scholarly journals Black vs. White, Life vs. Death; Using Automatic vs. Controlled Processing as a Framework for Understanding Racial Disparities in the Criminal Justice System

2017 ◽  
Vol 08 (01) ◽  
Author(s):  
Suzanne Mannes
2011 ◽  
Vol 26 (S2) ◽  
pp. 57-57
Author(s):  
J. Jin ◽  
C. Fuller ◽  
X. Liu ◽  
B. Fan ◽  
N.A. Ukonu ◽  
...  

IntroductionPrevious studies have shown that African American youth are over-represented in the Criminal Justice System (CJS). Substance use problems are common among those with CJS involvement. However, less is known regarding racial disparities, among youth with CJS involvement, in receiving substance use treatment services.ObjectiveTo examine racial disparities with regard to receiving treatment services for substance use related problems, among youth with (CJS) involvement.MethodsData were obtained from the 2006–2008 United States National Survey on Drug Use and Health (NSDUH) in USA. Among White and African American adolescents (Ages 12–17) with recent CJS involvement and who met criteria for alcohol or illicit drug abuse or dependence (N = 602), racial differences in receiving treatment services for substance use problems were examined. Multiple logistic regression analyses were performed to identify predictors of service access among the adolescents, to see if the racial disparity could be explained by individual-level, family-level, and criminal justice system involvement factors.ResultsWhile 31.2% of White adolescent substance abusers with CJS involvement had received treatment for substance use related problems, only 11.6% of their African American counterparts had received such treatment (P = 0.0005). Multiple logistic regression analyses showed that access to treatment services can be predicted by substance use related delinquent behaviors, but that racial disparities in treatment still exist after adjusting for these factors (AOR = 0.24, 95%CI = (0.09,0.59), P = 0.0027).ConclusionsThere is an urgent need to reduce racial disparities in receiving substance use treatment among U.S. youth with CJS involvement.


2021 ◽  
pp. 218-240
Author(s):  
Benjamin S. Yost

In response to the racial disparities that plague the American criminal justice system, the Movement for Black Lives calls for an end to policing and punishment “as we know them.” But refusing to punish violent offenses leaves unprotected those most vulnerable to crime, and outright abolition thus appears to undermine black rights and liberties. The author calls this the decarceration dilemma. After discussing Tommie Shelby and Christopher Lewis’s attempts to resolve the dilemma, the author offers his own, which employs a procedural rather than a substantive solution. He leans on the principle of expanded asymmetry (EA), which holds that it is better to underpunish than overpunish. After defending EA, the author notes that it obtains only under conditions of uncertainty. He then shows that because virtually all trials of black offenders meet the uncertainty condition, sentencing authorities are obliged to treat black offenders leniently. This chapter concludes by noting the advantages of the proceduralist approach.


2019 ◽  
Vol 21 (1) ◽  
pp. 19-30
Author(s):  
Melissa Neal Stein

People of color are disproportionately impacted by the criminal justice system. Many jurisdictions attempt to reduce racial disparities; however, they often do not incorporate strategies to effectively address institutional and structural racism. Resulting data reveal no effect or an exacerbating effect on disparities. This commentary attempts to translate three mistaken assumptions from the field of behavioral health, so that they apply to criminal justice system reforms. The mistaken assumptions for criminal justice are that system-wide reform efforts will naturally reduce disparities, current reforms meet the needs of diverse communities, and evidence-based practices have been tested for their impact on diverse groups. These may be countered with the following recommendations: apply critical race theory, respond to communities' needs, and adapt evidence-based practices.


2010 ◽  
Vol 25 (3) ◽  
pp. 378-394 ◽  
Author(s):  
Heather Zaykowski

This study examines the influence of the victim’s race in reporting hate crimes to the police. Data from the National Crime Victimization Survey (NCVS) concentrated incident-level files (1992–2005) were used to (a) analyze how the victim’s race influences the likelihood of reporting and (b) explore differences between reporting racial hate crimes and non-racial hate crimes. Controlling for other demographic and incident characteristics, the results indicate that minority victimizations are less likely to be reported for both racial and non-racial hate crimes; however, the magnitude of this effect was greater for racial hate crimes. Failure to report to the police has serious consequences for the victim and the criminal justice system. Implications and suggestions for further research are discussed.


