Click for next page ( 452


The National Academies | 500 Fifth St. N.W. | Washington, D.C. 20001
Copyright © National Academy of Sciences. All rights reserved.
Terms of Use and Privacy Statement



Below are the first 10 and last 10 pages of uncorrected machine-read text (when available) of this chapter, followed by the top 30 algorithmically extracted key phrases from the chapter as a whole.
Intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text on the opening pages of each chapter. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

Do not use for reproduction, copying, pasting, or reading; exclusively for search engines.

OCR for page 451
9 CRIME AND THE ADMINISTRATION OF CRIMINAL JUSTICE 451

OCR for page 451
- ~ ,~-; 1. Fit ~- James Lesesne Wells Ethers at the Bar of Justice (1928) Linoleum cut Collection of the artist 11 c_

OCR for page 451
- ~ crime and punishment cannot be properly analyzed apart from the larger social, political, and economic con- texts from which they emerge. Black crime and the position of blacks within the nation's system of criminal justice administration are related to past and present social opportunities and disadvantages and can be best understood through consideration of blacks' overall social status. Thus, although this chapter focuses on post-1940 developments, the review considers a broader historical record. The chapter assesses crime and the criminal justice system in terms of three major topics: blacks as defendants and offenders, blacks as victims, and blacks as criminal justice personnel. The investigation begins with a historical sketch of the status of blacks within the criminal justice system. Next, we describe trends in black and white arrest and imprisonment rates over the past few decades and the status of black and white victims of crime. The treatment of blacks arrested and processed through the criminal justice system is then compared with the treatment accorded to whites. Finally, we consider the presence and impact of blacks as personnel in the agencies and institutions ~ , . . . . Ot tile comma justice system. CRIME AND PUNISHMENT Much of the discussion examines the treatment of blacks arrested and processed for violations of the law. Great inequalities in the treatment of blacks and whites in the legal system have been present throughout most of 453

OCR for page 451
A COMMON DESTINY: BLACKS AND AMERICAN SOCIETY the nation's history (Bell, 1980; Higg;inbotham, 1978; Mangum, 1940). Our discussion of such inequalities focuses primarily on the past four de- cades. Changes during this period indicate that previous levels of differential treatment are no longer prevalent. The post-1965 "due process and equal rights revolution" within the criminal justice system and related civil rights reforms have led to substantial scrutiny of alleged racial inequalities in the administration of justice. During the past 25 years there has been an increase in the presence of blacks as criminal justice personnel. This increased presence has a number of important ramifications. The simplest is its indication of the extent to which previous practices that excluded blacks have been altered. Since this change has implications beyond equal employment opportunity, we report on the relation between the increased presence of black personnel and the treatment of blacks as victims, suspects, and defendants. SCOPE AND LIMITATIONS OF THE REVIEW It is important to note what is left out of this review. Nothing is said here concerning civil actions in the legal system. In most instances, the racial and social class inequalities found in the administration of criminal justice have also been evident in "the civil side of the court" (Carlin, 1966~. Like crime, many of the behaviors regulated by such civil proceedings pose significant threats to individual lives and security as well as to the public welfare. Our analysis depends on the availability of reliable data sources, and we focus on a rather limited range of criminal law violations. Much of the statistical analysis uses the crime index of the Federal Bureau of Investigation (FBI), which includes homicide, rape, assault, robbery, larceny, burglary, and automobile theft. The persons who are arrested for these crimes come disproportionately from lower socioeconomic backgrounds. An exclusive focus on these so-called "street crimes" may divert attention from the large volume of crimes that is disproportionately committed by whites and mem- bers of the middle and upper classes, for example, corporate crime, tax evasion, fraudulent financial dealings, and similar offenses (see I. Farley, 1988:271-273). Because index crimes are salient objects of popular fears and are relatively easy to detect, they attract much public attention-a situation that histori- cally has encouraged attributions of criminality to ethnic and racial minori- ties. Such observations are not meant to underemphasize the racial dispro- portions in arrests of persons for index offenses. Rather, we note that equal attention to white-collar crimes and corporate crime might produce a consid- erably different image of the "typical" criminal offender. Our analysis is further affected by the nature of the available empirical investigations. Very few studies of either crime or the administration of justice are longitudinal. In some studies, there are methodological flaws, many of which are noted in our assessment. In addition, few studies consider more than one or two of the decision points of the criminal justice system. 454

OCR for page 451
CRIME AND THE ADMINISTRATION OF CRIMINAL JUSTICE For example, analysts who study arrest decisions often do not examine the behavior of judges and juries. These limitations also emphasize the need for caution in assuming causal links between race and criminal behavior (see Pope, 1979; WolEgang and Cohen, 1970~. They also make it difficult to provide definitive answers to the question of the extent of racial bias in the . . . . .. . aammlstratlon ot Justly. This chapter also does not consider or review certain theoretical issues such as the literature on the correlates and presumed "causes" of criminal behav- ior (except for a brief discussion of the role of alcohol, drugs, and guns in criminal acts). Nevertheless, we emphasize that a majority of the empirical investigations on which we rely acknowledge a linkage between the etiology of crime among blacks, their treatment in the criminal justice system, and their low socioeconomic status. A HISTORICAL PERSPECTIVE During all periods for which systematic data are available, blacks have been overrepresented both as victims and offenders. Before 1940, there is substan- tial evidence that blacks were disproportionately singled out for arrest and punishment. Although such practices have abated over time, the effects of past disproportions extend into the present, influencing both the etiology of crime and negative reactions among blacks toward the criminal justice sys- tem. There are also instances of racial bias in the administration of criminal justice even today. Relatively little is known about black or white crime rates or the compara- tive treatment of black and white offenders prior to the Civil War (Franklin, 1980:138~. Although similarities between slavery and modern criminal jus- tice practices have been noted (Blassingame, 1977; Sellin, 1976), the relative statuses of blacks and whites within the nation's criminal justice system are generally products of the late nineteenth and early twentieth centuries. The modern criminal justice system, especially the elaborate penal system, did not begin to develop in the United States until the early decades of the nineteenth century. During the decades between the end of Reconstruction and 1940, scholarly discourse centered on three observations: (1) the disproportionate represen- tation of blacks within the nation's prisons and jails, especially in the South; (2) the frequent lynching of blacks by white mobs; and (3) the brutal treatment of black prisoners, most often within the chain-gang system. Although arrest statistics are not readily available for this period, imprison- ment data show that in most southern states blacks comprised from 70 to 95 percent of the imprisoned populations (Adamson, 1983:561,565) . For example, in Georgia in 1878, 1,122 of the 1,239 convicts (90.6 percent) were black (Adamson, 1983:565; Green, 1969:282~. Similar ratios were found in South Carolina (Zimmerman, 1947:62) and in North Carolina (Hawkins, 1985: 191~. Not only were high rates of imprisonment the rule, but methods of 455

