CRIMINAL JUSTICE SYSTEM

Racial Discrimination and Criminal Justice System

Racial Discrimination and Criminal Justice System

Introduction

The relationship between race, conventional or street crime, and the criminal justice system has been studied for many years. Research studies reported that Blacks were more likely than Whites to commit conventional crimes. The arrest ratios by race (Black/White) were particularly significant for the violent crimes of murder (8:1), forcible rape (5:1), robbery (10:1), and aggravated assault (4:1). Official data indicated the incarceration rate per 100,000 adults in 1996 was 289 for Whites and 1860 for Blacks (Kennedy, 1997). The chance of a Black male going to prison during his lifetime was greater than one in four (29 percent), while a White male only had a one in twenty-three (4 percent) chance of being incarcerated. The Black/White ratio for women serving prison time was roughly the same. Black women were seven times more likely than White females to be incarcerated sometime during their lives (U.S. Department of Justice, 1997b).

The disproportionate involvement of Blacks, particularly young males, in the criminal justice system may constitute a national crisis (Chiricos; DiIulio and Noguera). Some criminologists blamed the disparities on racial discrimination (Baer; Gordon; Hogan; Lynch; Lynch; Maden; Morris; Petersilia and Short), while others asserted that social class biases accounted for the differences (Blau; Hagan and Tittle). The latter believed that the greater involvement of Blacks in street crime was due to their abject poverty. The statistical evidence in support of this last argument was substantial. At every level of educational attainment, Whites earned more money than Blacks. A greater percentage of Whites than Blacks earned high school diplomas, college degrees, and advanced degrees. 2 Nearly 9 percent of Whites lived below the poverty line, compared to 28 percent of Blacks. Blacks were more than twice as likely as Whites to be classified as working poor (U.S. Bureau of the Census, 1997).

Police Discretion

Do police discriminate against Blacks who are suspected of a criminal offense? A common perception is that police generally discriminate against Blacks. For example, 31 percent of Blacks, compared to only 8 percent of Whites, believed police had very low moral or ethical standards (U.S. Department of Justice, 1997a), which may manifest in discriminatory practices. To assess whether the police discriminate against Blacks, the current study examined arrest data for a crime where police exercise extraordinary discretion and, implicitly, have tremendous opportunity to discriminate: driving under the influence of alcohol (DUI). Seemingly benign infractions, such as expired plates, disengaged taillight, nonilluminated license plates, obstructed view, swerving, driving too slow, and speeding offer probable cause for police to stop a motorist.

If police were intent on a racist application of the law, Blacks should constitute a disproportionate number of DUI offenders. They do not. In two separate studies, with more than 5000 people participating, it was reported for both adults and juveniles, that Whites were nine times more likely than Blacks to be arrested for DUI offenses (U and U). It is plausible that motor vehicle ownership and registration, as a ...