Examining Racial Disparities in Drug Arrests

The War on Drugs popularized a set of policies and practices that dramatically increased the number of drug arrests, particularly for low-level drug offenses. The War’s tactics have affected Americans of every race; however, minorities have been most dramatically affected. There are several explanations for the observed racial disparity in drug arrests, but relatively little research directly tests these explanations. In this study, we test three common explanations of racial disparities in drug arrest rates. We find that racial disparities in drug arrests cannot be explained by differences in drug offending, nondrug offending, or residing in the kinds of neighborhoods likely to have heavy police emphasis on drug offending. Our findings are most consistent with explanations focusing on racial bias in drug sanctions.     

Toward a Demographic Understanding of Incarceration Disparities: Race,Ethnicity, and Age Structure

Objectives

Non-Hispanic blacks and Hispanics in the United States are more likely to be incarcerated than non-Hispanic whites. The risk of incarceration also varies with age, and there are striking differences in age distributions across racial/ethnic groups. Guided by these trends, the present study examines the extent to which differences in age structure account for incarceration disparities across racial and ethnic groups.

Methods

We apply two techniques commonly employed in the field of demography, age-standardization and decomposition, to data provided by the Bureau of Justice Statistics and the 2010 decennial census to assess the contribution of age structure to racial and ethnic disparities in incarceration.

Findings

The non-Hispanic black and Hispanic incarceration rates in 2010 would have been 13–20 % lower if these groups had age structures identical to that of the non-Hispanic white population. Moreover, age structure accounts for 20 % of the Hispanic/white disparity and 8 % of the black/white disparity.

Conclusion

The comparison of crude incarceration rates across racial/ethnic groups may not be ideal because these groups boast strikingly different age structures. Since the risk of imprisonment is tied to age, criminologists should consider adjusting for age structure when comparing rates of incarceration across groups.

     

Demography of the Legal Profession and Racial Disparities in Sentencing

The demography of the legal profession has changed rather dramatically in recent decades, yet the consequences of a more racially and ethnically diverse pool of lawyers for the administration of justice have not received significant attention. The present research examines how the racial composition of the local legal profession affects one facet of criminal law: the sentencing of convicted defendants. Building on prior work in the fields of law, stratification, and mobility, we hypothesize that racial and ethnic disparities in sentencing are mitigated where the legal profession is more diverse. In line with this hypothesis, analysis of data from a sample of large urban counties taken between 1990 and 2002 shows that the black-white racial disparity in sentencing attenuates as the number of black attorneys in the county increases, net of the percent black in the county and other possible confounding variables. Comparable results are found for Hispanics. The findings are discussed in the context of a demographically changing legal profession and prior work on racial disparities in the justice system.     

Racial and Ethnic Differences in the Likelihood of Marriage: The Effect of Incarceration

Researchers have highlighted the importance of marriage when studying variation in deviance over the life course, but few studies have examined the effect that incarceration has on marriage or have considered variation by race and ethnicity. Using data from the National Longitudinal Survey of Youth (NLSY), this study contrasts the effect of incarceration on the likelihood of marriage for White, Black, and Hispanic males. Incarceration reduced the chances of marriage for all men, but had a significantly stronger effect on the marital outcomes for Whites. Although Whites were most likely to be married overall, incarceration was associated with a 59 percent decline in the odds of marriage for Whites, and the odds of marriage decreased 30 percent for Blacks and 41 percent for Hispanics. The association was maintained even after controlling for time‐varying life‐course events and static individual‐level factors. This research has important implications for the study of the incarceration and the consequences it can have for spouses, families, and communities.     

Race,Plea, and Charge Reduction: An Assessment of Racial Disparities in the Plea Process

With the growing recognition of the salience of prosecutorial discretion, attention to biases in the earlier phases of case processing is increasing. Still, few studies have considered the influence of defendant race and race/sex within the plea process. The present study uses a sample of felony cases to assess the influence of race and race/sex on the mode of disposition, similarities and differences in the factors that predict the likelihood of a plea across race, and potential racial disparities in the plea value received pertaining to a charge reduction. The findings suggest that blacks, and black males in particular, are less likely to plea, and are expected to receive a lower value for their plea. Also, the factors that predict the likelihood of a plea are substantively different across race. Conditioning effects of race and sex are found in the likelihood of a plea and probabilities of a charge reduction.     

Sentencing Female Drug Offenders: Reexamining Racial and Ethnic Disparities

This study analyzes the relationship between race/ethnicity and sentencing outcomes for female drug offenders in Florida. Grounded in the focal concerns perspective, the research examines whether, in the specific case of drug offenders, minority women are treated more harshly than White women. Interaction models are estimated to determine the influence of drug offense type on racial and ethnic sentencing disparities. Differences in sentencing outcomes are also examined following significant policy changes in the state. In general, the findings suggest that minority female drug offenders are disadvantaged at both the incarceration and sentence length decisions. It also appears that perceptions of dangerousness associated with female offenders' race/ethnicity and offense are incorporated into sentencing authorities' patterned responses. That is, the level of disparity between Black, Hispanic, and White females is conditioned by type of drug offense in the interaction models. The changes in sentencing policy also impact the role of race and ethnicity in sentencing decisions. By analyzing drug offenders exclusively, the current study clarifies the role of race in sentencing decisions for females. In contrast to prior research that examined all offense categories together, the current study suggests that for drug offenses, minority females may, in fact, be deemed more dangerous and culpable than White female drug offenders.     

