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9
CRIME AND THE
ADMINISTRATION OF CRIMINAL JUSTICE
451
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James Lesesne Wells
Ethers at the Bar of Justice (1928)
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OCR for page 453
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crime and punishment cannot be
properly analyzed apart from the larger social, political, and economic con-
texts from which they emerge. Black crime and the position of blacks within
the nation's system of criminal justice administration are related to past and
present social opportunities and disadvantages and can be best understood
through consideration of blacks' overall social status. Thus, although this
chapter focuses on post-1940 developments, the review considers a broader
historical record.
The chapter assesses crime and the criminal justice system in terms of three
major topics: blacks as defendants and offenders, blacks as victims, and blacks
as criminal justice personnel. The investigation begins with a historical sketch
of the status of blacks within the criminal justice system. Next, we describe
trends in black and white arrest and imprisonment rates over the past few
decades and the status of black and white victims of crime. The treatment of
blacks arrested and processed through the criminal justice system is then
compared with the treatment accorded to whites. Finally, we consider the
presence and impact of blacks as personnel in the agencies and institutions
~ , . . . .
Ot tile comma justice system.
CRIME AND PUNISHMENT
Much of the discussion examines the treatment of blacks arrested and
processed for violations of the law. Great inequalities in the treatment of
blacks and whites in the legal system have been present throughout most of
453
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A COMMON DESTINY: BLACKS AND AMERICAN SOCIETY
the nation's history (Bell, 1980; Higg;inbotham, 1978; Mangum, 1940).
Our discussion of such inequalities focuses primarily on the past four de-
cades. Changes during this period indicate that previous levels of differential
treatment are no longer prevalent. The post-1965 "due process and equal
rights revolution" within the criminal justice system and related civil rights
reforms have led to substantial scrutiny of alleged racial inequalities in the
administration of justice.
During the past 25 years there has been an increase in the presence of
blacks as criminal justice personnel. This increased presence has a number of
important ramifications. The simplest is its indication of the extent to which
previous practices that excluded blacks have been altered. Since this change
has implications beyond equal employment opportunity, we report on the
relation between the increased presence of black personnel and the treatment
of blacks as victims, suspects, and defendants.
SCOPE AND LIMITATIONS OF THE REVIEW
It is important to note what is left out of this review. Nothing is said here
concerning civil actions in the legal system. In most instances, the racial and
social class inequalities found in the administration of criminal justice have
also been evident in "the civil side of the court" (Carlin, 1966~. Like crime,
many of the behaviors regulated by such civil proceedings pose significant
threats to individual lives and security as well as to the public welfare.
Our analysis depends on the availability of reliable data sources, and we
focus on a rather limited range of criminal law violations. Much of the
statistical analysis uses the crime index of the Federal Bureau of Investigation
(FBI), which includes homicide, rape, assault, robbery, larceny, burglary,
and automobile theft. The persons who are arrested for these crimes come
disproportionately from lower socioeconomic backgrounds. An exclusive
focus on these so-called "street crimes" may divert attention from the large
volume of crimes that is disproportionately committed by whites and mem-
bers of the middle and upper classes, for example, corporate crime, tax
evasion, fraudulent financial dealings, and similar offenses (see I. Farley,
1988:271-273).
Because index crimes are salient objects of popular fears and are relatively
easy to detect, they attract much public attention-a situation that histori-
cally has encouraged attributions of criminality to ethnic and racial minori-
ties. Such observations are not meant to underemphasize the racial dispro-
portions in arrests of persons for index offenses. Rather, we note that equal
attention to white-collar crimes and corporate crime might produce a consid-
erably different image of the "typical" criminal offender.
Our analysis is further affected by the nature of the available empirical
investigations. Very few studies of either crime or the administration of
justice are longitudinal. In some studies, there are methodological flaws,
many of which are noted in our assessment. In addition, few studies consider
more than one or two of the decision points of the criminal justice system.
