Race in the United States criminal justice system refers to the unique experiences and disparities in the United States in regard to the policing and prosecuting of various races. There have been different outcomes for different racial groups in convicting and sentencing felons in the United States criminal justice system. Although prior arrests and criminal history is also a factor.[1][2] Experts and analysts have debated the relative importance of different factors that have led to these disparities.[3][4]
Academic research indicates that the over-representation of some racial minorities in the criminal justice system can in part be explained by socioeconomic factors, such as poverty, exposure to poor neighborhoods, poor access to public education, poor access to early childhood education, and exposure to harmful chemicals (such as lead) and pollution.[5][6][7][8][9][10][11][12][13][14] Racial housing segregation has also been linked to racial disparities in crime rates, as blacks have historically and to the present been prevented from moving into prosperous low-crime areas through actions of the government (such as redlining) and private actors.[15][16][17] Various explanations within criminology have been proposed for racial disparities in crime rates, including conflict theory, strain theory, general strain theory, social disorganization theory, macrostructural opportunity theory, social control theory, and subcultural theory.
Research also indicates that there is extensive racial and ethnic discrimination by police and the judicial system.[18][19][20][21][22] A substantial academic literature has compared police searches (showing that contraband is found at higher rates in whites who are stopped), bail decisions (showing that whites with the same bail decision as blacks commit more pre-trial violations), and sentencing (showing that blacks are more harshly sentenced by juries and judges than whites when the underlying facts and circumstances of the cases are similar), providing valid causal inferences of racial discrimination.[23][24][25][26] Studies have documented patterns of racial discrimination, as well as patterns of police brutality and disregard for the constitutional rights of African-Americans, by police departments in various American cities, including Los Angeles, New York, and Philadelphia.[27][28][29][30][31]
^United States. Dept. of Justice. 2008. Bureau of Justice Statistics: Prison Statistics. Washington, DC: U.S. Dept. of Justice.[page needed]
^Brown, Elizabeth; Males, Mike A. (Spring 2011). "Does Age or Poverty Level Best Predict Criminal Arrest and Homicide Rates? A Preliminary Investigation". Justice Policy Journal. 8 (1). S2CID14751824.
^Light, Michael T.; Ulmer, Jeffery T. (April 1, 2016). "Explaining the Gaps in White, Black, and Hispanic Violence since 1990: Accounting for Immigration, Incarceration, and Inequality". American Sociological Review. 81 (2): 290–315. doi:10.1177/0003122416635667. ISSN0003-1224. S2CID53346960.
^Krivo, Lauren J.; Peterson, Ruth D. (2000). "The Structural Context of Homicide: Accounting for Racial Differences in Process". American Sociological Review. 65 (4): 547–559. doi:10.2307/2657382. ISSN0003-1224. JSTOR2657382.
^Drakulich, Kevin; Rodriguez-Whitney, Eric (June 22, 2018), "Intentional Inequalities and Compounding Effects", The Handbook of Race, Ethnicity, Crime, and Justice, John Wiley & Sons, Inc., pp. 17–38, doi:10.1002/9781119113799.ch1, ISBN9781119113799, S2CID158214425