OCR for page 451
A COMMON DESTINY: BLACKS AND AMERICAN SOCIETY punishment within the penal system also varied by race. In the South, chain- gang labor was used primarily as a punishment for black convicts (Hawkins, 1985; Wharton, 1965:235,240~. It was also a source of cheap black labor for private employers (Daniel, 1972; laynes, 1986:270-271, 306-307~. The mortality rate for all prisoners was high during this period, but it was exceptionally high for black inmates, who were more likely than whites to be exposed to adverse weather conditions and to be beaten and abused by guards (Zimmerman, 1947~. High rates of imprisonment of blacks relative to whites were not confined to the South; they were found in all other major regions and have continued to the present (Christianson, 1981, 1982; Dunbaugh, 1979; Hawkins, 1985~. These and similar data have evoked a persistent question: How much of the gap between black and white rates of reported crime and levels of punishment for crime has been the result of white racial discrimination? Against the background of a long history of lynchings and many publicized instances of miscarriages of justice, many scholars came to question the accuracy of reported levels of black crime. one presence or overt alas In arrests, trials, and sentencing was acknowledged by leading criminologists (e.g., Sellin, 1935) . Nevertheless, by the time of the Myrdal study (1944), a scholarly consensus held that allowing for the effects of discrimination, the rate of criminal activity among blacks was considerably higher than that found among whites. This view was shared by both black and white analysts (see DuBois, 1904; Johnson, 1941; Sellin, 1928~. ~' r . 1 _ CRIMINAL OFFENDERS AND VICTIMS TRENDS IN SERIOUS CRIMES AND IMPRISONMENT Much crime goes unreported by victims and is otherwise undetected. Furthermore, even when crime is detected and brought to the attention of the police a large number of cases are never "cleared" (solved). The clearance rate for some offenses (e.g., burglary, minor assaults, and auto theft) is frequently 30 percent or less (Reid, 1979:63)-which means 70 percent or more of known offenses are never cleared by an arrest. Obviously, for unre- ported crimes and for the vast majority of known offenses that are not cleared, there is no arrest and thus little is known about the social character- istics of the offender. Consequently, to the extent that race or racial bias may be factors in the detection or clearance of crime, official arrest statistics may distort the level of race differences in actual criminal activity. The use of surveys of crime victims is one method that helps to overcome some of the limitations of official arrest statistics. Comparisons of official black-white arrest rates for specific crimes with victims' reports of the race of their assailants do indicate that discrepancies exist. For example, in 1986, 47 percent of rape arresters were black, but only 35 percent of surveyed victims said their attackers were black. However, blacks accounted for 62 percent of 456

OCR for page 451
CRIME AND THE ADMINISTRATION OF CRIMINAL JUSTICE robbery arrests, and 63 percent of surveyed robbery victims identified their assailants as black. It is not known whether the discrepancies that exist are due to biases in survey samples or in arrest statistics, to differential reports of crime to police, or to biases that make blacks more prone to arrest than whites. Beginning in 1930, the federal government began to publish the Uniform Crime Reports (UCR), the first annual, nationwide compilation of arrest data. These annual reports have become the cornerstone of research on crime and criminal justice.) The UCR has provided data on the race of arresters since 1933. Between 1933 and 1940, data from the UCR were used to appraise many widely held presumptions about race, ethnicity, and criminal behavior. In the North, the rate of crime among recent white immigrants was thought to be and sometimes was reported (for local areas) to be substantially higher than that of native whites (see Ferdinand, 1967; Powell, 1966; Warner, 1934; Willbach, 1938, 1940-1941~. Thus, it is not surprising that the initial editions of the UCR contained comparisons among foreign-born whites, blacks, and native-born whites. The data show a steady increase in the rate of crime for all three groups during this period (Myers and Sabol, 1987~. A part of the increase (and of fluctuations) is attributable to changes in the FBI's data-gathering techniques. But the Great Depression era was character- ized by both an actual increase in reported crime and the use of more extensive social control measures. And the relative synchronization in the rates of arrests for blacks and whites suggests that the causal forces that underlie the statistics are very similar for both groups. For this period, the data fail to support the commonly held belief that foreign-born whites were much more likely than native whites to be charged with criminal conduct. Although there were some individual offenses for which foreign-born whites had higher rates at the beginning of the period (homicide, assault, stolen property, weapons possession, and gambling), by 1940, the arrest rates for these offenses for native whites were higher than those of foreign-born whites. However, the data do show higher rates of arrests among blacks than among whites. By 1940, the total rate of arrests for blacks was more than 10 per 1,000 higher than the rate for whites (17 and 6 per 1,000, respectively). Figure 9-1 shows the trends for total arrest rates to 1985 for blacks and whites. Because of changes in recorc~eeping practices during the period, caution should be exercised in comparing pre- 1952 and post-1952 rates. The contrast between black and white arrest rates in these data is striking. There is a strong positive upward movement in both the black and white trends, but whether one looks at the pre- or post-1952 trends, the results are similar: black arrest rates are higher than white rates, and the gap between the two has been widening. In 1978, the arrest rate per 1,000 whites was 1. Recent surveys of criminal victimization indicate that the UCR underestimates the amount of criminal activity in the United States. Although such criticism continues, the UCR remains the most important official source of data on criminal activity in the United States. 457

