different racial and ethnic groups

CCJ4678 Module 1

Presentation History of race, ethnicity, and statistics

in the criminal justice system

History of Race and Ethnicity

This Photo by Unknow n author is licensed under CC BY.

Where did the term race come from?

Sources say that the word race used to mean ”type, sort, or kind” (Britannica, n.d.) or refer to a shared kinship or group connection (Historical Foundations of Race, n.d.) prior to the 18th century.

After this time, race was used for sorting people by their physical characteristics

Friedrich Blumenbach (1752-1840) developed the first taxonomy of race in 1795. He separated people into 5 categories: Ethiopian (African), Mongolian (Asian), American (Native American), Malaysian (Pacific Islander), and Caucasian (Gabbidon & Greene, 2019).

From the beginning of racial hierarchies, Europeans put themselves at the top of the order.

DNA

differences between

races, a debate

 Many social scientists agree that race is a social construct not grounded in biology. Race is many times classified by phenotypic characteristics (visible),making it difficult to identify someone accurately, just by looking at them

 While this is generally regarded as truth, one well-known 2007 case involved the correct racial identification of 20 DNA samples by a genetic biologist (Gabbidon & Greene, 2019)

 Other scientists believe that “ancestry” or “genetic ancestry” is a more accurate term when using DNA in human genetic research (Gannon, 2017; Fujimura & Rajagopalan, 2011).

 Variations inside a racial group are just as diverse as those between different races

 When two people of European descent were compared genetically with a person of Asian descent, each of the individuals of European descent shared more alleles with the person of Asian descent than they did with each other

DNA use in the CJS

 There is a DNA testing backlog in the CJS (End the Backlog, n.d.; FBI, 2017) and efforts have been made to remedy this backlog.

 Many states collect DNA when a suspect is arrested and alternative ways of using DNA to pinpoint offenders have been recently employed, such as with the Golden State Killer and using ancestry sites (St. John, 2020).

 There is a debate about the collection of DNA evidence upon arrest rather than conviction and around the use of ancestry sites for police investigation.

 The American Civil Liberties Union (ALCU) stressed 3 major concerns with using DNA to identify the race of a suspect (Gabbidon & Greene, 2019):

 Invasion of medical privacy

 Invasion of bodily integrity

 Racial disparate impact

Racial/Ethnic composition of the US, 2020 vs 2010  The 2020 and 2010 Census showed the following racial/ethnic composition of the

United States:

Race/Ethnicity 2020 2010

American Indian &

Alaskan Native

3.7 million, 1.1% of pop. 2.9 million, 0.9% of pop.

Asian 19.9 million, 6% of pop. 14.7 million, 4.7% of pop.

Black or African American 41.1 million, 12.4% of pop. 38.9 million, 12.6% of pop.

Multiracial 33.8 million, 10.2% of pop 9 million, 2.9% of pop.

Native Hawaiian and

Pacific Islander

689,966, 0.2% of pop. 540,013, 0.2% of pop.

Some other race 27.9 million, 8.4% of pop. 19.1 million, 6.2% of pop.

White 204.3 million, 61.6% of pop. 223.6 million, 72.4% of pop.

Source: US Census Bureau

Hispanic/Latino 20.3 million, 32.7% of pop 3 million, 6.0% of pop.

Native

American History

in the US

 Native Americans arrived in North America 30,000 years ago

 Colonists, including Juan Ponce de Leon and Hernando de

Soto, made contact with Native Americans in Florida during the

1500s

 Native Americans helped Europeans survive during their contacts in

the early 1600s

 Conflicts between Native groups and settlers began in 1622, with the

Jamestown Massacre. Conflicts continued until the Indian Removal

Act of 1830.

Native

American History

in the US

 The Trail of Tears, part of the Indian Removal Act, happened in 1836. Of the 15,000 Creek Indians who were removed to Oklahoma, more than 3,500 did not survive

 The low point of the Native American population was down 90% from the 1500s

 Many Native children were taken from their homes and placed into reform or boarding schools to forget their heritage/language and adapt white "civilization". By the 1920's, an estimate suggests that almost 83% of Native American school-aged children were in boarding schools.

