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The Color of Justice
RACE, ETHNICITY, AND CRIME IN AMERICA

Sixth Edition

SAMUEL WALKER
University of Nebraska at Omaha

CASSIA SPOHN
Arizona State University

MIRIAM DELONE
Fayetteville State University

The Color of Justice: Race,

Ethnicity, and Crime in

America, Sixth Edition

Samuel Walker, Cassia Spohn,
Miriam DeLone

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iii

About the Authors

SAMUEL WALKER is Professor Emeritus at the University of Nebraska at
Omaha, where he taught for 31 years. He has published 14 books on criminal
justice history and policy, policing, police accountability, and civil liberties. In
addition to his writings, he speaks and consults widely on police accountability
issues. In January 2015, he was invited to testify before the President’s Task Force
on 21st Century Policing. The Task Force accepted in part his recommendation
for eliminating offensive language by police officers in encounters with the pub-
lic. He also testified before the U.S. Commission of Civil Rights regarding the
national police–community relations crisis. Professor Walker’s primary research,
writing and consulting interests involve federal investigations of civil rights viola-
tions by police departments. He is quoted frequently in the national news media
on this issue. He also continues his interest in early intervention systems for police
departments, and the effectiveness of those systems for identifying officer perfor-
mance problems. Finally, Professor Walker has developed an expertise on police
unions and union contract provisions that impede holding officers accountable
for their conduct.

CASSIA SPOHN is a Foundation Professor and Director of the School of Crim-
inology and Criminal Justice at Arizona State University. She received her PhD
in political science from the University of Nebraska-Lincoln. She is the author
or coauthor of seven books, including Policing and Prosecuting Sexual Assault: Inside
the Criminal Justice System, which was published in 2014. Her research interests
include prosecutorial and judicial decision making, the intersections of race, eth-
nicity, crime and justice, and sexual assault case processing decisions. In 2013, she
received ASU’s Award for Leading Edge Research in the Social Sciences and was
selected as a Fellow of the American Society of Criminology.

MIRIAM DELONE has a PhD in Criminology from the College of Criminol-
ogy and Criminal Justice at Florida State University. She is currently Professor of

iv A B O U T T H E A U T H O R S

Criminal Justice at Fayetteville State University. Dr. DeLone is currently serving
as Interim Associate Dean of the College of Arts and Sciences. She is working
on projects with Dr. Greg DeLone, Associate Professor of Public Administration
at Fayetteville State University, that recognize the intersectionality of race, ethnic,
gender, and class in order to offer effective crime prevention from a public health
perspective. Dr. DeLone has published in the areas of race, ethnicity and sentenc-
ing, as well as, the political economy of crime. Her publications appear in the
Journal of Quantitative Criminology, Social Problems, Justice Quarterly, Criminal Justice
Review, and Journal of Ethnicity in Criminal Justice. She is an active member of the
American Society of Criminology and past Editor of The Criminologist.

