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Results for race and crime

22 results found

Author: Orchowsky, Stan

Title: A Review of the Status of Disproportionate Minority Contact (DMC) Efforts in Iowa and Virginia

Summary: In 2007, the Justice Research and Statistics Association (JRSA) began a project funded by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) to examine the strategies that have been implemented in Iowa and Virginia to reduce disproportionate minority contact (DMC) in the states’ juvenile justice systems. We were especially interested in using these states as case studies of how states and localities are utilizing empirical information to: (1) identify the extent and nature of the DMC problem; and (2) assess the effectiveness of their efforts to reduce DMC. In each state, we sought to examine both state-level efforts, as well as ongoing efforts in two targeted localities (Johnson and Linn counties in Iowa, and the cities of Newport News and Norfolk in Virginia), to address DMC. To accomplish the goal of the project, staff examined all available documents relating to DMC in both states, with a particular focus on those produced in the last five years. We also conducted interviews with state and local stakeholders in both states and attended meetings of local planning groups addressing DMC issues. We sought data from both states and were able to obtain data from Iowa, which were used to illustrate how local DMC initiatives could be assessed. In October of 2008, JRSA released an interim report on our findings to date (Poulin, Iwama & Orchowsky, 2008). The current report summarizes the overall findings, conclusions and recommendations of our effort. It builds on the findings presented in the interim report and further work that has been done since that report was released.

Details: Washington, DC: Justice Research and Statistics Association, 2010. 83p.

Source: Internet Resource: Accessed August 24, 2010 at: http://jrsa.org/pubs/reports/dmc-final-report.pdf

Year: 2010

Country: United States

URL: http://jrsa.org/pubs/reports/dmc-final-report.pdf

Shelf Number: 119683

Keywords:
Alternatives to Incarceration
Costs of Criminal Justice
Discrimination in Juvenile Justice Administration
Juvenile Detention
Juvenile Justice Reform
Juvenile Justice Systems
Juvenile Offenders
Juvenile Offenders (Tasmania, Australia)
Minority Groups
Race and Crime

Author: Lum, Cynthia

Title: Does the "Race of Places" Influence Police Officer Decision Making?

Summary: This study examines whether the race and ethnicity of small places influences police decisions at those places. While the importance of this ongoing inquiry in policing seems clear, there is much less consensus in its answer, or even how racial profiling is defined and measured. The research evidence had led to contentious debates on detecting the existence, meaning, and interpretation of racial profiling. These complexities are further challenged today’s policing environment, which is marked by a push for officers to engage in more place-based, proactive strategies that have been criticized for resulting in (or at least not being sensitive to) racially incongruent outcomes. Such complexities and new organizational and social contexts call for more and varied policing research in this area. In particular, more place-based research is warranted. Much of the existing research on race and police decision-making is individual-based, focusing on how the race and ethnicity of individuals influences outcomes such stopping an individual, continuing an investigation or making an arrest. However, how the characteristics of the places within which these incidents occur affects police discretion, has been much less examined. This is surprising given the place-based bias of many contemporary policing tactical innovations, high levels of concern about the legitimacy of police in the community, and most importantly, the profound effect that places can have on the mentality and world view of officers, which in turn shapes their actions while working in those places. This project adds to scant place-based research on race, ethnicity and discretion by examining how the racial, ethnic, and socioeconomic characteristics of very small places influence officer decision making at those places. I examined 267,937 incidents that occur in an urban, diverse metropolitan area on the west coast of the U.S. These crimes occurred at all places, were of many different crime and disorder types, and resulted in various outcomes. I also did not limit analysis to a comparison between how White and Black composition affected decisions about these incidents, as has been traditionally done, but included multiple racial, ethnic, language, and foreign-born place-based categories are explored. To examine decision making about each of these incidents across the city, I create a more robust measure of discretion – the decision-making pathway. The decision pathway is a series of decision points related to an event, including whether to stop an individual, dismiss a call, investigate further, write a report, make an arrest, or increase or decrease the severity of a report or arrest charge. Decisions were linked together for each incident, and then characterized and scored according to “upgrades” or “downgrades” in both action and crime classification at each decision point. Each pathway was then geocoded and linked to other place-based characteristics, including racial, ethnic, foreign-born, and language composition of areas. Three place-based cues seem to consistently matter in systematic biases of officer decision making: the proportion of residents that are Black, the level of wealth in that area (the most consistent socioeconomic factor that significantly affected the models), and the amount of violence in a block group. For the first two, police show significant evidence of downgrading calls – handling them less formally (less likely to write reports or make arrests) and reducing the seriousness of crime classifications. But, while both wealthy and less socially disorganized block groupings with high proportions of Black residents both evidence downgrading, there is less downgrading in high-proportion Black communities compared to high-proportion wealthy communities. And, these effects held significant after including a number of socioeconomic and crime-related variables; no other racial group or ethnic subgroup showed the same effect on decision pathways, although there were interesting point-to-point findings for places with larger Asian and Hispanic populations. This study indicates that it is not sufficient only to examine the individual racial characteristics of individuals involved in police action, but that the racial and ethnic environment of places also matters. However, despite these steps forward, this study, like so many others examining whether disparities in police service exist, still cannot tell us why we see this differential response or illuminate individual officer motivation. Proving intent for prejudice is not only difficult short of admission, but such prejudice is intricately part of human behavior, and can be hidden under layers of consciousness, organizational rules, symbolic interactions, and worldviews. Additionally, the origination of the disparities that emerge from this analysis may not unilaterally come from the police; they may arise from an interaction between officers’ supply of law enforcement and the demand of services by the community. But deciphering motivations may be a dead-end approach. Rather, the recommendations in the final report focus on changes police might consider to operational tactics, supervisory strategies, and organizational culture and learning that can counteract such biases.

Details: Washington, DC: George Mason University, Administration of Justice Department, Center for Evidence-Based Crime Policy, 2009. 68p.

Source: Internet Resource: Accessed October 9, 2010 at: http://www.ncjrs.gov/pdffiles1/nij/grants/231931.pdf

Year: 2009

Country: United States

URL: http://www.ncjrs.gov/pdffiles1/nij/grants/231931.pdf

Shelf Number: 119913

Keywords:
Police Discretion
Race and Crime
Race/Ethnicity
Racial Profiling
Socioeconomic Status

Author: Blokker, Stefan

Title: Race and the City: Looking into the Relationship between Fear of Crime and Racial Dynamics in Lima, Peru

Summary: The Peruvian capital, Lima, is a bloating metropolis with a population of almost nine million people. Like most other large cities in Latin America, there is great socioeconomic and racial inequality in Lima, the city has a very diverse population; from the wealthy, and primarily of European descent, members of the higher classes in districts such as Miraflores and San Isidro to the poor rural migrants of indigenous and mestizo descent living in the pueblos jovenes and everything in between these two extremes. Tensions based on socioeconomic and racial status have always been present in this city. In the era of so-called “new violence”, defined as organised coercion through the evasion or undermining of the formally democratic state’s legitimate monopoly on violence for criminal/economic purposes, these tensions remain and have intertwined with crime and more specifically with the fear of crime. The main research problem in this study is the relationship between the socioeconomic and racial dynamics in Peru and the fear of crime experienced by members of the upper middle-class in Lima.

