepticism about laws, the legal system, and police is expressed—is important in understanding neighborhood variation in engagement with the police, particularly in racially isolated African American communities. We argue that legal cynicism is also useful for understanding neighborhood variation in complaints about police misconduct. Using data on complaints filed in Chicago between 2012 and 2014, we show that grievances disproportionately came from racially segregated neighborhoods and that a measure of legal cynicism from the mid-1990s predicts complaints about abuse of police power two decades later. The association between legal cynicism and complaints is net of prior complaints, reported crime, imprisonment, and other structural factors that contribute to the frequency and nature of interactions involving police and residents. Legal cynicism also mediates the influence of racially isolated neighborhoods on complaints. The mid-1990s is the approximate midpoint of a half-century of police scandals in Chicago. Our research findings suggest that contemporary complaints about police misconduct in highly segregated Chicago neighborhoods are grounded in collectively shared historical memories of police malfeasance. They also suggest that persistent complaints about police misconduct may represent officially memorialized expressions of enduring racial protest against police abuse of power.     

The Influence of Legal Reform on the Probability of Arrest in Domestic Violence Cases

Using domestic violence incidence and arrest data from Maryland (1991–1997), this research examines whether the proportion of incidents that result in arrest increased due to a legislative initiative implemented in 1994 and, if so, whether this change is uniform across different types of offenders (race and gender) and offense characteristics. Using interrupted time‐series analysis (ARIMA), we observe an increase in both the number of incidents reported to police and the percent of reported cases resulting in arrest. The legislative intervention has a significant positive impact on arrest likelihood above and beyond the increase over time for the state as a whole. While arrest probabilities increased across the board for males and females, African American and Whites, the ARIMA models do not suggest that the legislation differentially impacted arrest probabilities for these groups.     

COMMUNITY ACCOUNTABILITY,MINORITY THREAT,AND POLICE BRUTALITY: AN EXAMINATION OF CIVIL RIGHTS CRIMINAL COMPLAINTS*

A growing body of evidence shows that minorities are disproportionately the targets of police brutality, but important theoretical questions about the causes of that inequity remain unanswered. One promising line of research involves structural‐level analyses of the incidence of police brutality complaints; however, existing studies do not incorporate variables from alternative theoretical explanations. Drawing on the community accountability hypothesis and the threat hypothesis, we tested the predictions of two prominent structural‐level explanations of police brutality in a study of civil rights criminal complaints. The study included cities of 150,000+ population (n = 114). The findings reveal that two community accountability variables—ratio percent Hispanic citizens to percent Hispanic police officers and the presence of citizen review—were related positively to police brutality complaints, partially supporting that perspective. Two threat hypothesis measures of threatening people—percent black and percent Hispanic (in the Southwest)—were related positively to complaints, as predicted. The relative degree of support for the two hypotheses is assessed.