Offending and Racial and Ethnic Disparities in Criminal Justice

Abstract

Scholars and policy makers have expressed concern that observed minority differences in processing (e.g., arrest, detention, conviction) and sentencing stem not from the legal merits of cases but rather from intentional or unintentional discrimination. An additional concern is that there may be disparities in society that lead to offending differences among racial and ethnic groups, and that these differences may be amplified by disparities that minorities experience in and through the criminal justice system. In this article, we identify the dimensions along which information is needed to document minority disparities in criminal justice processing and sanctioning and to guide interventions to reduce them. We conclude that research to date has not systematically documented the true prevalence of minority disparities in criminal justice processing or sanctioning or the causes of them. We then argue that social structural disparities faced by minorities warrant comparable attention to that given to criminal justice disparities. Documentation of these disparities and their causes will be necessary to shed light on the exercise of formal social control. It also can contribute to efforts to understand offending and how most effectively to reduce crime and unfair sanctioning.

The Effects of Race and Gender When Predicting Intimate Partner Violence Recidivism in Police Reports Using the Ontario Domestic Assault Risk Assessment

“…This result is consistent with Stansfield and Williams’ (2014) findings for the DVSI-R, and adds to evidence that IPV risk assessment can identify the highest risk individuals regardless of race. However, recidivism data may be biased to the extent that Black individuals are targeted in the justice system, including potential disparities in arrest, conviction, and incarceration rates (e.g., Mears et al, 2016). IPV researchers could include self-reported outcomes, which exhibit less racial disparity than official records (Vincent & Viljoen, 2020).…”

Subjective Well-Being, Critical Race Theory, and the Assessment of Measurement Invariance Across Racial Groups

“…Despite any observable cohort effects, disparities in emotional and behavioral health (J. Brown et al, 2007), criminal justice (Mears et al, 2016), educational attainment (Condron et al, 2013), and employment (Toldson & Snitman, 2010) that are generated by institutional bias have persisted since the early 1990s.…”

Neighborhood context and racial/ethnic disparities in judicial processing

“…Latinos represent 23% of incarcerated persons and 16% of U.S. adults (Gramlich, 2019). Such racial/ethnic disparities in incarceration rates cannot be explained by group differences in arrest rates (Mears, Cochran, & Lindsey, 2016; The Sentencing Project, 2013). Minority overrepresentation among processed populations grows between entry into the courts and final disposition (Blumstein, 1982; Harris, Steffensmeier, Ulmer, & Painter‐Davis, 2009; Tonry & Melewski, 2008).…”

“…differences in arrest rates (Mears, Cochran, & Lindsey, 2016;The Sentencing Project, 2013). Minority overrepresentation among processed populations grows between entry into the courts and final disposition (Blumstein, 1982;Harris, Steffensmeier, Ulmer, & Painter-Davis, 2009;Tonry & Melewski, 2008).…”