Producing race disparities: A study of drug arrests across place and race*

In studies of race disparities in policing, scholars generally employ quantitative methodologies with the goal of determining whether race disparities exist or, in fewer instances, of ruling out correlates. Yet, lacking from theoretical and empirical efforts is an elucidation of how and why on‐the‐ground policing produces race disparities that are justified in legal, race‐neutral terms. To address this knowledge gap, I analyze officers’ self‐reported accounts of their enforcement activities, justifications, and decision‐making in a representative sample of 300 official reports of drug arrests made in St. Louis from 2009 to 2013. These accounts are analyzed across neighborhood racial contexts and arrestee race, revealing important differences that help illuminate the race disparity problem. Unlike drug arrests in White neighborhoods or of White citizens that primarily stem from reactive policing, drug arrests in Black and racially mixed neighborhoods and of Black citizens result from officers’ greater use of discretionary stops based on neighborhood conditions, suspicion of ambiguous demeanor, or minor infractions. During such stops, officers’ discovery of drug possession often results from discretionary Terry frisks or searches incident to arrests for outstanding bench warrants. These findings fill important theoretical and empirical gaps and have implications for reforms toward racially just policing.     

HOW JUDGES THINK ABOUT RACIAL DISPARITIES: SITUATIONAL DECISION‐MAKING IN THE CRIMINAL JUSTICE SYSTEM*

Researchers have theorized how judges’ decision‐making may result in the disproportionate presence of Blacks and Latinos in the criminal justice system. Yet, we have little evidence about how judges make sense of these disparities and what, if anything, they do to address them. By drawing on 59 interviews with state judges in a Northeastern state, we describe, and trace the implications of, judges’ understandings of racial disparities at arraignment, plea hearings, jury selection, and sentencing. Most judges in our sample attribute disparities, in part, to differential treatment by themselves and/or other criminal justice officials, whereas some judges attribute disparities only to the disparate impact of poverty and differences in offending rates. To address disparities, judges report employing two categories of strategies: noninterventionist and interventionist. Noninterventionist strategies concern only a judge's own differential treatment, whereas interventionist strategies concern other actors’ possible differential treatment, as well as the disparate impact of poverty and facially neutral laws. We reveal how the use of noninterventionist strategies by most judges unintentionally reproduces disparities. Through our examination of judges’ understandings of racial disparities throughout the court process, we enhance understandings of American racial inequality and theorize a situational approach to decision‐making in organizational contexts.     

Race,Neighborhood, and Drug Court Graduation

This research examines the possibility that racial disparities in drug court graduation are attributable to individual-level employment or education or to neighborhood-level disadvantage. Individual-level data on 455 drug court clients and neighborhood-level census and police incident data are joined geographically. Drug court graduation is modeled using multilevel logistic regression. In a model with no neighborhood-level indicators, client race, employment, and education all predicted drug court graduation. When neighborhood-level variables are introduced, client-level race drops from significance but employment and education remain significant predictors of graduation. Client race, then, appears to be an indirect indicator of neighborhood disadvantage, while client employment and education remain important individual-level predictors of drug court graduation. These results support further analysis of neighborhood-based barriers to drug court graduation and the development of drug court programming that can address neighborhood-based challenges.     

RACE,DRUGS, AND POLICING: UNDERSTANDING DISPARITIES IN DRUG DELIVERY ARRESTS*

This article draws on several unique data sources to assess and explain racial disparity in Seattle's drug delivery arrests. Evidence regarding the racial and ethnic composition of those who deliver any of five serious drugs in that city is compared with the racial and ethnic composition of those arrested for this offense. Our findings indicate that blacks are significantly overrepresented among Seattle's drug delivery arrestees. Several organizational practices explain racial disparity in these arrests: law enforcement's focus on crack offenders, the priority placed on outdoor drug venues, and the geographic concentration of police resources in racially heterogeneous areas. The available evidence further indicates that these practices are not determined by race‐neutral factors such as crime rates or community complaints. Our findings thus indicate that race shapes perceptions of who and what constitutes Seattle's drug problem, as well as the organizational response to that problem.     

