[Note: This editorial was published in 2013 as part of a series marking the 150th Anniversary of the Emancipation Proclamation and the 50th Anniversary of the March on Washington. I chose to focus on the Justice System at a time when many mainstream Americans were not paying much attention to it. With the protests following several high-profile police killings, everybody from the President of the United States to John Q Citizen is speaking out on criminal justice issues.]
This year, we are celebrating the 150th Anniversary of the Emancipation Proclamation and the 50th Anniversary of the March on Washington. As African Americans, we are pleased that this country has progressed from the forced enslavement of a race of people to the removal of the Jim Crow laws.
We are also celebrating the reelection of a man of African descent to a second term as President of the United States. There is a lot to celebrate in 2013, but there is still have a lot of work ahead.
One of the areas that that is seriously flawed is the “justice system”. It is commonly known that the U.S. incarcerates more of its citizens than any other industrialized country. The fact that a disproportionate number of the persons convicted and imprisoned are African Americans is troubling.
According to statistics from the Bureau of Justice Statistics (BJS), in 2010, 4,347 out of every 100,000 black males were incarcerated in a state, federal or local facility. This number is seven times higher than the number of white males incarcerated. In 2010, African Americans made up 38 percent of the total state prison population compared to 34 percent whites and 21 percent Hispanics.
When arrest data is compared to prison data, the percentage of blacks in the total arrest numbers (27.8 %) is found to be ten percent lower than the percentage incarcerated. This seems to indicate that blacks are more likely to be convicted and sentenced to incarceration than whites.
An examination of felony conviction data shows that black felony convictions are more likely to result in incarceration than white felony convictions. According to BJS data for 2006, 39 percent of persons convicted on felonies were black and 60 percent were white.
Conviction data show that whites who are convicted are less likely to be incarcerated (66% to 72% blacks). For drug offenses, 72 percent of blacks convicted were incarcerated in 2006 compared to 61 percent of whites. Only 59 percent of whites convicted of drug trafficking were incarcerated compared to 70 percent of blacks. The mean maximum sentence imposed by state courts on white felons was 37 months compared to 42 months for black felons. If violent offenses are isolated, the statistics show that mean maximum prison sentence given to whites was 99 months, but the mean for blacks was 108 months.
Why are such large numbers of blacks in prison? There is the need to drill down into the issue of race and the criminal justice system. One can start with drug offenses. A large percentage of blacks have been incarcerated for drug-related offenses, including drug usage, yet, studies have shown that five times more drug users are white than black.
As long as many see the image of crime as a black man, this country will struggle with addressing race in the criminal justice system. Young black boys will continue to be placed in the prison pipeline beginning with childish pranks or school misbehavior. School discipline must be dealt with by the school system and not the criminal justice system. More must be done to reduce school dropouts because two-thirds of school dropouts are ending up in the criminal justice system.
Some good strides have been made around addressing the drug sentencing problems, but more need to be done. Drug usage and addiction are not criminal justice issues.
As the country reduces incarceration numbers, the issue of returning ex-inmates to the community must be addressed. Barriers to housing and employment, are giving them few legal options as they try to becoming productive citizens. They must automatically receive a restoration of their civil rights or they must be given a clear pathway to restoration.
So as we celebrate the equality and justice anniversaries, let us not lose focus on the justice issues that still loom before us.