Archive for the ‘Racial Disparities’ Category

Riding the Punitive Roller Coaster

Monday, May 20th, 2013

Public support for punitive criminal-justice policies has risen and fallen repeatedly since 1951, Mark Ramirez demonstrates in an extensive new analysis of historical polling data.  Although some commentators characterize the punitive attitudes of Americans as a constant, Ramirez shows that the strength of these attitudes has varied over time.

Measuring public punitiveness has proven difficult.  Simply asking people whether they are punitive seems unlikely to produce helpful results, given the uncertainty and abstraction of the term.  On the other hand, asking about support for any specific criminal-justice policy might or might nor produce answers that are reflective of more general attitudes.  Intuitively, for instance, support for the death penalty would seem a good indicator that a person would also support a range of other policies that are typically characterized as punitive, such as three-strikes laws, but it is hard to rule out the possibility that the death penalty is a unique issue in the minds of many Americans; support may be due, say, to religious beliefs or particular feelings regarding the crime of murder, rather than more general attitudes toward crime and criminals.

Ramirez attempted to overcome this difficulty by aggregating survey responses to several different criminal-justice policy questions.  He identified 24 different survey questions that were asked by national pollsters at least twice between 1951 and 2006.  Many of the questions related to the death penalty, but others touched on three-strikes laws, drug enforcement, law-enforcement spending, imprisonment, and sentencing more generally.  Although the levels of support for different punitive policies varied, they tended to move in unison over time, suggesting that there really is some shifting, underlying attitude that drives support for all of the different policies.

Based on the survey data, Ramirez compiled a year-by-year punitiveness index.

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Wisconsin #1 in Black Incarceration; How Did We Get Here?

Saturday, April 20th, 2013

new report from the UWM Employment and Training Institute shows that Wisconsin leads the nation in incarcerating black males.  Based on data from the 2010 U.S. census, Wisconsin incarcerates about one in every eight of its black men between the ages of 18 and 64.  This includes individuals held in state and local correctional facilities.  The Badger State’s black incarceration rate is, in fact, about one-third higher than that of the second-place state, Oklahoma, and nearly double the national average.

Wisconsin also leads the nation in incarcerating Native-American males, but its white-male incarceration rate (one-tenth of the black rate) closely tracks the national average.  Wisconsin’s Hispanic incarceration rate is actually below the national average.

The Milwaukee County data are particularly striking: more than half of the County’s black males between the ages of 30 and 44 have been or currently are housed in a state correctional institution.

Is this a recent phenomenon?  I’ve taken a look at some historical data on racial disparities for my three-states research.  The following graph indicates that Wisconsin has been above Indiana and Minnesota for some time in black imprisonment (that is, black prisoners per 100,000 black residents), but that the current wide gap did not really open up until after 1990:

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Racial Disparities: A Result of Symbolic Threat or Interracial Competition?

Saturday, January 19th, 2013

That blacks are over-represented at all levels of the American criminal-justice system is well-known and beyond dispute.  Much less clear is what causes these racial disparities.  Although some of the disparities may result from elevated rates and seriousness of crime-commission by blacks, such behavioral differences probably cannot fully account for disparities in arrests, incarceration, and the like.  (See my article here for further discussion.)

What else might account for disparities?  This is the subject of an interesting new article by Shaun Thomas, Stacy Moak, and Jeffrey Walker, “The Contingent Effect of Race in Juvenile Court Decisions: The Role of Racial and Symbolic Threat,” forthcoming in Race and Justice.  

More specifically, Thomas et al. test two competing theories to account for what they call “disproportionate minority contact.”   (more…)

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The “New Jim Crow” Reconsidered

Friday, June 29th, 2012

Over the past two decades, several astute commentators have observed that the contemporary American criminal-justice system seems like a revival of the old Jim Crow system of racial subordination in the South. It’s hard to deny that there are at least a few grains of truth to the analogy. African Americans have borne the brunt of the “war on crime” that was launched in this country in the late 1960’s and dramatically escalated in the 1980’s – a time period that also happened to coincide with major political backlashes against school desegregation, affirmative action, and other civil-rights initiatives that were intended to dismantle Jim Crow. Indeed, leaders of the same political party led the charge on both fronts, and, as illustrated by the infamous Willie Horton ad, were hardly above playing on racial fears in advancing their “tough-on-crime” positions. It is understandable that critics might see the mass incarceration of blacks, the related mass disenfranchisement of blacks, disproportionately high stop-and frisk rates for black males, and so forth as something other than merely the incidental byproducts of a crackdown on crime.

Now comes an interesting rejoinder from James Forman, Jr.: “Racial Critiques of Mass Incarceration: Beyond the New Jim Crow,” 87 N.Y.U. L. Rev. 21 (2012). Forman is perhaps a surprising critic of the “New Jim Crow” thesis, for he is an unabashed opponent of mass incarceration, and the Jim Crow analogy seems a rhetorically powerful way to challenge this phenomenon. In part, what seems to motivate his critique is the sense that a particular focus on black grievances may impede the emergence of a larger, more effective multiracial movement against mass incarceration.

Three of Forman’s points strike me as particularly interesting.

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Comparing Police Stops of Citizens in New York and Milwaukee, Part II

Friday, May 18th, 2012

As I discussed in my previous post, frequent police stops of citizens may ultimately prove counterproductive to crime-fighting objectives.  In this regard, I also suggested that who is targeted and how they are treated may actually matter more than the sheer quantity of stops.  If that’s right, then several aspects of the New York stop data are troubling.

