The Influence of Population Density on The Imprisonment of Black Men in The Us

In the United States, one of every nine black men between the ages of twenty and thirty-four are incarcerated. One in every three black men could expect to be incarcerated at some point in his life (Tonry, 2010). The rates for black men far exceed those of any other race. For example, black males are incarcerated at nearly seven times more than the rate of white males. Why is this? The impact of demographically concentrated incarceration rates on offenders, families, and communities is an important social concern. Racial disparity between black and white men are a major issue that we have seen throughout the years, especially in today’s society. Black men are 1 in 3 times more likely to be imprisoned while white men are 1 in 17 (Tonry, 2010). Why is there such a large difference between the races and how are these black men being targeted? Numerous studies have shown that black men are overrepresented in the criminal justice system due to discrimination against their race.

Black people, especially males have been targeted since the beginning of times in America. Racial disparity in the American criminal justice system started during the Antebellum Era. The Antebellum Era was during a time when cotton was booming in the south. Prior to the Civil War, southern states did not use the criminal system as a form of punishment. Before the year of 1870, the majority of the prison population was white (Guffey, 2012). Blacks were imprisoned, but in a different way: slavery. Since blacks were enslaved, punishment was enforced by their owner. It was not until the 1960s, when criminologists began to realize there was racial conflict in the justice system (Guffey, 2012).

Jim Crow Laws enforced racial segregation between blacks and whites in 1877. These laws were a reaction to Reconstruction and were based on the theory of white supremacy (Guffey, 2012). Southern states began to limit voting rights only to those who own property, able to read well, paid poll taxes, and those whose grandfathers had been able to vote. These laws allowed for segregation in parks, schools, bathrooms, prisons, hospitals, and orphanages (Guffey, 2012). Black people in Alabama were not allowed to leave their residences after 10:00pm. In South Carolina, black and white textile workers were not allowed to work in the same room and could not even look out the same window. Everything and everyone were “separate but equal.” Eighty-seven years later, President Lyndon B. Johnson signed the Civil Rights Act of 1964 which abolished Jim Crow Laws (Guffey, 2012). Blacks have been targeted for years upon years and are still being targeted today. There are loopholes in America’s criminal justice system that allows blacks, especially men, to become and remain a victim to disparity.

The potential for disparity begins with an arrest, which are sometimes connected to traffic stops. While the majority of violations result in a warning or ticket, these interactions can serve as an entry into the criminal justice system (Dunn, 2009). Studies by Brian Kowalski and Richard Lundman have shown that black men are more likely to be pulled over by law enforcement for minor infractions such as: speeding, failure to use turning signals, turning into the wrong lane, driving without headlights, and turning into the wrong lane (Dunn, 2009). Black males are seen as the central target due to stereotypes and bias that they are inclined to criminal activities from law enforcement or the criminal system itself.

On July 6, 2016, 32-year old Philando Castile was shot and killed by Officer Jeronimo Yanez during a 62-second encounter. Philando Castile was pulled over by Yanez due to an issue with his brake light (Park, 2017). Another cop, Officer Joseph Kauser, arrived soon after for back up and approached the passenger’s side of the car (Park, 2017). Yanez asked for Castile’s driver’s license and proof of insurance. Castile gave Yanez his insurance card and he proceeded to tuck it in his uniform pocket. Castile then told Yanez that he had a permitted firearm in his possession. Yanez interrupted him whilst speaking, said, “Okay” and placed his hand on the holster of his gun (Park, 2017). Yanez then told Castile not to reach for it, but Castile stated that he was not reaching for his gun. Castile’s girlfriend, Diamond Reynolds, repeated that he was not reach for his weapon. Yanez screamed not to pull out the gun, fired his weapon 7 times, striking Castile 5 times (Park,2017). Not only was Castile’s girlfriend in the car, but her 4-year old daughter as well.

Previously to this incident, in 2011, Yanez had a law enforcement encounter with Castile for a defective brake light. After a record check was done, Castile was arrested and booked for driving with a revoked license. Since 2002, Philando Castile was pulled over 49 times which is far more than any average person in their lifetime (Park, 2017). Yanez was charged with second-degree manslaughter and 2 counts of dangerous discharge of a firearm. After a 2-week trial and 5 days of deliberation, Yanez was found not guilty, given a separation agreement from the police department, and $48,500. The department will also pay him for up to 600 hours of personal leave pay (Park, 2017). The real reason for Yanez pulling Castile over was not only for a brake light, but because looked like a suspect from an armed robbery (Park, 2017).

This unfair treatment toward black people continues to erupt in America’s society. Robin Engel and Jennifer Calnon researched the disparate treatment of driving related interactions with the law and found that there are a substantial amount of disparities between black and white men (Crutchfield, Fernandez, & Martinez, 2010). Black men are at an increased risk for traffic violations, car searches, arrests, and the use of force by police officers in comparison to white men (Crutchfield et al., 2010). There is a 47 percent increase for a black man receiving a traffic violation compared to a white man (Crutchfield et al., 2010). Black men are at a 50 percent increase to have their cars searched when compared to a white man. Studies have also showed that white drivers who are pulled over are more likely to have illegal substances in their possession than black men (Crutchfield et al., 2010). These findings are important because traffic stops are a gateway into the system, especially if/when disparities are present. This sets the stage for compounding effects as the individual continues through the justice system.