OCR for page 451
A COMMON DESTINY: BLACKS AND AMERICAN SOCIETY FIGURE 9-1 Total arrest rates, by race, 1933-1985. 110 100 of o o O 60 50 G 90 80 70 40 o: 30 6 20 10 o 1933 1938 1943 1948 1953 1958 YEAR Source: Myers and Sabol (1987). 1963 1968 1973 - -t~T~ l.~ll ~ Tt TY ~ ~ ~ ~ ~ I I I I ~1 Black / ,,,, ~- White ''~` J/ _- _, `, 1 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 my ,,~ - 1978 1983 around 35 while the black rate was almost 100; thus, the white rate in 1978 was comparable to that for blacks during the late 1950s and early 1960s. Trends in arrests for the major index crimes of homicide, rape, robbery, assault, burglary, larceny, and auto theft do not give a comprehensive picture of all black and white crime, but they reveal much about the changing levels of racial differences. As an example, consider the patterns for homicide shown in Figure 9-2. Homicide arrest rates for whites have been relatively stable for much of the entire 1933-1985 period. Black homicide rates, while significantly higher than those for whites, have fluctuated widely from year to year, particularly in recent years (see Brearley, 1932; Farley, 1980; O'Carroll and Mercy, 1986; Shin et al., 1977~. Moreover, black arrests for murder (and nonnegligent manslaughter) have oscillated around two plateaus. One plateau spanned the period from 1933 to 1952 and the second is seen in the 1970s and 1980s. . Rape, robbery, and assault arrest rates also rose sharply for blacks after 1952 (Myers and Sabol, 1987~. Moreover, for most of the period from 1953 until around 1978, the racial gap in arrest rates for these offenses grew. There was also a widening of the racial gap in arrests for burglary, larceny, and auto theft. These economic crimes showed substantial increases for both blacks and whites. During the last decade of this 50-year period, there is evidence that for 458

OCR for page 451
CRIME AND THE ADMINISTRATION OF CRIMINAL JUSTICE FIGURE 9-2 Homicide arrest rates, by race, 1933-1985. 0.40 o ~ 0.35 ILL O 0.30 lo lo 0.25 0.20 IL ~ 0.15 a: LLl ~ 0.10 o 0.05 o ] ~ it, _J Be I,,, I I I I I I I I,, i,,, >,rrrrrn,wr~ I I,,, I,, I, I I I I I I 1933 1938 1943 1948 1953 1958 1963 1968 1973 1978 1983 YEAR Source: Myers and Sabol (1987). some offenses the black-white gap may have peaked and is now constant or narrowing somewhat. This observation applies to homicide, forcible rape, larceny, and robbery. Also, the motor vehicle arrest rate differential has narrowed continuously since the 1970s, and the black-white difference for burglary arrests has decreased since 1975. These changes suggest the possibil- ity that the long-term trend of a widening gap between arrests of blacks and whites for serious (index) offenses may be ending (Hawkins, 1987; Myers and Sabol, 1987). These data suggest several major periods of nonlinear change in the rate of arrests for serious crime among blacks. One period was 1933-1951, which coincided with great upheavals in American social and economic conditions: high unemployment in the Great Depression, unprecedented mobilization of the nation in World War II, and then postwar instability as the economy shifted from military production to the manufacture of consumer goods. There was also a continuation of the migration of blacks to urban centers outside of the South. The second major change occurred during the 1950s. This was a period of rapid black urbanization. Changes in crime data for this period, however, are suspect because of changes in the method of recording arrests. It is difficult to determine whether the downward trend in arrests for both blacks and whites observed during the years immediately after 1951 represents a change in actual criminal behavior or is an artifact of recordkeeping. From 459

OCR for page 451
A COMMON DESTINY: BLACKS AND AMERICAN SOCIETY about 1968 through the late 1970s, there was increased professionalization of police forces and greater expenditures for law enforcement, largely as a result of federal support of such efforts through the Law Enforcement Assis- tance Administration (LEAA). One result was a dramatic increase in the rates of incarceration for all races, particularly after 1970. There were notable changes in the distribution of black arrests during the five decades between 1933 and 1985. For 1933-1951 and 1968-1985, index crimes accounted for a significant fraction (about one-third) of all black arrests; during the 1950s and early 1960s those crimes accounted for only about 15 percent of total criminal activity. There appears to be a recent shift from the violent crimes of murder, rape, and assault toward economic crimes of robbery, burglary, larceny, and auto theft, also placing the most recent period in line with the earliest one. Between 1933 and 1951, arrests for those economic crimes accounted for 25 percent of total black arrests, and from 1968 until 1985, they accounted for 23 percent of all black arrests; for 1952-1967, they accounted for less than 12 percent of all black arrests. For whites, the index crimes accounted for 28 percent of all arrests for 1933- 1951, for 11 percent for 1952-1967, and for 19 percent for 1968-1985 (Myers and Sabol, 1987~. The distribution of arrests among blacks in the post-1968 period is almost exactly the same as the pre-1950s arrest distribu- tion among whites, with more than 70 percent of arrests for nonindex crimes. Nonindex crimes continue to represent a far greater proportion of white arrests than of black arrests. Arrest rates among males of specific ages show some important aspects of the arrest data. For many of the criminal activities discussed (e.g., robbery, burglary, aggravated assault), the average period of individual participation in criminal activity begins during adolescence and lasts only 5-10 years. Indeed, for robbery and burglary, arrest rates peak at about age 17 and then decrease rapidly, falling to one-half the peak rate for people in their mid-20s and to one-quarter for people in their late 30s (Blumstein et al., 1986~. These data imply that overall trends in arrest rates for index crimes are importantly influenced by birth rates and the black-white differences in arrest rates are affected by black-white differences in the age distribution of the respective populations. Thus, the upward trend in arrest rates during the 1960s and 1970s is explained in part by the fact that the baby boom cohorts born in the late 1940s through the 1950s were reaching adolescence during those decades. The decline in fertility rates after 1960 is consistent also with the fall in arrest rates during the early 1980s. In addition, since the black population is younger than the white population, part of the higher arrest rate among males is due to the fact that there is a higher proportion of males aged 15-25 in the black population than there is in the white population. National data reporting incarceration rates in prisons and jails and disaggre- gated by race were not systematically collected for much of the period covered by our study. Available sources also differ in how the data are presented: only prisoners sentenced for felonies are counted during certain 460