Details: Utrecht: University of Utrecht, Latin American & Caribbean Studies, 2010. 60p.

Source: Internet Resource: Master's Thesis: Accessed April 5, 2011 at: http://igitur-archive.library.uu.nl/student-theses/2011-0222-200311/Stefan%20Blokker%20-%20Master%20Thesis%202010%20LACS%20Stefan%20Blokker%203082814.pdf

Year: 2010

Country: Peru

URL: http://igitur-archive.library.uu.nl/student-theses/2011-0222-200311/Stefan%20Blokker%20-%20Master%20Thesis%202010%20LACS%20Stefan%20Blokker%203082814.pdf

Shelf Number: 121250

Keywords:
Fear of Crime (Lima, Peru)
Race and Crime
Socioeconomic Variables

Author: Totman, Molly

Title: Searching for Consent: An Analysis of Racial Profiling Data in Texas

Summary: The Texas Legislature in 2001 required law enforcement agencies to annually report detailed statistics concerning the race of individuals stopped and searched in their jurisdictions. However, the law did not create a statewide repository for the reports or provide any mechanism for analyzing the data on a statewide level. The Campaign to End Racial Profiling at the Texas Criminal Justice Coalition (TCJC) fills that role. This is the third year that TCJC – in conjunction with allies from the American Civil Liberties Union of Texas (ACLU of Texas), Texas State Conference of branches of the National Association for the Advancement of Colored People (Texas NAACP), and League of United Latin American Citizens of Texas (Texas LULAC) – have conducted annual studies of statewide racial profiling data. Previously, we have released reports detailing racial disparities in stop and search rates by Texas law enforcement agencies. Specifically, we have analyzed how much more likely Blacks and Latinos are to be stopped or searched than Anglos. In this study, we have chosen to concentrate on consent search data only, thereby eliminating from the analysis searches outside of an officer’s discretion. We are focusing only on situations in which the officer opted to conduct a search of his or her own volition rather than situations in which the officer was duty-bound to do so (e.g., in instances of probable cause or cases where the individual was arrested or had an outstanding warrant). We are also providing local governments and the Texas Legislature with more insight into the extent and ramifications of consent searches. At the conclusion of the 2005 Texas Legislative Session, Governor Rick Perry vetoed Senate Bill 1195, which would have required police officers to obtain a driver’s written or recorded consent before conducting a consent search of a vehicle. Governor Perry wrote in his veto message that “there is insufficient information available at this time to determine whether signed or taped consent requirements place too onerous a burden on law enforcement or provide additional protections to the public. I would expect members of the legislature to review this issue during the interim and to bring back their findings to the 80th legislative session.” Our analysis reveals that consent search practices vary widely by department. Some departments continue to search minorities at higher rates than Anglos; some departments search all races much more often than other agencies. These are significant conclusions in light of previous research finding consent searches to be an inefficient police practice, rarely resulting in findings of wrongdoing, and merely redirecting officers’ energy away from preventing crimes. To begin our analysis, we sent open records requests to 233 departments that issued 3,000 or more citations in 2003. We received 229 timely responses with usable data provided by 201 departments. These departments represent the largest citation-issuing law enforcement agencies in Texas and account for over 4.5 million traffic stops. We analyzed each contributing department’s self-reported statistics as well as the quality of the reports produced in order to better inform policy leaders, law enforcement agencies, and community members as they address the problem and perception of racial profiling, along with localized, general searching practices and policies.

Details: Austin, TX: Texas Criminal Justice Coalition, 2006. 32p.

Source: Internet Resource: Accessed April 14, 2011 at: http://www.criminaljusticecoalition.org/files/userfiles/publicsafety/Racial_Profiling_Data_2006_Analysis_of_Search_and_Consent_Policies_in_Texas.pdf

Year: 2006

Country: United States

URL: http://www.criminaljusticecoalition.org/files/userfiles/publicsafety/Racial_Profiling_Data_2006_Analysis_of_Search_and_Consent_Policies_in_Texas.pdf

Shelf Number: 121343

Keywords:
Discrimination in Law Enforcement
Police Attitudes
Race and Crime
Racial Profiling in Law Enforcement (Texas)
Searches and Seizures

Author: Leonardson, Gary R.

Title: Native American Crime in the Northwest: 2004-2009 – BIA Information from Alaska, Montana, Wyoming, Idaho, Oregon, and Washington

Summary: According to the 2000 census, American Indians and Alaska Natives account for about 1.5 percent or 4.3 million people in the United States. Most (2.5 million) of these listed “American Indian” or “Alaska Native” as their only racial category, while some (1.8 million) indicated “ American Indian” or “Alaska Native” along with one or more additional race categories. It is estimated that nearly half (43.5%) of all American Indians/Alaska Natives reside on Federal reservations or in a tribal statistical area during the 2000 Census. The percents by state of American Indian or Alaska Native for the states covered in this report are: Alaska (15.3%), Washington, (1.7%), Idaho (1.4%), Oregon (1.4%), Montana (6.4%), and Wyoming (2.5%). The offense information for the report was provided by the Office of Law Enforcement and Security within District 5 of the Bureau of Indian Affairs in Billings, Montana. District 5 includes three regions (Mountain, Northwest, and Juneau) with 47 Tribes (or tribal-related law enforcement agencies, covering the states of Montana, Wyoming, Alaska, Idaho, Washington, and Oregon. This report is segmented into three separate reports. The first Section presents the overall results, the second Section provides information by each of the six states, and the third Section presents information by tribal or special law enforcement agencies. Information for all three Sections is presented as general results, illustrating the information that was collected and sent. Little comparison and contrasts are made, because of the varying years the information was reported, along with possible different data collection procedures from year to year.

Details: Helena, MT: Montana Board of Crime Control, 2010. 222p.

Source: Internet Resource: Accessed May 9, 2011 at: http://www.mbcc.mt.gov/data/SAC/Tribal/NativeCrimeInNorthwest.pdf

Year: 2010

Country: United States

URL: http://www.mbcc.mt.gov/data/SAC/Tribal/NativeCrimeInNorthwest.pdf

Shelf Number: 121681

Keywords:
American Indians
Crime Rates
Crime Statistics
Indigenous Peoples
Race and Crime

Author: Eichler, Thomas P.

