NCJ Number
256008
Date Published
2008
Length
74 pages
Annotation
This second edition manual continues the focus on racial disparities in the criminal justice system and outlines the steps criminal justice agencies can take to correct those effects.
Abstract
"Racial disparity" is defined as existing in the criminal justice system when "the proportion of a racial/ethnic group within the control of the system is greater than the proportion of such groups in the general population." Illegitimate or unwarranted racial disparity results from differential treatment by the criminal justice system of similarly situated people based on race. In some instances this may involve overt racial bias, and in others it may reflect the influence of factors that are only indirectly associated with race. In discussing the causes of racial disparity in the justice system, this manual addresses higher crime rates, inequitable access to resources, legislation that disproportionately affects minorities, and overt bias. A discussion of manifestations of racial disparity at key decision points in the justice system targets the following stages of processing: police action; arraignment, release, and preadjudicatory decisions; adjudication and sentencing; probation and community supervision; jail and prison custody; and parole decisions. Another section of the manual provides a framework for research that will enable a jurisdiction to determine the degree to which racial disparity exists in its criminal justice processing. Finally, options are described for reducing racial disparity in the following criminal justice operations: law enforcement, pretrial procedures, prosecution, defense, judiciary, probation, jails and prisons, parole, and in systemwide and legislative decisions.