Plan for the Talk. Racial Disparities in Criminal Justice in Wisconsin: A Presentation to the Sentencing Commission. Pamela Oliver

Transcription

1 Racial Disparities in Criminal Justice in Wisconsin: A Presentation to the Sentencing Commission Pamela Oliver Plan for the Talk National overview of imprisonment trends (quick) Wisconsin overview of imprisonment trends (overall) and (by offense) Interpreting disparities: an overview County trends in prison sentences Dane and Milwaukee Counties : 9: prison admissions compared to arrests, by offense group Sentence lengths: some VERY preliminary results Comparing International Incarceration Rates (Source: Sentencing Project) National Trends: The Magnitude of the Problem 1

2 World Incarceration Rates in 1995: Adding US Race Patterns US Blacks prison 1995 US whites prison 1995 US blacks prison & jail 1995 US whites prison & jail 1995 Russia Romania South Africa Ukraine England & Wales Scotland Switzerland Sweden Netherlands Japan Italy Germany France Denmark China Canada Belgium Austria Nationally, The Black Population is Being Imprisoned at Alarming Rates Upwards of 4% of the Black male population is under the supervision of the correctional system (prison, jail, parole, probation) Estimated lifetime expectancy of spending some time in prison is at least 29% for young Black men. About 12% of Black men in their 2s are in prison, about 2% of all Black men have been in prison 7% of Black children, 2.6% of Hispanic children,.8% of White children had a parent in prison in 1997 lifetime expectancy much higher About Rates & Disparity Ratios Imprisonment and arrest rates are expressed as the rate per 1, of the appropriate population Example: In 1999 Wisconsin new prison sentences 121 Whites imprisoned, White population of Wisconsin was 4,71, =.217. Multiply.21 by 1, = 22, the imprisonment rate per 1, population. 1,266 Blacks imprisoned, Black population of Wisconsin was 285, = Multiply by 1, = 444 Calculate Disparity Ratios by dividing rates: 444/22 = 2.4 the Black/White ratio in new prison sentence rates US Prison Admissions by Race Prision Admission Rate White Rate Black Rate Ratio Black/White Ratio 2

3 The 197 s Policy Shift Shift to determinate sentencing, higher penalties LEAA, increased funding for police departments Crime becomes a political issue Drug war funding gives incentives to police to generate drug arrests & convictions Post-civil rights post-riots competitive race relations, race-coded coded political rhetoric.? Monthly Riot Counts Imprisonment Has Increased While Crime Has Declined Imprisonment rates are a function of responses to crime, not a function of crime itself Property crimes declined steadily between 197s and 2 Violent crime declined modestly overall, with smaller ups and downs in the period Crime Trends Source: Crunching Numbers: Crime and Incarceration at the End of the Millennium by Jan M. Chaiken Based on Bureau of Justice Statistics data from National Crime Victimization Survey. Figures adjusted for changed methodology, shaded area marks change. 3

4 Property Crime The Drug War Most of the increase in Black imprisonment & imprisonment disparity is due to drug offenses. Drug use rates have generally declined since the 198s, while drug imprisonments have increased. Black adult drug use rates are only slightly higher than White (see next chart), while their imprisonment rates for drugs are enormous Among juveniles, Blacks use illegal drugs less than Whites, but Black juveniles have much higher drug arrest rates. 4

5 Current Illicit Drug Use Among Adults (National Patterns) 6.6 percent for Whites 6.8 percent for Hispanics 7.7 percent for Blacks 1.6 percent for American Indian/Alaska Natives (this is largely marijuana, rates for other drugs are lower than other races) 11.2 percent for persons reporting multiple race 3.2 percent for Asians Source: 1999 National Household Survey on Drug Abuse National Black Prison Sentences by Offense Black New Sentences per 1, pop, by offense. All States in NCRP Violent Rob/Bur Theft Drug Other National White Prison Sentences by Offense National Black/White Disparity in Prison Sentences, by Offense White New Sentences per 1, pop, by offense. All States in NCRP B/W Disparity Ratios in Prison Admits, by Offense. All States in NCRP Violent Rob/Bur Theft Drug Other Violent Rob/Burg Thef t Drug Other 5

