Racial Disparities in Criminal Justice and Incarceration in America

Introduction: Culture and Racial Disparities in American Criminal Justice

America has a very diverse culture. Culture can be defined as the sum total of behavior of a group of people and traditions transmitted from one generation to another. The three major racial and ethnic groups—White, African American, and Hispanic—have distinctly different experiences within the American legal system. From criminal prosecution to convictions to time served in prison and sentences, these three groups have different stories to tell. Statistics from the U.S. Justice Department report substantial disparities in the number of incarcerations in America, with African American men incarcerated at rates nearly ten times higher than White men. Beyond the crimes themselves, racial factors influence incarceration rates in ways that derive from societal perceptions and the reality that racism persists in society, particularly in its treatment of minority groups. Understanding these disparities requires examining both statistical evidence and the systemic factors that perpetuate inequality.

The number of African Americans incarcerated compared with other races is substantially uneven. African American men between the ages of 25 and 29 are far more likely to become incarcerated than Whites or Hispanics. In 2010, African American men accounted for a rate of 4,347 inmates per 100,000 U.S. residents of the same race and gender. White males were incarcerated at the rate of 678 inmates per 100,000 U.S. residents. Hispanic males were incarcerated at the rate of 1,755 inmates per 100,000 U.S. residents.

Incarceration Rates by Race and Gender

These statistics reveal stark disparities in who enters and remains in the criminal justice system. African American males in the age group of 25 to 29 are more likely to become incarcerated than men who are Hispanic or White. African American males are also more likely to serve longer sentences and spend more time behind bars. Understanding why these disparities exist requires examining the underlying social and economic conditions that contribute to these outcomes.

One major reason for these disparities is the socioeconomic challenges that African Americans face on a daily basis. Due to these struggles, African American children are more likely to live in poverty than White children. According to the 1999 United States Bureau of Census, "33.1% of African American children lived in poverty compared with 13.5% of white children" (Mauer, 2007). Additionally, "African American children are more likely to live in poverty than are white children, primarily because African American children are far more likely to live in single-parent families and to be on welfare" (Mauer, 2007).

Socioeconomic Factors and Poverty

Educational achievement also differs significantly across racial groups. The United States prisons are filled with convicts who have limited job prospects and low incomes. Research shows that "more than half of the prison population had not completed high school; 33% did not hold an occupation; 45% held a part-time job, and approximately 70% received less than fifteen thousand dollars a year" (Kerby, 2013). These educational and economic deficits are not evenly distributed across racial groups. Employment and wage disparities documented by the Bureau of Labor Statistics show persistent gaps that reflect both historical discrimination and ongoing structural inequality.

Latinos face similar challenges. They are "suffering unemployment rates nearly twice as high as whites and poverty rates nearly three times higher, making up 28% of federal and 17% of state inmates, however making up only 10.2% of the population" (Torr, 2004). These figures demonstrate that poverty and economic desperation are strong predictors of incarceration, and these conditions are unevenly distributed along racial lines.

Drug-Related Offenses and Law Enforcement

Another significant reason for higher incarceration rates among African American males is drug-related activity. Some individuals turn to drug-related crimes to make money quickly in order to meet basic needs. According to Torr, the "war on drugs" that was declared in 1980 "has been the primary contributor to the growth of the prison system population in the United States" (Torr, 2004). The Drug Enforcement Administration's enforcement priorities have had a disproportionate impact on communities of color.

African American individuals engage in drug-related activities at rates comparable to other groups, yet face more severe enforcement consequences. Statistics show "7.7% current users compared to 6.6% for whites and 6.8% for Hispanics" (Whisner, 2013). Despite similar or lower usage rates, "African Americans are mostly likely to be arrested than any other group" due to the use of drugs (Whisner, 2013). The impact of greater emphasis on law enforcement and incarceration of drug offenders has had a dramatic effect on the incarceration of African Americans, suggesting that enforcement patterns rather than behavior alone explain the disparities.

Community-Based Interventions and Rehabilitation

There are evidence-based interventions that surrounding communities can implement to prevent rising incarceration statistics. One effective method is the use of rehabilitation and drug treatment centers for prisoners. For example, "A study of residential drug treatment within federal prisons showed that inmates who complete the program were 7.3% less likely to be arrested than those who had not completed it" (Weatherspoon, 2004). Federally funded rehabilitation programs help inmates stay out of trouble and are a valuable asset in reducing recidivism.

Drug treatment centers can help eliminate drug problems among incarcerated populations. These programs can assist inmates with substance abuse issues and prevent the rising incarceration of African American men. The Substance Abuse and Mental Health Services Administration provides evidence-based treatment resources that can be integrated into prison systems. Another way to decrease incarceration statistics is by offering community activities such as job training to inmates. "Job training in prison might be coordinated with work after release" (Weatherspoon, 2004). The community engaging inmates in useful activities diverts their attention from activities that might lead to reincarceration.

Diversity in the Legal Profession

Due to many young African Americans being incarcerated for various reasons, there are not as many African American lawyers compared to White lawyers. However, the number of African American legal professionals is slowly increasing. There has been a slight increase in the number of African American individuals attending college to become lawyers. Approximately "7.2% of law students are African Americans, and African American represent 12.1% of the general population" (Lewin, 2010). While this statistic reveals an underrepresentation, it also demonstrates that there is growing hope for the African American population to achieve professional success and potentially reshape the justice system from within.