Disparities In Incarceration Research Articles

Mental health attitudes, norms, beliefs, and experiences with care among young Black men: A theory of planned behavior assessment.

Young Black/African American men (YBM) are at greater risk for trauma and related mental health concerns compared to young non-Hispanic White men but are less likely to receive mental health care when needed. The current study used a Theory of Planned Behavior (TPB)-guided framework to qualitatively explore beliefs, norms, and intentions related to seeking mental health screening and linkage to care (LTC) among YBM exposed to trauma. Participants (N = 55, Mage = 23 years) were YBM aged 18-30 recruited from urban community settings in Kansas City, MO, between October 2018 and April 2019 for participation in focus groups. Participants discussed lived experiences with trauma and mental health care, plus salient behavioral beliefs-both positive and negative. Key normative referents were significant others and family members, and participants endorsed greater motivation to seek care with their support. Control beliefs ranged from individual and interpersonal facilitators and barriers to more systemic factors (e.g., availability of providers, cost, lack of access, disparities in incarceration). Tailored interventions are needed to promote engagement in mental health services among YBM, with strategies that recognize cultural contexts and ongoing needs for general well-being. Recommendations for providers and systems are discussed. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Equity considerations in mental health diversion in California

Mental health diversion under California Assembly Bill (AB) 1810 created a pretrial pathway for individuals to enroll in community-based treatment as an alternative to incarceration if they have a mental illness that played a significant role in the crime for which they were charged. Mental health diversion may be a promising approach to addressing racial disparities in incarceration. This qualitative, community-partnered study examines how racial equity was considered in the design and implementation of mental health diversion under AB 1810 in nine counties across California. We explored five main themes: involvement of community stakeholders; cultural competence of providers; availability of diversion across counties; efforts to monitor demographics; and diversion as an opportunity to address racial disparities in the criminal legal system. We found that, although many legal professionals are optimistic about the capacity of mental health diversion to address racial disparities in incarceration, there have been limited efforts to monitor the demographics of diversion participants, differing understandings of cultural competency, limited community involvement in the design of mental health diversion, and limitations to the availability of services for individuals enrolled in diversion programs.

The Association between State-Level Structural Racism and Alcohol and Tobacco Use Behaviors among a National Probability Sample of Black Americans.

Structural racism is how society maintains and promotes racial hierarchy and discrimination through established and interconnected systems. Structural racism is theorized to promote alcohol and tobacco use, which are risk factors for adverse health and cancer-health outcomes. The current study assesses the association between measures of state-level structural racism and alcohol and tobacco use among a national sample of 1,946 Black Americans. An existing composite index of state-level structural racism including five dimensions (subscales; i.e., residential segregation and employment, economic, incarceration, and educational inequities) was merged with individual-level data from a national sample dataset. Hierarchical linear and logistic regression models, accounting for participant clustering at the state level, assessed associations between structural racism and frequency of alcohol use, frequency of binge drinking, smoking status, and smoking frequency. Two models were estimated for each behavioral outcome, one using the composite structural racism index and one modeling dimensions of structural racism in lieu of the composite measure, each controlling for individual-level covariates. Results indicated positive associations between the incarceration dimension of the structural racism index and binge drinking frequency, smoking status, and smoking frequency. An inverse association was detected between the education dimension and smoking status. Results suggest that state-level structural racism expressed in incarceration disparities, is positively associated with alcohol and tobacco use among Black Americans. Addressing structural racism, particularly in incarceration practices, through multilevel policy and intervention may help to reduce population-wide alcohol and tobacco use behaviors and improve the health outcomes of Black populations.

Segregation and Group Threat: Specifying Hispanic-White Punishment Disparity

Abstract Evidence of racial disparity in punishment has been pervasive in the U.S. criminal justice system. Furthermore, a growing body of literature suggests that racial and ethnic disparities in criminal punishment, typically motivated by group threat perspectives, vary in relation to social and contextual conditions of court jurisdictions. One important factor relevant to minority threat and intergroup contact is segregation, yet research on social contexts and criminal sentencing has largely ignored this feature of local social structure. However, segregation might condition the effects of minority population size on dominant group threat responses in social control. Focusing on Hispanic-White segregation, we assess competing hypotheses regarding segregation’s role in conditioning Hispanic-White punishment disadvantage. Pennsylvania, which has recently undergone significant population change related to these processes, presents a unique and valuable context for study. Analyses of statewide sentencing data from 2013–2017 along with Census and American Community Survey data, reveal that Hispanic-White residential segregation seems to foster greater Hispanic punishment disadvantage. Moreover, segregation specifies the association between local Hispanic population size and Hispanic-White incarceration disparity. In counties with both greater than average Hispanic population share and greater segregation, Hispanic defendants faced even greater incarceration disparities.