454
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CRIME AND THE ADMINISTRATION OF CRIMINAL JUSTICE
For example, analysts who study arrest decisions often do not examine the
behavior of judges and juries. These limitations also emphasize the need for
caution in assuming causal links between race and criminal behavior (see
Pope, 1979; WolEgang and Cohen, 1970~. They also make it difficult to
provide definitive answers to the question of the extent of racial bias in the
. . . . .. .
aammlstratlon ot Justly.
This chapter also does not consider or review certain theoretical issues such
as the literature on the correlates and presumed "causes" of criminal behav-
ior (except for a brief discussion of the role of alcohol, drugs, and guns in
criminal acts). Nevertheless, we emphasize that a majority of the empirical
investigations on which we rely acknowledge a linkage between the etiology
of crime among blacks, their treatment in the criminal justice system, and
their low socioeconomic status.
A HISTORICAL PERSPECTIVE
During all periods for which systematic data are available, blacks have been
overrepresented both as victims and offenders. Before 1940, there is substan-
tial evidence that blacks were disproportionately singled out for arrest and
punishment. Although such practices have abated over time, the effects of
past disproportions extend into the present, influencing both the etiology of
crime and negative reactions among blacks toward the criminal justice sys-
tem. There are also instances of racial bias in the administration of criminal
justice even today.
Relatively little is known about black or white crime rates or the compara-
tive treatment of black and white offenders prior to the Civil War (Franklin,
1980:138~. Although similarities between slavery and modern criminal jus-
tice practices have been noted (Blassingame, 1977; Sellin, 1976), the relative
statuses of blacks and whites within the nation's criminal justice system are
generally products of the late nineteenth and early twentieth centuries. The
modern criminal justice system, especially the elaborate penal system, did
not begin to develop in the United States until the early decades of the
nineteenth century.
During the decades between the end of Reconstruction and 1940, scholarly
discourse centered on three observations: (1) the disproportionate represen-
tation of blacks within the nation's prisons and jails, especially in the South;
(2) the frequent lynching of blacks by white mobs; and (3) the brutal
treatment of black prisoners, most often within the chain-gang system.
Although arrest statistics are not readily available for this period, imprison-
ment data show that in most southern states blacks comprised from 70 to
95 percent of the imprisoned populations (Adamson, 1983:561,565) . For
example, in Georgia in 1878, 1,122 of the 1,239 convicts (90.6 percent)
were black (Adamson, 1983:565; Green, 1969:282~. Similar ratios were
found in South Carolina (Zimmerman, 1947:62) and in North Carolina
(Hawkins, 1985: 191~.
Not only were high rates of imprisonment the rule, but methods of
455
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A COMMON DESTINY: BLACKS AND AMERICAN SOCIETY
punishment within the penal system also varied by race. In the South, chain-
gang labor was used primarily as a punishment for black convicts (Hawkins,
1985; Wharton, 1965:235,240~. It was also a source of cheap black labor
for private employers (Daniel, 1972; laynes, 1986:270-271, 306-307~. The
mortality rate for all prisoners was high during this period, but it was
exceptionally high for black inmates, who were more likely than whites to
be exposed to adverse weather conditions and to be beaten and abused by
guards (Zimmerman, 1947~. High rates of imprisonment of blacks relative
to whites were not confined to the South; they were found in all other
major regions and have continued to the present (Christianson, 1981, 1982;
Dunbaugh, 1979; Hawkins, 1985~.
These and similar data have evoked a persistent question: How much of
the gap between black and white rates of reported crime and levels of
punishment for crime has been the result of white racial discrimination?