Title: Race and Incarceration in Delaware: A Preliminary Consideration

Summary: Delaware has one of the highest incarceration rates of any state, in a nation with the world’s highest incarceration rate. However, even more disturbing is that Blacks, who are 20 % of the general population in Delaware, are disproportionately represented between those being arrested and jailed, particularly for drug offenses. Analysis of available data indicates that Blacks are being funneled into Delaware’s prisons far beyond any explanation that can be made from either rates of arrest or illicit drug use. Consider the following facts: Prison sentences: · Whites are 56% of those arrested, · But Blacks are 64% of those sentenced to a jail or prison term. Drug use: · Whites are an estimated 73% of those using illicit drugs, · But Blacks are 86% of those doing time for drug charges. Drug Treatment: · Whites are 59% of the admissions to the State’s community drug treatment programs; · But Blacks are a majority of those getting drug treatment in prison. When you look at Delaware’s prison census, you will see that Blacks comprise almost two-thirds of the prison population and are 86.8% of those incarcerated for drug offenses. In fact, Blacks account for two-thirds of the 344% increase in Delaware’s prison capacity over 20 years. From the data, we can derive a disturbing conclusion: White offenders enjoy a revolving door back to the community compared to Black offenders, who are disproportionately sent to prison. Unequal risk of incarceration As this report delineates, the risk of a White arrestee being sentenced to incarceration is only 40 % of the risk that a Black arrestee faces. Further, among arrestees on drug charges, the chance that a White drug offender will be sentenced to a prison term (one year or more) is only 21% of that faced by Black arrestees. Three Significant Findings This report presents three significant findings based on the data. 1. Blacks in Delaware are disproportionately represented in Delaware’s criminal justice system versus their representation in the population at large. 2. As Delaware expanded its use of incarceration for drug offenses, Blacks have borne the brunt of the increase. 3. While the reasons for Black disproportionate representation in the DOC census are complex, several indicators raise questions about possible disparate consequences for illicit activity. These facts set off many alarms ranging from questions about the quality of justice for Blacks to the effectiveness of public safety regarding White offenders. While more needs to be done to analyze the reasons for these disparities, some effective remedial steps can be taken now.

Details: Wilmington, DE: Delaware Center for Justice and Metropolitan Wilmington Urban League, 2005p. 28p.

Source: Internet Resource: Accessed September 29, 2011 at: http://www.prisonpolicy.org/scans/RaceIncarceration.pdf

Year: 2005

Country: United States

URL: http://www.prisonpolicy.org/scans/RaceIncarceration.pdf

Shelf Number: 122958

Keywords:
Incarceration Rates (Delware)
Minorities
Race and Crime
Racial Disparities

Author: Delaware. Statistical Analysis Center

Title: Race and Incarceration in Delaware: A Report to the Delaware General Assembly

Summary: Delaware, like many other states, has significant racial disparities in arrests and incarceration when criminal justice statistics are compared to general population figures. Based on data from the 2000 to 2005 time frame, the following figures give a general sense of disproportionate minority representation in the state’s criminal justice system. Blacks are about 20 percent of the state’s general population. Blacks account for about 42 percent of statewide arrests. Blacks comprise about 64 percent of the state’s incarcerated population. In 2006, Delaware’s House Judiciary Committee created a Race and Incarceration Subcommittee to investigate criminal justice racial fairness. The Statistical Analysis Center was directed to study processes from arrest to sentencing. This preliminary phase involved detailed analysis of only adult males arrested in 2005. Race and ethnicity were combined for four race/ethnic groups. o Black, White, Hispanic, and Other. Five crime groups, in the following hierarchical order, were selected for analysis. o Rape, robbery, felony assault, burglary, and drug dealing. Cases involving homicide or attempted homicide were excluded from study. Analysis of 2005 criminal justice data relating to adult males shows that in three crimes against persons (rape, robbery, and felony assault), racial disparities in the criminal justice system in Delaware are primarily explained by disparities in reported criminal activity rather than selective enforcement. No other definitive conclusions can yet be drawn regarding other aspects of the system; nevertheless, a broad overview of criminal justice statistics from arrest through sentencing shows some significant racial disparities that cannot be ignored. It is important to distinguish between statistical disparities and whether those disparities actually reflect racial bias at any stage of the criminal justice process. As indicated later in this report, this overview shows a clear need to delve into these statistics to determine if there is racial bias or if the racial disparities reflect factors unrelated to the criminal justice system, or some combination of both. The Criminal Justice Statistical Review Committee is fully sensitive to the principle that the criminal justice system must not only be fair in how it operates but also in how it is perceived. Such perception is itself a key component of the support of all citizens in their view of how the criminal justice system operates.

Details: Dover, DE: Delaware Statistical Analysis Center, 2011. 27p.

Source: Internet Resource: Accessed September 29, 2011 at: http://sac.omb.delaware.gov/publications/documents/RaceAndIncarceration.pdf

Year: 2011

Country: United States

URL: http://sac.omb.delaware.gov/publications/documents/RaceAndIncarceration.pdf

Shelf Number: 122959

Keywords:
Minorities
Race and Crime
Racial Disparities
Sentencing (Delaware)

Author: Roettger, Michael E.

Title: Longitudinal Associations Between Dimensions of African American Residential Segregation and Arrest within U.S. Metropolitan Areas, 1980-2000

Summary: While much research incorporates measures of residential segregation in macro-level research, surprisingly little work has examined the relationship between dimensions of segregation to changes in arrest rates within metropolitan areas. Using data from the U.S. Census and FBI Arrest reports, this paper analyzes how Massey and Denton‟s (1988, 1994) five dimensions of residential segregation influence total, violent, and property arrest rates within a panel of metropolitan areas (MAs). Additionally, by extending this analysis to explain race-specific arrest rates over time, this study expands existing research using theories of racial threat and concentrated deprivation that link African American residential segregation and arrest rates. Results suggest that significant dimensions of segregation include evenness in distribution across census tracts, exposure to non-African Americans, and concentration within adjoining census tracts. Analysis of arrest rates also suggests that concentrated disadvantage explains arrest patterns over time within MAs.

Details: Bowling Green, OH: Bowling Green State University, The Center for Family and Demographic Research, 2009. 41p.

