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Americans? (Hickey, 2021) provided the opposing opinions of whether there is a systemic
difference between how blacks and whites are treated by the law. African Americans constitute
12.2 percent of the American population, but they account for 40 percent of the incarcerated
population. The large number of African Americans incarcerated in relation to their percentage
within the population gives rise to the question are they more likely to commit certain crimes or
are they being sentenced more harshly? Kim Farbota argued that the differences in how black
and white Americans are treated by the criminal justice system are compounded with each
successive phase of the process, increasing the likelihood of incarceration for African Americans.
In contrast, Patrick Worrall asserted that the evidence of incarceration rates based on race
indicate that blacks are simply more likely to commit certain crimes and denied mass
discrimination within the criminal justice system. According to the Marshal Project however, the
vast racial disparity in incarceration rates between black and white Americans has been
narrowing over the last two decades. They theorized that crime, arrests, and incarceration have
declined across the board. Additionally, the war on drugs has shifted focus away from crack
towards marijuana, methamphetamines, and opioids which more often have been associated with
whites. The last decade has also seen a decline in socioeconomic status of many white
Americans, increasing the white crime rate. Lastly, they theorized that criminal justice reform in
cities has positively contributed to reducing the disparity between white and black incarceration
rates.
Kim Farbota pointed to the fact that individuals living in urban neighborhoods are more
heavily policed to explain the discrepancy between incarceration rates. Blacks are more likely
than whites to live in urban areas where people live in close proximity, making it easier for
police to monitor and catch crimes as they happen. White Americans mostly live in suburban or
rural areas and while they may commit the same crimes as black people, their risk of being
caught are lower due to living in a less densely populated area. Farbota also described the
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importance of being able to afford a reputable attorney since an arrest does not necessarily equate
to a conviction. The socioeconomic status of black Americans and their trial outcomes may be
related. She also provided evidence that race, without any other confounding factors, was a key
determinant in incarceration rates. In one region, blacks were incarcerated 51 percent of the time
while whites were incarcerated 38 percent of the time. She acknowledged the part that poverty,
geography, and less educational and career opportunities play in the cycle of incarceration,
joblessness, and poverty that plagues the black community. However, she asserted that the
incarceration gap was due to several contributing factors and condemned explanations that rely
on cultural deficiencies as racist.
Patrick Warroll disagreed entirely with Farbota. He dissected the following statement:
“It’s important to note that black men commit nearly half of all murders in this country, which is
astounding when you take into consideration the fact that they only make up 12–13 percent of
the population” (James, 2014). He asserted that since blacks were disproportionately likely to
commit violent crime, they were essentially placing themselves in the line of fire and justifying
police killings of black Americans. Blacks are seven times more likely than whites to commit
homicide and six times as likely to be victims of homicide. He discussed the possibility that race
is confused with poverty or inequality since black people are more likely to offend due to being
more disadvantaged than the average white American. A study conducted in Clevland, OH found
that reductions in poverty led to reductions in offending in the same manner in both black and
white communities. This would indicate that poverty, not race, is the biggest factor in offending.
He concluded that evidence does not support mass discrimination within the criminal justice
system.
Reaction
Historically, racial inequality within the American justice system can be traced back to
past and current neighborhood conditions. The revolving cycle of the effects of inequality can
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produce a continual involvement with the criminal justice system, leading to further poverty and
racial disparity. This persistent feedback loop has been severely impacting communities and
neighborhoods for too long. Criminal justice reforms need to address social as well as racial
inequalities. Western & Smith estimated that 62% of African American children whose parents
have not completed high school will experience the incarceration of a parent by the age of 17
(2018). The effects of losing a parent to the criminal justice system goes beyond loss of income.
It increases the risk of child homelessness, aggressive behavior, depressive symptoms, and
diminished school achievement. Parental support is diminished even after release due to
economic instability and decreased job opportunities. Children who have grown up with an
incarcerated mother or father were less likely to seek medical treatment when necessary, were
more likely to abuse drugs and alcohol, and engaged in risky sexual behaviors. Studies have
shown the large ripple effect of incarceration on families and communities. The racial disparity
gap in America is perpetually continuing generation after generation and the most vulnerable are
those within African American neighborhoods. Funding should be provided to federal and state
agencies that provide community driven programs that improve safety and reduce interaction
with the criminal justice system. Residents of lower income communities can be given initiatives
to partake in violence prevention programs and to build rapport with law enforcement.
Additionally, the most impacted communities should be engaged as partners in policy design and
implementation.
I was angry to read that people can believe there is an innate flaw and a tendency towards
violence inborn in an entire race. To believe a biological determinant is responsible for crime
within the African American community without considering how their lower socioeconomic
environment influences their behavior is simply racist. There is zero scientific evidence to
support that assumption. Biology plays a role in behavior, of course, but behavior is not
predetermined and the effects of what happens as an individual grows up is much more important
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in determining their path (Bonta & Andrews, 2017). It is beliefs like this that further the divide
between white and black Americans. The violent subculture theory creates a “them vs. us”
mentality and causes exclusion from mainstream society. Exclusion leads to lowered self-esteem,
motivating individuals to find social inclusion among other excluded peers, often criminal
groups. When an individual associates with delinquent peers, they open themselves up to the
opportunity to learn antisocial and criminal behaviors. The cycle of aggression continues when
the excluded group targets the mainstream individuals who rejected them. In this way, theories
like violent subculture promote a self-fulfilling prophecy in which outsiders are treated like
criminals and so they become criminals to adjust for damage to self-esteem.
My role as a Christian influenced by reaction of anger towards people who chose to
believe African Americans are incarcerated at higher rates because they are genetically inferior.
Scripture teaches us that God created humanity in His image which makes each person valuable
and precious. Jesus came so that all of humanity could be saved, not only those he deemed
worthy based on a hierarchy of race. Racism is contradictory to everything Jesus taught, His
command to love our neighbors, and His unconditional love. It could be argued that only the
Israelites were God’s chosen people but in truth, God’s love extended to every nationality of
humanity. Galatians 3:28 says, “There is neither Jew nor Greek, there is neither slave nor free,
there is no male and female, for you are all one in Christ Jesus” (English Standard Version Bible,
2009). Paul challenged the church of Galatia to consider how Jesus united humanity as brothers
and sisters despite differences in ethnicity or nationality. Just as Jesus sent His disciples into the
world to spread the Gospel so that all could have the opportunity for eternal life, we must also
spread awareness so that every socioeconomic class can experience racial equality.
Conclusion
I would definitely recommend this article. The issue of racial disparity within the
American criminal justice system is anything but black and white. There are many interacting
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factors that contribute to the inequalities black Americans face. This article speaks to the
extremes of systemic racism and genetic inferiority, but it also explores the more likely problems
black communities face. Poverty and the challenges that come with it create the environment for
criminal behavior, regardless of race. Evolution of policy is important but arguably more
important is the education of the public about the benefits of creating a more level playing field
for all Americans. Something we can all agree on is that violent crime is never welcome in any
community. We should be able to work together to increase the quality of life within black
communities, in order to reduce violent crime and halt the cycle of incarceration. This would
benefit every American.
References
Bonta, J., & Andrews, D. A. (2017). The Psychology of Criminal Conduct. (6th ed.) Routledge.
English Standard Version Bible: Containing the Old and New Testaments with Apoc-
rypha. (2009). Oxford University Press.
Hickey, T. (Ed). (2021). Psychology of Criminal Behavior. McGraw-Hill.
Western, B., & Smith, N. (2018). Formerly incarcerated parents and their children. Demography,
55(3), 823–847. https://doi.org/10.1007/s13524-018-0677-4