A Test of the Association Between Racial Economic Threat and Racial Disparities in Jail Incarceration Across Counties in the United States

According to Blalock’s racial threat theory, “threat” posed by minority populations to majority populations leads to racial disparities in formal social control, such as incarceration. Economic threat occurs when the Black population has the economic resources to compete with the White population for jobs, wages, and housing. The majority reacts by increasing formal social control against minorities. Blalock further predicted that the relationship between economic threat and social control would be curvilinear, with a decreasing effect as economic threat increased, and that it would be moderated by the size of the Black population, being strongest when the Black population was small. This study tests Blalock’s predictions using a sample of 2,092 United States counties. Results indicate that the relationship between economic threat and disparity in jail rates is curvilinear and is moderated by the percent of the population that is Black, but not in a manner predicted by Blalock. Economic threat is negatively related to incarceration disparities, particularly in counties with larger Black populations. This negative relationship becomes stronger as economic threat increases. Disparities are diminished where Blacks are demographically and economically more powerful.

Availability of Accessible Representative Health Data to Examine Sexual and Gender Minority Disparities in Incarceration and Its Health Implications in the United States, 2010-2020.

Purpose: To facilitate identification of the impact of incarceration on the health of sexual and gender minority (SGM) populations, we sought to identify publicly accessible, representative health datasets that assessed SGM status and incarceration history from 2010 to 2020 and to examine SGM disparities in lifetime incarceration experiences. Methods: Datasets were identified and analyzed through a multistep process: (1) content search of 76 health datasets; (2) consultation with 14 subject matter experts; (3) a systematic review; and (4) a data analysis stage. Utilizing the identified health datasets, we produced representative estimates of sexual minority (SM) incarceration disparities. Results: Five publicly accessible databases were identified that assessed SM status and incarceration history; none assessed gender minority status and incarceration history. Across datasets, the weighted prevalence of lifetime incarceration among SM populations was substantially higher (range = 17.5%-26.3%) than among non-SM populations (range = 4.6%-21.2%). Conclusion: Few publicly accessible, representative health datasets collect standardized information regarding SM status and incarceration history, and none assess diverse gender identities and incarceration history. These data suggest that a disproportionate proportion of SM individuals may experience incarceration compared with non-SM individuals. Research assessing the health effects of incarceration on SGM populations remains limited; publicly accessible, representative health data are needed to address this gap.

Race, Neighborhoods, and Sentencing: How Social Conditions and Neighborhood Types Affect Incarceration Disparities

Crime rates and criminal justice responses to them are unevenly distributed across communities in the United States. When court officials review a new case, they consider whether the alleged offender and incident fit the “normal” profile of a case from a community. Neighborhoods and their conditions, such as economic disadvantage, crime rate, and racial/ethnic composition, may have understudied impacts on disparities in incarceration sentencing. This study evaluates whether the conditions in areas where defendants live and where they offend affect racial differences in incarceration sentences. Doing so allows us to estimate whether sentencing disparities are differentially affected by neighborhood type. Relying on the Gelbach decomposition method to estimate the size and sources of Black–White disparities in incarceration sentencing decisions, the study reveals that economic disadvantage in a defendant’s neighborhood of residence increases the likelihood of incarceration and lengthens sentences for Blacks. Conversely, economic affluence in neighborhoods of criminal incident reduces racial differences in sentencing by producing harsher sanctions for Whites. Findings highlight the importance of incorporating neighborhood contexts into assessments of sentencing disparities.

The “Wear and Tear” of African Americans in Louisiana with HIV/AIDs: More Than HIV.

Abstract This article examines the results of a 2010 sample of HIV+ African Americans in Louisiana within the larger context of health, educational, economic and incarceration disparities in the state. Similarities and differences between the sample and the general population of African Americans in the state were noted with the numbers incarcerated in the sample being the most dramatic difference. Over half of the sample had been incarcerated in a state recognized for its penchant for using the police and incarceration to control African Americans. The article concluded with attempts to connect the dots between vulnerability to HIV due to childhood trauma, a weathering from racism from an early age, educational deprivation, and policy choices such as abstinence-only sex education that raise the risks for young African Americans in Louisiana.