Self-Control and Racial Disparities in Delinquency: A Structural Equation Modeling Approach

The purpose of the present study is to examine the racial disparities of offending within the context of self-control theory. The study utilized data from the National Longitudinal Survey of Youth (NLSY79), to examine this effect. All concepts within self-control theory are examined: parental management, low self-control, and delinquency. Results from the study show partial support for Gottfredson and Hirschi’s (1990) self-control theory. The structure of the theory remained stable when controlling for both race, as well as peer pressure. Both theoretical and policy implications are given.     

The “Distance Traveled”: Investigating the Downstream Consequences of Charge Reductions for Disparities in Incarceration

Abstract

Relatively little work examines the impact that charging decisions exert on sentencing. We investigate this issue by estimating the “distance traveled” in charge bargaining, or the expected change in the likelihood of incarceration associated with reductions in charges across different stages of prosecution. Using data from New York County, we examine how the probability of incarceration shifts as a result of charging decisions and how this potentially contributes to social inequalities in incarceration. Findings indicate that charge reductions are associated with sizeable decreases in the probability of incarceration, particularly at the plea bargaining stage. On average, the “distance traveled” is substantially greater for female than male defendants and for White compared to Latino and Black defendants, even after accounting for a host of relevant punishment factors. Findings are discussed as they relate to contemporary theoretical perspectives on prosecutorial decision-making and social inequality in punishment.     

Incarceration, education and transition from delinquency

Purpose

Much of what is known regarding the transition away from crime is limited to young adulthood and specific life events and samples of non-serious offenders comprised mainly of white males.

Methods

The current study assesses the potential links between educational achievement, post-release schooling, and re-arrest for a cohort of 4,147 incarcerated youths drawn from 115 Florida juvenile institutions and followed for two years post-release.

Results

Incarcerated youths with higher levels of educational achievement are more likely to return to school after release, and those youths who returned to and attended school regularly were less likely to be rearrested within 12 and 24 months. Moreover, among youths who were rearrested, those youth who attended school regularly following release were arrested for significantly less serious offenses compared to youths who did not attend school or attended less regularly.

Conclusions

The study concludes with discussion of the importance of educational achievement as an important turning point for juvenile offenders as they transition into young adulthood.     

Exploring Gender-Based Disparities in Legal Protection,Education, Health,Political Empowerment,and Employment in Failing and Fragile States

Gender inequalities in legal protection, education, health, employment, and political empowerment have been of special interest to researchers for many years. Hausmann, Tyson, and Zahidi (2010 Hausmann , R. , Tyson , L. , & Zahidi , S. ( 2010 ). Gender gap index . Geneva , Switzerland : World Economic Forum . [Google Scholar], p. 3) noted, “Although gender-based inequalities exist in the majority of the world's cultures, religions, nations, and income groups, there are differences in the way these disparities manifest themselves and how they evolve over time.” The degree of governmental stability is a salient aspect of the process through which gender-based disparities manifest. Although all citizens are doubtlessly affected when states fail, women are especially marginalized and experience governmental failure in a fundamentally different way compared to their male counterparts. Thus, the goal of the current study is to analyze the relationship between state failure and gender-based disparities. Findings reveal significant relationships between gender disparities in most areas, however the relationship between legal protections and state failure produces the most robust results.     

Debt,Incarceration, and Re-entry: a Scoping Review

American Journal of Criminal Justice - People involved with the criminal justice system in the United States are disproportionately low-income and indebted. The experience of incarceration...     

Public Health, Racial Tensions, and Body Politic: Mass Ringworm Irradiation in Israel, 1949–1960

In this essay, we analyze the case study of mass ringworm irradiation conducted in Israel during its first years of existence and its consequences. We analyzed the case study of ringworm irradiation in the framework of racial construction of illness and its treatment, showing the elasticity of race and ethnicity as medical and social categories.     

Employing the Mental Health System to Control Sex Offenders After Penal Incarceration*

In the 1930s, several states provided civil commitment in mental institutions for certain sex offenders. Civil commitment of these sex offenders abated after most states repealed their statutes in the 1960s. In the 1980s, however, these statutes returned, as outraged citizens deplored the offenses of repeated sex offenders. The author of this essay examines civil commitment statutes for sex offenders in Washington and Minnesota, two of the leading states in this area, as well as recent rulings from each state's Supreme Court upholding the constitutionality of these statutes. Particularly, the author focuses on the psychiatric or mental health discussions by the justices in the majority in both state rulings. Furthermore, the author criticizes the legislatively defined mental abnormality statutes that sanction these commitments, proposes use of the ordinary civil commitment statutes for individuals who are seriously mentally ill, and concludes that sex offenders who do not meet the criteria for traditional civil commitment should be handled by the criminal justice system.     

Criminal Case Outcomes, Incarceration, and Subsequent Intimate Partner Violence

Given the centrality of court interventions to the U.S. response to intimate partner violence (IPV), it is crucial to evaluate their impact on reabuse. To do so, this study examined whether female IPV victims’ experiences of abuse in the year following a criminal court case against their partner varied by case outcome or by whether the batterer had or had not been incarcerated. Consistent with prior research, we found no main effect differences in reabuse trajectories by court case outcome or by incarceration. We also examined variables that might moderate the impact of case outcome and incarceration on reabuse and found that although batterer legal history did not affect the impact of case outcome, his age, Time 1 employment status, the couple’s Time 1 living arrangement, and duration of abuse did interact with case outcome. No variables tested moderated the relationship between incarceration and reabuse over time. Findings suggest that in certain cases there may be benefits to case outcomes that leave potential consequences hanging over the offender’s head. These results also add to the growing body of evidence questioning the efficacy of one-size-fits-all approaches to IPV cases.