OCR for page 451
CRIME AND THE ADMINISTRATION OF CRIMINAL JUSTICE TABLE 9-1 Prison Population, by Race, 1939-1985 Year White Black Percent Black 1939 47,971 17,324 26 1949 38,155 15,640 29 1960 108,920 67,781 38 1974 97,700 89,700 48 1979 161,642 145,383 47 1985 260,847 227,137 46 Notes: Data for 1939 are for all court-received pnsoners or flows during each year. Data for 1949 are for male felony prisoners received Tom courts during each year, including federal and state courts but excluding data for Georgia, Michigan, and Mississippi. Data for 1960 include all nonwhites and are the y~r-end felony population. Data for 197~1985 are for the year-end stock population. Source: Hawkins (1987). years; some statistics represent a count of admissions during a given year; other data are a count of populations-all prisoners confined at the end of a given year. The latter figure is larger, of course, because it represents the cumulative effects of many years of admissions. Each set of data can be used for documenting the status of blacks in comparison to whites. Table 9-1 shows various indices of the racial composition of the nation's prison population for selected years between 1939 and 1985. The data reveal an increase in the percentage of blacks among the nation's prison population since 1960. Between 1933 and 1939, blacks accounted for 24-26 percent of all prisoners received from the courts. For 1943-1950, the percentage of black felony admissions ranged from 27 to 31 percent. By 1960, blacks were 39 percent of the stock felony population, and from 1974 to 1985, blacks accounted for about 47 percent of all persons confined at the end of the year. ALCO HOL, DRUGS, HAN DO UNS, AN D CRIME Because of the connections among drugs, guns, and criminal behavior, differential drug use and gun (especially handgun) availability have been frequently discussed as reasons for the black-white gap in crime rates. Re- cently, drug use and trafficking in the black community have received con- siderable media attention. Researchers are divided, however, as to the role played by alcohol and drug use in the etiology of criminal behavior (see Collins, 1981; Goode, 1984; Inciardi, 1986~. And although the United States has a rate of gun ownership higher than those of most other industri- alized nations (Wright et al., 1983), criminologists remain skeptical about how this condition affects the nation's high level of criminal violence. In this section we assess some possible impacts of alcohol, drugs, and handguns on black-white crime differences. 461

OCR for page 451
A COMMON DESTI NY: BLACKS AN D AMERICAN SOCI ETY law enforcement officials; only in the 1980s did the percentage of blacks in police forces increase considerably more than black representation among attorneys and judges. Although the evidence is scanty, the behavior of black and white judges appears to be similar. There are some suggestions that black law enforcement officials may be somewhat more active disciplinarians. The extent to which the relatively recent changes in personnel may have affected distrust of crim . . . . . lIla )UShCe IS not now Known. Blacks have much higher arrest rates, convictions, and imprisonment rates than whites for criminal offenses. Some part of the differences may be due to bias and the resulting differenua1 treatment, but systematic evidence of discrimination against blacks is not evident. Apparently there is substanna1 variation in discrimination from place to place and over nme. When type and severity of offense are controlled, racial differences in sentencing are less clearly due to overt racial bias than to socioeconomic differences between blacks and whites. Compared with the total population, black Americans are disproportion- ately victims of crime: twice as likely to be victims of robbery, vehicle theft, and aggravated assault, and 6 to 7 times as likely to be victims of homicide, the leading cause of death among young black males. Blacks also suffer disproportionately from injuries and economic losses due to criminal actions. Most black offenders victimize other blacks. But offenders and victims are primarily in different socioeconomic strata. The middle-class and near-poor blacks have greater economic losses due to criminal acts than the black poor or than whites at any income level. Two conclusions seem unavoidable. First, as long as great disparities in the socioeconomic status of blacks and whites remain, blacks' relative depriva- tion will continue to involve them disproportionately in the criminal justice system as victims and offenders. Second, because of this status difference, the degree to which this overrepresentation can be associated with differen- tial treatment by race cannot be precisely determined. These inequalities are rooted in a long history of American black-white relations, but they continue to have major effects on black neighborhoods. High black crime rates perpetuate negative stereotypes and fears of blacks, especially of young males. Criminal behavior and its punishment pose signif- icant barriers to educational excellence and to employment for black youth (Chapters 6 and 7~. Crime also drains the limited economic resources of black communities and deters the expansion of business enterprises within black neighborhoods. REFERENCES Adamson, Christopher R. 1983 Punishment after slavery: southern state penal systems, 1865-1890. Social Problems 30 (June): 555-569. 498

OCR for page 451
CRIME AND THE ADMINISTRATION OF CRIMINAL JUSTICE Albonetti, Celesta A. 1986 Criminality, prosecutorial screening, and uncertainty: toward a theory of discre- tionary decision making in felony case processings. Criminology 24:623-644. Alschuler, Albert 1968 The prosecutor's role in plea bargaining. University of Chicago Law Renew 36:50- 112. 1979 Plea bargaining and its history. Law and Society Review 13:211-245. Austin, Roy L. 1984 The court and sentencing of black offenders. Pp. 167-193 in Daniel Georges- Abeyie, ea., The Criminal/ustice System and Blacks. New York: Clark Boardman. Baldus, David C., Charles Pulaski, and George Woodworth 1983 Comparative review of death sentences. Journal of Criminal Law and Criminology 4:661-753. Banton, Michael 1964 The Policeman in the Community. London: Tavistock. Bayley, David H., and Harold Mendelsohn 1969 Minorities and the Police. New York: Free Press. Bedau, Hugo 1964 The Death Penalty in America. Garden City, N.Y.: Anchor Books. Bell, Derrick A. 1980 Race, Racism and American Law. Boston: Little, Brown. Berk, Sarah Fenstermaker, and Donileen R. Loseke 1980- Handling family violence: situational determinants of 1981 police arrest in domestic disturbances. Law and Society Review 15:317-346. Bernstein, Ilene Nagel, William R. Kelly, and Patricia A. Doyle 1977 Societal reaction to deviants: the case of criminal defendants. American Sociological Review 42:743-755. Black, Donald 1970 Production of crime rates. American Sociological Review 35:733-748. 1971 The social organization of arrest. Stanford Law Renew 23: 1087-1111. 1973 The mobilization of law.JournalofLe~galStudies2:125-149. 1976 The Behavior of Law. New York: Academic Press. Black, Donald, and Albert J. Reiss, Jr. 1967 Patterns of behavior in police and citizen transactions. Pp. 1-139 in U.S. Presi- dent's Commission on Law Enforcement and Administration of Justice, Studies in Crime and Law Enforcement in Mayor Metropolitan Areas, Field Surveys 111. Vol. 2. Washington, D.C.: U.S. Government Printing Office. 1970 Police control of juveniles. American Sociological Review 35:63-77. Blassingame, John 1977 The Slave Community. New York: Oxford University Press. Blumberg, Abraham S. 1967 The practice of law as a confidence game: organizational cooptation of a profes- sion. Law and Society Review 1:15-39. Blumstcin, Alfred 1982 On the racial disproportionality of United States' prison populations. jrournal of Criminal Law and Cnminolo~, 73: 1259-1281. Blumstein, Alfred, Jacqueline Cohen, Susan E. Martin, and Michael H. Toury, eds. 1983 Research onSentencin,g: The Search for Reform. Vols. IandII. Panelon Research on Sentencing, Committee on Research on Law Enforcement and the Administration of Justice, National Research Council. Washington, D.C.: National Academy Press. Blumstein, Alfred, Jacqueline Cohen, Jeffrey A. Roth, and Christy A. Visher, eds. 1986 Criminal Careers and Career Criminals. Vol. 1. Panel on Research on Criminal 499