Against the background of a long history of lynchings and many publicized
instances of miscarriages of justice, many scholars came to question the
accuracy of reported levels of black crime. one presence or overt alas In
arrests, trials, and sentencing was acknowledged by leading criminologists
(e.g., Sellin, 1935) . Nevertheless, by the time of the Myrdal study (1944), a
scholarly consensus held that allowing for the effects of discrimination, the
rate of criminal activity among blacks was considerably higher than that
found among whites. This view was shared by both black and white analysts
(see DuBois, 1904; Johnson, 1941; Sellin, 1928~.
~' r . 1
_
CRIMINAL OFFENDERS AND VICTIMS
TRENDS IN SERIOUS CRIMES AND IMPRISONMENT
Much crime goes unreported by victims and is otherwise undetected.
Furthermore, even when crime is detected and brought to the attention of
the police a large number of cases are never "cleared" (solved). The clearance
rate for some offenses (e.g., burglary, minor assaults, and auto theft) is
frequently 30 percent or less (Reid, 1979:63)-which means 70 percent or
more of known offenses are never cleared by an arrest. Obviously, for unre-
ported crimes and for the vast majority of known offenses that are not
cleared, there is no arrest and thus little is known about the social character-
istics of the offender. Consequently, to the extent that race or racial bias
may be factors in the detection or clearance of crime, official arrest statistics
may distort the level of race differences in actual criminal activity.
The use of surveys of crime victims is one method that helps to overcome
some of the limitations of official arrest statistics. Comparisons of official
black-white arrest rates for specific crimes with victims' reports of the race of
their assailants do indicate that discrepancies exist. For example, in 1986, 47
percent of rape arresters were black, but only 35 percent of surveyed victims
said their attackers were black. However, blacks accounted for 62 percent of
456
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CRIME AND THE ADMINISTRATION OF CRIMINAL JUSTICE
robbery arrests, and 63 percent of surveyed robbery victims identified their
assailants as black. It is not known whether the discrepancies that exist are
due to biases in survey samples or in arrest statistics, to differential reports of
crime to police, or to biases that make blacks more prone to arrest than
whites.
Beginning in 1930, the federal government began to publish the Uniform
Crime Reports (UCR), the first annual, nationwide compilation of arrest data.
These annual reports have become the cornerstone of research on crime and
criminal justice.) The UCR has provided data on the race of arresters since
1933. Between 1933 and 1940, data from the UCR were used to appraise
many widely held presumptions about race, ethnicity, and criminal behavior.
In the North, the rate of crime among recent white immigrants was thought
to be and sometimes was reported (for local areas) to be substantially higher
than that of native whites (see Ferdinand, 1967; Powell, 1966; Warner,
1934; Willbach, 1938, 1940-1941~. Thus, it is not surprising that the initial
editions of the UCR contained comparisons among foreign-born whites,
blacks, and native-born whites. The data show a steady increase in the rate
of crime for all three groups during this period (Myers and Sabol, 1987~. A
part of the increase (and of fluctuations) is attributable to changes in the
FBI's data-gathering techniques. But the Great Depression era was character-
ized by both an actual increase in reported crime and the use of more
extensive social control measures. And the relative synchronization in the
rates of arrests for blacks and whites suggests that the causal forces that
underlie the statistics are very similar for both groups.
For this period, the data fail to support the commonly held belief that
foreign-born whites were much more likely than native whites to be charged
with criminal conduct. Although there were some individual offenses for
which foreign-born whites had higher rates at the beginning of the period
(homicide, assault, stolen property, weapons possession, and gambling), by
1940, the arrest rates for these offenses for native whites were higher than
those of foreign-born whites. However, the data do show higher rates of
arrests among blacks than among whites. By 1940, the total rate of arrests
for blacks was more than 10 per 1,000 higher than the rate for whites (17
and 6 per 1,000, respectively). Figure 9-1 shows the trends for total arrest
rates to 1985 for blacks and whites. Because of changes in recorc~eeping
practices during the period, caution should be exercised in comparing pre-
1952 and post-1952 rates.
The contrast between black and white arrest rates in these data is striking.
