Opinion
Drug enforcement racist?
Looking for a print version?
Simply use your browser’s ‘Print’ command and a printer-friendly document will be generated automatically.
Also by Suchita Shah:
- Grad speakers sorely lacking (April 30, 2008)
- Onus for funds on UW students (April 23, 2008)
- Arts education gravely ignored (April 16, 2008)
- Multicultural groups enrich campus community (April 9, 2008)
- EPA not able to crack the whip (April 2, 2008)
Sharing tools:
E-mail this article:
The Mifflin Street Block Party isn’t the only reason why arrest statistics were making the news recently. The Sentencing Project and Human Rights Watch, two non-governmental organizations, released independent studies this week lambasting Wisconsin as the state with the highest racial disparity in incarceration rates. University of Wisconsin sociology professor Pam Oliver reported that in 1996, African-Americans were 218 times more likely to be locked up for a drug offense compared to a white offender. 218! It begs the question: Why is there this disproportion in imprisonment?
The easy explanation would be minorities simply commit more crimes than whites. But it’s also the wrong answer. The Wisconsin Sentencing Commission concluded in 2004 that differential treatment accounts for up to 60 percent of the racial disparity in the criminal justice system. And it just so happens that we in Wisconsin are the best at being the worst in this area. Ms. Oliver wrote in a 2001 Wisconsin State Journal column that blacks are 13 times as likely to be incarcerated in this state. These facts are indicative of underlying problems of inequality and, well, racism. The process is not necessarily intentionally so, but the implementation of “justice” in our system is effectually and inherently racist.
At every step, the cards are stacked against people of color. Racial profiling and bias in arrests. Sentencing inconsistencies on the part of judges. Parole decisions. The statistics are particularly scary when it comes to the “war on drugs,” as the Dane County numbers show. But hey, we’re making progress. As of 2007, Dane County had racial disparities in incarcerating drug offenders of only 97-to-1!
I’m not a statistician, but I’m pretty sure 97-to-1 is still significant — and still a travesty.
President Nixon’s war on drugs was well-intentioned, but it has amplified and exacerbated existing racial disparities. It contributes to inequities while providing little in actual results. Sure, the arrests for drug-related crimes have increased since 1980. But the arrest rate has increased 225 percent for blacks, compared to 70 percent for whites. Yet whites are the majority of drug offenders, according to Human Rights Watch. The Wisconsin Sentencing Commission found 61 percent of Hispanics and 60 percent of African-Americans charged with va crime were imprisoned for a mid-level drug offense, compared to just 30 percent of whites committing similar crimes.
Even to a casual observer, the numbers just don’t make sense. There shouldn’t be these stark racial incongruencies in incarceration rates — but there are. Why?
One cause of the racial disparity is the sentencing guidelines for drug offenses. Crack is more prevalent than cocaine in lower-income, minority communities. Selling five grams of crack gets you a five-year, federally mandated minimum sentence. But you have to sell 500 grams of cocaine (the same thing as crack except powdered and present in more affluent neighborhoods) to get that same five-year punishment.
Now, I’m sure the government didn’t set out and say, “Hey, let’s target minorities with this rule.” However, its effects are basically doing the talking for them. The process itself is flawed.
And personal bias does play into the equation, although we all may wish it didn’t. Darrell Steffensmeier, a sociologist at Pennsylvania State University, found that young black males are sentenced more harshly than any other group. Intentionally or unintentionally, judicial discretion in sentencing has only amplified the existing racial disparity in our criminal justice system.
All the blame cannot be placed on the system or the individuals within it, though. One generation in jail, the next generation disadvantaged and the next one turning to crime because there is no other option. An oversimplification of the problem, yes, but it illustrates the importance of immediate reform. As Ms. Oliver put it, racial disparity in the justice system is merely a symptom, not the diagnosis.
Obviously, education and economic growth are key to halting this cycle of crime — in any population, not just in specific ethnic groups. And rehabilitation will ease the burden on our taxed corrections system. We should shift the focus away from a “war on drugs” and toward treatment and prevention. Judges should explore alternative sentencing options for nonviolent offenders.