Source: Internet Resource: Working Paper Series 2009-16: Accessed January 13, 2012 at: http://www.bgsu.edu/downloads/cas/file73769.pdf

Year: 2009

Country: United States

URL: http://www.bgsu.edu/downloads/cas/file73769.pdf

Shelf Number: 123606

Keywords:
African Americans
Arrest Rates (U.S.)
Neighborhoods and Crime
Race and Crime
Race/Ethnicity
Residential Segregation

Author: Washington (State). Task Force on Race and the Criminal Justice System. Research Working Group

Title: Preliminary Report on Race and Washington’s Criminal Justice System

Summary: In 1980, of all states, Washington had the highest rate of disproportionate minority representation in its prisons. Today, minority racial and ethnic groups remain disproportionately represented in Washington State’s court, prison, and jail populations, relative to their share of the state’s general population. The fact of racial and ethnic disproportionality in our criminal justice system is indisputable. Our research focused on trying to answer why these disproportionalities exist. We examined differential commission rates, facially neutral policies, and bias as possible contributing causes. We found that the assertion attributed to then-Justice Sanders, that “African Americans are overrepresented in the prison population because they commit a disproportionate number of crimes,” is a gross oversimplification. Many studies of particular Washington State criminal justice practices and institutions find that race and ethnicity influence criminal justice outcomes over and above commission rates. Moreover, global assertions about differential crime commission rates are difficult to substantiate. Most crime victims do not report crimes and most criminal offenders are never arrested. We never truly know exact commission rates. If problematic arrest rates are used as a proxy for underlying commission rates, 2009 data shows that 36% of Washington’s imprisonment disproportionality cannot be accounted for by disproportionality at arrest. We reviewed research that focused on particular areas of Washington’s criminal justice system, and conclude that much of the disproportionality is explained by facially neutral policies that have racially disparate effects. For the areas, agencies, and time periods that were studied, the following disparities were found:  In Washington’s juvenile justice system, it has been found that similarly situated minority juveniles face harsher sentencing outcomes and disparate treatment by probation officers.  Defendants of color were significantly less likely than similarly situated White defendants to receive sentences that fell below the standard range.  Among felony drug offenders, Black defendants were 62% more likely to be sentenced to prison than similarly situated White defendants.  With regard to legal financial obligations, which are now a common though largely discretionary supplement to prison, jail, and probation sentences for people convicted of crimes, similarly situated Latino defendants receive significantly greater legal financial obligations than their White counterparts. 2011).  Disparate treatment has been discovered in the context of pretrial release decisions, which systematically disfavor minority defendants.  Regarding the enforcement of drug laws, researchers have discovered a focus on crack cocaine – a drug associated with Blacks stereotypically and in practice – at the expense of other drugs, and the focus on crack cocaine results in greater disproportionality, without a legitimate policy justification.  This disparity in drug law enforcement informs related asset forfeitures, which involve distorted financial incentives for seizing agencies and facilitate further disparity.  With regard to the Washington State Patrol, researchers have found that although racial groups are subject to traffic stops at equitable rates, minorities are more likely to be subjected to searches, while the rate at which searches result in seizures is lower for minorities.  This disparity in traffic law enforcement informs the disproportionate imposition of “Driving While License Suspended” charges, which inflicts disparate financial costs. In all of these areas, facially neutral policies resulted in disparate treatment of minorities over time. Disproportionality also is explained in part by the prevalence of racial bias – whether explicit or implicit – and the influence of bias on decision-making within the criminal justice system. Race (and in particular racial stereotypes) plays a role in the judgments and decision-making of human actors within the criminal justice system. The influence of such bias is subtle and often undetectable in any given case, but its effects are significant and observable over time. When policymakers determine policy, when official actors exercise discretion, and when citizens proffer testimony or jury-service, bias often plays a role. To sum up:  We find the assertion that Black disproportionality in incarceration is due solely to differential crime commission rates is inaccurate.  We find that facially neutral policies that have a disparate impact on people of color contribute significantly to disproportionalities in the criminal justice system.  We find that racial and ethnic bias distorts decision-making at various stages in the criminal justice system, thus contributing to disproportionalities in the criminal justice system.  We find that race and racial bias matter in ways that are not fair, that do not advance legitimate public safety objectives, that produce disparities in the criminal justice system, and that undermine public confidence in our legal system.

Details: Seattle, WA: Task Force on Race and the Criminal Justice System, 2011. 83p.

Source: Internet Resource: Accessed January 18, 2012 at: http://www.law.washington.edu/About/RaceTaskForce/preliminary_report_race_criminal_justice_030111.pdf

Year: 2011

Country: United States

URL: http://www.law.washington.edu/About/RaceTaskForce/preliminary_report_race_criminal_justice_030111.pdf

Shelf Number: 123658

Keywords:
Bias
Criminal Justice Systems (Washington State)
Race and Crime
Racial Disparities

Author: Joseph, Ian

Title: Gangs Revisited: What's a Gang and What's Race Got to Do with It? Politics and Policy into Practice

Summary: Gangs and youth violence are strangely fascinating topics for researchers, politicians, the media and the public. This perhaps reached its high tide mark with the Prime Minster declaring ‘a concerted, allout war on gangs and gang culture’ in a speech at a youth centre in Witney, his Oxfordshire constituency in late August 2011 following the summer riots. Gangs remain very much on the political agenda. Yet the more we write and talk about them, the less we seem to understand. For this reason, ‘gangs’ are useful vehicles to identify how we negotiate the complexities around youth and crime. There appears to be no consensus as what ‘gangs’ actually are or if they even exist, let alone how and why they form. However, as Runnymede has argued in previous publications – A Tale of Two Englands: ‘Race’ and Violent Crime in the Press and (Re)Thinking Gangs: Gangs, Youth Violence and Public Policy – it is clear that the public debates around gangs and youth violence are viewed and projected through the lens of race and ethnicity. The August Riots have thrown this into stark contrast. It is hard to find a better example of this than the historian and broadcaster Dr David Starkey’s view that ‘the problem is that the whites have become black’ (Newsnight, BBC Television, 13 August 2011) – one of many examples within the rightwing press that linked crime with race and young people. We challenge this view, rather saying that a combination of high unemployment, low school attainment and an absence of a stake in society felt among young people in some communities was creating the conditions where conflict might erupt. Furthermore, in two recent reports (Passing the Baton: Inter-generational Conceptions of Race and Racism in Birmingham and Fair’s Fair: Equality and Justice in the Big Society), the Runnymede Trust had even named Croydon and Birmingham – sites of conflict in these riots – as potential flashpoints. Joseph and Gunter are right to point out that liberal left anti-racists (Runnymede included) have failed to develop a convincing counter-argument to these cultural explanations popular with politicians and the right-wing press which link violent crime to young people. Perhaps consequently, we find ourselves in a position where anti-racist campaigners deny any role of culture in crime patterns, whereas the right-wing press revels in asserting over and over again that black cultures are inherently criminogenic. The authors helpfully suggest that we need to strike a balance between acknowledging the problem and not being hysterical about it. In order to find that balance, we need a frank debate on the relationship between structure and culture, and how particular aspects of this discussion have influenced policy for better or worse. This challenging paper throws up several important questions on where the debate is currently going, and why the authors think we have reached an impasse. Perhaps finding solutions would be best done by an amended policing presence, ‘better’ parenting or whatever policy suits your ideological slant. Still, within this chorus of opinions, it is hard to hear the voice of young people themselves. There’s a lot of good work being done with disaffected youth, as the authors know well by virtue of being involved in this work themselves, but young people’s voices are conspicuously absent from policy making. Campaigns such as 99 Per Cent and the Stopwatch Youth Group are seeking to rectify this. These youth led campaigns show that when young people have a platform to voice their opinions, they demonstrate a nuanced understanding of why they and their peers do what they do. Whilst this need to understand does not condone, it does set a context for ensuring that events such as the riots in August do not happen again and lessons are learnt. It must be worth acknowledging that a way out of this impasse identified in these papers is to enable young people to do the talking and policy makers to listen to them.