6 These trends have major social consequences Offenders are parts of families & communities The vast majority of offenders WILL GET OUT. Does prison help or hurt their likelihood of becoming productive members of society? Many have children, and all have families Families bear significant costs when a family member is imprisoned both from lost earning potential of the offender AND other costs (phone calls, prison visits etc.) Even short prison terms generate lifetime reductions in earning capacity Women are unwilling to marry men with prison records: contributes to single motherhood Incarceration Exacerbates the Effects of Racial Discrimination Figure 4. The Effect of a Criminal Record on Employment Opportunities for Whites Next few slides are from research by Devah Pager, new PhD from University of Wisconsin Sociology, now on faculty at Northwestern This was a controlled experiment in which matched pairs of applicants applied for entry- level jobs advertised in Milwaukee newspapers Percent Called Back Criminal Record No Record 6

7 Figure 5. The Effect of a Criminal Record for Black and White Job Applicants Why Black Men s Incarceration Increases Black Child Poverty Percent Called Back Black White Criminal Record No Record Male imprisonment rates Father not in household Father has lower earning capacity Child Poverty Social Conditions, Political Processes, Crime, and Corrections Feedback from Imprisonment to Social Conditions Changes in enforcement regimes can have major effects through system feedbacks Social & Demographic Conditions Crime Social Control, Deterrence Politics Etc. Arrests Judicial Processes Corrections Outcomes Poverty Imprisonment Enforcement Political Processes Police Enforcement Laws, Penalties Prison Interests Crime 7

8 National & Wisconsin Imprisonment Rates 1 Wisconsin Prison Admissions Including Detailed Time Trends / /23 Prision Admissions Per year in 19s BlackWisc WhiteWisc WhiteUS BlackUS Wisconsin Total Prison Admits: Includes Parole/Probation Violators Proportion of Admissions Involving New Sentences (1991-9) Rate per 1, population % 4% 2% 39% 18% 43% % New Only New + Viol Viol Only White, NH total Black, NH total Hispanic total American Indian Total Asian Total 8

9 White Admissions Status Whites Wisconsin Total New Sentence Only Violation Only Blacks Admission Status Blacks Wisconsin Total New Sentence Only Violation Only Violation + New prison admits per 1, White viol only White new only White viol+new 1 Violation + New prison admits per 1, black viol only Black new only Black viol+new 6 Wisconsin Prison Admissions (Violations Only) (Possible data coding changes after 2?) 6 Wisconsin Prison Admissions (New Sentences Only) 5 5 Rate per 1, population Rate per 1, population White, NH total Black, NH total Hispanic total American Indian Total Asian Total White, NH total Black, NH total Hispanic total American Indian Total Asian Total 9

10 Rate per 1, population Wisconsin Prison Admissions (All New Sentences) New only plus (new + violation) Trends by race in offenses 1. First set of charts show trends in admissions for all offenses for 199s hard to see patterns (quick) 2. Second set of charts show that probation/parole revocations were rising in 199s across all offense groups (quick) 3. Rest of charts focus on new sentences to prison. More focused for sentencing trends White, NH total Black, NH total Hispanic total American Indian Total Asian Total 2 Wisconsin Total Imprisonment Rates, White Non-Hispanics (3-Year Averages) 18 All prison admissions combined (new sentences + violations) Three-year averages in rates Imprisonment Rate (per 1,) UNKNOWN 1

11 35 Wisconsin Total Imprisonment Rates, Black Non-Hispanics (3-Year Averages) 12 Wisconsin Total Imprisonment Rates, Hispanics (Any Race) (3-Year Averages) 3 1 Imprisonment Rate (per 1,) Imprisonment Rate (per 1,) UNKNOWN UNKNOWN Wisconsin Total Imprisonment Rates, American Indians (Non-Hispanic) (3-Year Averages) 25 Wisconsin Total Imprisonment Rates, Asian/PIs (Non-Hisp) (3-Year Averages) 2 Imprisonment Rate (per 1,) Imprisonment Rate (per 1,) UNKNOWN UNKNOWN 11

