lib paper

Amy Lang Professor A Liberal Studies 11 December 2019 Racial Disparity in the Criminal Justice System  Hispanic and African American minorities in American society face bias within the criminal justice system at many different levels. Disparity exists in the traffic stops, sentencing, and rehabilitation related to a person’s ethnicity. White Americans are given an unfair advantage over minority criminals. The goal of this paper is to research where the disparity exists in each of these races and where they do not. Another goal of this paper is to explain some of the biases that these individuals face in our society. The research is mixed in traffic stops of minority drivers due to a variety of different circumstances. Some research shows that minority drivers are less likely to get a warning than white drivers in some states, while others show the opposite. It is shown that male drivers are more likely to get warnings over female drivers which can influence the traffic stops of minority drivers. Age also plays a factor in citation with older drivers less likely to receive citations compared to younger drivers (Engel & Tillyer). In that respect, the officer’s decision to stop a driver can have many factors contributing to it that are not race based. However, race plays a role in how the offender is punished. Only a small amount of studies show that there is no relationship between arrest and race or that minority drivers were less likely to be arrested to be arrested compared to whites. Studies show that minority drivers are between 1.5 and 2.6 times more likely to be arrested compared white white drivers. Males were more likely to be arrested than females in traffic stops even when other factors are considered (Engel & Tillyer). According to a study by The Crime & Delinquency Journal :    Cross-tabulations were initially computed to explore the relationships between drivers’ race/ethnicity, gender, age, and interaction terms, and traffic stop outcomes. White drivers were warned most frequently (12.5%), whereas Hispanic drivers were cited and arrested most often (88.3% and 2.2%, respectively). Female drivers were warned more frequently (12.7%) than male drivers; however, male drivers were cited and arrested more often (86.4% and 1.8%, respectively). Older drivers received more warnings, whereas younger drivers were cited and arrested more frequently. Finally, Black male drivers were warned at the highest rate of any group, whereas YHM drivers were cited and arrested most often (Engel & Tillyer)   According to this data, hispanic drivers were cited and arrested more frequently than any other group. Black males were warned at the highest rates. This study shows a strong biased toward black and young hispanic drivers compared to white drivers. Hispanic drivers receive the most severe punishments by being cited and arrested during their traffic stops. The research did not state the reason for these traffic stops, only that they resulted in an arrest. In reviewing evidence relating to the disparity of sentencing in minority offenders vs. white offenders research is mixed. Several studies state that African Americans are treated more harshly than whites, some found no difference, and others found that African Americans were given more leniency in their sentencing (Mitchell 439-440). In a study published in the Journal of Quantitative Criminology in 2005 called,  “A Meta-Analysis of Race and Sentencing Research: Explaining the Inconsistencies study of the sentencing disparity” it was shown that when analyzing Federal and non Federal cases African American males were sentenced more harshly than whites. When studying specific crimes, the same study concluded that in non-Federal cases, there was a larger disparity between the sentences of whites and African American criminals in relation to drug offenses. When including Federal data, the largest disparity is in relation to property crimes rather than drug offenses. This is however based on time period for Federal cases, and prior to 1987 when the Federal Sentencing guidelines were implemented the results were reversed (Mitchell 456).     There has been a moral panic relating to drug use since the 1980’s as it has been seen as a threat to mainstream American society. This is particularly because drugs became associated with more serious violent crimes and it was fueled by the crack epidemic. Society began to associate drugs with a clear and identifiable minority. This makes the response to an African American offender differ than one of a different race (Mitchell 443).  Many studies pool data together from other jurisdictions which can effect the results. Pooling research ignores certain factors such as whether the jurisdiction is rural or urban. Different locations hold different levels of bias. When pooling research from these studies, it shows that there is a small amount of bias in relation to the sentencing of African Americans. Studies of jurisdictions individually showed large amounts of bias in the sentencing of African American offenders. The study shows that racial disparity was higher in Southern states but the results were not statistically significant (Mitchell 463).   Many offenders cycle through the criminal justice system. A large predictor of criminal behavior is having prior criminal behavior.  As they cycle through the criminal justice system small disadvantages may increase. The study only counted single episodes of sentencing and the cumulative bias may be higher if several episodes of sentencing are examined (Mitchell 462-463).  