Details: London: Runnymeade, 2011. 32p.

Source: Runnymeade Perspectives: Internet Resource: Accessed February 5, 2012 at http://www.runnymedetrust.org/uploads/publications/pdfs/GangsRevisited(online)-2011.pdf

Year: 2011

Country: United Kingdom

URL: http://www.runnymedetrust.org/uploads/publications/pdfs/GangsRevisited(online)-2011.pdf

Shelf Number: 123984

Keywords:
Gangs (U.K.)
Race and Crime
Youth Violence

Author: Sveinsson, Kjartan Pall, ed.

Title: Criminal Justice v. Racial Justice: Minority Ethnic Overrepresentation in the Criminal Justice System

Summary: The conviction of some of the perpetrators of the murder of Stephen Lawrence at the start of 2012 has led to a renewed focus on the institutional racism in our criminal justice system; institutional racism that meant that the Lawrence family had to wait over 18 years for any form of justice. Media comment has focused on the headline grabbing disparities in the use of stop and search, recruitment and retention in the police service, and access to justice for victims of racist violence. These are crucial issues that are addressed in this volume. Solving these disparities is an essential step in improving the lives of people from minority ethnic communities in our society by enabling them to be confident in our justice system. These are necessary steps, but not sufficient ones in reaching solutions to the ongoing and persistent racial inequalities related to crime, policing, prisons and resettlement. As Kjartan Sveinsson notes in his introduction, there are three young African Caribbean men in prison for every one at a Russell Group university. Shocking statistics like this put into perspective the scale of the challenge that we face in addressing racial inequality in our society. When we commissioned these papers at the end of 2010, we wanted to address the scope of racial inequality in the criminal justice system by encouraging contributors to think about the range of solutions available to us. These solutions range from improved monitoring and accountability for decisions, and enabling cultural change within policing, to moving beyond rhetoric in developing human rights approaches in criminal justice, and reducing economic inequality. Steps that have seen little progress (and retrenchment in some cases) over the past two years. Addressing the ongoing disproportionalities in our criminal justice system will take a relentless focus on discrimination – both personal and institutional – and the damage that it does to the system’s effectiveness at protecting victims and dealing with criminals. It will also take a broader effort to reduce inequality in our society. As Danny Dorling (Chapter 3) reminds us “greater equality does not cure racism. . .what greater equality does do is reduce the racism endemic within a society, and the crime committed and suffered by those who are a part that society”. The debate about racism in our criminal justice system needs to include a way of addressing the broader structural inequalities that delineate the opportunity structure for crime. Inequalities in education, employment, health, housing and voice form a backdrop to the way in which ‘race’ influences criminal justice. If we are to change the pattern of racial inequalities in criminal justice, we also have to be alive to the broader patterns of inequality (racial, gender and class-based) in which they are situated, and build the necessary coalitions and partnerships that it will take to address them.

Details: London: Runnymede, 2012. 48p.

Source: Internet Resource: accessed April 6, 2012 at: http://www.runnymedetrust.org/uploads/publications/pdfs/CriminalJusticeVRacialJustice-2012.pdf

Year: 2012

Country: United Kingdom

URL: http://www.runnymedetrust.org/uploads/publications/pdfs/CriminalJusticeVRacialJustice-2012.pdf

Shelf Number: 124885

Keywords:
Race and Crime
Racial Discrimination
Racial Disparities (U.K.)

Author: Beckett, Katherine

Title: Race and Drug Law Enforcement in Seattle

Summary: SUMMARY OF KEY FINDINGS The majority of those who use and deliver serious drugs in Seattle are white. • Data from multiple sources – surveys of public school students, needle exchange clients, and the general Seattle population; mortality data; drug treatment admission data; and an observational study of two outdoor Seattle drug markets – all support the conclusion that a majority of those who use and deliver serious illegal drugs with the possible exception of crack cocaine in Seattle are white. The majority of those purposefully arrested for delivering a serious drug in Seattle are black, and blacks are over-represented among drug arrestees to a greater degree than in nearly all other mid-sized cities. • Although the city population is 8 percent black, two-thirds (67 percent) of those arrested in Seattle for delivery of a serious drug in a four-month sample from 2005–2006 were black. • The black drug arrest rate in 2006 was more than 13 times higher than the white drug arrest rate. • The black drug arrest rate for delivery of a serious drug is more than 21 times higher than the white arrest rate for the same crime. • In 2006, only one of 38 comparable mid-sized cities had a higher degree of racial disproportionality in drug arrests than Seattle. The focus on crack cocaine is the fundamental cause of racial disparity in Seattle drug delivery arrests. • The over-representation of blacks among drug delivery arrestees is not primarily a function of racial differences in drug delivery. o Blacks delivering drugs downtown are 13.6 times more likely to be arrested than whites engaging in the same behavior in the same geographic area. o Blacks are over-represented by a statistically significant margin among those arrested in the Capitol Hill and University District neighborhoods. • Most blacks who are arrested for delivering serious drugs are arrested downtown and outdoors. However, the majority of those arrested in other parts of the city and indoors are also black. • The focus on crack cocaine is a fundamental cause of racial disparity in Seattle drug delivery arrests. o Nearly three-fourths (72.9 percent) of those purposefully arrested for delivery of a serious drug in 2005–2006 were arrested for delivering crack cocaine. Nearly three-fourths (73.4 percent) of those purposefully arrested for delivering crack cocaine in 2005– 2006 were black. o By contrast, fewer than 20 percent of those arrested for delivery of a serious drug other than crack were black. The focus on crack cocaine is not a function of race-neutral policy considerations. • Powder cocaine and ecstasy are the most widely used serious drugs in Seattle. • More Seattle residents are admitted to public drug treatment programs for heroin abuse than for crack cocaine abuse. Heroin users also report making more frequent purchases than crack cocaine users. The frequency with which crack cocaine is exchanged thus does not explain the over-representation of crack cocaine among Seattle drug arrestees. • The focus on crack cocaine is not a function of public health considerations. Although crack cocaine use poses health risks, other serious drugs, especially heroin and other opiates, are more likely to be associated with drug-related mortality and infectious disease. • The focus on crack cocaine is not a function of public safety risks. Among Seattle serious drug arrestees, those involved with crack cocaine were least likely to have a dangerous weapon in their possession at the time of their arrest. • The focus on crack is not a consequence of civilian complaints about that particular substance: there is little geographic correspondence between complaints and delivery arrests, and most complainants do not identify the drug involved. Moreover, most civilian complaints about drug activity do not result in arrest, and most arrests do not involve a civilian complainant. • The degree to which blacks are over-represented among drug arrestees in Seattle continues to be large relative to other mid-sized cities. • Black over-representation in Seattle drug delivery arrests is primarily a function of the focus on crack cocaine. • The focus on crack cocaine does not appear to be attributable to the frequency with which crack cocaine is exchanged, civilian complaints, public health or public safety considerations. • Although colorblind on its face, the focus on crack cocaine does not appear to be a function of race-neutral considerations and continues to produce an unusually high degree of racial disparity in Seattle drug arrests.