v

A B O U T T H E A U T H O R S iii

P R E FA C E xviii

1 Race, Ethnicity, and Crime: American’s Continuing Crisis 1

2 Victims and Offenders: Myths and Realities about Crime 43

3 Race, Ethnicity, Social Structure, and Crime 113

4 Justice on the Street? The Police and People of Color 149

5 The Courts: A Quest for Justice during the Pretrial
Process 197

6 Justice on the Bench? Trial and Adjudication in Criminal
Court 251

7 Race and Sentencing: In Search of Fairness and Justice 293

8 The Color of Death: Race and the Death Penalty 359

9 Corrections in America: A Portrait in Color 419

10 Minority Youth and Crime: Minority Youth in Court 461

11 The Color of Justice 511

S E L E C T E D B I B L I O G R A P H Y 521

I N D E X 547

Brief Contents

vii

A B O U T T H E A U T H O R S v

P R E FA C E xvii

1 Race, Ethnicity, and Crime: American’s
Continuing Crisis 1

The National Race Crisis, 2014–2016 1

Race, Ethnicity, and Justice in America 3

Is Discrimination Just a Myth? 4

Objectives of the Book 6

The Colors of America: Racial and Ethnic Categories 8

The Official U.S. Census Categories 9

Race 10

Ethnicity 11

Problems with Traditional Racial and Ethnic Categories 13

Problems with Criminal Justice Data on Race

and Ethnicity 20

Case Study: How Many People Are Shot and Killed

by the Police? 20

Counting Race and Ethnicity in Criminal Justice Data 21

The Crime and Immigration Controversy 22

Sorting Out the Facts on Immigration 23

The Immigration and Crime Controversy 24

Problems with Immigration Enforcement 25

Contents

viii C O N T E N T S

“Insecure Communities”: The Impact of Immigration Enforcement

on the Hispanic Community 26

The Geography of Racial and Ethnic Justice 27

Disparity versus Discrimination 28

Disparity 28

Discrimination 29

The Problem of Unconscious Bias 30

The of Discrimination 31

The Discrimination–Disparity Continuum 31

A Theoretical Perspective on Race, Ethnicity, and Crime 33

Alternative Theories 34

Conclusion 35

Discussion Questions 35

Notes 36

2 Victims and Offenders: Myths and Realities
about Crime 43

Media and Crime 44

Racial Hoaxes 44

Race and Gender of Crime Victims 45

A Broader Picture of the Crime Victim 47

The National Crime Victimization Survey 49

Household Victimization 51

The Effect of Urbanization 52

Personal Victimization 53

The Effects of Urbanization 55

Prevalence of Crime Victimization 59

Lifetime Likelihood of Victimization 61

Homicide Victimization 62

Summary: A More Comprehensive Picture of the Crime Victim 64

Picture of the Typical Offender 64

Official Arrest 67

Problems with UCR Data 68

Arrest Data 70

Perceptions of Offenders by Victims 76

Problems with NCVS Offender Data 76

Perceptions of Offenders 76

Self-Report Surveys 79

ixC O N T E N T S

Problems with Self-Report Surveys 79

Characteristics of Offenders 80

Theoretical Explanations for the Racial Gap in Offending 80

Community Influence on the Racial Gap in Offending Rates 81

Drug Offenders 83

Mass Shooting Offenders 84

Summary: A Picture of the Typical Criminal Offender 86

Crime as an Intraracial Event 87

National Crime Victimization Survey 87

Uniform Crime Report Homicide Reports 88

Summary 88

Crime as an Interracial (Hate) Event 88

Ethnic Youth Gangs 94

Gang Myths and New Realities 95

Varieties of Ethnic Street Gangs 99

African American 99

Native American 99

Asian American 100

Hispanic 101

White 101

Conclusion 102

Discussion Questions 103

Notes 104

3 Race, Ethnicity, Social Structure, and Crime 113

A Snapshot of Coming Home from Prison: Social Inequality

and Criminal Justice 114

Inequality and Crime 115

It’s Not Just the Criminal Justice System 115

Inequality in America: Long-Term Trends and the Recession 116

Two Societies? 116

Economic Inequality 117

Income 117

Wealth 118

The “Family Thing”: Emergency Assistance and Inheritance 121

The Growing Gap between the Very Rich and

the Rest of Americans 121

Unemployment 122

x C O N T E N T S

Poverty Status 124

Insurance Coverage 124

Social Capital and Cultural Capital 125

The Debate over the Underclass 127

Community Social Structure 128

Residential Segregation 128