 "Kill the Indian and save the man.” - Captain Richard H. Pratt, 1892, founder of one of the first boarding schools

 The federal Bureau of Indian Affairs was created after the Trail of Tears to handle matters concerning the Native American population

African

American History

in the US

 The first enslaved African people were brought to the Bristish Colony of Jamestown in 1619

 African Americans were selected as the ideal unpaid workforce, rather than Native Americans or European indentured servants

 Over 1600 slave codes were enacted to control the enslaved Black population. Many of these codes served to reenforce that slaves were property, that color lines clearly existed (any amount of African heritage meant a person's race was Black), to limit the legal rights of the enslaved people, and to control the movement and activities they could engage in

 In 1790, fewer that 700,000 enslaved people were in the United States; in 1830 the number was more than 2 million; right before the Civil War, there were nearly 4 million

African

American History

in the US

 The Fugitive Slave Act of 1850 allowed hunters to

capture and return escaped slaves without due process

and imposed penalties on those who assisted escaped

slaves. Freedom seekers were subject to the laws of the

state they fled from.

 The Emancipation Proclamation in 1863 freed slaves in the Confederate states and the 13th Amendment of

1865 ended slavery in the US

 "Black codes" and Jim Crow rules were used after

emancipation to discriminate against Black Americans

 Lynchings were used to inspire terror in the Black

population

 The Plessy v. Ferguson (1896) case of "separate but

equal" or state-mandated segregation, encouraged

discrimination between Black and White Americans until

Brown v. Board of Education (1954)

German

and Irish American

history in the US

 Many German and Irish immigrants came to N. America

because of hardships in their home countries

 Germans assimilated well into American life

 Many Irish Americans were indentured (60%)

 The Irish were not as easily assimilated – religious intolerance (Catholicism), No Irish Need Apply

(NINA), perception of the drinking/fighting Irish person,

Know Nothings (anti-Catholic, anti-immigrant political

party)

 Over time, Irish Americans assimilated as White

Americans

Jewish American History

in the US

The first Jews to arrive in the US were of

Hispanic origin from Portugal and Spain

Later, many arrived from Russia, Poland, and

other Eastern European countries fleeing

religious persecution

Mass immigration resulted in squalid living

conditions

There were quotas placed on the number of Jews who could enroll in prestigious universities

such as Harvard

Many Jews made it into middle class professions

such as teachers, accountants, or doctors

by the end of WWII

Latino American History in the US

 Mexican Americans:

 Following wars/land purchases by the US, many Mexicans had

the option of staying in the US or returning to Mexico

 Immigrated to America in three great waves, the first by railroad

 In the second half of the 20th century, there were concerns

regarding illegal immigration

 A school pamphlet proposed "Americanization through

Homemaking": placing Mexican girls in sewing, cooking, and

cleaning classes was the key to social harmony

 The 1931 Wickersham Deportations Report noted that Mexicans

were treated with prejudice by the US justice system

Latino American History in the US

 Puerto Ricans:

 America took over Puerto Rico in 1898 after the Spanish

American War

 It became a commonwealth of the US in the 1950s, which gave

Puerto Ricans more independence over their governance

 Many Puerto Ricans have headed to the US for employment, but

have had trouble assimilating because they have difficulty

passing as White

 Cubans:

 Much immigration came after Fidel Castro's takeover of the

government in 1959

 In 2017, 66% of the Cuban concentration was concentrated in

Florida and 2.3 million Hispanics of Cuban Origin lived in the

United States

Asian

American History in

the US

 Chinese Americans:

 There have been Chinese people in the US since the late

1700s, and the California gold rush in the mid 1850s

increased immigration

 The Chinese Exclusion Act of 1882 limited Chinese

immigration until the 1940s. This legislation put a 10 year

moratorium on immigration, was extended in 1892, and made

permanent in 1902 until 1943 when all exclusion acts were

repealed

 Many Chinese people smoked opium, and this led to moral

condemnation of the population

 Most immigrants were male workers

 In the late 1800s more than 75% of 3,000 Chinese women

worker were sex workers

Asian

American History in

the US

 Japanese Americans:

 Japanese people arrived in the US, first in Haiwaii then in

California

 During WWII, anti-Japanese sentiment was strong

 In February 1942, Executive Order 9066 was signed into law.

