#Racial #Inequality #Criminal #Justice #System
In this 2010 video, Prof. Daniel D’Amico argues that one of the reasons why minorities are grossly overrepresented in U.S. prisons may lie with the criminal justice system itself. Laws about drug prohibition, for example, are supposed to be color blind. But people with different levels of wealth face different costs and benefits to participating in the drug trade.
#CriminalJusticeReform
In light of current events, we republished this as it became relevant again. To provide the audience with context, Prof. D’Amico added the following:
This video was not meant to be a full explanation, but rather a touchstone for people engaged with such topics, often informal online courses, to all get on the same page regarding basic facts. The description rather than diagnosis was the primary purpose.
The video doesn’t control for the incidence of crime, as this was meant to be presented alongside other materials and moderated conversations. Criminal incidence is a huge factor in explaining the racial gaps in police use of force, arrests, and convictions. In many of these arenas, public discourse may over emphasizes racial prejudice as a driving cause. However, the disparity in prison sentencing is basically the one area where such does not get fully reduced by reasonable controls. This post does a great job surveying the lit:
I stand by the thrust of the video. Prison populations are racially unequal (not necessarily unfair and not necessarily unjust though not necessarily just and not necessarily fair either) relative to the general population. Why is that worth pointing out (regardless of controlling for criminal incidence)? Here’s a number of “if-then” statements that at the time of production were in my mind’s eye, to serve as conversational starters.
1. Imprisonment is a unique form of punishment apart from fines, restitution, house arrest, community service. It’s designed to deprive individuals of liberty, perhaps rightly so in the context of violent crime. However, imprisonment may carry unique externalities upon communities beyond the costs that it imposes on inmates. Prisons are a tax liability. If citizens want to promote fiscal sustainability it may be worth investigating alternatives with lower fiscal burdens.
2. Cultural norms and family stability are probably relevant to criminal behavior. If true, imprisonment may exaggerate rather than mitigate these issues. Gender ratios of the 18-35 year age bracket in the black community are heavily skewed by imprisonment, perhaps making upcoming cohorts difficult to deter from crime. If one is concerned about promoting wellbeing and prosperity in the black community, imprisonment may pose unique challenges.
3. The point that the criminal justice system has the inevitable potential for inequities I stand by, this is not necessarily proof of injustice or unfairness per se. One way to interpret this, rather than a puzzle to be explained, is that it may explain why different racial groups perceive the fairness conditions of the CJ system so differently. I’m not a philosopher, these videos were meant to inspire philosophical conversations not definitively prove them. If a free society demands equal treatment under the law and the consent of the governed, then imprisonment poses challenges in so far as it may cultivate a perception of unfairness.
This idea that criminal enforcement has an inevitable potential for inequity (not the same thing as institutionalized racism though not incompatible with the concept either) is a longstanding part of classical liberalism. Laws that impose prohibitions apart from violating others’ persons or property, require unequal enforcements. Prohibiting drugs harms drug users more than those who abstain. This is similar to how new regulations impose costs on new entrants to an industry and benefit existing businesses even if framed as universal policies. Latent differences across races performing prohibited behaviors will be reflected in CJ system.
The more complex the criminal code, the more opportunities there are for explicit bias. If we lower the speed limit to 25 miles an hour, everyone becomes a criminal, and we afford police officers the discretion to enforce laws as they chose. In so far as some officers may be prejudiced, there are more opportunities for prejudice with larger and more bureaucratized CJ systems.
Mass imprisonment, overcriminalization, police militarization, and excessive force are all points of concern for those who value liberty. These issues may be impeded by overly focusing on race, but I support those groups motivated by racial solidarity who successfully shine light upon their realities.
I am more worried that allowing violence, rioting, and looting to go unchecked at protests may enhance the problems rather than improve upon them. I condemn such opportunism without reservation, as I also condemn police who would use their positions of authority for prejudice and excessive force.
criminal law , Racial Inequality in the Criminal Justice System, criminal justice,racial disparities,black lives matter,racial profiling,african american,george floyd,racism
Hey folks!
In light of current events, we republished this 2010 video as it became relevant again. To provide the audience with context, Prof. D'Amico added a bit of extra content. You can find it in the updated description or in his original comment below.
Another race baiting video with zero substance. Stop breaking the law!!!!!
Modal libertarian detected
Unequal enforcement explains why more than half of traffic citations and stop are done to black motorist. African Americans are a minority in thos country
Amerikkk has a white supremacist apartheid criminal justice system, its designed to disenfranchise ,devour and destroy black men
We all know why there are more men in prison than women.
We all know why there are more blacks in prison than other races.
Nowhere on earth offers more opportunity for success for everybody than right here in America. That is why millions migrate here each year. If black cant succeed here then they will fail everywhere else even worse….and do !
Low Impulse Control and High Aggression
It starts with the Home. Absent Fathers, Welfare Mothers, lack of discipline, lack of sexual morals, etc.
Yea, blame others for the problems, same old song and dance.
2018 Bureau Of Justice Stats: Blacks Committed 90% Of Violent Felonies Between Blacks & Whites
I don’t care about blacks.
