Racial Disparities

1. Racial Disparities Race and Criminal Justice

2. The Criminal inJustice System

3. “Driving While Black” Do people really think this way? And, if they do, is the perception based in reality?

4. Are police (racially) fair? Depends on whom you ask Blackish clip

5. Perceptions of Motivation Differ Too Read more: The Racial Confidence Gap in Police Performance

6. Racial Perceptual Divide is Widening Sourcebook of Criminal Justice Statistics 2000, Table 2.29 (top); Pew Social Trends 2013 poll (right)

7. New York’s Stop & Frisk Policing

8. N.Y. Stop & Frisk

9. Use of Force in N.Y. City Stops Fryer Jr, R. G. (2016). An empirical analysis of racial differences in police use of force (No. w22399). National Bureau of Economic Research.

10. Civilian reports of use of force, national representative sample Fryer Jr, R. G. (2016). An empirical analysis of racial differences in police use of force (No. w22399). National Bureau of Economic Research.

11. LAPD Data: Police Stops (Ayres and Borowsky, 2008) The data show “prima facie evidence that African Americans and Hispanics are over-stopped, over-frisked, over-searched, and over-arrested.” Specifically, when stopped by police, compared to their White counterparts, Black drivers are • 127% more likely to be frisked • 76% more likely to have their vehicle searched • 29% more likely to be arrested

12. LAPD Data: Search Outcomes (Ayres and Borowsky, 2008) • Frisked African Americans are 42.3% less likely to be found with a weapon and frisked Hispanics are 31.8% less likely to have a weapon than frisked non-Hispanic Whites. • Consensual searches of Blacks are 37.0% less likely to uncover weapons, 23.7% less likely to uncover drugs and 25.4% less likely to uncover anything else. • Consensual searches of Hispanics similarly are 32.8% less likely to uncover weapons, 34.3% less likely to uncover drugs and 12.3% less likely to uncover anything else.

13. Ferguson Police Department Stop-and-Search Statistics “#Error” produced because it is not possible to calculate a percentage from zero.

14. Ferguson Police Department Stop-and-Search Statistics

15. Illinois Traffic Stop 2015 Executive Summary Asian = .38% White = .99% Latino = 1.51% Black = 1.77%

16. Racial Profiling: Champaign-Urbana

17. Racial Profiling: University of Illinois

18. Racial Profiling: Illinois 6 YR Averages

19. Deadly Use of Force, Over Time

20. Deadly Use of Force Edwards, Lee, & Esposito (2019). Risk of being killed by police use of force in the United States by age, race–ethnicity, and sex. Proceedings of the National Academy of Sciences. Rate of law enforcement killings, per million population per year, 1999-2011.

21. U.S. Incarceration rate, 1920-2014 https://en.wikipedia.org/wiki/United_States_incarceration_rate#/media/File:US_incarceration_timeline-clean.svg Data Source: Illinois Department of Corrections. (Graph: Prison Policy Initiative, 2010)

22. The Price of Justice

23. International Incarceration Rates See complete world prison population list

24. World Incarceration Rates If Every U.S. State Were A Country Methodology and formal citations

25. U.S. Incarceration Rates by Sex https://en.wikipedia.org/wiki/United_States_incarceration_rate#/media/File:U.S._incarceration_rates_1925_onwards.png

27. Incarceration rates by race Source: Statistics as of June 30, 2010 and December 31, 2010 from Correctional Population in the United States and from U.S. Census Summary File 1.(Graph: Peter Wagner, 2012) Source: Bureau of Justice Statistics, Correctional Population in the United States, 2010, Appendix Table 3. (Graph: Peter Wagner, 2012)

28. Incarceration rates by race (cont.) Source: Source: Bureau of Justice Statistics, Correctional Population in the United States, 2010, Appendix Table 3. (Graph: Peter Wagner, 2012)

29. Incarceration disparities over time

30. Juveniles in adult prisons Bureau of Justice Statistics, Profile of State Prisoners Under Age 18, 1985-1997 (Peter Wagner, 2003)

31. Racial disparities in Illinois Nearly two thirds (64 percent) of the state's 45,629 prisoners in 2001 were African-American, a percentage more than four timers greater than blacks' share of Illinois' population.

32. Incarceration rates since 1925

33. Mass Incarceration: The Whole Pie Note: All cases are reported only under the most serious offense. For example, a person who is serving prison time for both murder and a drug offense would be reported only in the murder portion of the chart.

34. Two different tracks?

35. Change in incarceration, by crime type

36. Incarceration vs Drug Use

37. A Closer Look at Marijuana Read more here

38. A Closer Look at Marijuana

39. What happens when we decriminalize? Massachusetts decriminalized the possession of small amounts of marijuana in 2009, and arrests dropped an enormous amount: States that have legalized or decriminalized marijuana to date all have smaller-than-average black populations. Thus, the benefits of these policies have mainly accrued to white smokers.

40. Where we are now:

41. Lifetime incarceration rates Source: Bureau of Justice Statistics, Prevalence of Imprisonment in the U.S. Population, 1974-2001.

43. Privatizing Prisons Source: Private Adult Correctional Facility Census, 1995 and 2001 Editions. Excerpt from The Prison Index: Taking the Pulse of the Crime Control Industry (2003) by Peter Wagner

44. Capital Punishment T. Snell, “Statistical Brief: Capital Punishment, 2014-2015,” Bureau of Justice Statistics, May 2017.) See Studies. Read DPIC’s Year End Reports for 2014 and 2015.

45. The abolition of the death penalty • No executions occurred in the U.S. between 1967 to 1972 thanks to efforts of the NAACP Legal Defense Fund. • Furman v. Georgia (1972): U.S. Supreme Court considers constitutionality of the death penalty. Court divided… • Burger, Blackmun, Powell and Rehnquist argue in favor of constitutionality. • Douglas and White argue that arbitrary application of capital punishment is cruel and unusual. • Brennan and Marshall (and originally Stewart) argue that capital punishment is itself “cruel and unusual punishment.” • White and Stewart make a deal

46. Furman v. Georgia: Dissent among abolitionists “The discretion of judges and juries in imposing the death penalty enables the penalty to be selectively applied, feeding prejudices against the accused if he is poor and despised, and lacking political clout, or if he is a member of a suspect and unpopular minority, and saving those who, by social position, may be in a more protected position.” ~ Justice Douglas "These death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual. For, of all the people convicted of rapes and murders in 1967 and 1968, many just as reprehensible as these, the petitioners are among a capriciously selected random handful upon whom the sentence of death has in fact been imposed. My concurring Brothers have demonstrated that, if any basis can be discerned for the selection of these few to be sentenced to death, it is the constitutionally impermissible basis of race…But racial discrimination has not been proved, and I put it to one side. I simply conclude that the Eighth and Fourteenth Amendments cannot tolerate the infliction of a sentence of death under legal systems that permit this unique penalty to be so wantonly and so freakishly imposed.“ ~ Justice Stewart

47. The abolition and the aftermath • Furman v. Georgia (1972) nullified the death penalty (5-4) and converted the death sentences of hundreds of death row inmates to life in prison. • In following four years, 37 States enacted new death penalty laws designed to overcome Court’s concerns in Furman. • Some of these new laws and constitutionality of capital punishment upheld by Supreme Court in Gregg v. Georgia (1976).

48. Persons Executed in the United States Bureau of Justice Statistics data | Link to chart

49. Violent Crime • Homicide rates much higher in U.S. relative

50. U.S. Death Sentences and Executions