“Distressed Communities”: The Growing Gap

in Community Well-Being 129

Crime and Neighborhood Deterioration 129

Well-Being 131

Theoretical Perspectives on Inequality and Crime 131

Social Strain Theory 132

Applying the Theory 133

Differential Association Theory 133

Applying the Theory 133

Social Disorganization Theory 134

Applying the Theory 135

Culture Conflict Theory 136

Applying the Theory 136

Conflict Theory 137

Applying the Theory 137

Routine Activity Theory 137

Applying the Theory 138

The Limits of Current Theories 138

Inequality and Social Reform 139

The Impact of the Civil Rights Movement 140

Conclusion 142

Discussion Questions 142

Notes 143

4 Justice on the Street? The Police and People
of Color 149

Unequal Justice? The National Police Crisis 150

The Post-Ferguson Events 150

A Long History of Conflict 151

A Contextual Approach to Policing Communities

of Color 151

The African-American Community 151

xiC O N T E N T S

The Hispanic Community 152

The Native American Community 152

Asian, Native Hawaiian, and Pacific Islanders 153

The Arab-American Community 153

Public Attitudes about the Police 154

How Police Officer Conduct Shapes Attitudes 156

Police Use of Deadly Force 156

The Lack of National Data on Police Shootings 157

Patterns in Police Shootings 157

Controlling Police Use of Deadly Force 159

The Role of Unconscious Bias in Police Shootings 160

Does Skin Tone Matter? 160

“Police Brutality”: Police Use of Physical Force 161

What Is “Police Brutality?” 161

The Prevalence of Force and Excessive Force 161

Race, Police–Community Relations, and Disrespect

for the Police 162

Force in Traffic and Pedestrian Stops 163

The Control of Police Use of Force 164

De-Escalation: A New Approach to Reducing Police

Use of Force 165

Discrimination in Arrests? 166

Arrests and the War on Drugs 167

Traffic Stops: Racial Profiling 169

Profiling Contexts 170

The Data on Traffic Enforcement 171

“A Deep Racial Chasm”: The Experience of Traffic Stops 172

Legitimate and Illegitimate Use of Race and Ethnicity in Policing:

The PERF Model Policy 173

Eliminating Bias in Traffic Enforcement 174

How Formal Policies Can Reduce Bias in Stops and Searches:

The Case of the Customs Bureau 175

The Stop and Frisk Controversy 176

The Problem of Stereotyping and Routine Police Work 177

Verbal Disrespect and Abuse 177

Police Officer Attitudes versus Institutional Practices 178

Police Corruption and Communities of Color 178

Improving Police–Community Relations 179

xii C O N T E N T S

Citizen Complaints against the Police 180

Citizen Oversight of the Police 182

Police Employment Practices 182

“Not Your Father’s Police Department” 182

Trends in African-American and Hispanic Employment 183

Discrimination in Assignment 184

Does the Composition of a Police Department Make

a Difference? 185

Do Officers of Color Perform Better? 185

Conclusion 186

Discussion Questions 187

Notes 188

5 The Courts: A Quest for Justice during
the Pretrial Process 197

African Americans in Court: The Case

of the Scottsboro Boys 198

The Situation Today 200

Decisions Regarding Counsel and Bail 202

Racial Minorities and the Right to Counsel 202

Racial Minorities and Bail Decision Making 212

Charging and Plea Bargaining Decisions 224

Prosecutors’ Charging Decisions 224

Prosecutorial Discretion in the Context of Mandatory

Minimum Sentences and Habitual Offender s 228

The Effect of Offender Race and Victim Race

on Charging Decisions 229

Prosecution of Pregnant Women Who Abuse Drugs:

Racial Discrimination? 234

Race and Plea Bargaining Decisions 236

Conclusion 239

Discussion Questions 239

Notes 241

6 Justice on the Bench? Trial and Adjudication
in Criminal Court 251

Race/Ethnicity and the Criminal Trial 252

Trial and Adjudication in the Twenty-First Century 252

xiiiC O N T E N T S

Selection of the Jury Pool 255

Racial Discrimination in Selection of the Jury Pool 255

The Exclusion of Mexican Americans from Jury Service 257

Techniques for Increasing Racial Diversity of the Jury Pool 259

The Peremptory Challenge: Racial Profiling in the

Courtroom? 263

The Supreme Court and the Peremptory Challenge:

From Swain to Batson and Beyond 265

Race and Jury Selection in the Twenty-First Century 274

Exonerating the Innocent: Rape, Race, and Mistaken

Eyewitness Identification 277

Rape, Race, and Misidentification 278

Playing the “Race Card” in a Criminal Trial 279

Race-Conscious Jury Nullification: Black Power

in the Courtroom? 284

Randall Kennedy’s Critique 286

Conclusion 287

Discussion Questions 288

Notes 288

7 Race and Sentencing: In Search of Fairness
and Justice 293

Race and Sentencing: Is the United States Moving

Forward or Backward? 294

Racial Disparity in Sentencing 296

Five Explanations for Racial Disparities in Sentencing 297

Empirical Research on Race and Sentencing 300

Reviews of Recent Research 300

When Does Race/Ethnicity Matter? 303

Race/Ethnicity and Sentencing: Direct and Indirect Effects 304

Are Hispanics Sentenced More Harshly Than

All Other Offenders? 306

Are Illegal Immigrants Sentenced Differently Than

U.S. Citizens? 307

Are Asian Americans Sentenced More Leniently Than

All Other Offenders? 310

Native Americans and Sentencing Disparity: Disparity in

State and Federal Courts 311

Race/Ethnicity, Gender, Age, and Employment:

A Volatile Combination? 312

xiv C O N T E N T S

Differential Treatment of Interracial and Intraracial Sexual

Assault 316

Offender–Victim Race and Sentences for Sexual Assault 319

The Effect of Race on Sentencing for Various Types

of Crimes 323

The Liberation Hypothesis and Offenders Convicted

of Violent Felonies 324

Racial Discrimination in the Sentencing of Misdemeanor

Offenders? 326

Sentencing and the War on Drugs 327

Racial Disparities in Sentences Imposed for Drug Offenses 328

Sentencing of Drug Offenders in State Courts 330

Sentencing of Drug Offenders in Federal Courts 335

Racial Minorities and Cumulative Disadvantage 337

Recent Research: The Effect of Skin Tone on Punishment 338

Summary: Research on Race and Sentencing 339

Does It Make a Difference? A Comparison of the Sentencing

Decisions of African American, Hispanic, and White Judges 339

Decision Making by African-American and White Federal

Judges 341

Decision Making by African-American

and White State Court Judges 343

Reasons for Similarities in Decision Making 345

Conclusion 347

Discussion Questions 348

Notes 349

8 The Color of Death: Race and the Death Penalty 359

The Constitutionality of the Death Penalty 361

Furman v. Georgia 361

Post-Furman Decisions 363

Attitudes toward Capital Punishment 364

Race and the Death Penalty: The Empirical Evidence 368

Statistical Evidence of Racial Disparity 368

Pre-Furman Studies 374

Post-Gregg Studies 378

Race and the Federal Capital Sentencing Process 387

Explanations for Disparate Treatment 391

xvC O N T E N T S

McClesky v. Kemp: The Supreme Court and Racial
Discrimination in the Application of the Death Penalty 392