2021 ◽  
Vol 2 (6) ◽  
Author(s):  
Phillip D. Clingan

Youths under 18 years get trapped into the Juvenile Justice System after being suspected of committing a delinquent or criminal act. The United States tops in Juvenile arrests in the world. States like West Virginia, Alaska, Oregon, South Dakota, and Wyoming have the highest number of juveniles. However, an estimated 2.1 million youths under 18 years were arrested in the United States during a single year. This paper aims to address the current racial differences that exist within the criminal justice system. By addressing challenges like youths of color are more likely to be committed than white youths into the juvenile system will assist in curbing racial disparity. Statistics reveal that 42% of youths in the placement holdings are black youths, even though black youths make up for 16% of youths all over the United States. In California alone, African American juveniles take 27.5% while whites take up 15%. Even though the system’s laws contain no racial bias, research shows that discrimination can occur where the system allows criminal justice officials discretion in handling offenders. Black youths take up for 15% of the total number of youths in the USA get they have the highest juvenile detentions of 42%, but it is difficult to deny these records since there is evidence like arrest and imprisonment records to back up this claim. The racial disparities exist from targeting the blacks, arrest, sentencing, imprisonment, and release. These actions promote discrimination among the black youths, and black youths are likely to get significant sentencing compared to whites for the same crimes committed. Different states in the United States have different racial disparities, California and Texas, blacks serve long sentences, unlike the whites. There are various causes of racial disparities like; some black residences are known for crime, and they have huge offence rates, unequal access to resources, judicial decisions, and racial prejudice. After the research, it was evident that racial disparity exists, and it can only be corrected by looking at the root cause of the problem widely, which is discrimination. Race plays a significant role when it comes to juvenile detentions. Youths of color are four times more probable to be detained, unlike white youths. The research designed a method of tracking racial disparities via a hypothetical juvenile jurisdiction criminal justice system. The paper will extensively dive into juvenile population characteristics, juvenile justice system structure, law enforcement, juvenile crime, juveniles in court, juveniles on probation by the state, juveniles in the correction by the state and foreign nations, and an analysis of all the findings. The extensive research will be able to answer all the questions to the problem of racial disparity.


Author(s):  
Marisa Omori ◽  
Oshea Johnson

There have been two major approaches to studying racial and ethnic inequality in punishment: The first approach comes from the sociology of punishment and social inequality literatures, and considers how the carceral state, including criminal justice institutions, create racial inequality through policies and practices broadly, or how racialized narratives are embedded in these policies and practices. This includes how scholarship has been drawn from institutional racism and other race literatures and integrated these ideas into how punishment policies and practices are racialized, as well as how the criminal justice system is both a consequence of and a contributor to increasing racial inequality. In particular, the social inequality literature has also been concerned with the rise of mass incarceration and its consequences for racial inequality in individuals, families, and communities. The second approach is drawn from the criminology literature on courts and sentencing, and generally focuses on the magnitude and location of racial disparities for individuals being processed in the criminal justice system, with a particular attention to sentencing outcomes. There are several complementary frameworks that have been used to frame racial inequalities in punishment outcomes; most of them focus on individual-level decisions and decision-makers, with some considerations of organizational-level factors. Most often, this literature also quantitatively tests racial disparities of court processing and court case outcomes, with a particular focus on sentencing of convicted defendants, including whether a defendant was sentenced to prison or not (the “in/out” decision), and the length of prison sentence. The two perspectives can inform each other; the sociology of punishment focuses on policies and practices that drive racial inequality, and the courts and sentencing literature focuses on the consequences of these factors in case processing outcomes.


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