Wednesday, July 3, 2019

How does the United States' criminal justice system create and maintain racial hierarchy through mass incarceration?

The incarceration rates for different racial and ethnic sectors of the US population vary widely and are disproportionate in their representation of the overall population. For African American and Hispanic people, incarceration is almost double the overall percentage: in 2011, comprising about 30% of the population, blacks and Latinos/as accounted for about 56% of the incarcerated population. Additionally, in that year, for black men the incarceration rate was about seven times that of white men.
Differing rates of arrest, conviction, and sentencing all come into play to account for these disparities. Another significant factor is pre-trial detention and the number of people held in local (compared to state and federal) prisons. People who have not yet been convicted are likely to await trial in local jails, especially if unable to post bail.
The racial discrepancy in posting bail is associated with poverty, based on an individual's overall income. Many cases are not tried, however, as accused offenders often accept plea bargains which do not give them a jury trial. In addition, similar crimes (such as drug offense) may be classified differently depending on their previous association with one racial or ethnic group. Disparities in sentencing for crack cocaine versus powder cocaine offenses, at the ratio of 100:1, has drawn increased attention in recent years.
The high incidence of incarceration has also been linked to a "revolving door" phenomenon, in which people are frequently re-incarcerated once they have entered the system. Probation and parole violations are among the most common causes that send people back to jail—often to serve a longer sentence than the original one. Among youthful offenders—constituted by a disproportionately high segment of black and Hispanic prisoners—there are offenses associated with adults, including status offenses like running away and truancy.
Immigrant detention also accounts for a sizeable and growing proportion of incarcerated persons; these include a large number of unaccompanied minors.
https://www.aclu.org/other/cracks-system-20-years-unjust-federal-crack-cocaine-law

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5106500/

https://www.prisonpolicy.org/reports/pie2019.html

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