OCR for page 451
A COMMON DESTINY: BLACKS AND AMERICAN SOCIETY Careers, Committee on Research on Law Enforcement and the Administration of Justice, National Research Council. Washington, D.C.: National Academy Press. Bowers, William J., and Glenn L. Pierce 1980 Arbitrariness and discrimination under post-Furman capital statutes. Crime and Delinquency 26:563-635. Brearley, Harrington Cooper 1932 Homicide in the United States. Chapel Hill: The University of North Carolina Press. grimmer, Andrew 1975 The outlook for black business. Black Entertmse 5(June):24-27. Brown, Lee P. 1988 Crime in the black community. Pp. 95-113 in Janet Dewart, ea., The State of Black America. New York: National Urban League. Caplovitz, David 1968 The Poor Pay More. New York: Free Press. Carlin, Jerome E. 1966 Cull Justice and the Poor: Issues for Sociological Research. New York: Russell Sage Foundation. Carroll, Leo, and Margaret E. Mondrick 1976 Racial bias in the decision to grant parole. Law and Society Renew 11(Fall):93-107. Christianson, Scott 1981 Our black prisons. Crime and Delinquency 27:364 375. 1982 Disproportionate Imprisonment of Blacks in the United States: Policy, Practice, Impact and Change. Paper prepared for the National Association of Blacks in Criminal Justice, Washington, D.C. Church, Thomas W., Jr. 1976 Plea bargains, concessions and the court: analysis of a quasi-experiment. Law and Society Red 10:377-401. 1978 Justice Delayed. Williamsburg, Va.: National Center for State Courts. Collins, James J., Jr., ed. 1981 Drinking and Crime: Perspectives on the Relationships Between Akohol Consumption and Criminal Behavior. New York: Guilford Press. Cooney, Mark 1987 Racial Discrimination in Police-Citizen Encounters: A Review of the Empirical Literature. Paper prepared for the Committee on the Status of Black Americans, National Research Council, Washington, D.C. Daniel, Pete 1972 The Shadow of Sb~oe~y: People in the Sauth 1901-1969. Urbana: University of Illinois Press. Davis, Kenneth C. 1971 Discretiona~y]ustice. Urbana: University of Illinois Press. DuBois, W. E. B., ed. 1904 Some notes on Negro crime, particularly in Georgia. Exceedings of the Ninth Atlanta Conference for the Study of the Negro B~otolems. Atlanta, Gal: Atlanta Univer- sity Press. Dunbaugh, Frank M. 1979 Racially disproportionate rates of incarceration in the United States. Prison Law Monitor 1(March):205, 219-222. Eisenstein, James, and Herbert Jacob 1977 Felony]ustice: An Organizational Analysis of Criminal Courts. Boston: Little, Brown. Parley, John E. 1988 Majority-Minority Relations. Englewood Cliffs, N.J.: Prentice-Hall. 500

OCR for page 451
CRIME AND THE ADMINISTRATION OF CRIMINAL JUSTICE Ferdinand, Theodore N. 1967 The criminal patterns of Boston since 1849. American Journal of Sociology 73:84- 99. Franklin, John Hope 1980 From Slavery to Freedom: A History of Negro Americans. New York: Alfred A. Knopf. Friedrich, Robert lames 1977 The Impact of Organizational, Individual and Situational Factors on Police Behav- ior. Unpublished Ph.D. dissertation. Department of Political Science, University of Michigan. Fusfield, Daniel R., and Timothy Bates 1984 The Political Economy of the Urban Ghetto. Carbondale: Southern Illinois University Press. Fyfe, James J. 1981 Race and extreme police-citizen violence. Pp. 89-108 in R. L. McNeeley and Carl E. Pope, eds., Race, Crime, and Criminal]?~stice. Beverly Hills, Calif.: Sage Publications Inc. 1982 Blind justice: police shootings in Memphis.JournalofCriminalLaw and CriminoF out 73:707-722. Garfinkel, Harold 1949 Research note on inter- and intra-racial homicides. Social Farces 27:369. Georges-Abeyie, Daniel 1984 A black district attorney's view of criminal court: an interview with Mr. Howard Stewart, assistant district attorney, Dauphin County, Pennsylvania. Pp. 219-223 in Daniel Georges-Abeyie, ea., The Criminal]?vstice System and Blacks. New York: Clark 13oardman. Goldkamp, John S. 1976 Minorities as victims of police shootings: interpretations of racial disproportional- ity and police use of deadly force. Justice System~onrnal 2:169-183. Goode, Erich 1984 Dn~s in American Society. New York: Alfred A. Knopf. Green, Edward 1964 Inter- and intra-racial crime relative to sentencing. Journal of Criminal Law, Cnm- inolo,gy and Police Science. 5 5 (3) [September]: 348-3 5 8 . Gross, Samuel R., and RDbert Mauro 1984 Patterns of death: an analysis of racial disparities in capital sentencing and homi- cide victimization. Stanford Law Review 37:27-153. Hagan, John 1974 Extra-legal attributes and criminal sentencing. Law and Society Reriew 8:357-383. Hagan, John, and Kristin Bumiller 1983 Making sense of sentencing: a review and critique of sentencing research. Pp. 1- 54 in A. Blumstein, J. Cohen, S. E. Martin, and M. H. Tonry, eds., Research on Sentencing: The Search for Reform. Vol. II. Panel on Research on Sentencing, Committee on Research on Law Enforcement and the Administration of Justice, National Research Council. Washington, D.C.: National Academy Press. Harding, Richard W., and Richard P. Fahey 1973 Killings by Chicago police, 1969-1970: an empirical study. Southern Galifornior Law Renew 46:28~315. Hardy, Kenneth A. 1983 Equity in court dispositions. Pp. 183-207 in Gordon P. Whitaker and Charles D. Phillips, eds., Eval~atir~ Pe~fownance of Criminal Justice Agencies. Beverly Hills, Calif.: Sage Publications Inc. 501