The corrections system must seriously consider where the problems start. Where does the
racial disparity begin? Is it when an officer decides to arrest or not to arrest? When the district attorney files charges or doesn’t? When the judge or jury recommends a sentence? When the offender is up for parole?
We have to ask where the disparities start before we are able to answer where they will end. Until we do, our corrections program will continue to be a criminal “injustice” system.
Suchita Shah (sshah@badgerherald.com) is a senior majoring in neurobiology and will always be a Badger. On Wisconsin!
23 Comments | Leave a comment
Leave a comment
Herald Blogs
The Beat Goes On
Muckrakers
President’s Visit Marked a Speech to One of the Last Groups Not Critical of Him
Extra Points
Top Classified Ads (view all)
HOUSES FOR Fall 2010. All houses are on W Dayton or N Bassett. 3, 4, 5, 6, 7, or 8 bedrooms. All have parking. madisoncampusrentals.com
Perception, my dear, perception. If an “African American” shows up to court in an oversized outfit consisting of a Bulls jersey, Timberland boots, and jeans around his knees, he’ll certainly be sentenced more harshly than the choirboy who shows up in a respectful suit, tie and combed hair.
There’s one thing that judges hate more than criminals: disrespectful criminals.
I know this is your last column so I’ll be nice in my critique:
Your first and second paragraphs are way too long. Nobody is going to read it, I couldn’t even make it through it and I actually have something resembling an interest in this topic.
What kind of a goodbye column is this?
Posing 1 question in the context of a column is usually poor form and I just straight up lost count on this one.
Is this an opinion or a questionnaire? I don’t need to hear someone raise a bunch of questions that, in all honesty, aren’t even that difficult to answer.
Yeah, some people get the brunt of the system harder than others, yeah some people abuse the system to attack minorities, that all happens. But it doesn’t mean our system is substantively unfair, especially when you’ve given me no reason to believe that (see the litany of questions you’ve posed without answers).
Which by the way is an answer to many of these questions. Truth in Sentencing took what was a normal disparity and made it much worse by sending people back to prison when they couldn’t live up to the conditions of their “extended supervision.”
AND lastly, because I think this quote pretty much summarizes your subpar work for this entire semester:
“Now, I’m sure the government didn’t set out and say, ‘Hey, let’s target minorities with this rule.’”
I’m not going to start on how poorly written that is…
Suchita, good article although I do think it is a little misdirected. You make the assertion that there is not as big a disparity as it may seem when it comes to actually comitting the crimes. I do not think this holds true. Minorities clearly commit crimes at a MUCH higher rate than whites. What must be asked is not, what can we change about the legal system to make this better, but what can we change about our society that leaves these people with so few choices besides crime?
In every country in the world, minorities and immigrants commit crimes at a rate higher than the average population. The reason is simple; they are not given the normal standards of the average person. If we invest in our inner-city schools, urban infrastructure, and make low-income housing not only more accesible but more desirable, you will begin to see the crime rate disparity shift.
“If an “African American” shows up to court in an oversized outfit consisting of a Bulls jersey, Timberland boots, and jeans around his knees, he’ll certainly be sentenced more harshly than the choirboy who shows up in a respectful suit, tie and combed hair.”
The word you’re looking for is not perception, it’s preconception, and it’s really at the heart of this problem, as you unintentionally illustrate.
“Minorities clearly commit crimes at a MUCH higher rate than whites.”
And what are you basing this on? Arrest records? If cops use their discretion to stop 10 black people for every 1 white person, which race do you think is going to have a higher rate of arrest? Racial profiling or “targeted enforcement” creates a self-fufilling prophecy - minorities are targeted more because minorities are arrested more because minorities are targeted more.
Doesn’t take a rocket scientist to see how such a situation can stilt statistical results and create a perception that minorities must be committing more crimes. The reality is simply that white people are getting away with more crimes.
Suchita, it’s so like you to have that generic ending “On Wisconsin!” That’s how you did it. Congrats on med school, but I do not envy how you sold out any sort of personal opinion to get there.
Aren’t most blacks arrested for crimes against other blacks? Should they only be arrested for crimes against whites? That doesn’t sound right.
11:15, I don’t see the difference.