Sentencing scorecards: Reducing racial disparities in prison sentences at their source

Research SummaryScorecards have become an increasingly common tool for public policy decision making about important issues in education, finance, and health care. Few scorecards have been applied in criminal justice and none has been developed to highlight racial disparities in incarceration. We constructed county‐level scorecards for racial disparities in incarceration rates for the New York State Permanent Commission on Sentencing. Using detailed data on felony cases in New York State between 2000 and 2014, including the specific penal law criminal offense, features of the underlying charges, and criminal history, we assembled a set of White defendants within each county that collectively resembled Black and Hispanic defendants in that county. Statewide, Black defendants were more likely to receive prison sentences than similar White defendants (43% vs. 40%). Some individual counties had much greater racial disparities with relative risks of prison as high as 1.36. We found similar results for Hispanic defendants.Policy ImplicationsEarly institutional support for our scorecard receded once racial disparities were flagged in specific, named counties. The scorecard was never deployed by the Commission. Commission members and the research team met with individual counties but the Commission was disbanded during this process. New York State still lacks a formal sentencing commission. We recommend future scorecard efforts come from legislative or executive mandates, requiring rigorous methods and public presentations.

Were California’s Decarceration Efforts Smart? A Quasi-Experimental Examination of Racial, Ethnic, and Gender Disparities

Over the last decade, California has undertaken one of the largest criminal justice reform efforts in recent U.S. history. However, little is known about the causal impact of these reforms on the overall incarceration rate and disparities in incarceration rates across demographic subgroups. Using a quasi-experimental synthetic control method and data from the Vera Institute of Justice and the U.S. Census Bureau, our results provide strong evidence that California’s reforms have substantially reduced the state’s overall incarceration rate, but that they have resulted in an increase in Latinx-White incarceration disparities. We also find suggestive evidence that the reforms have exacerbated Black-White incarceration disparities and disparities between men and women. Our study is especially relevant at a time when the United States is increasingly interested in reducing the population of people incarcerated and suggests that care must be taken to ensure that reform efforts do not increase incarceration disparities among demographic subgroups.

Impact of risk assessment on judges' fairness in sentencing relatively poor defendants.

Use of risk assessment instruments in the criminal justice system is controversial. Advocates emphasize that risk assessments are more transparent, consistent, and accurate in predicting re-offending than judicial intuition. Skeptics worry that risk assessments will increase socioeconomic disparities in incarceration. Ultimately, judges make decisions-not risk assessments. This study tests whether providing risk assessment information interacts with a defendant's socioeconomic class to influence judges' sentencing decisions. Tentatively, socioeconomic status was expected to have a main effect; without an interaction with risk assessment information. Judges (N = 340) with sentencing experience were randomly assigned to review 1 of 4 case vignettes and sentence the defendant to probation, jail, or prison. Information in the vignettes was held constant, except the defendant's socioeconomic status and whether risk assessment information was provided. Risk assessment information reduced the likelihood of incarceration for relatively affluent defendants, but the same information increased the likelihood of incarceration for relatively poor defendants. This finding held after controlling for the sex, race, political orientation, and jurisdiction of the judge. Cuing judges to focus on risk may re-frame how they process socioeconomic status-a variable with opposite effects on perceptions of blameworthiness for past crime versus perceptions of risk for future crime. Providing risk assessment information may have transformed low socioeconomic status from a circumstance that reduced the likelihood of incarceration (by mitigating perceived blameworthiness) to a factor that increased the likelihood of incarceration (by increasing perceived risk). Under some circumstances, risk assessment information may increase sentencing disparities. (PsycINFO Database Record (c) 2020 APA, all rights reserved).

‘To Stay the Murderer’s Hand and the Rapist’s Passions, and for the Safety and Security of Civil Society’: The Emergence of Racial Disparities in Capital Punishment in Jim Crow New Orleans

Abstract This essay examines capital punishment in New Orleans between 1920 and 1945. Building on a quantitative analysis of case-level data culled from police, court, and prison records, it explores the emergence of racial disparities in death-penalty sentencing and charts the increasing use of capital punishment as a mechanism of racial control. The paper focuses on four surprising and counter-intuitive patterns in the application of the death penalty. First, shifts in the use of capital punishment during this era bore no connection to patterns of violent crime. Second, changes in death-penalty sentencing were only loosely related to overall trends in homicide conviction. Third, and most surprising, Orleans Parish jurors, particularly during the 1920s, sent white killers to the gallows at a higher rate than African American killers. And fourth, the analysis of case-level records reveals dramatic shifts in death-penalty sentencing during the 1930s, particularly the development of a pronounced racial disparity in the application of capital punishment. Prosecutors also exploited the threat of capital charges to secure guilty pleas from African American suspects, and thus changes in death-penalty sentencing contributed to racial disparities in incarceration. In short, this micro-analysis helps to explain when and why the death penalty became a core component of Jim Crow criminal justice.