OCR for page 451
A COMMON DESTINY: BLACKS AND AMERICAN SOCIETY Hawkins, Darnell F. 1983 Black-white homicide differentials: alternatives to aninadequate theory. Criminal Justice and Beholder 10:407-440. 1985 Black homicide: the adequacy of existing research for devising prevention strate- gies. Crime and Delinquency 31(January):83-103. Hawkins, Darnell F., ed. 1986 Homicide Amok Black Americans. Lanham, Md.: University Press of America. 1987 Paper prepared for the Committee on the Status of Black Americans, National Research Council, Washington, D.C. Hepburn, John R. 1978 Race and the decision to arrest: an analysis of warrants issued. Journal of Research in Crime and Delinquency 15:5~73. Higginbotham, A. Leon, Jr. 1978 In the Matter of (dolor. New York: Oxford University Press. Illinois Criminal Justice Information Authority 1987 Spatial and temporal analysis of crime. Research Bulletin No. 87-89, April. Chi- cago. Inciardi, James A. 1986 The War on Drums: Heroin, Cocaine, and Public Policy. Palo Alto, Calif.: Mayfield. Jackson, Pamela 1., and Leo Carroll 1981 Race and the war on crime: the non-southern U.S. cities. American Sal Review 46(TuneN 29()-~().R ~ \, , ~ Jacobs, David 1979 Inequality and police strength: conflict and coercive control in metropolitan areas. American Sociological Review 44(December):913-925. Jacobs, J., and L. Kraft 1978 Integrating the keepers: a comparison of black and white prison guards in Illinois. Social Problems 25:304-318. Jaynes, Gerald David 1986 Branches Without Roots: Genesis of the Black Working Class in the American South, 1862-1882. New York: Oxford University Press. Johnson, Elmer H. 1957 Selective factors in capital punishment. Social Forces 36:165-169. Johnson, Guy B. 1941 The Negro and crime. Annals of the American Academy of Political and Social Science 217(September3 :93-104. Kania, Richard R. E., and Wade C. Mackey 1977 Police violence as a function of community characteristics. Criminology 15:27~8. Kephart, William M. 1957 Racial Factors and Urloan Law Enforcement. Philadelphia: University of Pennsylvania Press. Kleck, Gary 1981 Racial discrimination in criminal sentencing: a critical evaluation of the evidence with additional evidence on the death penalty. Amencan Sociological Renew 46:783- 805. Klepper, Steven, Daniel Nagin, and Luke-Jon Tierney 1983 Discrimination in the criminal justice system: a critical appraisal of the literature and suggestions for future research. Pp. 55-128 in A. Blumstein, J. Cohen, S. E. Martin, and M. H. Tonry, eds., Research in Sentencing: The Search for Reform. Vol. II. Panel on Research on Sentencing, Committee on Research on Law Enforce- ment and the Administration of Justice, National Research Council. Washington, D.C.: National Academy Press. 502

OCR for page 451
CRIME AND THE ADMINISTRATION OF CRIMINAL JUSTICE Knoohuizen, Ralph, Richard P. Fahey, and Deborah J. Palmer 1972 Police and Their Use of Deadly Force in Chicano. Evanston, Ill.: Chicago Law Enforce- ment Study Group. Knowles, Louis L., and Kenneth Prewitt 1972 Racism in the administration of justice. Pp. 13-27 in C. E. Rasons and J. L. Kuykendall, eds., Race, Crime, and]ustice. Pacific Palisades, Calif.: Goodyear. LaFree, Gary D. 1980 The effect of sexual stratification by race on official reactions to rape. American Sociological Renew 45:842 - 854. Langan, Patrick A. 1985 Racism on trial: new evidence to explain the racial composition of prisons in the United States. Journal of Criminal Law and C,r~minol~av 7f~-6f~f~-f~8?, Lemert, Edwin M., and Judy Roseberg ~-vat 1948 The administration of justice to minority groups in Los Angeles County. Univer- sity of California Publications in Culture and Society I. Lewis, William G. 1987 Toward Representative Bureaucracy: An Assessment of Black Representation in Police Bureaucracies. Preliminary results of Ph.D. dissertation research. Published in Public Administration Reriew 49:257-268. Liska, Allen E., Joseph J. Lawrence, and Michael Benson 1981 Perspectives on the legal order: the capacity for social control. American Journal of Sociology 87(September):413-426. Liska, Allen E., Mitchell B. Chamlin, and Mark D. Reed 1985 Testing the economic production and conflict models of crime control. Social Forces 64:119-138. Lundman, Richard J. 1974 Routine police arrest practices: a commonwealth DerSDective. Social Problems 22: 127-141. ~ _ ~_ . . 1 1: lY/Y Organizational norms and police discretion: an observational study of police work with traffic law violators. Criminology 17:159-171. Mangum, Charles S. 1940 The Legal Status of the Negro. Chapel Hill: University of North Carolina Press. Mather, Lynn M. 1979 Plea Bar,gainir~g or Trial? The Process of Criminal Case Disposition. Lexington, Mass.: Lexington Books. Matsueda, Ross L., and Karen Heimer 1987 Race, family structure and delinquency: a test of differential association and social control theories. American Sociological ~v 52:826-840. Maynard, Douglas W. 1984 Inside Plea Ba,rgainin,g: The Lange of Negotiation. New York: Plenum Press. McCoy, Candace 1984 Determinate sentencing, plea bargaining bans, and hydraulic direction in Califor- nia. Justice System~o?~rnal 9:256-275. McGa~rell, Edmund F., and Timothy J. Flanagan, eds. 1985 So?~rcebook of Criminal Justice Stat~stics-1984. Washington, D.C.: U.S. Government Printing Office. Mendelsohn, Robert A. 1971 Police-community relations: a need in search of police support. Pp. 159-174 in Harlan Hahn, ea., Police in Urban Society. Beverly Hills, Calif.: Sage Publications Inc. Meyer, Marshall W. 1980 Police shootings at minonties: the case of Los Angeles. Annals of the Amman Academy of Political and Social Science 452:98-110. 503