There is a strong positive upward movement in both the black and white
trends, but whether one looks at the pre- or post-1952 trends, the results
are similar: black arrest rates are higher than white rates, and the gap between
the two has been widening. In 1978, the arrest rate per 1,000 whites was
1. Recent surveys of criminal victimization indicate that the UCR underestimates the amount
of criminal activity in the United States. Although such criticism continues, the UCR remains
the most important official source of data on criminal activity in the United States.
457
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A COMMON DESTINY: BLACKS AND AMERICAN SOCIETY
FIGURE 9-1 Total arrest rates, by race, 1933-1985.
110
100
of
o
o
O 60
50
G
90
80
70
40
o: 30
6
20
10
o
1933 1938 1943 1948 1953 1958
YEAR
Source: Myers and Sabol (1987).
1963 1968 1973
-
-t~T~ l.~ll ~ Tt TY ~ ~ ~ ~ ~ I I I I
~1
Black /
,,,,
~-
White ''~` J/
_-
_, `,
1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1
my
,,~
-
1978 1983
around 35 while the black rate was almost 100; thus, the white rate in 1978
was comparable to that for blacks during the late 1950s and early 1960s.
Trends in arrests for the major index crimes of homicide, rape, robbery,
assault, burglary, larceny, and auto theft do not give a comprehensive picture
of all black and white crime, but they reveal much about the changing levels
of racial differences. As an example, consider the patterns for homicide
shown in Figure 9-2.
Homicide arrest rates for whites have been relatively stable for much of the
entire 1933-1985 period. Black homicide rates, while significantly higher
than those for whites, have fluctuated widely from year to year, particularly
in recent years (see Brearley, 1932; Farley, 1980; O'Carroll and Mercy, 1986;
Shin et al., 1977~. Moreover, black arrests for murder (and nonnegligent
manslaughter) have oscillated around two plateaus. One plateau spanned the
period from 1933 to 1952 and the second is seen in the 1970s and 1980s.
.
Rape, robbery, and assault arrest rates also rose sharply for blacks after 1952
(Myers and Sabol, 1987~. Moreover, for most of the period from 1953 until
around 1978, the racial gap in arrest rates for these offenses grew. There was
also a widening of the racial gap in arrests for burglary, larceny, and auto
theft. These economic crimes showed substantial increases for both blacks
and whites.
During the last decade of this 50-year period, there is evidence that for
458
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CRIME AND THE ADMINISTRATION OF CRIMINAL JUSTICE
FIGURE 9-2 Homicide arrest rates, by race, 1933-1985.
0.40
o
~ 0.35
ILL
O 0.30
lo
lo
0.25
0.20
IL
~ 0.15
a:
LLl
~ 0.10
o
0.05
o
] ~
it,
_J
Be
I,,, I I I I I I I I,, i,,, >,rrrrrn,wr~ I I,,, I,, I, I I I I I I
1933 1938 1943 1948 1953 1958 1963 1968 1973 1978 1983
YEAR
Source: Myers and Sabol (1987).
some offenses the black-white gap may have peaked and is now constant or
narrowing somewhat. This observation applies to homicide, forcible rape,
larceny, and robbery. Also, the motor vehicle arrest rate differential has
narrowed continuously since the 1970s, and the black-white difference for
burglary arrests has decreased since 1975. These changes suggest the possibil-
ity that the long-term trend of a widening gap between arrests of blacks and
whites for serious (index) offenses may be ending (Hawkins, 1987; Myers
and Sabol, 1987).
These data suggest several major periods of nonlinear change in the rate of
arrests for serious crime among blacks. One period was 1933-1951, which
coincided with great upheavals in American social and economic conditions:
high unemployment in the Great Depression, unprecedented mobilization
of the nation in World War II, and then postwar instability as the economy
shifted from military production to the manufacture of consumer goods.
There was also a continuation of the migration of blacks to urban centers
outside of the South.