12 9 Wisconsin Imprisonment Rates (Violations Only), White Non-Hispanics (3-Year Averages) 8 Admissions for probation & parole revocations only Imprisonment Rate (per 1,) UNKNOWN 14 Wisconsin Imprisonment Rates (Violations Only), Black Non-Hispanics (3-Year Averages) 35 Wisconsin Imprisonment Rates (Violations Only), Hispanics (Any Race) (3-Year Averages) 12 3 Imprisonment Rate (per 1,) Imprisonment Rate (per 1,) UNKNOWN UNKNOWN 12

13 Wisconsin Imprisonment Rates (Violations Only), American Indians (Non- Hispanic) (3-Year Averages) 9 Wisconsin Imprisonment Rates (Violations Only), Asian/PIs (Non-Hisp) (3-Year Averages) Imprisonment Rate (per 1,) UNKNOWN Imprisonment Rate (per 1,) UNKNOWN 14 Wisconsin Imprisonment Rates (All New Sentences), White Non-Hispanics (3-Year Averages) New sentences. Two graphs for each race. One is all new sentences, whether alone or with a violation. The other is new sentence only. They are generally pretty similar. Imprisonment Rate (per 1,) UNKNOWN 13

14 1 Wisconsin Imprisonment Rates (New Sentences Only), White Non-Hispanics (3- Year Averages) 3 Wisconsin Imprisonment Rates (All New Sentences), Black Non-Hispanics (3-Year Averages) 9 Imprisonment Rate (per 1,) Imprisonment Rate (per 1,) UNKNOWN Rising Other offenses are DUI, disorderly conduct, disobeying traffic officer, child support, escape, bail jumping UNKNOWN 2 Wisconsin Imprisonment Rates (New Sentences Only), Black Non-Hispanics (3- Year Averages) 1 Wisconsin Imprisonment Rates (All New Sentences), Hispanics (Any Race) (3-Year Averages) 18 9 Imprisonment Rate (per 1,) Imprisonment Rate (per 1,) UNKNOWN UNKNOWN 14

15 9 Wisconsin Imprisonment Rates (New Sentences Only), Hispanics (Any Race) (3- Year Averages) Wisconsin Imprisonment Rates (All New Sentences), American Indians (Non- Hispanic) (3-Year Averages) 8 12 Imprisonment Rate (per 1,) Imprisonment Rate (per 1,) UNKNOWN UNKNOWN Wisconsin Imprisonment Rates (New Sentences Only), American Indians (Non- Hispanic) (3-Year Averages) 2 Wisconsin Imprisonment Rates (All New Sentences), Asian/PIs (Non-Hisp) (3-Year Averages) Imprisonment Rate (per 1,) Imprisonment Rate (per 1,) UNKNOWN UNKNOWN 15

16 16 Wisconsin Imprisonment Rates (New Sentences Only), Asian/PIs (Non-Hisp) (3- Year Averages) 14 Imprisonment Rate (per 1,) Age Patterns for Imprisonment UNKNOWN Wisconsin Total New Prison Sentence Rates (No Prior Felony) (annualized) By Age Whites: Prison Admits by Age, Offense (New Sentences Only, No Prior Felony)Wisconsin Total, summed Rate per 1, population < Age White Black Rate per 1, population < violent rob/bur drug theft other unk 16

17 8 Black Prison Admits by Age & Offense (New Sentences, No Prior Felony) Wisconsin Total, annualized 1 Black/White Disparity Ratios in Prision Admissions by Age, Offense (New Sentences, No Prior Felony) Wisconsin Total Rate per 1, population Ratio of Per Capita Imprisonment Rates < violent rob/bur drug theft other unk < Age violent rob/burg drug theft other Conclusions About Wisconsin Prison Admissions Huge racial disparities, especially Black vs. White Probation/parole violators returning to prison were a major source of the rise in the 199s Blacks showed steep rises in new sentences for drugs, while Whites showed no increase White new sentences are primarily for violent offenses, with a recent rise in other Black new sentences are primarily for drug offenses. The Black/White disparity is especially high for young people and drug offenses Interpreting Disparity Data 17