Racial and ethnic disparity in pretrial criminal processing

This study uses data on the processing of felony defendants in large urban courts to analyze racial and ethnic disparities in pretrial processing. There are three major findings. First, racial disparity is most notable during the decision to deny bail and for defendants charged with violent crimes. Second, ethnic disparity is most notable during the decision to grant a non‐financial release and for defendants charged with drug crimes. Third, when there is disparity in the treatment of Black and Latino defendants with similar legal characteristics, Latinos always receive the less beneficial decisions. These findings are consistent with the theoretical perspective offered, which suggests that stereotypes influence criminal processing when their specific content is made salient by either the concerns relevant to a particular processing decision or the crime type of a defendant’s primary charge.     

“Good moral characters”: how drug felons are impacted under state marijuana legalization laws

This article examines how drug felons will be impacted by marijuana legalization in the United States. What will happen to drug felons whose charges would be legal under current law? Can drug felons work in the newly developing legal marijuana industries? In this article we will overview the statistics on arrests and convictions with their high rates of racial disparities. The war on drugs has inspired the development of more repressive criminal justice tactics such as asset forfeiture, high rates of re-incarceration during parole for marijuana violations, drug courts and their further reach into lifestyles, and the difficulties of prisoner reentry, especially for drug felons, who are barred from many jobs and social services. We will look at the regulations of felony offenders working in the cannabis industry. And we will consider the outcomes of retroactive ameliorative relief for this case of marijuana possession felonies under legalization.     

Low self-control,gender, race,and offending in late life

Self-control theory has been one of the most scrutinized general frameworks of crime for over 20 years. A majority of evidence pertaining to the theory, however, is derived from samples of teenagers and young adults. Relatively little information exists regarding whether self-control explains offending among people in late adulthood. As such, the generality of the framework has yet to be fully examined. This study uses a representative sample of people aged 60 years and older from interviews conducted in Arizona and Florida. The current study tests two key propositions regarding the generality of the theory: (1) the extent to which self-control accounts for the relationship between demographic variables and criminal offending, and (2) the invariance thesis which stipulates that self-control will have a uniform effect on offending across social groups. The analyses reveal two findings regarding theoretical generality: (1) low self-control explains late-life criminal behavior but does not account for the relationship between offending and gender, and (2) low self-control has an invariant effect on offending across gender and race when measured behaviorally. Taken together, the analyses address important elements of the supposed generality of self-control theory and extend the framework's scope to the explanation of offending in late life.     

Do Blacks Speak with one Voice? Immigrants,Public Opinions,and Perceptions of Criminal Injustices

This paper tests core tenets of the theory of African-American offending proposed by Unnever and Gabbidon. Their theory posits that African-Americans have a common worldview on matters of race that is related to their offending. However, Unnever and Gabbidon further hypothesize that immigrant blacks do not fully embrace the worldview shared by US-born blacks. Using a 2008 national Gallup poll, we examine whether US-born blacks share a common worldview and whether foreign-born blacks differ in their opinions on key issues including: criminal injustices, the state of American race relations, attitudes towards immigration and illegal immigrants, and the perception of mobility within American society. The results partially confirm their two key hypotheses; there are no entrenched differences in the public opinions of US-born blacks on race-related matters while immigrant blacks do not wholly endorse their worldview. We discuss the implications of these two findings in relation to how scholars conceptualize offending among blacks.     

Evaluating the Role of Race in Sentencing: An Entropy Weighting Analysis

The current study builds on prior research examining racial disparities in sentencing. Entropy weighting is introduced as a new method for estimating racial disparities that has several advantages over traditionally used methods. Entropy weighting is compared to regression and propensity score methods in estimating Black-White disparities in incarceration sentences. Although all methods find non-significant racial disparities in incarceration sentences, regression and propensity score methods underestimate disparities in incarceration sentence lengths. Entropy weighting provides comparable estimates to propensity score methods, but assures that the samples are identical on all covariates aside from race. The method offers researchers a useful and flexible approach for estimating racial disparities in criminal justice, and its use may lead to alternative conclusions about the size and presence of racial disparities in sentencing.     

