The Sentencing Project Examines Racial, Ethnic Prison Disparity in New Report

July 18, 2007

A new analysis by The Sentencing Project provides a regional examination of the racial and ethnic dynamics of incarceration in the U.S., and finds broad variations in racial disparity among the 50 states. The report, Uneven Justice: State Rates of Incarceration by Race and Ethnicity, finds that African Americans are incarcerated at nearly six (5.6) times the rate of whites and Hispanics nearly double (1.8) the rate.

The report also reveals wide variation in incarceration by state, with states in the Northeast and Midwest exhibiting the greatest black-to-white disparity in incarceration. In five states - Iowa, Vermont, New Jersey, Connecticut, and Wisconsin - African Americans are incarcerated at more than ten times the rate of whites.

"Racial disparities in incarceration reflect a failure of social and economic interventions to address crime effectively and also indicate racial bias in the justice system," stated Marc Mauer, Executive Director of The Sentencing Project. "The broad variation in the use of incarceration nationally suggests that policy decisions can play a key role in determining the size and composition of the prison population."

The report extends the findings of previous analyses by incorporating jail populations in the overall incarceration rate and by assessing the impact of incarceration on the Hispanic community, representing an increasing share of the prison population. The state figures for Hispanic incarceration also reveal broad variation nationally. Three states - Connecticut, Massachusetts, and Pennsylvania - have a Hispanic-to-white ratio of incarceration more than three times the national average.

Prior research from the Department of Justice has demonstrated that if current trends continue, one in three black males and one in six Hispanic males born today can expect to go to prison. Rates for women are lower overall, but exhibit similar racial and ethnic disparities.
To address the broad disparities in the criminal justice system, The Sentencing Project urges policymakers to implement a variety of measures. These include:

Revisit the domestic drug control strategy, including recalibrating sentencing laws, such as the federal cocaine statutes which result in disproportionate numbers of low-level offenders being prosecuted;

Revisit the wisdom of mandatory minimum sentencing and restore appropriate judicial discretion to incorporate individual circumstances in the sentencing decision;

Establish enforceable and binding standards for indigent defense that ensure the provision of quality representation for all defendants;

Mandate that all legislation affecting the prison population be accompanied by a Racial Impact Statement to document the projected consequences for persons of color.

VIEW UNEVEN JUSTICE: STATE RATES OF INCARCERATION BY ETHNICITY AND RACE

READ DES MOINES REGISTER ARTICLE

READ DES MOINES REGISTER EDITORIAL

VIEW THE SENTENCING PROJECT'S REPORT REDUCING RACIAL DISPARITY IN THE CRIMINAL JUSTICE SYSTEM

VIEW THE SENTENCING PROJECT'S REPORT, SCHOOLS AND PRISONS: FIFTY YEARS AFTER BROWN V. BOARD OF EDUCATION