18 Steps to Incarceration Discriminatory Processes, Inequalities Decisions to Offend Enforcement Decisions Prosecution etc Decisions Court Decisions Social Conditons Criminal Acts Arrests - Citations - PP holds Pre-Trial (Hearing) Detention, Charges Sentences Incarceration Contributors to Disparity Statistical artifacts: : rates calculated on small populations are unstable and can be distorted by non-residents. Keep track of residency status in data. Underlying rates of actual offending: : especially for serious offenses, most of the disparity is due to rates of offending. Examine larger problems of social inequality, discrimination outside criminal justice system. Discrimination (direct or indirect) in criminal justice system: : enforcement, prosecution, adjudication, etc. Individual-level level conscious & unconscious prejudice System-level processes that have disparate effects, especially those correlated with economic standing but not actual criminality. Examine each part of the system separately County Comparisons County Comparisons (199s) Examine the 6 counties which have significant Black population Are also the 6 counties which send the most people to prison Milwaukee, Dane, Kenosha, Racine, Rock, Waukesha Balance is the rest of Wisconsin, outside these six counties 18

19 % of Black Population and Prison Admissions 1999 % of White Population and Prison Admissions 1999 WI balance Racine Rock Waukesha Kenosha Dane Milwaukee Population Prisoners WI balance Racine Rock Waukesha Kenosha Dane Milwaukee Population Prisoners Compare Counties Whites New Sentences Compare counties Black, new sentences thick 19

20 Compare Counties, New Sentences B/w ratio Compare counties, Whites violations Compare Counties, Blacks Violations Compare Counties, Violations B/W ratio 2

21 Counties: Offense & Race Trends Milwaukee New Sentences (All, includes combined with violation) 8 Milwaukee County Prison Admissions (All New Sentences) 14 Milwaukee County Imprisonment Rates (All New Sentences), White Non-Hispanics (3-Year Averages) 7 12 Rate per 1, population Imprisonment Rate (per 1,) White, NH total Black, NH total Hispanic total American Indian Total Asian Total 21

22 25 Milwaukee County Imprisonment Rates (All New Sentences), Black Non-Hispanics (3-Year Averages) 14 Milwaukee County Imprisonment Rates (All New Sentences), Hispanics (Any Race) (3-Year Averages) Imprisonment Rate (per 1,) Imprisonment Rate (per 1,) Dane County Prison Admits (All New Sentences) Dane Rate per 1, population White, NH total Black, NH total Hispanic total American Indian Total Asian Total 22

23 6 Dane County Imprisonment Rates (All New Sentences), Black Non-Hispanics 6 Dane County Imprisonment Rates (All New Sentences), Black Non-Hispanics (3- Year Averages) 5 5 Imprisonment Rate (per 1,) Imprisonment Rate (per 1,) Dane County Imprisonment Rates (All New Sentences), White Non-Hispanics (3- Year Averages) 9 Dane County Imprisonment Rates (All New Sentences), Hispanics (Any Race) (3- Year Averages) 8 1 Imprisonment Rate (per 1,) Imprisonment Rate (per 1,)

24 Black/White Disparity Ratios For New Drug Sentences County Drug Disparities by Time Kenosha Racine Milwaukee WI Balance Dane Kenosha Waukesha Rock 18 Kenosha County Prison Admissions (All New Sentences) 35 Kenosha County Imprisonment Rates (All New Sentences), White Non-Hispanics (3-Year Averages) 16 3 Rate per 1, population Imprisonment Rate (per 1,) White, NH total Black, NH total Hispanic total American Indian Total As ian Total 24

25 5 Kenosha County Imprisonment Rates (All New Sentences), Black Non-Hispanics (3-Year Averages) 18 Kenosha County Imprisonment Rates (All New Sentences), Hispanics (Any Race) (3-Year Averages) Imprisonment Rate (per 1,) Imprisonment Rate (per 1,) Racine County Prison Admissions (All New Sentences) 12 Racine Rate per 1, population White, NH total Black, NH total Hispanic total American Indian Total Asian Total 25

26 25 Racine County Imprisonment Rates (All New Sentences), White Non-Hispanics (3- Year Averages) 4 Racine County Imprisonment Rates (All New Sentences), Black Non-Hispanics (3- Year Averages) Imprisonment Rate (per 1,) Imprisonment Rate (per 1,) Racine County Imprisonment Rates (All New Sentences), Hispanics (Any Race) (3- Year Averages) 1 Imprisonment Rate (per 1,) Rock Year 26

