Racial Disparities in the Criminal Justice System

• NCJ Number: 90528
• Author(s): J Petersilia
• Date Published: 1983
• Length: 166 pages
• Grant Number(s): EB-2
• Sponsoring Agency: US Dept of Justice
• Corporate Author: Rand Corporation
• Sale Source: Rand Corporation; National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America
• Note: Prepared for the National Institute of Corrections.

Annotation

An analysis of data from the California Offender-Based Transaction Statistics for 1980 and the Rand Inmate Survey of inmates in California, Michigan, and Texas found racial differences in case processing, postsentencing treatment, and offender behavior and racial similarities in crime commission rates and probability of arrest.

Abstract

Minority suspects were more likely than whites to be released after arrest; however, after a felony conviction, minority offenders were more likely than whites to be given longer sentences and to be put in prison instead of jail. Significant racial differences were found in length of sentence served in California and Texas, but not in Michigan. The annualized crime commission rates were much the same for white and minority criminals, and no significant differences were found in the probability of arrest, given that an offender had committed a crime. Concerning weapons use, Hispanics were much more likely than other groups to use knives, and black burglars were less likely to be armed. Racial differences were strongest in prison behavior, with blacks having a higher rate of infractions in Texas and whites having a higher rate in California. The disparities in release rates may be explained by the way in which whites and minority suspects are arrested. Police more often arrest white suspects than minority suspects 'on warrant,' so that fewer whites probably are released without charges. Disparities in sentencing and time served may be explained by racial differences in the use of plea bargaining and jury trials. Plea bargaining resolves a higher percentage of felony cases involving white defendants, whereas jury trials resolve a higher percentage of cases involving minorities. The report discusses other factors related to disparities in sentencing and time served, along with indicators of recidivism. Implications for future research and policy are presented. Study data, footnotes, and about 150 references are supplied. Regression analyses are appended. (Author summary modified)