Racial injustice in the criminal justice system Wornie Reed, Ph.D. Race and Social Policy Research Center Virginia Tech June 22, 2013

The problem Number of blacks in the CJ system today Greater than Number of blacks in slavery in 1850

Black and White Prison Admissions, Historical

African Americans are 12.6% of the U.S. Population 30% of those arrested 41% of persons in jails 49% of persons in prison

Nationally, The Black Population is Being Imprisoned at Alarming Rates Upwards of 1/3 of the black male population is under the supervision of the correctional system (prison, jail, parole, probation) Estimated “lifetime expectancy” of spending some time in prison is 29% for young black men. About 9% of black men in their 20s are in prison 7% of black children, 2.6% of Hispanic children , .8% of white children have a parent in prison (at one time) – lifetime expectancy much higher

Distressing trends In some jurisdictions, greater than 50% of black males in their 20s are under criminal justice supervision At the current rate of incarceration, nearly 30% of black males born in the 1990s will serve time in a state or federal prison as compared to only 4.4% of non-Hispanic whites.

Trends in property and violent crimes, United States, 1975-2005 Note: Violent Crime - per 1,000 persons 12+ years of age; Property Crime – per 1,000 households. Source: U.S. Department of Justice. OJP, BJS, Crime Characteristics (at www.ojp.usdoj.gov.bjs)

The Drug War Much of the increase in imprisonment is due to drug offenses. Drug use rates have generally declined since the 1980s, while drug imprisonments have increased. Black adult drug use rates are only slightly higher than the white rates, while their imprisonment rates for drugs are enormous Among juveniles, blacks use illegal drugs less than whites, but black juveniles have much higher drug arrest rates.

African Americans, Drugs, and Criminal Justice, U.S.

Percentage of African Americans at Stages of the Criminal Justice Process, Virginia

Crack Cocaine Users Sources: Porter and Wright, 2011; Mauer 2010

Crack Cocaine Defendants Sources: Porter and Wright, 2011; Mauer 2010

Racial disparities in marijuana possession arrest rates per 100,000 population ACLU. 2013. The War on Marijuana in Black and White. NY: ACLU

Marijuana use rates by race, age (%) ACLU. 2013. The War on Marijuana in Black and White. NY: ACLU

Times More likely blacks arrested USA 3.7x Virginia 2.8x Montgomery County 6.3x

Traffic Stops, Searches, and Yields for 12 Selected States, by Race Race/Ethnicity Stops Searches Yield Blacks 11 of 12 > whites 9 of 12 > whites 6 of 9: B < W Hispanics 5 of 11 > whites 9 of 10 > whites 7 of 8: H < W

Drug incarceration rates by race, 2007 White Adults Black Adults Unjust (Current) 65,000 82,000 Just Whites at black rate 418,000 or Blacks at white rate 8,300

Consequences Psychological Increased contact with CJ system Loss of driving privileges DMC Over one-third of all prisoners are on drug charges.

Consequences (cont’d) Felony convictions Affects welfare benefits, public housing, financial aid for higher ed Negative health consequences Tuberculosis HIV infection Disenfranchisement > 2 million in U.S. (38% of total) > 220 thousand in VA Diminished employment prospects Lone mothers

UCRC Black Males Not Working and Black Mother Only Families, U.S., 1950 - 1999

Black Males Not Working and Black Female Headed Households, Virginia

Effects of Black Males Not Working UCRC Effects of Black Males Not Working Reduced number of eligible marriageable males. Family structure, poverty, and the well-being of children 47% of children in lone mother families are in poverty. Note: there are debates about the size of the effect of the “marriageable mate pool.” However, it is clear that it is a factor in African American family structure. The relationship does not hold for whites and Hispanics.