Black males are often placed in stereotypes due to the color of their skin. Research on the influence of dark skin tones shows that negative stereotypes are a cause of the downfall of black males in the criminal justice system (Rehavi & Starr, 2014). This causes black males to be punished more severely than white males. In a research of more than 67,000 felons incarcerated in Georgia for their first offense from 1995-2002, black men were sentenced 378 days longer than white men. Black faces were thought to look more criminal than white faces (Rehavi & Starr, 2014).

Conservative, Protestant, white Americans tend to support harsh punishment, including the death penalty. Black Americans support harsh punishment, but at a lower rate. Misrepresentation in the criminal justice system causes Black people to believe that the system is biased. The most complete research of capital punishment shows that there was a 30-point racial gap in support in 2004 (whites were 72.5 percent and blacks were 41.7 percent) (Crutchfield et al., 2010). That gap had not changed since 1974 (whites were at 69.8 percent while blacks were 39.9 percent) and held steady in between (Crutchfield et al., 2010). The question is what explains the gap. The strongest predictor of whites’ support for capital punishment in our time is racial resentment: “Taken together, the extant studies reach remarkably consistent results: negative views toward African Americans—what scholars in this area have called ‘racism’ or ‘racial animus’—predict a range of political attitudes, including greater support for capital punishment.” (Crutchfield et al., 2010).

Harvard sociologist, Lawrence Bobo, created two representative national surveys on race, crime, and public opinion. The 2001 Race, Crime, and Public Opinion Study included 1,010 black respondents and 978 white respondents (Tonry, 2010). Only 38 percent of whites said they believed that the criminal justice system is biased against blacks, while 89 percent of blacks said the opposite. Only 8 percent of blacks said that the justice system treats all races fairly, while 56 percent of whites said that it did (Tonry, 2010). Seventy-eight percent of whites expressed confidence that judges treat blacks and whites equally, compared to only 28 percent of black people (Tonry, 2010). Concerning police, the gap was even bigger: 68 percent of whites expressed confidence in the police and only 18 percent of blacks expressed confidence (Tonry, 2010). This clearly shows a need for efficiency in the criminal justice system.

Celesta Albonetti evaluated the state of disparate criminal justice treatment after the sentencing reforms to determine if non-legal factors continued to be a significant factor in deciding the length of imprisonment for federal drug trafficking case (Rehavi & Starr, 2014)s. She found that extra-legal factors including: gender, race and ethnicity, citizenship status, and education have significantly directly effects on sentence outcomes even when controlling for guideline-defined, legally relevant variables (Rehavi & Starr, 2014). The probability of incarceration and the length of the sentence were still majorly influenced by the type of drug offense. Although the type of offense was a factor, race and ethnicity appeared to condition the effect of guideline-mandated factors as well (Rehavi & Starr, 2014). Albonetti's work features a moderate level of disparity with the significant protections of sentencing reforms that were designed to limit the discretion of individual judges and deter the use of extra-legal factors in deciding punishments (Rehavi & Starr, 2014).

The disparity in incarceration can be measured in terms of absolute and relative (King, Johnson, & McGeever, 2010). The absolute disparity is measured by the difference between black and white incarceration rates, while the relative disparity is measured by the black-to-white ratio in incarceration rates (King et al., 2010). Research on absolute and relative disparities in rates of prison admission and imprisonment was done from 1970 to 2010 to show the trends between black and white males in America (King et al., 2010). In 1972, there was a large increase of imprisonment of black men, but not white. In 2010, the imprisonment rate for black males were 4.6 times higher than white males (King et al., 2010).

According to the United States Sentencing Commission, black men who commit the same crime as white men receive sentences that are about 20 percent longer. These disparities in black and white sentencing have been increasing steadily during the years, especially after the United States vs. Booker case in 2005, which loosened the mandatory United States Sentencing Guidelines on racial disparities in crime cases (Starr & Rehavi, 2013). This gave judges more discretion on sentencing by making it easier to charge with more harsh or lenient sentences. This suggests that giving judges more discretion, allows for more racial bias to be present. A study done at the University of Michigan Law School in 2013 found that black male offender were 75 percent more likely to face a charge with a minimum sentence than a while male who committed the same crime (Starr & Rehavi, 2013). It was also found that, if the federal level eliminated sentencing disparity, the number of black males in federal prisons would drop down by 9 percent (Starr & Rehavi, 2013). This would save taxpayers at least $230 million every year (Starr & Rehavi, 2013).

These disparities between black and white males in the criminal justice system show that little has changed over the years. Black men will continue to get left behind as long as the system allows it. Systematic racism is alive and well in today’s society in the United States. The only way for change in disparity is awareness and people who are willing to step forward and represent for the underrepresented black community.