OCR for page 451
A COMMON DESTINY: BLACKS AND AMERICAN SOCIETY Michalowski, Raymond J. 1985 Order, Law and Crime: An Introduction to Criminolo,gy. New York: Random House. Miethe, Terance D. 1987 Prosecutonal charging and plea bargaining practices under determinate sentencing: an investigation of the hydraulic displacement of discretion. Journal of Criminal Law and Criminolo,gy 78~1~:155-176. Milton, Catherine H., Jeanne Wahl Halleck, James Lardner, and Gary L. Abrecht 1977 Police Use of Deadly Force. Washington, D.C.: Police Foundation. Moore, Mark 1988 Dim Traf~ckin,g. Cnme File Study Guide, National Institute of Justice, U.S. Department of Justice. Washington, D.C.: U.S. Government Printing Office. Myers, Martha A. 1979 Offended parties and official reactions: victims and the sentencing of criminal defendants. Sociolo,gical Quarterly 20:529-540. Myers, Samuel L., Jr., and William J. Sabol 1987 Crime and the Black Community: Issues in the Understanding of Race and Crime in America. Paper prepared for the Committee on the Status of Black Americans, National Research Council, Washington, D.C. Myrdal, Gunnar 1944 An American Dilemma: The Metro Problem and Modern Democracy. New York: Harper and Brothers. Nardulli, Peter F. 1978 The Courtroom Elite: An Organizational Approach. Cambridge, Mass.: Ballinger. National Advisory Commission on Civil Disorders 1968 Fairport of the National Advisory Commission on Civil Disorders. New York: Bantam. National Minority Advisory Council on Criminal Justice 1980 The Inequality of Justice: A Repart on Crime and the Administration of Justice in the Minority Community. Office of Justice Assistance, Research, and Statistics. Wash- ingon, D.C.: U.S. Department of Justice. Neubauer, David W. 1974 Cnminal/?~stice in Middle America. Morristown, N.J.: General Learning Press. O'Brien, Robert M. 1987 The interracial nature of violent crimes: a reexamination. American Journal of Sociology 92 (January) :817-835. O'Carroll, Patrick W., and James A. Mercy 1986 Patterns and recent trends in black homicide. Pp. 29-42 in Darnell F. Hawkins, ea., Homicide Amok Black Americans. Lanham, Md.: University Press of America. Owens, Charles E. 1987 Blacks and the Criminal Justice System. Paper prepared for the Committee on the Status of Black Americans, National Research Council, Washington, D.C. Pastor, Paul A., Jr. 1978 Mobilization in public drunkenness control: a comparison of legal and medical approaches. Social Problems 25:373-384. Paternoster, Raymond 1983 Race of victim and location of crime: the decision to seek the death penalty in South Carolina. Journal of Criminal Ink and Criminolo,gy 74:754-785. 1984 Prosecutorial discretion in requesting the death penalty: a case of victim-based racial discrimination. Law and Society Review 18:437-478. Petersilia, Joan 1983 Racial Disparities in the C"minal]~st~ce System. R-2947-NIC. Santa Monica, Calif.: Rand Corporation. 504

OCR for page 451
CRIME AND THE ADMINISTRATION OF CRIMINAL J USTICE Petersilia, Joan, and Susan Turner 1985 Guideline-Based Justice: The Implications for Racial Minorities. R-3306-NIC. Santa Monica, Calif.: Rand Corporation. Piliavin, Irving, and Scott Briar 1964 Police encounters with juveniles. American Sociological Review 70:206-214. Pope, Carl E. 1979 Race and crime revisited. Crime and Delinquency (July):347-357. Powell, Elwin H. 1966 Crime as a function of anomie. Journal of Criminal Law, Criminology, and Police Science 57:161-171. Quinney, Richard 1970 The Social Reality of Crime. Boston: Little, Brown. Radelet, Michael L. 1981 Racial characteristics and the composition of the death penalty. American Sociolo~- ical Renew 46:918-927. Radelet, Michael L., and Glenn L. Pierce 1985 Race and prosecutorial discretion in homicide cases. Law and Society Renew 19:587- 621. Reid, Sue Titus 1979 Came and Criminology. New York: Holt, Rinehart & Winston. Reiss, Albert J., Jr. 1972 The Police and the Public. New Haven: Yale University Press. Reiss, Albert J., Jr., and David J. Bordua 1967 Environment and organization: a perspective on the police. Pp. 25-55 in David Bordua, ea., The Police: Six Sociological Essays. New York: John Wiley & Sons. Roizen, Judy 1981 Alcohol and criminal behavior among blacks: the case for research on special populations. Pp. 207-252 in James J. Collins, Jr., ea., Drinking and Crime: Perspectives on the Relationships Between Alcohol C`rns?~mption and Criminal Behead. New York: Guilford Press. Rose, Harold M., and Donald R. Deskins, Jr. 1986 Handguns and homicide in urban black communities: a spatial-temporal assess- ment of environmental scale differences. Pp. 69-100 in Darnell F. Hawkins, ea., Homicide Among Black Americans. Lanham, Md.: University Press of America. Sellin, Thorsten 1928 The Negro criminal: a statistical note. Annals of the Academy of Political Emil Social Science 140:52-64. 1935 Race prejudice in the administration of justice. American Journal of Sociology 41:312- 317. 1976 Slavery Ad the Penal System. New York: Elsevier. Sherman, Lawrence W. 1980 Execution without trial: police homicide and the Constitution. Vanderbilt Law Renew 33:71-100. Sherman, Lawrence W., and Robert H. Langworthy 1979 Measunng homicide by police officers. Journal of Criminal I^w and Criminology 70:546-560. Shin, Yongsock, D. Jedlicka, and Everett S. Lee 1977 Homicide among blacks. Phylan (December): 399~06. Skolnick, Jerome H. 1966 Justice Without Trial: Law Enforcement in Democratic Society. New York: John Wiley & Sons. 1968 The Police and the Urban Ghetto. Chicago: American Bar Foundation. 505