This order "authorized the evacuation of all persons deemed

a treat to national security". In 6 months, over 100,000 men,

women, and children of Japanese descent were moved to

relocation centers

 Korean Americans:

 Headed to Hawaii in 20th century to fill labor shortages

 They met resistance to their presence and relations between

Koreans and urban residents can be strained

Data in the CJS

Crime and Victimization in the US

 History of crime statistics:

 Date back to the 19th century

 Several state legislatures mandated the collection of stats on crime, including judicial

and prison statistics

 Federal criminal stats began with the 1850 census collecting statistics on criminals,

mostly prisoners, with some access to court records

 Early critiques include: 1) those who collected them were not statistically trained and

2) they were collected in a non-consistent manner, just to follow the law

Uniform Crime Report (UCR)

 In 1930, the FBI began collecting data from police departments about reported crime

 Local police departments around the country collect data and send it to the FBI or a state UCR program for

aggregation

 Racial categories in the UCR: White, Black or African American, American Indian or Alaska Native (added

in 1980), Asian, and Native Hawaiian or Other Pacific Islander (added in 1980). Ethnicity choices included

Hispanic or Latino, or non-Hispanic or Latino.

 Racial data first appeared in the UCR in 1933 with three categories: Whites, Blacks, and Others

 National Hate Crime Data Collection Program was established in 1992 after President George H.W. Bush

signed the Hate Crime Statistics Act into Law in 1990

 The UCR is being phased out by NIBRS in 2021 because NIBRS data will provide more nuanced

information, hence more helpful statistics

Victimization surveys

 In 1972, the National Crime Survey (NCS) was implemented. In 1992, it was

redesigned and named the National Crime Victimization Survey (NCVS)

 In 2000, questions were added to the NCVS about hate crime victimization

 A representative sample of household respondents ages 12+ answer questions

about victimizations that occurred in the previous 6 months

 The CDC has conducted a telephone survey called the National Intimate Partner

and Sexual Violence Survey (NISVS) in 2010

 A summary of findings is located in this

report: https://www.cdc.gov/violenceprevention/pdf/NISVS_Report2010-a.pdf

Limitations on data

All crime or victimizations are not reported, so we don't know the true extent of crime

The definition of racial categories is limited

Racial categories don't account for ethnic differences between groups (e.g. Jamaican, Haitian, African or Chinese, Indian, or Filipino)

The race of victims or offenders can be mislabeled

Arrest trends

 The rate of property crime has fallen steadily since

2001, 2020 rate = 1958.2 per 100,000

 The rate of violent crime has seen an increase in

recent years, with 2020 rate = 398.5 per 100,000.

The 2014 rate = 361.6 per 100,000

 Offenders by race according to the FBI, 2020, for all

violent crime:

 Black, 44%; White, 44%, Unknown, 10%, American

Indian/Alaska Native, 1%; Asian, 1%

 Rape offenders by race according to the FBI, 2020:

 White, 59%; Black, 27%; Unknown, 12%; Asian, 1%;

American Indian/Alaska Native, 1%

 Homicide offenders by race according to the FBI, 2020:

 Black, 50%; White, 34%; Unknown, 14%; American

Indian/Alaska Native, 1%; Asian, 1%

Victimization

trends

 According to the NCVS in 2019, the rate for violent

victimization was 21.0 per 1,000

 Of these victims: 76.7% were White, 11.4% were Black, and

11.9% were Other

 The FBI shows that in 2020, for all violent crime:

 The victim's race was: 56% White, 38% Black, 3%

Unknown, 1% Asian, 1% American Indian/Alaska Native

 The FBI shows that in 2020, for homicide:

 The victim's race was: 56% Black, 40% White,

2% Unknown, 1% Asian, 1% American Indian/Alaska Native\

 The FBI shows that in 2020, for rape:

 The victim's race was: 72% White, 20% Black,

5% Unknown, 1% Asian, 1% American Indian/Alaska Native

 According to the NISVS 2010:

 1 in 5, Black and White women, 1 in 7 Hispanic women, 1 in

4 American Indian/Alaska Native, and 1 in 3 multiracial

women report rape victimization in their lifetime

Hate Crime

Trends

 Hate or bias crimes are tracked by the FBI. They define this crime as follows: "criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity"

 Intimidation is the most recorded hate crime

 Anti-Black bias has been the largest motivator in hate crimes since statistics have tracked them

 48.5% or 1,930 of 4,784 of race/ethnicity-biased crimes in 2019 had this bias

 Anti-Jewish bias makes up the highest motivator in anti- religious hate crimes

 60.3% of anti-religious crimes in 2019 had this bias

 Hate crimes are more likely to be interracial, or occur between different races; the race of most known offenders is White