This study shows that African Americans are at a clear disadvantage in the criminal justice system, especially in relation to drug crimes. These penalties can be even greater depending on the offender's prior history according to the research. African Americans are at a clear disadvantage on a multitude of levels from these findings. According to a study published in the American Sociological Review in the year 2000, federal cases, both non drug and drug showed that white defendants were lease likely to be incarcerated. Black-hispanics and blacks received the longest sentences. The lesser sentences of white defendants may have other causes. Black and Hispanic defendants have more serious offenses than white defendants and black offenders have lengthier prior records. Another factor that can contribute to the longer sentences of black and Hispanic offenders is their age. Black and Hispanic offenders are shown to be younger and less educated than white defendants. In relation to crack cocaine, sentences are higher than any other drug and mainly involve black defendants (). There are small sentencing variations in relation to non drug crimes and ethnicity. According to the study published in the Sociological Review: Compared with white defendants in nondrug cases, blacks are 5 percent more likely, white-Hispanics are 7 percent more likely, and black-Hispanics are 6 percent more likely to be incarcerated. With regard to sentence length-black defendants on average receive sentences I month longer than those received by white defendants, white-Hispanic defendants receive sentences about 4 months longer, and black-Hispanic defendants receive sentences about 16 months longer than those received by white defendants. Thus, for both sentencing decisions, white defendants are treated most leniently, Hispanic defendants are treated most harshly, and black defendants fall in the middle. Moreover, the findings on differences in sentence length support our hypothesis predicting especially harsh treatment of black-Hispanic defendants. Even with minor statistical differences non-white offenders are shown to have a disadvantage in relation to their sentences. Different factors contribute to the disparities such as age, educational level, and offense. However, the sentencing disparity still exists regardless of it's origins and race still places a factor in the overall sentencing of minority offenders in the criminal justice system. Interviews conducted by Steffenseier, Ulmer, and Kramer (1998) suggest that judges perceive minorty men at a greater threat than whites and more likely to reoffend and less receptive to treatment. Research conducted by Steffensmeier and Demuth (2001) showed that at a federal level there was a significant effect of ethnicity on chances and length of imprisonment. Hispanic drug offenders received the harshest sentence compared to black offenders. Black offenders received harsher sentences than white offenders. When trying to rehabilitate these offenders there is also a disparity. Several researchers have found that minorities are less likely to be paroled compared to white offenders. Research by Bynum and Paternoster (1985) shows that Native-Americans are less likely to be paroled than whites. Another study by Proctor (1991) showed that minoritiy offenders were equally likely to be given a parole hearing but were 68 % less likely to be placed on parole compared with white offenders(Huebner 912. However, research conducted by Huebner and Bynum (2006) showed that minority sex offenders were release more quickly than white sex offenders, and existing research showed that minority sex offenders were treated more leniently than white sex offenders. Research did however show that minorities were treated most harshly for every other crime other than sexual offenses. The type of crime has an effect on the overall outcome of the sentencing and rehabilitation. Black and hispanic offenders elicit more of an emotional response in relation to drugs. African Americans are linked to crack cocaine and inner-city violence. Hispanics and many other immigrant groups have become associated with drug trafficing. So when these minorities commit these crimes, the perceived "threat" of the individual is considered higher to society(Huebner 912). Researchers have made a link among community context, race and ethnicity, and decision making. Bontrager, Bales, and Chiricos (2005) made and important contribution to literature. Black and Hispanic males who lived in disadvantage neighborhoods were significantly less likely to have adjudication witheld in felony offenses. The Hispanic group had a 6 % chance in the least disadvantaged neighborhoods, to 19 % for the highest. The percent for black defendants was the highest at 16 to 31 % percent (Huebner 913).   Works Cited Steffensmeier, Darrell, and Stephen Demuth. "Ethnicity and Sentencing Outcomes in U.S. Federal Courts: Who is Punished More Harshly?" American Sociological Review 65.5 (2000): 705-29. ProQuest. Web. 2 Dec. 2019.   Tillyer, Rob, and Robin S. Engel. “The Impact of Drivers’ Race, Gender, and Age During Traffic Stops: Assessing Interaction Terms and the Social Conditioning ModelThe Impact of Drivers’ Race, Gender, and Age During Traffic Stops: Assessing Interaction Terms and the Social Conditioning Model.” Crime & Delinquency, vol. 59, 28 Nov. 2010.   Mitchell, Ojmarrh. “A Meta-Analysis of Race and Sentencing Research: Explaining the Inconsistencies.” Journal of Quantitative Criminology, vol. 21, no. 4, Dec. 2005, pp. 439–466. EBSCOhost, doi:10.1007/s10940-005-7362-7. “THE ROLE OF RACE AND ETHNICITY IN PAROLE DECISIONS.” Criminology., vol. 46, no. 4, American Society of Criminology [etc.]., Nov. 2008.                               1.     INTRODUCTION A. Description of topic. B. Thesis: Minority individuals face biases through many facets of the criminal justice system. 2.     POINT ONE:Traffic stops ?   Gender ?   Age ?   Race ?   Harshest punishments 3.     POINT TWO: Sentencing ?   General findings ?   African Americans ?   Other racial bias 4.     POINT THREE: Methods of rehabilitation ?   Rates of parole or probation given ?   Employment rates of white vs. minority offenders