The second major change occurred during the 1950s. This was a period of
rapid black urbanization. Changes in crime data for this period, however,
are suspect because of changes in the method of recording arrests. It is
difficult to determine whether the downward trend in arrests for both blacks
and whites observed during the years immediately after 1951 represents a
change in actual criminal behavior or is an artifact of recordkeeping. From
459
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A COMMON DESTINY: BLACKS AND AMERICAN SOCIETY
about 1968 through the late 1970s, there was increased professionalization
of police forces and greater expenditures for law enforcement, largely as a
result of federal support of such efforts through the Law Enforcement Assis-
tance Administration (LEAA). One result was a dramatic increase in the rates
of incarceration for all races, particularly after 1970.
There were notable changes in the distribution of black arrests during the
five decades between 1933 and 1985. For 1933-1951 and 1968-1985, index
crimes accounted for a significant fraction (about one-third) of all black
arrests; during the 1950s and early 1960s those crimes accounted for only
about 15 percent of total criminal activity. There appears to be a recent shift
from the violent crimes of murder, rape, and assault toward economic crimes
of robbery, burglary, larceny, and auto theft, also placing the most recent
period in line with the earliest one. Between 1933 and 1951, arrests for
those economic crimes accounted for 25 percent of total black arrests, and
from 1968 until 1985, they accounted for 23 percent of all black arrests; for
1952-1967, they accounted for less than 12 percent of all black arrests. For
whites, the index crimes accounted for 28 percent of all arrests for 1933-
1951, for 11 percent for 1952-1967, and for 19 percent for 1968-1985
(Myers and Sabol, 1987~. The distribution of arrests among blacks in the
post-1968 period is almost exactly the same as the pre-1950s arrest distribu-
tion among whites, with more than 70 percent of arrests for nonindex
crimes. Nonindex crimes continue to represent a far greater proportion of
white arrests than of black arrests.
Arrest rates among males of specific ages show some important aspects of
the arrest data. For many of the criminal activities discussed (e.g., robbery,
burglary, aggravated assault), the average period of individual participation
in criminal activity begins during adolescence and lasts only 5-10 years.
Indeed, for robbery and burglary, arrest rates peak at about age 17 and then
decrease rapidly, falling to one-half the peak rate for people in their mid-20s
and to one-quarter for people in their late 30s (Blumstein et al., 1986~.
These data imply that overall trends in arrest rates for index crimes are
importantly influenced by birth rates and the black-white differences in arrest
rates are affected by black-white differences in the age distribution of the
respective populations. Thus, the upward trend in arrest rates during the
1960s and 1970s is explained in part by the fact that the baby boom cohorts
born in the late 1940s through the 1950s were reaching adolescence during
those decades. The decline in fertility rates after 1960 is consistent also with
the fall in arrest rates during the early 1980s. In addition, since the black
population is younger than the white population, part of the higher arrest
rate among males is due to the fact that there is a higher proportion of males
aged 15-25 in the black population than there is in the white population.
National data reporting incarceration rates in prisons and jails and disaggre-
gated by race were not systematically collected for much of the period
covered by our study. Available sources also differ in how the data are
presented: only prisoners sentenced for felonies are counted during certain
460
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CRIME AND THE ADMINISTRATION OF CRIMINAL JUSTICE
TABLE 9-1 Prison Population, by Race, 1939-1985
Year White Black Percent Black
1939 47,971 17,324 26
1949 38,155 15,640 29
1960 108,920 67,781 38
1974 97,700 89,700 48
1979 161,642 145,383 47
1985 260,847 227,137 46
Notes: Data for 1939 are for all court-received pnsoners or flows during each year. Data for
1949 are for male felony prisoners received Tom courts during each year, including federal and
state courts but excluding data for Georgia, Michigan, and Mississippi. Data for 1960 include
all nonwhites and are the y~r-end felony population. Data for 197~1985 are for the year-end
stock population.
