Race, Ethnicity, and Criminal Justice Contact: Reflections for Future Research

• Author: Patricia Y. Warren,Rod K. Brunson,Cresean Hughes,Eric A. Stewart
• Date: 01 April 2020
• Published date: 01 April 2020
• DOI: 10.1177/2153368717738090
• Subject Matter: Articles

Article

Race, Ethnicity, and Criminal

Justice Contact: Reflections

for Future Research

Eric A. Stewart

1

, Patricia Y. Warren

1

,

Cresean Hughes

2

, and Rod K. Brunson

3

Abstract

Since the 1980s, the number of individuals in the U.S. criminal justice system has more

than quadrupled and, as a result, incarcerates more people per capita than any other

industrialized nation. The dramatic surge in incarceration can in part be attributed to

the four decades of punitive crime policies that have produced large racial and ethnic

disparities. While prior research has consistently demonstrated these sizable dis-

parities, the purpose of the current research is 3-fold. First, we explore the current

state of race–justice research with regard to offending/victimization, policing, and

sentencing. We then explore the consequences of employment/earnings, families, and

communities. We conclude by offering directions for future research.

Keywords

race and sentencing, race an d courts, racial profilin g, race and policing, race and

incarceration, citizen satisfaction, driving while Black (DWB)

In 1903, DuBois predicted that the problem of the “color line” will be a paramount

concern of the 20th century. DuBois’ words remain true today as the problem of the

“color line” continues to be a central issue in American life. This is most notably

present in the criminal justice system where there are long-standing racial and ethnic

disparities. Since the early part of the 1900s, lynchings, discriminatory sentencing

laws, and prosecutorial and judicial bias were all historical forces that contributed

to the overrepresentation of Blacks in the justice system. While these overt

1

Florida State University, Tallahassee, FL, USA

2

University of Delaware, Newark, DE, USA

3

Rutgers, Newark, NJ, USA

Corresponding Author:

Eric A. Stewart, Florida State University, 112 South Copeland Street, Tallahassee, FL 32306, USA.

Email: estewart2@fsu.edu

Race and Justice

2020, Vol. 10(2) 119-149

ªThe Author(s) 2017

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DOI: 10.1177/2153368717738090

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discriminatory practices have diminished over time, significant racial and ethnic

disparities persist. For example, between 2003 and 2006, Blacks were arrested at

approximately 3 times the rate of Whites (Snyder & Mulako-Wangota, 2014). Similar

disparities have also been observed among new prison admissions. Blacks and His-

panics were 6 and 2 times as likely as Whites to be admitted to prison (Snyder &

Mulako-Wangota, 2014). Mauer (2001) notes that if these trends continue, one out of

every three Black and one out of every six Hispanic males can expect to be incar-

cerated at least once in their lifetime.

The explanations that undergird disparities in the criminal justice system are quite

complex. Nevertheless, identifying the processes that give rise to the disproportionate

number of racial and ethnic minorities under control of the criminal justice system has

garnered a substantial amount of scholarly attention (Britt, 2000; Mauer & King, 2007;

Ridgeway, 2007). For instance, several studies have concluded that a considerable

portion of the disparities observed in the arrest, sentencing, and incarceration decisions

do not reflect a systematic discriminatory process, but instead highlight differences in

offending patterns and criminal histories (Blumstein, 1982; Cohen & Kluegel, 1978;

Hindelang, 1978; Kleck, 1981). Additionally, Austin and Allen (2000) noted that dis-

proportionality varies by offense type with more serious offenses explaining a larger

percentage of the differences. In 1983, the National Research Council’s Panel on

Sentencing conclu ded that racial d iscrimination p layed an insignific ant role in

accounting for the number of racial minorities in U.S. prisons compared to offense

severity and criminal history (Blumstein, Cohen, Martin, & Tonry, 1983).

Conversely, other scholars maintain that the residual race effects that remain after

accounting for legal factors suggest that other bias processes might be at work

(Greene, 2000; Hawkins, 1986; Russell-Brown, 1998; Spohn, 2014; Tonry &

Melewski, 2008; Unnever & Gabbidon, 2011). In their comprehensive review of the

race and criminal justice literature, Sampson and Lauritsen (1997) note that the

cumulative disadvantages that minorities experience across the life course are likely to

be amplified in the criminal justice system.

Alexander (2012) notes that the observed disparities in crime and justice outcomes

reflect the punitive crime control policies that emerged during the “War on Drugs.”

Many of these policies, including the three strikes, and the federal 100-to-1 laws, were

enacted to get tough on crime by guaranteeing that drug and violent offenders would

receive more punitive criminal sanctions (see also Kennedy, 1997; Provine, 2006).

These policies were most often enforced in areas with higher concentrations of racial

and ethnic minorities.

Relatedly, scholars have recently explored the consequences of disparate criminal

justice contact, especially incarceration (Frost & Clear, 2012; Hagan & Dinovitzer,

1999; Peterson, Krivo, & Hagan, 2006; Piquero, West, Fagan, & Holland, 2006;

Turanovic, Rodriguez, & Pratt, 2012). Sampson and Lauritsen (1997) note that

scholars must be particularly attentive to “ ...the consequences of disproportionate

detention and imprisonment (p. 364)” because the social isolation and economic

disadvantage often experienced by racial and ethnic minorities are likely to be con-

sequential for a range of economic and social outcomes.

120 Race and Justice 10(2)