The “Distance Traveled”: Investigating the Downstream Consequences of Charge Reductions for Disparities in Incarceration

Relatively little work examines the impact that charging decisions exert on sentencing. We investigate this issue by estimating the “distance traveled” in charge bargaining, or the expected change in the likelihood of incarceration associated with reductions in charges across different stages of prosecution. Using data from New York County, we examine how the probability of incarceration shifts as a result of charging decisions and how this potentially contributes to social inequalities in incarceration. Findings indicate that charge reductions are associated with sizeable decreases in the probability of incarceration, particularly at the plea bargaining stage. On average, the “distance traveled” is substantially greater for female than male defendants and for White compared to Latino and Black defendants, even after accounting for a host of relevant punishment factors. Findings are discussed as they relate to contemporary theoretical perspectives on prosecutorial decision-making and social inequality in punishment.

Mandatory minimum sentencing policies and cocaine use in the U.S., 1985\u20132013

BackgroundAs of May 2017, the United States federal government renewed its prioritization for the enforcement of mandatory minimum sentences for illicit drug offenses. While the effect of such policies on racial disparities in incarceration is well-documented, less is known about the extent to which these laws are associated with decreased drug use. This study aims to identify changes in cocaine use associated with mandatory minimum sentencing policies by examining differential sentences for powder and crack cocaine set by the Anti-Drug Abuse Act (ADAA) (100:1) and the Fair Sentencing Act (FSA), which reduced the disparate sentencing to 18:1.MethodsUsing data from National Survey on Drug Use and Health, we examined past-year cocaine use before and after implementation of the ADAA (1985–1990, N = 21,296) and FSA (2009–2013, N = 130,574). We used weighted logistic regressions and Z-tests across models to identify differential change in use between crack and powder cocaine. Prescription drug misuse, or use outside prescribed indication or dose, was modeled as a negative control to identify underlying drug trends not related to sentencing policies.ResultsDespite harsher ADAA penalties for crack compared to powder cocaine, there was no decrease in crack use following implementation of sentencing policies (odds ratio (OR): 0.72, p = 0.13), although both powder cocaine use and misuse of prescription drugs (the negative control) decreased (OR: 0.59, p < 0.01; OR: 0.42, p < 0.01 respectively). Furthermore, there was no change in crack use following the FSA, but powder cocaine use decreased, despite no changes to powder cocaine sentences (OR: 0.81, p = 0.02), suggesting that drug use is driven by factors not associated with sentencing policy.ConclusionsDespite harsher penalties for crack versus powder cocaine, crack use declined less than powder cocaine and even less than drugs not included in sentencing policies. These findings suggest that mandatory minimum sentencing may not be an effective method of deterring cocaine use.

How much would eliminating drug crimes decrease racial/ethnic gaps in criminal conviction?

Since the 1970s, criminal justice contact has become an increasingly common event in early adulthood, and disproportionately so for African American men. Policymakers often argue that reducing drug-related conviction rates is among the easiest ways to reduce racial/ethnic disparities in incarceration. These arguments are often backed by statistics that convey the number of drug offenders in contact with the criminal justice system at a given point in time. Unfortunately, we know little about the extent to which over-time conviction risk and associated racial/ethnic disparities may be affected by drug-related policy changes. Using a novel application of the single decrement life table to analyze data from the National Longitudinal Survey of Youth 1997 (NLSY97), I present a quantitative thought experiment to consider the extent to which the elimination of drug-related offenses would affect racial/ethnic disparities in men's cumulative probability of conviction by age 30. Consistent with prior research, results indicate that black men are at disproportionately higher risk of ever experiencing a drug-related conviction, and of experiencing a drug-related conviction at each conviction instance. More surprising, however, is the finding that while the removal of drug sentencing may significantly impact racial/ethnic disparities associated with conviction, only a relatively small proportion of those ever convicted would avoid conviction altogether in the absence of drug-related sentencing.