Source: Hawkins (1987).
years; some statistics represent a count of admissions during a given year;
other data are a count of populations-all prisoners confined at the end of a
given year. The latter figure is larger, of course, because it represents the
cumulative effects of many years of admissions. Each set of data can be used
for documenting the status of blacks in comparison to whites.
Table 9-1 shows various indices of the racial composition of the nation's
prison population for selected years between 1939 and 1985. The data reveal
an increase in the percentage of blacks among the nation's prison population
since 1960. Between 1933 and 1939, blacks accounted for 24-26 percent of
all prisoners received from the courts. For 1943-1950, the percentage of
black felony admissions ranged from 27 to 31 percent. By 1960, blacks were
39 percent of the stock felony population, and from 1974 to 1985, blacks
accounted for about 47 percent of all persons confined at the end of the
year.
ALCO HOL, DRUGS, HAN DO UNS, AN D CRIME
Because of the connections among drugs, guns, and criminal behavior,
differential drug use and gun (especially handgun) availability have been
frequently discussed as reasons for the black-white gap in crime rates. Re-
cently, drug use and trafficking in the black community have received con-
siderable media attention. Researchers are divided, however, as to the role
played by alcohol and drug use in the etiology of criminal behavior (see
Collins, 1981; Goode, 1984; Inciardi, 1986~. And although the United
States has a rate of gun ownership higher than those of most other industri-
alized nations (Wright et al., 1983), criminologists remain skeptical about
how this condition affects the nation's high level of criminal violence. In
this section we assess some possible impacts of alcohol, drugs, and handguns
on black-white crime differences.
461
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A COMMON DESTI NY: BLACKS AN D AMERICAN SOCI ETY
law enforcement officials; only in the 1980s did the percentage of blacks in
police forces increase considerably more than black representation among
attorneys and judges.
Although the evidence is scanty, the behavior of black and white judges
appears to be similar. There are some suggestions that black law enforcement
officials may be somewhat more active disciplinarians. The extent to which
the relatively recent changes in personnel may have affected distrust of crim
. . . . .
lIla )UShCe IS not now Known.
Blacks have much higher arrest rates, convictions, and imprisonment rates
than whites for criminal offenses. Some part of the differences may be due
to bias and the resulting differenua1 treatment, but systematic evidence of
discrimination against blacks is not evident. Apparently there is substanna1
variation in discrimination from place to place and over nme. When type
and severity of offense are controlled, racial differences in sentencing are less
clearly due to overt racial bias than to socioeconomic differences between
blacks and whites.
Compared with the total population, black Americans are disproportion-
ately victims of crime: twice as likely to be victims of robbery, vehicle theft,
and aggravated assault, and 6 to 7 times as likely to be victims of homicide,
the leading cause of death among young black males. Blacks also suffer
disproportionately from injuries and economic losses due to criminal actions.
Most black offenders victimize other blacks. But offenders and victims are
primarily in different socioeconomic strata. The middle-class and near-poor
blacks have greater economic losses due to criminal acts than the black poor
or than whites at any income level.
Two conclusions seem unavoidable. First, as long as great disparities in the
socioeconomic status of blacks and whites remain, blacks' relative depriva-
tion will continue to involve them disproportionately in the criminal justice
system as victims and offenders. Second, because of this status difference,
the degree to which this overrepresentation can be associated with differen-
tial treatment by race cannot be precisely determined.
These inequalities are rooted in a long history of American black-white
relations, but they continue to have major effects on black neighborhoods.
High black crime rates perpetuate negative stereotypes and fears of blacks,
especially of young males. Criminal behavior and its punishment pose signif-
icant barriers to educational excellence and to employment for black youth
(Chapters 6 and 7~. Crime also drains the limited economic resources of
black communities and deters the expansion of business enterprises within
black neighborhoods.
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Representative terms from entire chapter:
arrest rates