Perception: someone dressed like this is disrespectful to authority, therefore must be inclined to criminal behavior.
Preconception: someone dressed like this is a criminal.
Different route, same destination.
“And what are you basing this on? Arrest records? If cops use their discretion to stop 10 black people for every 1 white person, which race do you think is going to have a higher rate of arrest? Racial profiling or “targeted enforcement” creates a self-fufilling prophecy - minorities are targeted more because minorities are arrested more because minorities are targeted more.”
the only problem with that is the racial breakdown of people arrested is not any different than the race reported by victims of crime. Somehow I dont think victims of crime are lying to the cops about the race of the perpetrators of the crimes against them
This article has been done so many times before (and so much better.)
As usual, a “play it safe” editorial from Suchita that poses more questions than the courage to answer them.
You are all idiots.
Your overall point is right. The deck is stacked against African Americans, from the way our statutes on drug crimes are listed (crack brings much greater penalties than powder cocaine) to enforcement rates (anyone who claims that a black guy and a white guy engaged in the same activity are equally likely to be arrested is a denier or insane).
However, there are certain other societal factors that add to this. African Americans in America, especially in Wisconsin, tend to be clustered in a few areas with higher levels of police enforcement. Namely Milwaukee in Wisconsin. There isn’t the same level of enforcement in, say, even Eau Claire, a city of approximately 100,000 people.
That said, there are major flaws in our justice system that do penalize African Americans simply for being African American, and those flaws need to be corrected.
It was Reagan who kicked off the war on drugs, not Nixon
Men make up 95% of the prison population, so following your line of thought, the criminal justice system must be sexist as well!
3:26:
Your comment neglects to account for victimless crimes. The major victimless crime is drug usage. During the time I spent working in the criminal justice system, I can tell you that the majority of cases I saw were drug cases (usually possession for use or small scale possession for sale).
According to HHS Office of Applied Statistics, drug usage between whites and minorities are very similar (6.8% for whites, 6.9% for blacks, and 5.8% for Mexicans- the stats are broken down by Hispanic subgroups and there is no weighted composite number).
Despite almost identical rates of use, black men are sent to prison on drugs charges at 13 times the rate of white men.
These statistics make it quite clear that there is a racial disparity between drug use and incarceration for drug use. Hopefully this makes you realize how naive and incomplete your rather incoherent comment is.
“a few areas with higher levels of police enforcement. Namely Milwaukee in Wisconsin.”
Yer right, we will never win that war. The police should be withdrawn and let nature take it’s course. I’m sure it will all be sweetness and light without those nasty PO-lice sticking their noses in the peoples biz-niss.
Is the War on Drugs going to last as long as the War in Iraq? Did congress ever formally declare a war on drugs, or is this another example of a Vietnam-style “police action”?
The congress critters of all stripes have almost all been drug warriors from the beginning. Might as well ask who of them is anti-MADD.
The reason more African-Americans are prosecuted for drug crimes than whites comes done to how they do business. Of the African-Americans that do deal drugs, they tend to do so out in public. While whites tend to do business either in their home or someone else’s.
This is only taken from my personal experiences. I’ve bought a lot of pot in my lifetime from both Whites and blacks (African-American is to long to type every time) and it always bothered me that I had to me one of my black dealers in public when I could just head over to one of my white dealers house.
5:03,
I think that was one of the stupidest things Ive ever read on one of these posts. Because the ONE black drug dealer that you know in the ONE town that you bought it in made you meet him outside means that ALL black drug dealers EVERYWHERE do the same?! God your stupid…lay off the bong my man.
The massive amount of damage done by the Wiscinsin judiciary on the youth of Wisconsin. It is hard not to be outraged. The police, district attorneys, and judges are perverts ofd the law. Helping themselves. A few greedy people hurting a lot of good people. Mainly through extortion (plea barganing) putting tens of thousands of good honest people in jail. Truth, justice, honor, and integrity are no longer a factor in Wisconsin courts. Wisconsin is one step behind the kkk. We have the jjj or judges, judges, judges, hanging anyone they can
dude chill man, comparing judges to the klan is just ignorant. sure the US has a problem with the justice system, but what are YOU doing to fix it?