Details: Seattle, WA: American Civil Liberties Union and The Defender Association, 2008. 130p.

Source: Internet Resource: Accessed July 9, 2012 at: http://faculty.washington.edu/kbeckett/Race%20and%20Drug%20Law%20Enforcement%20in%20Seattle_2008.pdf

Year: 2008

Country: United States

URL: http://faculty.washington.edu/kbeckett/Race%20and%20Drug%20Law%20Enforcement%20in%20Seattle_2008.pdf

Shelf Number: 125522

Keywords:
Drug Enforcement
Drugs and Crime (Seattle)
Race and Crime
Racial Disparities

Author: McDaniel, Marla

Title: Imprisonment and Disenfranchisement of Disconnected Low-Income Men

Summary: This brief, part of a series on disconnected low-income men, summarizes selected data from published reports on incarceration in the United States. Low-income men are defined as those age 18 to 44 who live in families with incomes below twice the federal poverty level (FPL)1 and do not have four-year college degrees. Other briefs in the series examine low-income men's demographic profiles, education, employment, and health. We present data on imprisonment, one component of criminal justice system involvement, highlighting stark disparities by race, education, and place. The statistics on criminal offenses and incarceration cited reflect changes in federal and state crime policies over the past few decades, especially those related to drug offenses. These policies have led to mass incarceration - that is, the imprisonment of comparatively and historically high proportions of the population that cannot be accounted for by changes in crime rates. The US Department of Justice is reviewing laws and agency enforcement policies that may have had a disparate impact on African Americans and Hispanics, both in terms of incarceration and the collateral damage to their families and communities. Some of these impacts are summarized in this brief. Young men of color are a particular focus because of their high rates of incarceration. While they are highly concentrated in poor neighborhoods, especially in urban areas, most available data are at the state and national level. Therefore, we mainly focus on state and national data that provide the most extensive documentation of the racial and ethnic aspects of incarceration. Since the criminal justice data generally do not include income of the prisoners' families, we are unable to identify the proportion of incarcerated men who are low income. To the extent that prisoners are separated from mainstream society, however, the men in focus are disconnected and afterward face challenges reconnecting to the mainstream. In addition to incarceration rates, we include state data on voting restrictions related to incarceration, a form of disconnection through civil disenfranchisement. We highlight examples of the economic impact of incarceration on individual communities and society as a whole. We consider both the costs of incarceration and the related family and community costs generated by that incarceration.

Details: Washington, DC: Urban Institute, 2013. 10p.

Source: Internet Resource: Issue Brief 4: Accessed March 13, 2014 at: http://www.urban.org/UploadedPDF/412986-Imprisonment-and-Disenfranchisement-of-Disconnected-Low-Income-Men.pdf

Year: 2013

Country: United States

URL: http://www.urban.org/UploadedPDF/412986-Imprisonment-and-Disenfranchisement-of-Disconnected-Low-Income-Men.pdf

Shelf Number: 131897

Keywords:
Imprisonment
Poverty
Race and Crime
Racial Disparities
Socioeconomic Status and Crime

Author: Males, Mike

Title: San Francisco's Disproportionate Arrest Rates of African American Women Persist

Summary: A new CJCJ fact sheet analyzing data shows the disproportionately high arrest rates of African American women in San Francisco. According to the data, black women compose less than six percent of San Francisco's female population, but constitute nearly half of all female arrests and experience arrest rates 13 times higher than women of other races. The fact sheet expounds upon a 2012 CJCJ research brief by Mike Males and William Armaline, which charts the increasing racially disparate arrest rates of African Americans in San Francisco over the past 40 years that continue today. While in 1980 African American women were 4.1 times more likely to be arrested than women of other races, as of 2013, black women in San Francisco were 13.4 times more likely to be arrested than non-black women. This despite an overall decrease in the population of African Americans in San Francisco.

Details: San Francisco: Center on Juvenile and Criminal Justice, 2015. 6p.

Source: Internet Resource: Fact Sheet: Accessed May 1, 2015 at: http://www.cjcj.org/uploads/cjcj/documents/disproportionate_arrests_in_san_francisco.pdf

Year: 2015

Country: United States

URL: http://www.cjcj.org/uploads/cjcj/documents/disproportionate_arrests_in_san_francisco.pdf

Shelf Number: 135456

Keywords:
African Americans
Arrest Rates
Female Offenders (San Francisco)
Race and Crime
Racial Disparity

Author: Simon, Adam F.