27 12 Rock County Prison Admissions (All New Sentences) 16 Rock County Imprisonment Rates (All New Sentences), White Non-Hispanics (3- Year Averages) 1 14 Rate per 1, population Imprisonment Rate (per 1,) White, NH total Black, NH total Hispanic total American Indian Total Asian Total 35 Rock County Imprisonment Rates (All New Sentences), Black Non-Hispanics (3- Year Averages) 1 Rock County Imprisonment Rates (All New Sentences), Hispanics (Any Race) (3- Year Averages) Imprisonment Rate (per 1,) Imprisonment Rate (per 1,)

28 18 Waukesha County Prison Admissions (All New Sentences) 16 Waukesha Rate per 1, population White, NH total Black, NH total Hispanic total American Indian Total As ian Total 14 Waukesha County Imprisonment Rates (All New Sentences), White Non-Hispanics (3-Year Averages) 7 Waukesha County Imprisonment Rates (All New Sentences), Black Non-Hispanics (3-Year Averages) 12 6 Imprisonment Rate (per 1,) Imprisonment Rate (per 1,)

29 14 Waukesha County Imprisonment Rates (All New Sentences), Hispanics (Any Race) (3-Year Averages) 12 Imprisonment Rate (per 1,) Wisconsin Balance (The Rest of the State) Wisconsin Balance Total Prison Admissions (All New Sentences) 14 Wisconsin Balance Imprisonment Rates (All New Sentences), White Non- Hispanics (3-Year Averages) 8 12 Rate per 1, population Imprisonment Rate (per 1,) White, NH total Black, NH total Hispanic total American Indian Total As ian Total 29

30 3 Wisconsin Balance Imprisonment Rates (All New Sentences), Black Non- Hispanics (3-Year Averages) 9 Wisconsin Balance Imprisonment Rates (All New Sentences), Hispanics (Any Race) (3-Year Averages) 8 25 Imprisonment Rate (per 1,) Imprisonment Rate (per 1,) Wisconsin Balance Imprisonment Rates (All New Sentences), American Indians (Non-Hispanic) (3-Year Averages) Wisconsin Balance Imprisonment Rates (All New Sentences), Asian/PIs (Non- Hisp) (3-Year Averages) Imprisonment Rate (per 1,) Imprisonment Rate (per 1,)

31 6 Milwaukee County Prison Admissions (Violations Only) 5 Probation & Parole Revocations Only Racial trends within counties Rate per 1, population White, NH total Black, NH total Hispanic total American Indian Total Asian Total 12 Dane County Prison Admits (Violations Only) 18 Kenosha County Prison Admissions (Violations Only) Rate per 1, population Rate per 1, population White, NH total Black, NH total Hispanic total American Indian Total Asian Total White, NH total Black, NH total Hispanic total American Indian Total As ian Total 31

32 8 Racine County Prison Admissions (Violations Only) 12 Rock County Prison Admissions (Violations Only) 7 1 Rate per 1, population Rate per 1, population White, NH total Black, NH total Hispanic total American Indian Total Asian Total White, NH total Black, NH total Hispanic total American Indian Total As ian Total 1 Waukesha County Prison Admissions (Violations Only) 35 Wisconsin Balance Total Prison Admissions (Violations Only) Rate per 1, population Rate per 1, population White, NH total Black, NH total Hispanic total American Indian Total As ian Total White, NH total Black, NH total Hispanic total American Indian Total Asian Total 32

33 Dane & Milwaukee: Allocating New Sentence Disparities to Arrests & Post- Arrest Processing Explaining the next two charts Classify new prison sentences into the same offense groups as UCR arrest data Within offense groups, calculate ratio of prison sentences to arrests for Whites For Blacks, within offense groups, multiply number of arrests by the WHITE prison/arrest ratio. This is the expected number of prison sentences for Blacks given arrests if post-arrest processing is the same Generate the chart by taking the total difference between Black & White prison sentence rates and allocate it to offense and, within offense, to arrest differentials and post-arrest processing differentials Milwaukee County: Allocating Disparities to Arrest vs. Post-Arrest Processing Dane County : Allocating Disparities to Arrest vs. Post-Arrest Processing ~72% of difference is due to arrest differentials Sources of Black/White Imprisonment Rate Difference: Milwaukee County Hom icide Sex Assault Agg Assault Other Assault All Robbery Arson Burglary Theft/Fraud Prostitution Mfg/Sale Drug Possess Drug Weapons Family/Child Public Order Derived Oth/Unknow n Due to Arrests Due to P/A Ratio ~ 37% of difference is due to arrest differentials So urces o f Black/White Impris o nment Rate Difference: Dane Co unty Homicide Due to Arrests Sex Assault Due to P/A Ratio Agg Assault Other Assault All Robbery Arson Burglary Theft/Fraud Prostitution Mfg/Sale Drug Possess Drug Weapons Family/Child Public Order Derived Oth/Unknown Proportion of Difference in Imprisonment Ratios Proportion of Difference in Imprisonment Ratios 33

