The Color of Justice

Addressing the Issue: Racial Disparity in State Prisons

            In the United States of America, a country founded on ideals of freedom and equality, there is still substantial work to be done before these goals are achieved. One of the greatest examples of inequality in our country is the racial and ethnic disparity seen in state prisons. By addressing this issue and taking steps to remedy it, the nation will be able to become more whole and a great amount closer to the free and equal country it claims to be. 

            The racial sentencing disparity is the disproportionate number of Black Americans incarcerated compared to White Americans and their respective population percentages. It involves the higher rate at which Black and Latinx Americans are imprisoned in respect* to White Americans. As noted in the report by The Sentencing Project, The Color of Justice: Racial and Ethnic Disparity in State Prisons, Black Americans are imprisoned at a rate that is around five times that of White Americans, with some states’ rates reaching over nine times. This trend is not something to be taken lightly; imprisonment is a serious punishment that greatly and negatively alters the lives of those incarcerated. It can affect not only an individual but an entire community. As stated in the report, “high levels of imprisonment in communities causes high crime rates and neighborhood deterioration,” leading to growing disparities. The racial disparity seen in state prisons is a topic that has been researched by criminologists for years yielding many different theories and explanations as to why it exists and continues to prevail. 

            In the report, The Sentencing Project names three main explanations for the disparity that have been found multiple times by many different studies. One of these includes the legacy of racial subordination in our country. It is no secret that the United States has a history of white supremacy and while it has come a long way from what it used to be, the disparity in state prisons is an example of its current existence. Because Black Americans are perceived as a greater threat to the public, they are given harsher sanctions than White Americans. Another cause is biased policies and practices that take a harsh toll on African Americans. One of these policies is the consideration of criminal records, which include arrests as well as convictions, when making the decision of whether to incarcerate an individual or utilize community corrections instead. This policy does not work alone to increase the racial disparity in prisons, but the two have a clear correlation when considered with statistics of arrests. Black Americans are stopped by police more often than White Americans. They are also arrested for low-level drug offenses four times that of White Americans as well as two and a half times more for drug possession. The increase in arrests experienced by Black Americans causes them to have more criminal records, leading to an increase in their incarceration rates. The final cause noted in the report is the structural differences in society between Black and White people that serve as a disadvantage to Black Americans. These factors include poverty, employment, housing, and family differences. For example, the majority of African Americans live in poorer, more crime-ridden neighborhoods whereas White Americans typically live in more affluent neighborhoods with less crime. Such substandard environments cause many social problems including increased criminal activity for those who live in them.

            The report details several different reforms that could be adopted by states in order to reduce the racial disparities in prisons. One of the suggestions in the report is to eliminate mandatory sentencing. This action would restore judicial discretion in cases and give an individualized approach to each situation rather than the one-size-fits-all punishment that is seen by mandatory minimum sentences. Another suggestion is to require prospective and retroactive racial impact statements for all criminal statutes. This would be an extremely effective way to reform the racial disparity because it would increase the accountability and addressing of the disparity. However, it requires states to actually follow through with this, which has been extremely underwhelming in New Jersey, who passed legislation stating that they would. Another suggested remedy is to decriminalize low-level drug offenses that have played a great role in increasing racial disparities. In my opinion, this would be the most effective way of reducing the disparity. Research into sentencing disparity reveals that there is a greater level of disparity for smaller crimes, such as drug offenses, than for serious crimes. If these offenses were decriminalized, less people would be arrested which would greatly impact and limit the criminal records of Black Americans, ultimately leading to a reduction in racial disparities. 

The racial and ethnic disparity within the state prisons in our country is an issue that can no longer be pushed to the backs of our minds. It means little to just understand what it is, what causes it, and what could potentially be done to remedy when no subsequent action is being taken. Until the ratio of races and ethnicities in prison is more reflective of the true proportions in our country, there will still be work to be done within the criminal justice system. 

 

Works Cited

Nellis, Ashley. “The Color of Justice: Racial and Ethnic Disparity in State Prisons.” The Sentencing Project, The Sentencing Project, 16 Dec. 2022, https://www.sentencingproject.org/reports/the-color-of-justice-racial-and-ethnic-disparity-in-state-prisons-the-sentencing-project/.