Race Equality after Enoch Powell

Enoch Powell's infamous speech casts a long shadow over race equality in the UK. Looking back to the 1968 Race Relations Bill and then forwards to the present social and political landscape this article explores how an uneven race equality story has been characteristic of the UK approach since Powell's intervention. If the intended objective of the initial and later race equality bills was to reduce ethnic and racial disparities to a marginal or ‘negligible’ level, then we are a great distance from success. If the objective was slightly different, but not unrelated, and sought to reshape public conventions on racism (and ethnic and racial diversity more broadly), then the answer is more complicated but also unfinished.     

The threat of ‘woolly-haired grandchildren’: Race,the colonial family and German nationalism

The German colonial world was marked by an ostensibly self-evident boundary between the white ruler and the black ruled that situated Europeans and indigenous peoples as diametrically opposed and socially discrete. This situation, however, was problematised by the gendered and sexualised interactions between European and indigenous society. The result was often a slippage between the administrative attempts to create recognisably ‘German’ families (perceived in racial terms), and the antinomian realities of human relationships that transgressed racial lines. This in turn gave rise to reproductive anxieties in the face of a new liminal population of ‘half-castes’ (Mischlinge) that refused the white–black, master–slave dialectic of the colonial ideal. Many historians have recently attempted to link the troubled history of race relations in German Southwest Africa to the later history of Nazi anti-Semitism and genocide, by focusing on the apparent continuities between the Holocaust and the Herero–Nama wars. However, an alternative genealogy for the Holocaust that refutes this genocidal continuity thesis is possible through an investigation of the origins and contents of the debates about the nature of the German colonial family and its relationship to German citizenship between 1904 and 1914.     

Capriciousness or Fairness?

Abstract

Previous research on capital sentencing have discovered quantitative proof of discrimination, especially by race of the victim. The present study examines prosecutorial decision making in Kentucky. Using a method of analysis developed by Berk et al., it seeks to determine the level of capriciousness (uncertainty) present in the prosecutorial decision to seek the death penalty. Kentucky prosecutors were most likely to seek the death penalty in cases where black offenders killed white victims.     

Race and the Death Penalty

Abstract

Scholars have learned a great deal about race and the death penalty. Yet the field has limitations: (1) prior research focuses on African Americans and Hispanics but ignores Asian Americans; (2) researchers have not explored Donald Black's (1989) plan to eliminate discrimination called the “desocialization of law.” Black notes that jurors who do not know the race of the offender and victim cannot discriminate. Black then outlines proposals aimed at removing race information from trials, while still providing jurors with relevant legal information. We address both issues through an experiment in which mock jurors (N = 1,233 students) recommended a sentence in a capital murder trial consisting of four conditions: (1) Asian American-white; (2) white-Asian American; (3) African American-white; (4) race of offender and victim unknown. The results suggest that Asian Americans are treated the same as whites, while African Americans continue to suffer from discrimination. Here, we consider the potential role of social status in such outcomes. The results also suggest that African American offenders and unknown offenders face the same odds of a death sentence. Here, we consider two potential interpretations. On one hand, jurors in the unknown condition could have seen an African American offender and a white victim in their “mind's eye,” effectively merging the conditions. On the other hand, death sentences could be the same in the conditions for distinct reasons: Death sentences could be high in the unknown condition because of relational distance between the juror and offender, while death sentences could be high in the African American-white condition because of discrimination. We conclude by considering the theoretical and public policy implications of both the central findings.     

Traffic Stops in the Pacific Northwest

ABSTRACT

This study examines the distribution of police traffic warning citations in a large northwestern city. Warning tickets were instituted to document the exercise of police discretion in the disposition of traffic stops. The paper tests three competing hypotheses about how these citations are distributed: law enforcement, traffic enforcement, and group threat. The findings show greater support for the group threat explanation. African Americans were disproportionately ticketed in the more affluent areas of the city with a higher per capita income and a higher percentage of home ownership. The data also demonstrated that traffic officers were more active than patrol officers in predominately white beats while patrol officers concentrated more on African American and Asian areas of the city.     

Elite Messages and Source Cues: Moving Beyond Partisanship

According to previous studies, women in the U.S. Congress are often cast by the media and by voters as quite distinct from men, with a unique focus on women's issues and an outsider approach to governing. Contrary to the media's depiction and voters' expectations, however, an analysis of Congressional web sites reveals that women members, just as men in Congress do, portray themselves as having diverse interests and participating zealously in the Washington power struggle. Thus, women's self-presentations on the web do not support the notion that the images proffered by members contribute to media and voter stereotypes of women representatives.     

DISCRETION AND DISPARITY UNDER SENTENCING GUIDELINES: THE ROLE OF DEPARTURES AND STRUCTURED SENTENCING ALTERNATIVES*

This article examines the use of alternative sentencing provisions as mechanisms for departing from sentencing guidelines in Washington State and as structural sources of unwarranted sentencing disparity. The authors argue that these structural features of guidelines not only serve as “windows of discretion” through which disparities arise, but they also may encourage disparities by requiring consideration of substantive criteria that disadvantage certain offender groups. The analyses find that males and minority offenders are less likely to receive alternative sentences below the standard range, but that race‐ethnicity and gender have inconsistent effects on departures above the standard range. Theoretical implications of the study are discussed.     

Differential Police Response to Black Battered Women

Abstract

Dorothy Bracey has spent her entire academic career at one institution located in her home town of New York City, but her intellectual pursuits have crossed many boundaries and taken her around the globe. Her scholarship and her life have been influenced by her interest in the overlap of law and justice and have led to her studies of police corruption, juvenile prostitution, the Chinese justice system and Native American legal contradictions. A woman of many interests, in addition to her work as a scholar, she has held a variety of leadership positions in both the Academy of Criminal Justice Sciences and the American Society of Criminology and has served as the editor of two professional journals.     

Race,ethnicity, and prison disciplinary misconduct

It is well known that racial and ethnic minorities (both male and female) have felt the effect of increased incarceration more than Whites, and a large amount of prior research has investigated the factors that influence higher levels of inmate misconduct, including the influence of race/ethnicity. This body of research has produced mixed results. Using recent data from one of the largest state prison systems, this study sought to determine the level of racial and ethnic disparity in the commission of inmate misconduct. Results indicate that Black inmates were significantly more likely than other inmates to commit general rule violations, serious rule violations, and assaultive rule violations. Correlates of inmate misconduct and policy implications stemming from the findings are discussed.     

The Prison Boom and the Decline of American Citizenship

The US imprisonment rate increased fivefold in the three decades from 1975 to 2005. Growth in the scale of criminal punishment was linked partly to a more punitive politics that repudiated the goal of rehabilitation, and partly to the collapse of economic opportunity for young unskilled men in inner cities. The growth of the penal system produced extraordinary rates of incarceration among recent cohorts of young black men with little schooling. We can understand the growth of incarceration to produce and erosion of citizenship among young black men, weakening the web of mutual obligation that defines full membership in American society.