34 Mean sentence Length by offense, race, sex. Wisconsin Sentence Length 17. Family/Child 16. Weapons 15. Other Drug 14. Possess Drug 13. Int Del Drug 12. Mfg/Del Drug 9. Theft/Fraud 8. Burglary 6. Other Robbery 5. Armed Robbery 4. Other Assault 3. Agg Assault 2. Sex Assault 1. Homicide BF WF HM BM WM Black men, Milwaukee vs. rest of state White men, Milwaukee vs rest of state Public Order 17. Family/Child 16. Weapons 15. Other Drug 14. Possess Drug 13. Int Del Drug 12. Mfg/Del Drug 9. Theft/Fraud 8. Burglary 6. Other Robbery 5. Armed Robbery 4. Other Assault 3. Agg Assault 2. Sex Assault 1. Homicide Milwaukee Other Public Order Family/Child Weapons Other Drug Possess Drug Int Del Drug Mfg/Del Drug Theft/Fraud Burglary Other Robbery Armed Robbery Other Assault Agg Assault Sex Assault Homicide Milwaukee Other 34

35 Mean Sentence Length for Males by Race & Milwaukee vs Other Other Counties Milwaukee Sig Test WM BM WM BM race Mke Int Homicide * Sex Assault * Agg Assault * Other Assault Armed Robbery * * Other Robbery * Arson Burglary * * Theft/Fraud * * Mfg/Del Drug * * * Int Del Drug * * * Possess Drug * Other Drug Weapons * Family/Child * Public Order * What is to be done? This is not a sound bite issue. Factors include a combination of bias, real differences in serious crime, social & political conditions Patterns are arising from the core structures of our society But there are steps we can take Oppose the drug war Treatment and public education are the most effective ways to reduce drug use Drug enforcement just increases the profits of illegal drugs, makes the problem worse Learn about the consequences of alcohol prohibition: drive-by shootings, organized crime The largest racial disparities are for drug offenses Association of violence with drugs is due to illegality & police enforcement Oppose tough on crime rhetoric Help depoliticize crime as an issue Distinguish among different kinds of crimes Take the crime problems of poor (& economically integrated) neighborhoods seriously without over-reacting reacting and middle class panic Call for rehabilitation & restoration for lesser offenses, not lock em up 35

36 Revisit probation & parole The vast majority of offenders are not murderers or rapists they will get out Insist the system focus on rehabilitating and reintegrating offenders, rather than looking for opportunities to incarcerate them NOTE: Wisconsin has abolished parole, but has extended supervision Address root causes of crime Reduce poverty and deprivation through income transfers (e.g. earned income credit), training programs, living wages Provide social support, education, constructive alternatives for juveniles who are not doing well in school Need to break the inter-generational cycle caused by massive incarceration Address racial bias & prejudice Racial discrimination in employment & housing reduce constructive options Conscious and unconscious biases, perceptions, assumptions affect policing & sentencing White fear of crime more sensitive to presence of Blacks than to actual crime rates Politicians play on Whites race-tinged crime fears in pushing tough on crime policies Racism and Justice: Conclusions We cannot move from an unjust to a just situation by ignoring race and pretending the disparities are not there We cannot achieve racial justice by ignoring the real differences in serious crimes, economic & social conditions We cannot achieve racial justice by treating this as somebody else s problem Politics caused the problem, and politicians need to be part of the solution 36

37 Web Site Has copy of this presentation + lots of other stuff Follow the links to racial disparities section 37