Social problems such as racial discrimination, poverty, crime, and high recidivism rates are connected in a variety of ways. When individuals are convicted of crimes, there are often significant consequences that affect the levels of wealth and security of such individuals. There are a number of collateral sanctions that can result from being charged with certain crimes such as “disenfranchisement, the denial of welfare benefits and public housing, sex offender registration” (Demleitner, 2005, 505). Convicted individuals have difficulties finding jobs and carrying on relationships. In addition to strong evidence that shows that poverty leads to increases in crime, there is some evidence that income inequality itself may increase crime under certain conditions (Brush, 2007). Thus, when individuals get convicted of crimes, they enter into a system that perpetuates them into committing other crimes. If there is any racial discrimination in the criminal justice system such that certain races are much more likely to be targeted as criminals, then it would seem that the criminal justice system forms a sort of perpetual system for turning individuals of such races into criminals.
One study investigated the different recommendations that caseworkers would give for clients depending on the race of the clients (Schram, Soss, Fording, & Houser, 2009). The results of the study showed that when caseworkers heard the stories of clients with Hispanic sounding names, they were 12% more likely to recommend sanctions against the clients than if the names of the clients sounding like the clients were white (Schram, 2009). The study produced similar results comparing caseworker recommendations for white versus black names, with 6% more sanctions being recommended for black names than white names (Schram, 2009). Socioeconomic factors, too, influenced whether an individual was recommended sanctions. When the client was said to have four children, the recommended sanctions increased more for Hispanic names and black names than white names (Schram, 2009).
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Between the years 1980 to 2000, the drug arrest rate for black Americans went from about 6.5 arrests per 1,000 people to 29.1 arrests per 1,000 people, while the arrest rate for white Americans only went from 3.5 arrests per 1,000 people to 4.6 arrests per 1,000 people (Beckett, Nyrop, & Pfingst, 2006). Research suggests that white outdoor drug markets receive considerably less attention from authorities than racially diverse outdoor drug markets (Beckett et al., 2006). Many scholars view recent state policies concerning welfare as creating more aggressive control mechanisms over minorities, even leading many towards correctional institutions rather than towards jobs (Fording, Soss, & Schram, 2011). Research suggests that “racial classifications continue to shape the operations of poverty governance at all levels of the U.S. system” (Fording, Soss, & Schram, 2011, 1650). Studies show that the states with the highest black populations are also the states with the most disciplinary polices, resulting in more blacks being subject to disciplinary regimes (Fording, Soss, & Schram, 2011).
Along with the large amount of literature that suggests that blacks are arrested at higher rates, proportionally, than whites is research that suggests that blacks and whites have very different perceptions about the biasness of the criminal justice system (Hurwitz & Peffley, 2010). Studies show that most whites believe that the justice system is indiscriminate, while most blacks believe that there are high level of discrimination throughout the criminal justice system, which is supporting by strong evidence (Hurwitz & Puffley, 2010).
It seems, then, that there criminal justice system does, in fact, target minorities for convictions, both at the policing level and at the sanctioning level. The increased prevalence of punishment for minorities also affects their families, who are much more likely to be minorities themselves, thus furthering the perpetuation of minorities into poverty and potentially towards criminal activity. Blacks are likely incarcerated seven times more often than whites not only because the criminal justice system is in some way discriminate, but also because the welfare system adds greater control over blacks and other minority groups which makes it difficult for these people to get out of welfare and out of crime-latent communities. Being on welfare puts strict requirements on what one can do, often requiring individuals to apply for a set number of jobs. It can make it difficult for minorities to get the proper education that would allow them to become skilled workers rather than going through the difficulties of finding a job as an unskilled worker. Additionally, higher incarceration rates means losing jobs more often and spending more time on welfare for minorities.
It is not only on the policing end of the criminal justice system that minorities are being discriminated against. Minorities also receive more severe punishment than whites, which can make it difficult for minorities to get out of poverty and stay out of poverty. Collateral sanctions, such as not being able to find a job after being incarcerated, also contribute heavily to the perpetuation of minorities into poverty and crime. Even when minorities try to set out on the right paths, it can be very difficult to get going when one has prior convictions. The high variation in criminal punishment makes it much harder for minorities to get jobs. There seems to be a system of perpetuation in the criminal justice system that begins with discrimination at the policing end and carries through all the way even after one has left the criminal justice system and must deal with collateral sanctions.
- Beckett, K., Nyrop, K., & Pfingst, L. (2006). Race, drugs, and policing: Understanding disparities in drug delivery arrests. Criminology, 44(1), 105-137.
- Brush, J. (2007). Does income inequality lead to more crime? A comparison of cross-sectional and time-series analyses of United States counties. Economics Letters, 96(2), 264-268.
- Demleitner, N. V. (2004). Thwarting a New Start-Foreign Convictions, Sentencing, and Collateral Sanctions. University of Toledo Law Review, 36, 505-524.
- Fording, R. C., Soss, J., & Schram, S. F. (2011). Race and the Local Politics of Punishment in the New World of Welfare1. American Journal of Sociology, 116(5), 1610-57.
- Hurwitz, J., & Peffley, M. (2010). And justice for some: Race, crime, and punishment in the US criminal justice system. Canadian Journal of Political Science, 43(2), 457-479.