ARREST TRAJECTORIES ACROSS A 17‐YEAR SPAN FOR YOUNG MEN: RELATION TO DUAL TAXONOMIES AND SELF‐REPORTED OFFENSE TRAJECTORIES*

The purpose of this study was to evaluate the impact of different operationalizations of offending behavior on the identified trajectories of offending and to relate findings to hypothesized dual taxonomy models. Prior research with 203 young men from the Oregon Youth Study identified six offender pathways, based on self‐report data (Wiesner and Capaldi, 2003). The current study used official records data (number of arrests) for the same sample. Semiparametric groupbased modeling indicated three distinctive arrest trajectories: high‐level chronics, low‐level chronics, and rare offenders. Both chronic arrest trajectory groups were characterized by relatively equal rates of early onset offenders, which indicates, therefore, some divergence from hypothesized dual taxonomies. Overall, this study demonstrated limited convergence of trajectory findings across official records versus selfreport measures of offending behavior.     

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.     

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*

Recent studies suggest a decline in the relative Black effect on violent crime in recent decades and interpret this decline as resulting from greater upward mobility among African Americans during the past several decades. However, other assessments of racial stratification in American society suggest at least as much durability as change in Black social mobility since the 1980s. Our goal is to assess how patterns of racial disparity in violent crime and incarceration have changed from 1980 to 2008. We argue that prior studies showing a shrinking Black share of violent crime might be in error because of reliance on White and Black national crime statistics that are confounded with Hispanic offenders, whose numbers have been increasing rapidly and whose violence rates are higher than that of Whites but lower than that of Blacks. Using 1980–2008 California and New York arrest data to adjust for this “Hispanic effect” in national Uniform Crime Reports (UCR) and National Crime Victimization Survey (NCVS) data, we assess whether the observed national decline in racial disparities in violent crime is an artifact of the growth in Hispanic populations and offenders. Results suggest that little overall change has occurred in the Black share of violent offending in both UCR and NCVS estimates during the last 30 years. In addition, racial imbalances in arrest versus incarceration levels across the index violent crimes are both small and comparably sized across the study period. We conclude by discussing the consistency of these findings with trends in economic and social integration of Blacks in American society during the past 50 years.     

Together despite the odds: Explaining racial and ethnic heterogeneity in union dissolution after incarceration

The U.S. incarceration rate rose dramatically over the past 45 years, increasing the number of marriages and cohabiting unions disrupted by a jail or prison stay. But as some have pointed out, not all unions dissolve as a result of incarceration, and there seems to be racial–ethnic variation in this tendency, with Blacks displaying higher rates of dissolution than Whites and Hispanics. Yet it is unclear what explains racial–ethnic differences in union dissolution among the incarcerated. Drawing on the National Longitudinal Survey of Youth 1997 (NLSY97), we examine why racial–ethnic differences in union dissolution exist among a sample of individuals who had a marital or a cohabiting union interrupted by an incarceration spell. In doing so, we draw on social exchange theory and structural and cultural theories to suggest that racial–ethnic disparities in union dissolution are explained by differential exposure to protective relationship characteristics. The results of Cox hazard models reveal that Blacks have significantly higher hazards of union dissolution than do Whites and Hispanics. These results also indicate that being married, having a child together, having full-time employment, a longer union duration, and a shorter incarceration spell may protect against dissolution and that these factors account, in part, for the greater risk of dissolution among Blacks relative to Whites and Hispanics.     

STRUCTURAL INEQUALITY AND HOMICIDE: AN ASSESSMENT OF THE BLACK‐WHITE GAP IN KILLINGS*

This paper examines the relationship between race and violent crime by directly modeling the racial gap in homicide offending for large central cities for 1990. We evaluate the role of black‐white differences in aspects of both disadvantage and resources in explaining which places have wider racial disparities in lethal violence. The results show that where residential segregation is higher, and where whites' levels of homeownership, median income, college graduation, and professional workers exceed those for blacks to a greater degree, African Americans have much higher levels of homicide offending than whites. Based on these results, we conclude that the racial homicide gap is better explained by the greater resources that exist among whites than by the higher levels of disadvantage among blacks.     

Interpreting “Percent Black”

Abstract

Time series analysis is employed to assess the relationship between “percent Black” and violent crime in Washington D.C. over a 40-year period. Race-disaggregated violent crime arrest data are also examined. It is concluded that while there is some indication of a positive relationship between violent crime and “percent Black” over time, that relationship is not robust when disaggregated by race and crime type and may be limited to Black robbery offending. Further, it appears that “percent Black” may be serving as a proxy for other social problems. An exploration of possible correlates of racial disparity in violent arrests suggests that they are associated with a variety of factors, including social problems and their disparities.     