1:25 😢
The racial composition of felons reflect who are committing the most crimes.😅
Most people are fine with racially disparate treatment/outcomes as long as it is fair and not due to racial discrimination. It is totally acceptable for a disproportionate number of arrests of a particular race if that race has a disproportionate number of arrestable behaviors. Different races and sexes have disparate incarceration rates, but that is totally fine since these groups have different behaviors
You are the problem
Why would each race be in prison at the same rate? I think it's super dishonest and pandering to pretend that every race commits crime at the same raids. You can talk about situations and poverty or what pushed certain races to commit more crime, but pretending the whole system is just uneven makes you look really stupid
The difference is that black men are screened constantly. Black people cant smoke weed or do anything wrong because they will enforce the law on black people. I’ve been pulled over at least 50 times in my life with the cops just hoping to find something. Most times they just let me go because there is nothing to find. Scrutinizing black people more is one simple racist tactic.
THis is very bias when you show no data on who commits the crimes.
Why non white people are so racist than they try to destroy the only society in the world who accept all these differences?
White folks hate being called out on their bullshit
Thomas Sowell would rip him to shreds.
Let me guess, this guy is a jew. No wonder he preaches for them.
So what is the solution 🤔
Facts Truth great video🅿️
Boooo boooo
Perhaps this culture should stop embracing violence and begin embracing families. But you go ahead and blame everyone but the criminals themselves…
This, is why people who says "There is very little racism in the justice system." are either full of shit, or are being lied to. YES RACISM EXISTS, IT'S SERIOUS AND IGNORING IT ISN'T GOING TO HELP.
This video makes the faulty, but common assumption that criminality should be naturally distributed – it is not. Different groups, based on age, sex, race, ethnicity, national origin, all commit crimes at very different rates – are you really suggesting that 0-20year old males commit crime at the same rate as 80-100year old males? What about males versus females? Once you understand that crime is not naturally distributed then the subsequent arguments fall apart. The completion factor (investigation and conviction) for crimes committed by whites is 2x of blacks, so a white male has a higher chance of being investigated and convicted compared to a black male yet you will suggest that prosecutorial discretion is somehow racist when it by percentage succeeds in putting a higher percent of white males in prison than black? None of the arguments made here are statistically factual – most of them are either undetermined and many simply false.
America: Imprisons the most violent people who tend to break the most laws.
Idiotic Libertarians: THAT'S RACIST!
Certain minorities commit more crimes than whites. Certain minorities commit less crime than whites. Talk about the full picture or shut up.
What's the year that these statistics are pulling from? Some of this in the modern context is flat out wrong!
1. For example the likelihood of black men being single and never been married as of 2019 is 52%. I understand this video was released in 2010 but I STRONGLY doubt that the percentage points for jail amongst black men was higher than getting married, or as this professor said around 25%. I'm sure you can skew statistics however you want to push a notion, but this worsens the problem by being disingenuous.
2. For the past 30 years the black imprison rate has been falling, and amongst ethnic groups blacks lead the decline. Why was this not brought into the conversation if you cared to have a fair discussion on the topic.
As a black man I get tired of being told of this unbearable doom and gloom, and perpetual unstoppable boogyman of racial struggle. Even by this professor's claims 75% of the black male population hasn't EVER gone to jail. I've come to understand that this institutions aren't really about helping blacks, but want to use them as a pawn to control them via fear. Now, I'm not saying that blacks don't have struggles, but it's certainly not on the same level as these fear mongers push it. Sadly, many in the community buy into the fear mongering, lose hope, and once that hope is lost they are FAR more likely to be the negative statistics you talk about.
Next time bring a fair news, talk about the improvements that's happening, and talk about the growing number of blacks that are doing better. Talk about the fact that the overwhelming amount of black people DONT use drugs and avoid it. I'm all for talking about how blacks getting hit with harsher sentences for drugs than whites, but stop creating this atmosphere as if blacks are these helpless, brain damaged group of people that can't of their own volition say no to drugs, and as result some radical/special change is required to fix the system. The majority of blacks are hardworking law abiding citizens just like the majority of whites and every other ethnic group in this country. The problem isn't necessarily the law, but equitable sentencing. If a white guy does a crime and black man does the same crime but the black guy is far more likely to get a harsher sentence, the issue isn't with the law but with the sentencing. If you provide Crack with a longer sentence than Coke, but realize that Coke is for the rich and Crack for the poor people, then the law needs to changed so that the penalties are equal. It's not rocket science.
The real problem is that jail shouldn't be a punishment for pretty much any nonviolent crime, and should only be used before conviction if the suspect has a history of missing court or running from the Law. Give people more of a stake in their community and guidance on responsible living and gainful employment and crime would decrease as people become more invested in looking after their neighborhoods.
Occam's Razor tells us not to make any more assumptions about a thing than are necessary. If blacks and Hispanics are disproportionately overrepresented in jails, it stands to reason that they may disproportionately commit more crime. Disprove the simplest explanation first, then go on your snipe-hunt for the elusive systemic-racism that nobody can seem to find.
Hint: it exists in the universities and works against Asians – in favor of blacks.
O m g WTF
Sounds like young, black males are not behaving
If people of all colors behave, no one would be in jail
Cool story bro.
This made no sense at all. Give me a break.
1If they want to reduce the numbers of their young men in jail, maybe they should first figure out how to get them to stop committing crimes.
Most of the problems facing the black community are cultural and self inflicted.
Whites (generally) tolerate less crime in their communities. When they start suffering from crime, they become more vocal about it and this squeaking wheel gets the grease of more police action in their neighborhoods. African Americans are more likely than Whites to accuse arresting officers of being racist, and this functions as an "anti-squeak." As a result, crime rises in Black communities.
Fort-een p-e-r-c-e-n-t of the population… F o r t y p e r c e n t of a l l violent c r I m e s