OCR for page 451
A COMMON DESTI NY: BLACKS AN D AMERICAN SOCI ETY Smith, Douglas 1987 Police response to interpersonal violence: defining the parameters of legal control. Social F:orces 31:468-481. Smith, Douglas, and Jody R. Klein 1983 Police agency characteristics and arrest decisions. Pp. 63-95 in G. P. Whitaker and C. D. Phillips, eds., Evaluating Performance in Criminal Solstice Agencies. Beverly Hills, Calif.: Sage Publications Inc. 1984 Police control of interpersonal disputes. Social Problems 31 :468-481. Smith, Douglas, Christy A. Visher, and Laura A. Davidson 1984 Equity and discretionary justice: the influence of race on police arrest decisions. Journal of Criminal Law and Criminolo,gy 75 :234-249. Spohn, Cassia, John Gruhl, and Susan Welch 1981- The effect of race on sentencing: a re-examination of an unsettled question. Law 1982 and Society Review 16:71-80. Thomson, Randall J., and Matthew T. Zingmff 1981 Detecting sentence disparity: some problems and evidence. American Journal of Sociology 86:869-880. Uhlman, Thomas M. 1979 Racial Justice: Black ] - es and Defendants in an Urban Trial Court. Lexington, Mass.: Lexington Books. U.S. Bureau of Justice Statistics 1984 Criminal Victimization in the U.S., 1983. Washington, D.C.: U.S. Government Printing Office. U.S. Department of Justice 1978 Determinate Sentencing: Reform or Regression? Summary Report of a Special Confer- ence held June 2-3, 1977, at the School of Law, University of California, Berke- ley. National Institute of Law Enforcement and Criminal Justice, Law Enforce- ment Assistance Administration. Washington, D.C.: U.S. Government Printing Office. 1983 Report to the Nation on Crime and Justice. Washington, D.C.: U.S. Government Printing Office. Warner, Sam B. 1934 Crime and Criminal Statistics in Boston. Cambridge, Mass.: Harvard University Press. Welch, Susan, John Gruhl, and Cassia Spohn 1984 Dismissal, conviction, and incarceration of Hispanic defendants: a comparison with Anglos and blacks. Social Science~arterly 65:257-264. 1985 Convicting and sentencing differences among black, Hispanic, and white males in six localities. Justice Quarterly 2:67-80. Welch, Susan, Michael Combes, and John Gruhl 1988 Do black judges make a difference? American Journal of Political Science 32(February): 126-136. Wharton, Vernon Lane 1965 The Negro in Mississippi 1865-1890. New York: Harper & Son. Wilbanks, William 1987 The Myth of a Racist Criminal Justice System. Monterey, Calif.: Brooks/Cole Pub- lishing Company. Willbach, Harry 1938 The trend of crime in New York City. Journal of Criminal Law, Criminolo,gy, and Police Science 29(1):62-75. 1940- The trend of crime in Chicago. Journal of Criminal I^w, Criminolo,gy, AL Police 1941 Science 31(6):720-727. 506

OCR for page 451
CRIME AND THE ADMINISTRATION OF CRIMINAL JUSTICE Wish, Eric D. 1987 Drug Use Forecasting: New York, 1984 to 1986. Research in Action, National Institute of Justice, U.S. Department of Justice, Washington, D.C. 1988 Drug Testing Crime File Study Guide. National Institute of Justice, U.S. Depart- ment of Justice, Washington, D.C. Wish, Eric D., and Bruce D. Johnson 1986 The impact of substance abuse on criminal careers. Pp. 52-88 in A. Blumstein, J. Cohen, J. A. Roth, and C. A. Visher, eds., Criminal Careers and Career Criminals. Vol. 2. Panel on Research on Criminal Careers, Committee on Research on Law Enforcement and the Administration of Justice, National Research Council. Washington, D.C.: National Academy Press. Wolfgang, Marvin, and Bernard Cohen 1970 Crime and Race: Conceptions and Misconceptions. New York: Institute of Human Relations Press. Wolfgang, Marvin E., and Marc Riedel 1973 Race, judicial discretion, and the death penalty. Annals of the American Academy of Politicaland Social Science 407:119-133. Wright, Bruce 1987 Black Robes, White]?~stice. Secaucus,N.J.: Lyle Stuart, Inc. Wright, James D., and Linda Marston 1975 The ownership of means of destruction: weapons in the United States. Social problems 23~0ctober):93-107. Wright, James D., Peter H. Rossi, and Kathleen Daly 1983 Under the Gun: Weapons, Crime arid Violence in America. New York: Aldine. Male Law~o?~rnal, eds. 1967 Interrogations in New Haven: the impact of Miranda. Yale Law~o?~rnal 76:1519- 1648. Zatz, Marjorie S. 1985 Pleas, priors and prison: racial/ethnic differences in sentencing. Social Science Re- search 14:169-193. 1987 The changing forms of racial/ethnic biases in sentencing. fo?`rnal of Research in Crime and Delinquency 24:69-92. Zatz, Marjorie S., and Kathleen A. Cameron 1987 Racial Disparities in Prosecutorial Decisions and Plea Bargaining. Paper prepared for the Committee on the Status of Black Americans, National Rescarch Council, Washington, D.C. Zatz, Marjorie S., and Alan J. Lizotte 1985 The timing of court processing: toward linking theory and method. Criminology , 23:313-335. Zeisel, Hans 1981 Race bias in the administration of the death penalty: the Florida experience. Harvard Law Reriew 95:456-468. Zimmerman, Hilda J. 1947 Penal Systems and Penal Reforms in the South Since the Civil War. Unpublished Ph.D. dissertation. Department of History, University of North Carolina, Chapel Hill. Zimring, Franklin E., Joel Eigen, and Sheila O'Mailley 1976 Punishing homicide in Philadelphia: perspectives on the death penalty. University of Chic~o Law Renew 43:227-252. 507

OCR for page 451