Explaining the Gaps in White, Black, and Hispanic Violence since 1990

While group differences in violence have long been a key focus of sociological inquiry, we know comparatively little about the trends in criminal violence for whites, blacks, and Hispanics in recent decades. Combining geocoded death records with multiple data sources to capture the socioeconomic, demographic, and legal context of 131 of the largest metropolitan areas in the United States, this article examines the trends in racial/ethnic inequality in homicide rates since 1990. In addition to exploring long-established explanations (e.g., disadvantage), we also investigate how three of the most significant societal changes over the past 20 years, namely, rapid immigration, mass incarceration, and rising wealth inequality affect racial/ethnic homicide gaps. Across all three comparisons—white-black, white-Hispanic, and black-Hispanic—we find considerable convergence in homicide rates over the past two decades. Consistent with expectations, structural disadvantage is one of the strongest predictors of levels and changes in racial/ethnic violence disparities. In contrast to predictions based on strain theory, racial/ethnic wealth inequality has not increased disparities in homicide. Immigration, on the other hand, appears to be associated with declining white-black homicide differences. Consistent with an incapacitation/deterrence perspective, greater racial/ethnic incarceration disparities are associated with smaller racial/ethnic gaps in homicide.

Does Mandatory Diversion to Drug Treatment Eliminate Racial Disparities in the Incarceration of Drug Offenders? An Examination of California’s Proposition 36

This paper addresses previous shortcomings in the literature on racial disparities in incarceration for drug offenders by taking advantage of a change in sentencing policy in California and a rich administrative dataset that is able to create a sample of comparable White and Black offenders. We use a nonparametric propensity weighting approach to identify similarly situated White and Black male offenders charged with drug-related offenses. We combine this approach with a difference-in-differences model to estimate the effect that a change in California sentencing law for convicted non-violent drug offenders had on racial disparities in prison and drug treatment dispositions. We find substantial reductions in the probability of a prison sentence after the policy change, but not differentially for Blacks. Blacks remain more likely to go to prison than similarly situated Whites after the policy, although the policy does lead to more referrals to treatment for Blacks. This paper shows that even after comparing Blacks and Whites in similarly situated contexts that racial disparities in prison commitments remain after sentencing law changes that mandate diversion to drug treatment. The results suggests that addressing racial gaps in the commitments to state prisons will likely require more than shifting the eligibility of drug convictions for prison, as accumulated criminal histories are the primary driver of prison sentences. This means that expanding diversion options from prison alone will not reduce the racial gap in commitments to prison for drug offenses more than incrementally.

Toward a Demographic Understanding of Incarceration Disparities: Race, Ethnicity, and Age Structure.

Objectives Non-Hispanic blacks and Hispanics in the United States are more likely to be incarcerated than non-Hispanic whites. The risk of incarceration also varies with age, and there are striking differences in age distributions across racial/ethnic groups. Guided by these trends, the present study examines the extent to which differences in age structure account for incarceration disparities across racial and ethnic groups.MethodsWe apply two techniques commonly employed in the field of demography, age-standardization and decomposition, to data provided by the Bureau of Justice Statistics and the 2010 decennial census to assess the contribution of age structure to racial and ethnic disparities in incarceration.FindingsThe non-Hispanic black and Hispanic incarceration rates in 2010 would have been 13–20 % lower if these groups had age structures identical to that of the non-Hispanic white population. Moreover, age structure accounts for 20 % of the Hispanic/white disparity and 8 % of the black/white disparity.ConclusionThe comparison of crude incarceration rates across racial/ethnic groups may not be ideal because these groups boast strikingly different age structures. Since the risk of imprisonment is tied to age, criminologists should consider adjusting for age structure when comparing rates of incarceration across groups.

Mass Imprisonment and Trust in the Law

This article examines the relationship between two facets of mass imprisonment—its novel comparative and historical scale and its pervasiveness in the lives of African Americans—and surveys respondents’ beliefs about the harshness of the courts, and bias in the courts or among police. Analyses of national survey data show that as states’ incarceration rates increased, so too did the probability that residents believed that courts were too harsh. However, while white Americans’ opinions about the courts were sensitive to changes in the white incarceration rate, African Americans’ opinions were not sensitive to changes in the African American incarceration rate. African American respondents who had been to prison or who had a close friend or family member who had been to prison were more likely to attribute racial disparities in incarceration to police bias and bias in the courts. The article concludes with a discussion of the possible consequences of declining trust in the law for the future of American punishment.

Resisting Post-Oppression Narratives

Resisting Post-Oppression Narratives