Title: Framing and Facts: Necessary Synergies in Communicating about Public Safety and Criminal Justice

Summary: It can be argued that nothing is as emblematic of the travails of race in American life as the criminal justice system. Criminal justice advocates have long used facts about the system's racial biases to call for the need for sweeping reforms - advocating for changes to make the system more equitable, efficient and effective in improving public safety for all Americans. The following statistics, for example, have become commonplace in the advocacy discourse and in media coverage more generally: - The United States is the world's No. 1 jailer; - Black men have a 32 percent chance of spending time in prison at some point in their lives, Latino men have a 17 percent chance, and white men have a 6 percent chance of being imprisoned over their lifetime; - Blacks are 17 percent of the juvenile population but 46 percent of juvenile arrests and 41 percent of waivers to adult court. On top of these facts, evidence of the extent and costs of mass incarceration is staggering. In times of fiscal constraints, current levels of prison expenditures are clearly unsustainable. Recent public opinion research suggests that, to some extent, Americans have come to recognize problems with the criminal justice system, particularly in terms of its racial bias. For example, a recent Pew study reports that 70 percent of African Americans and almost 40 percent of whites believe that black Americans receive unequal treatment by the police. The same study also indicates that almost 70 percent of African Americans and 30 percent of whites believe that the courts do not treat black and white Americans equally. In the court of public opinion, the ground seems fertile for the reform of the criminal justice system. So, if the American public believes the system discriminates against men of color, the data underscore the significance of these racial disparities, and the price of incarceration is so clearly unsustainable, why is advocating for reform so difficult? One answer is that the advocacy community is not framing the issue in a way that allows Americans to connect understandings of the system's problems with a set of viable solutions.5 Without such a connection, we argue, momentum for reform is lost when people cannot connect their values for the society to specific system reforms and policy changes. Energy dissipates; opposition manipulates opinion and gains ground while citizens are unable to make the case for the reforms they struggle to articulate.

Details: Washington, DC: Frameworks Institute, 2013. 40p.

Source: Internet Resource: Accessed January 8, 2016 at: http://www.frameworksinstitute.org/assets/files/pscj_values_and_facts.pdf

Year: 2013

Country: United States

URL: http://www.frameworksinstitute.org/assets/files/pscj_values_and_facts.pdf

Shelf Number: 137441

Keywords:
Criminal Justice Reform
Public Attitudes
Public Opinion
Public Safety
Race and Crime
Racial Discrimination
Racial Disparities

Author: Equality and Human Rights Commission

Title: Healing a Divided Britain: The need for a comprehensive race equality strategy

Summary: This report represents the biggest ever review into race inequality in Great Britain, providing a comprehensive analysis on whether our society lives up to its promise to be fair to all its citizens. It looks across every area of people's lives including education, employment, housing, pay and living standards, health, criminal justice, and participation. It examines where we are making progress, where we are stalling and where we are going backwards or falling short.

Details: London: The Commission, 2016.

Source: Internet Resource: Accessed September 2, 2016 at: https://www.equalityhumanrights.com/sites/default/files/healing_a_divided_britain_-_the_need_for_a_comprehensive_race_equality_strategy_final.pdf

Year: 2016

Country: United Kingdom

URL: https://www.equalityhumanrights.com/sites/default/files/healing_a_divided_britain_-_the_need_for_a_comprehensive_race_equality_strategy_final.pdf

Shelf Number: 140123

Keywords:
Race and Crime
Race and Inequality
Racial Bias
Racial Disparities

Author: Morgan, Rachel E.

Title: Race And Hispanic Origin Of Victims And Offenders, 2012-15

Summary: Presents estimates of violent victimization (rape or sexual assault, robbery, aggravated assault, and simple assault) by the race and Hispanic origin of victims and offenders during the 4-year period from 2012 through 2015. This report examines victim, offender, and incident characteristics, such as crime type, victim-offender relationship, and reporting to police. Findings are based on data from BJS's National Crime Victimization Survey, which collects information on nonfatal crimes, reported and not reported to the police, against persons age 12 or older. Highlights: During 2012-15, half (51%) of violent victimizations were intraracial, that is both victims and offenders were the same race or both were of Hispanic origin. In the majority of violent victimizations, white victims' offenders were white (57%) and black victims' offenders were black (63%). The rates of total violent crime, serious violent crime, and simple assault were higher for intraracial victimizations than for interracial victimizations. From 1994 to 2015, white-on-white violence (down 79%) and black-on-black violence (down 78%) declined at a similar rate. During 2012-15, there were no differences among white, black, and Hispanic intraracial victimizations reported to police.

Details: Washington, DC: U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, 2017. 21p.

Source: Internet Resource: Accessed October 20, 2017 at: https://www.bjs.gov/content/pub/pdf/rhovo1215.pdf

Year: 2017

Country: United States

URL: https://www.bjs.gov/content/pub/pdf/rhovo1215.pdf

Shelf Number: 147744

Keywords:
Crime Statistics
National Crime Victimization Survey
Race and Crime
Rape
Robbery
Sexual Assault
Victimization
Victims
Violent Crime

Author: Lyman, Tim

Title: 22nd JDC (LA) Study on Race, Homicides, and Prosecutions, 1976-2011

Summary: This study examines the racial characteristics of homicides occurring in Louisiana's 22nd JDC (St. Tammany and Washington Parishes to the north and east of metro New Orleans) during the 36 years from 1976 through 2011, and then compares them to the racial characteristics of death-eligible (first degree at some stage) murder cases prosecuted during the same period. Are these prosecutions a statistically random, race-neutral subset of the homicides that occurred? What we find is that there is a negligible (less than one-in-one-million) chance of obtaining these data if the hypothesis - that death-eligible cases are a racially random sample drawn from the homicide group - were true.

Details: Unpublished paper, 2016. 8p.

Source: Internet Resource: Accessed November 29, 2017 at: https://ssrn.com/abstract=2767851

Year: 2016

Country: United States

URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2767851

Shelf Number: 148576

Keywords:
Capital Punishment
Death Penalty
Homicides
Murders
Prosecution
Race and Crime

Author: DeMill, Chantel

Title: Latinos and the Idaho Criminal Justice System: 2005-2014

Summary: The Idaho Latino community represents a diverse collection of nationalities ranging from Mexican to Columbian and Puerto Rican, different nationalities that have come together to form a vibrant and thriving community. The Latino community is one of many ethnic stakeholders in Idaho's criminal justice system - as residents, victims and offenders. National statistics paint a bleak picture with high rates of racial disparity in both victimization and representation in the nation's jails and prisons. The Sentencing Project found that Latino men face a 1 in 6 chance of lifetime likelihood of imprisonment; white men face a 1 in 17 chance1 - This report intends to explore the interaction of Latinos with the unique landscape of Idaho and its criminal justice system. Highlights - Latinos account for a growing percentage of Idaho's population; as of the 2010 Census 11% of Idaho's population were Latino. - Latino youths account for 18% of the state's total juvenile population. - The Latino population is very youthful; the average age being 14.5 years younger than non‐Latinos. - Latinos are victims of crime at much lower rates than non‐Latinos (23.5 per 1,000 for Latinos and 33.8 for non‐Latinos). However, Latinos are generally victims of more severe crimes than are non‐Latinos. - Victimization rates for both Latinos and non‐Latinos are decreasing (‐41% and ‐36%). - Latino females report victimization at slightly higher rates than Latino males (24.19 and 22.24 per 1,000). - Latinos are arrested at higher rates than non‐Latinos (21.97 and 17.86 per 1,000). - Latinos are arrested for more severe crimes overall. - Between 2005 and 2014, there was a 55% decrease in arrests for violent offenses among Latinos. - Latinos are incarcerated for 62 days longer on average than are other racial/ethnic groups. - Latino rates of juvenile commitments and probation are decreasing. - Although Latinos are arrested at higher rates and have longer lengths of stay in prison, it is unknown if this is a symptom of a biased system. Since IIBRS data only records the ethnicity of arrestees and not offenders, it is unknown if the higher arrest rate for Latinos is disproportionate to their offense rates. In addition, since court data does not track the defendants ethnicity, it is unknown if Latinos are more likely than non‐ Latinos to receive more severe sentences which could explain their longer prison stays.