Resources

 An act to execute certain treaty stipulations relating to the Chinese, May 6, 1882; Enrolled Acts and Resolutions of Congress, 1789-1996; General Records of the United States Government; Record Group 11; National Archives. https://www.ourdocuments.gov/doc.php?flash=false&doc=47

 Africans in America: Life in a slave society. (n.d.) Library of Congress. Retrieved Octiber 26, 2021 from https://www.loc.gov/classroom-materials/immigration/african/africans-in-america/

 American-Indian Wars. (2010, March 9). History.com. Retrieved October 25, 2021 from https://www.history.com/topics/native-american-history/american-indian-wars

 Barak, G., Leighton, P., Cotton, A. (2018). Class, Race, Gender, Crime (5th ed.). The Rowman & Littlefield Publishing Group, Inc.

 Britannica. (n.d.) Race. In Britannica.com dictionary. Retrieved October 13, 2021 from https://www.britannica.com/topic/race-human/The-history-of-the-idea-of-race

 Callimachi, R. (2021, July 19). Lost lives, lost culture: The forgotten history of indigenous boarding schools. The New York Times. https://www.nytimes.com/2021/07/19/us/us-canada-indigenous- boarding-residential-schools.html?.?mc=aud_dev&ad- keywords=auddevgate&gclid=CjwKCAjwq9mLBhB2EiwAuYdMtZGhUyBnMogVYglw3y-d9hkqf- 5EcBmD0glISFSt-DaT1GLKQRS19xoCm2wQAvD_BwE&gclsrc=aw.ds

 End the Backlog. (n.d.) Homepage. Retrieved October 15, 2021 from https://www.endthebacklog.org/

 Executive Order 9066, February 19, 1942; General Records of the United States Government; Record Group 11; National Archives. https://www.archives.gov/historical-docs/todays-doc/?dod- date=219

Resources

 Federal Bureau of Investigation. (n.d.). Hate Crimes. https://www.fbi.gov/investigate/civil-rights/hate-crimes

 Federal Bureau of Investigation. (2017, March 7). Using DNA to solve crimes. https://www.justice.gov/archives/ag/advancing-justice-through-dna-technology-using-dna-solve- crimes

 Fujimura, J. H. & Rajagopalan, R. (2011). Different differences: The use of ’genetic ancestry’ versus race in biomedical human genetic research. Soc Stud Sci, 41(1), 5-30.

 Gabbidon, S. L. & Greene, H. T. (2019). Race and Crime (5 ed.). SAGE Publishing.

 Gannon, M. (2016, February 5). Race is a social construct scientists argue. Scientific American. https://www.scientificamerican.com/article/race-is-a-social-construct-scientists-argue/

 Historical foundations of race. (n.d.). Smithsonian. Retrieved October 13, 2021 from https://owl.purdue.edu/owl/research_and_citation/apa_style/apa_formatting_and_style_guide/ref erence_list_electronic_sources.html

 Lynching in America. (n.d.). In PBS American Experience. Retrieved October 26, 2021 from https://www.pbs.org/wgbh/americanexperience/features/emmett-lynching-america/

 Native American History Timeline. (2018, November 27). History.com. Retrieved October 25, 2021 from https://www.history.com/topics/native-american-history/native-american- timeline?li_source=LI&li_medium=m2m-rcw-history

Resources

 Robinson, L. (1933). History of crime statistics (1908-1933). Journal of Criminal Law and Criminology, 24:1, 125-139.

 Noe-Bustamante, L., Flores, A., & Shah, S. (2019, September 16). Facts on Hispanics of Cuban Origin in the United States, 2017. Pew Research Center. https://www.pewresearch.org/hispanic/fact-sheet/u-s- hispanics-facts-on-cuban-origin-latinos/

 Slavery in America. (2009, November 12). History.com. Retrieved October 25, 2021 from https://www.history.com/topics/black-history/slavery

 St. John, P. (2020, December 8). The untold story of how the Golden State Killer was found: A covert operation and private DNA. Los Angeles Times. https://www.latimes.com/california/story/2020-12-08/man-in- the-window

 When America despised the Irish: The 19th century's refugee crisis. (2017, March 16). History.com. Retrieved on October 27, 2021 from https://www.history.com/news/when-america-despised-the-irish-the-19th- centurys-refugee-crisis