Racial Disparity in Police Stop and Searches in England and Wales

Data published by the United Kingdom’s Ministry for Justice clearly shows that, compared to persons who were White, members of racial minorities in England, particularly Blacks, were far more likely to be stopped and searched by the police. The question is whether such racial disparity in stops and searches could be justified by racial disparities in offending? Or whether the disparity in stop and searches exceeded the disparity in offending? This paper proposes a method for measuring the amount of excess in racial disparity in police stop and searches. Using the most recently published Ministry of Justice data (for 2007/08) for Police Areas in England and Wales it concludes that while in several Areas there was no excess to racial disparity in police stop and searches, there was, on the basis of the methodology proposed in the paper, evidence of such excess in some Police Areas of England and Wales.     

ECONOMIC THREAT AND RACIAL DISPARITIES IN INCARCERATION: THE CASE OF POSTBELLUM GEORGIA

Economic threat figures prominently in recent explanations of lethal social control directed against blacks after the Civil War. As the position of whites and blacks became more similar, racial antagonisms intensified and found expression in efforts to suppress and intimidate blacks through lynchings and executions. This paper applies the economic threat hypothesis to the exercise of nonlethal social control in Georgia between 1874 and 1936. Time series analysis indicates that declines in racial inequality slightly increased racial disparities in incarceration. More noticeably, they decreased the black male incarceration rate and increased its white counterpart. The paper concludes with a discussion of the theoretical and empirical implications of the results.     

Race and General Strain Theory: Microaggressions As Mundane Extreme Environmental Stresses

This article spotlights racial microaggressions as relevant for understanding delinquency and the race gap in offending among middle-schoolers. In doing so, we draw on an emerging body of delinquency research rooted in general strain theory that demonstrates the emotional and behavioral tolls of face-to-face discrimination. We contend that this body of research has not established the full impact of racial microaggressions on delinquency because it has not considered that the specter of microaggressive encounters follows African American youth in particular from experience to experience. Specifically, we propose that racial microaggressions influence juvenile offending both directly—as previously documented—and by exacerbating the impact of co-occurring stressful events and experiences on negative emotions and delinquency. Using data collected at a southeastern middle-school, we find support for this proposition, empirically documenting that racial microaggressions interact with co-occurring stressful experiences in OLS models predicting delinquency.     

RACIAL INEQUALITY AND RACIALLY DISAGGREGATED HOMICIDE RATES: AN ASSESSMENT OF ALTERNATIVE THEORETICAL EXPLANATIONS*

This research considers the relationship between levels of racial inequality and homicide rates for a sample of 154 U.S. cities. We identfy four causal processes that have been cited in the theoretical literature to explain the link between racial inequality and criminal violence. These diflerent causal explanations imply distinctive relationships between racial inequality and different types of homicide rates disaggregated by the racial characteristics of victims and offenders. Accordingly, we examine the effects of racial inequality on racially disaggregated homicide rates, as well as on total rates. We also introduce factor scales to alleviate the common problem of multicollinearity. Our results reveal significant, positive coefficients for racial inequality in equations predicting total homicide rates and race-specific offending rates. These results offer greatest support for theoretical arguments emphasizing a generalized effect of racial inequality on the offending behavior of residents of metropolitan communities.     

Sexual offending as a public health problem: A north american perspective

Abstract

This paper argues that we should cease treating sexual offending as a problem best dealt with by psychology, medicine, or law. Sexual offending, like mental illness, alcoholism, or drug addiction, is a public health problem, one that is everyone's business. The paper first considers the traditional levels of prevention in public health: primary, secondary, and tertiary. The argument is made that most of our efforts have been directed to the tertiary level where they are least likely to be effective. Applications of the general public health model to sexual violence are considered. These include epidemiology, risk factor research, program evaluation, and dissemination of information on what works. Various methods for informing and educating the public about sexual violence are proposed. The paper concludes with suggestions on how harm can be minimised through the use of a public health approach.