Details: Meridian, ID: Idaho Statistical Analysis Center, 2016. 20p.

Source: Internet Resource: accessed April 9, 2018 at: https://isp.idaho.gov/pgr/inc/documents/LatinoReportCompletedFinal11-3-16.pdf

Year: 2016

Country: United States

URL: https://isp.idaho.gov/pgr/inc/documents/LatinoReportCompletedFinal11-3-16.pdf

Shelf Number: 149736

Keywords:
Latinos
Minority Groups
Race and Crime
Racial Disparities

Author: Williams, Morgan C., Jr.

Title: Gun Violence in Black and White: Evidence from Policy Reform in Missouri

Summary: The role of state-level background check requirements for private firearm sales in reducing gun violence remains controversial in both the empirical literature and gun control policy debate. On August 28, 2007 the Missouri General Assembly repealed an 86 year-old "permit-to-purchase" (PTP) law requiring that handgun purchasers possess a permit, and subsequently undergo a background check, for all sales. The vast racial disparities in firearm homicide within Missouri raises important questions concerning the disproportionate impact of the repeal on Black communities throughout the state. Using generalized synthetic control estimation, this paper finds that the PTP repeal led to a modest increase in county-level gun ownership in addition to substantial evidence of increased firearm homicide in the early years of the 2007-2013 post-repeal period. In particular, state-level effects suggests that overall Black firearm homicide increases on average by an additional five deaths per 100,000 while the same rates for Black victims ages 15-24 rise by 29 deaths per 100,000. County-level estimates also show considerable increases in firearm homicide in Black communities within the more urban regions of the state. Treatment effect estimates for state-level Black firearm homicide translate into approximately an additional 260 deaths attributable to the change in the law over the 2007-2013 period.

Details: New York: CUNY Graduate Center, Department of Economics, 2018. 85p.

Source: Internet Resource: Accessed April 19, 2018 at: http://morganwilliamsjr.com/wp-content/uploads/2015/06/WilliamsJr_Morgan_WP_April_2018.pdf

Year: 2018

Country: United States

URL: http://morganwilliamsjr.com/wp-content/uploads/2015/06/WilliamsJr_Morgan_WP_April_2018.pdf

Shelf Number: 149856

Keywords:
Gun Control Policy
Gun Violence
Gun-Related Violence
Homicides
Race and Crime

Author: Hutchinson, Darren Lenard

Title: Who Locked Us Up?: Examining the Social Meaning of Black Punitiveness

Summary: Mass incarceration has received extensive analysis in scholarly and political debates. Beginning in the 1970s, states and the federal government adopted tougher sentencing and police practices that responded to rising punitive sentiment among the general public. Many scholars have argued that U.S. criminal law and enforcement subordinate people of color by denying them political, social, and economic well-being. The harmful and disparate racial impact of U.S. crime policy mirrors historical patterns that emerged during slavery, Reconstruction, and Jim Crow. In his Pulitzer Prize-winning book Locking Up Our Own: Crime and Punishment in Black America, James Forman, Jr. demonstrates that many blacks supported aggressive anticrime policies that gave rise to mass incarceration. On the surface, this observation potentially complicates arguments that conceive of U.S. criminal law and enforcement as manifestations of white supremacist political power. Forman's failure to provide a comprehensive analysis of the racist dimensions of punitive sentiment makes his research subject to such an interpretation. A deeper analysis, however, reconciles Forman's research with anti-racist accounts of U.S. crime policy. In particular, social psychology literature on implicit bias, social dominance orientation, and right-wing authoritarianism provides a helpful context for situating black punitive sentiment within anti-subordination criminal law theory. These psychological concepts could link punitiveness among blacks with out-group favoritism and in-group stigma that derive from structural inequality and anti-black social stigma. The social psychology of punitive sentiment, resilience of white supremacy, and conservative political ideology will likely present substantial barriers to the merciful approach to criminality that Forman proposes.

Details: Gainesville, Florida: University of Florida, Levin College of Law, 2017. 60p.

Source: Internet Resource: Accessed January 20, 2019 at: https://www.yalelawjournal.org/review/who-locked-us-up

Year: 2017

Country: United States

URL: https://www.yalelawjournal.org/pdf/Hutchinson_qd156n1o.pdf

Shelf Number: 154257

Keywords:
Anti-Crime Policies
Mass Incarceration
Punitive Sentiment
Race and Crime
Sentencing Practices
White Supremacy

Author: Lutes, Erin

Title: When Music Takes the Stand: A Content Analysis of How Courts Use and Misuse Rap Lyrics in Criminal Cases

Summary: Hip-hop's popularity has steadily increased since the late 1980s, with it becoming the most streamed genre of music in 2017. This rise in popularity is matched by an increase in the number of criminal court cases which implement one of hip-hop culture's primary features, rap music, as evidence. In order to build upon prior research regarding rap's implications in legal proceedings and begin to understand what impact this phenomenon might be having, this study systematically examines how rap lyrics were used in 160 state and federal criminal cases over a five-year period of time. Using qualitative content analysis, we found that rap evidence was proffered in these cases in one or more of five distinct ways: (1) to prove gang affiliation for sentencing enhancement purposes; (2) as circumstantial evidence of the commission of a crime; (3) as direct evidence of having communicated a threat; (4) to prove motive, knowledge, intent, identity, or character; or (5) to establish what incited the commission of a crime. Each of these themes was examined and analyzed with respect to the function of rap evidence within each case. The analyses demonstrate that rap evidence is routinely admitted against defendants in criminal proceedings, even in cases in which the prejudicial effect of such evidence clearly outweighs its probative value. Conversely, courts fail to consider rap lyric evidence when offered by defendants to exculpate themselves or mitigate their potential criminal liability. We offer several public policy recommendation to address these concerns.

Details: S.L.: American Journal of Criminal Law, 2019. 78p.

Source: Internet Resource: Accessed June 6, 2019 at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3369175

Year: 2019

Country: United States

URL: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3369175

Shelf Number: 156227

Keywords:
Courts
Evidence
Gang Affiliation
Music
Race and Crime