Racial disparities are one concern.  Black and Hispanic males between the ages of 14 and 24 accounted for more than 40% of the stops made by the NYPD in 2011, even though they amount to less than 5% of the city’s population.

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Comparing Police Stops of Citizens in New York and Milwaukee, Part I

Tuesday, May 15th, 2012

Last week, the New York Civil Liberties Union released a report on police stops in New York City, prompting a New York Times editorial yesterday that was quite critical of the police.  As the Times put it, “The mounting evidence reveals a pattern of abusive policing that warrants the attention of the Justice Department, which should be using its broad authority to investigate these practices.”  The newspaper’s criticisms focused particularly on racial disparities in the NYPD’s stops and related uses of force.

Apparently by coincidence, the Milwaukee Police Department also released data last week on police stops, covering both subject stops (the topic of the NYCLU report) and traffic stops.  The data indicate that the MPD and the NYPD have both significantly increased their numbers of stops in recent years.  Although New York had far more subject stops than Milwaukee in 2011 in absolute terms, Milwaukee is actually in front of the Big Apple on a per capita basis.

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Should Police Be Required to Equalize Arrest Rates in Poor and Middle-Class Neighborhoods?

Tuesday, March 13th, 2012

When police choose to arrest a resident of a particular neighborhood for committing a crime in that neighborhood, the decision produces certain costs and benefits for the neighborhood.  And when police concentrate resources in certain neighborhoods, or adopt different enforcement strategies in different parts of a city, the costs and benefits of arrests will be distributed unequally among neighborhoods.  Such distributional consequences of policing strategy are the subject of an interesting new article by Nirej Sekhon, “Redistributive Policing,” 101 J. Crim. L. & Criminology 1171 (2011).

It seems self-evident that policing strategies should not be regressive, that is, exacerbate preexisting socioeconomic disparities among neighborhoods.  Rather, the ideal should be to distribute the benefits and burdens of arrests evenly across neighborhoods.  The problem, of course, is that crime rates are not distributed evenly.

Sekhon’s solution is to tie neighborhood arrest rates to neighborhood crime rates:

The obligation to distribute policing costs equitably ought to require police departments to make arrests in proportion to the rate of specific criminal misconduct in specific areas. Police departments should not arrest offenders in one community while allowing those in another community to engage in similar conduct with impunity.  (1220)

This might have a large impact on drug enforcement, for instance.  Since the rates of drug use appear no less among well-off whites than among poor minorities, Sekhon’s approach would seem to require police to intensify enforcement in middle-class neighborhoods, deescalate enforcement in poor neighborhoods, or both.

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Who Are the Juvenile Lifers? New Report Paints a (Mostly) Grim Picture

Friday, March 2nd, 2012

The Sentencing Project has a new report on prisoners sentenced to life without parole for crimes committed while they were under the age of 18.  Entitled “The Lives of Juvenile Lifers,” the report presents the results from a national survey of more than 1,500 JLWOP inmates.  The report is very timely in light of the Supreme Court’s two pending JLWOP cases — perhaps the new information will help to convince the justices that JLWOP does indeed constitute cruel and unusual punishment, even for homicide crimes.  In any event, here are some of the highlights.

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Explaining the Racial Threat Hypothesis

Tuesday, February 14th, 2012

I have previously written about the racial threat hypothesis, which seems a potentially powerful way of explaining why attitudes toward crime and punishment vary so much from community to community and state to state. The basic idea is that a large minority population fuels demand by the majority for greater social control, including harsher punishment.

There is some empirical support for the hypothesis, but it is unclear what exactly drives the link between minority population and the demand for social control. An interesting new article, however, helps to illuminate the underlying dynamics: Justin T. Pickett et al., “Reconsidering the Relationship Between Perceived Neighborhood Racial Composition and Whites’ Perceptions of Victimization Risk: Do Racial Stereotypes Matter,” 50 Criminology 145 (2012).

The study is based on telephone surveys of 1,273 white Floridians and 743 whites from around the nation. The authors focused particularly on the connection between black population and white fear of victimization. Five notable conclusions emerge.

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A Tale of Three States, Pt. 4: The Racial Threat Hypothesis

Tuesday, December 13th, 2011

In the previous post in this series, I highlighted a wide gap in the incarceration rates of Indiana and Minnesota, with Wisconsin in the middle.  The ordering of the three states from highest incarceration rate to lowest corresponds with the ordering from highest rate of violent crime to lowest.  However, for reasons I explained in the previous post, I don’t think  we ought to end our analysis with the simple assertion that high crime drives high incarceration.  For one thing, there is Minnesota: with a crime rate only a little lower than Wisconsin’s, Minnesota has an incarceration rate that is much lower.  There must be other factors at play besides just the crime rate to account for Minnesota’s incarceration rate.  For another, to focus on the crime-incarceration connection begs the question of what drives the very different crime rates of the three states.

In this post, I’ll explore another possible way of accounting for differences in the three states’ incarceration rates, the racial threat hypothesis.  The basic idea is this: a larger racial minority population causes the majority to feel more threatened by the minority and consequently to prefer to stronger social control measures.

Here are the key numbers from Indiana, Wisconsin, and Minnesota:

IN

  WI

  MN

Black Population (2010)

591,397

359,148

274,412

Blacks as Percentage of Total Population (2010)

9.1%

6.3%

5.2%

Imprisonment Rate (2010, per 100,000)

459.9

387.2

177.8

As you can see, the incarceration-rate order tracks the order based on the size of the each state’s black population.

(more…)

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