The Aftermath of McCleskey: Calls for Reform or Abolition

of the Death Penalty 397

The Racial Justice Act 398

The Death Penalty in the Twenty-First Century 400

The Movement to Reform the Death Penalty 402

The Movement to Abolish the Death Penalty 403

Conclusion 406

Discussion Questions 407

Notes 408

9 Corrections in America: A Portrait in Color 419

The Incarcerated: Prison and Jail Populations 423

Minority Overrepresentation 423

Intersectionality with Gender and Age 425

Security Level of Facilities 428

Historical Trends 430

Conclusion 431

Race, Ethnicity, and Recidivism 431

The Age of Mass Incarceration 432

Offender Reentry 433

Community Corrections 434

Parole: Early Release from Prison 434

Success and Failure on Parole 436

Probation: A Case of Sentencing Discrimination? 437

Community Corrections: A Native American Example 438

Adjustment to Prison 443

Hostility among Released Inmates 445

Prisoner Visitation and Successful Reentry 446

Race and Religion 446

Prison Gangs 448

Aryan Brotherhood 449

Black Guerilla Family 450

Mexican Mafia 450

Neta 450

Texas Syndicate 451

Women in Prison 453

xvi C O N T E N T S

Conclusion 454

Discussion Questions 454

Notes 455

10 Minority Youth and Crime: Minority Youth
in Court 461

The Juvenile Population in the United States 463

Young Racial Minorities as Victims of Crime 464

Property Crime Victimization 464

Violent Crime Victimization 465

Victimization of Young African-American Girls 468

Homicide Victimization 469

Young Racial Minorities as Offenders 470

Juvenile Arrests 471

Juveniles of Color and the Police 477

Race/Ethnicity and the Juvenile Justice System 481

Race/Ethnicity, Gender, and Age: Juvenile Justice

in Nebraska 493

Transfer of Juveniles to Criminal Court 495

Explaining Disparate Treatment of Juvenile Offenders 498

Juveniles under Correctional Supervision 500

Conclusion 501

Discussion Questions 502

Notes 503

11 The Color of Justice 511

Explaining Persistent Racial and Ethnic Disparities 513

Explaining the Disparities: Systematic Discrimination? 514

Past and Present 515

The Stubborn Persistence of Racial and Ethnic Disparities 516

Notes 518

S E L E C T E D B I B L I O G R A P H Y 521

I N D E X 547

xvii

B
eginning with the highly publicized shooting of Michael Brown in Ferguson,
Missouri, on August 9, 2014, the United States has been in the midst of a

national crisis over policing and race. Deaths of African Americans at the hands of
the police, followed by angry protests, have been regular occurrences. The situa-
tion took another dramatic turn in July 2016 with the deliberate assassination of
police officers in Dallas, Texas, and Baton Rouge, Louisiana. The national crisis is
not confined to the police. The refusal of grand juries in Ferguson and other cities
to indict police officers on criminal charges has raised a related controversy over
how the courts deal with racial issues. Additionally, the United States continues to
stand alone internationally because of its enormous prison population, and what
critics label the policy of “mass incarceration.”

Since the first edition of The Color of Justice 20 years ago, this book has
addressed the key issues related to race, ethnicity, and crime. Over that period,
there have been many changes. Crime dropped significantly across the country,
although in the last year or two homicides have risen in a number of large cit-
ies. Immigration emerged as a national political controversy. Public opinion on
imprisonment has also been changing. Beginning around 2009 the prison popu-
lation began a small but notable decline, reversing the imprisonment boom that
began in the 1970s. Finally, attitudes toward the death penalty have begun to
change, and the number of executions has fallen. The sixth edition of The Color
of Justice continues to provide the most up-to-date information on this contin-
ually changing subject. The book includes some information that became avail-
able only weeks before the manuscript went to the printer.

This edition of The Color of Justice continues to address the multira-
cial and multiethnic character of American society and even expands that cover-
age. There is a significantly growing body of information on the fastest-growing
minority segment of the American population and the Hispanic and Latino com-
munities, and this edition incorporated this new knowledge. The coverage of
other racial and ethnic groups has also been expanded.

Preface

xviii P R E F A C E

Finally, and particularly important, The Color of Justice continues to pro-
vide a critical perspective on all the controversial issues related to race, ethnicity,
and criminal justice. Much of what appears in the news media is incomplete or
even wrong. The Color of Justice will help readers gain a clear and fact-based
understanding of the controversial issues of police shootings, racial profiling, pat-
terns of criminal behavior and victimization, the prosecution of offenders, plea
bargaining, and the death penalty. By the end of the book, readers will be able
to knowledgeably discuss the difficult issues of racial or ethnic disparities in how
people are treated and whether or not there are patterns of discrimination.

O R G A N I Z AT I O N

This book is divided into eleven chapters. The organization is designed to guide
students through a logical exploration of the subject, beginning with a discussion
of the broader social context for race and ethnicity in American society and then
moving to the different components of the criminal justice system: police, courts,
corrections, the death penalty, and juvenile justice.

N E W T O T H I S E D I T I O N

For the sixth edition, we have significantly updated research and included the
most current statistics available, particularly regarding Hispanic groups. We have
also included material on some of the most important recent developments in the
field—racial profiling in the context of homeland security, for instance, as well
as hate crime legislation, the disproportionate attention given to crime victims
according to race, minority youth victimization rates, the intersection of race and
domestic violence, the impact of the financial crisis on the criminal justice system,
and much more:

■ Chapter 1, “Race, Ethnicity, and Crime,” has been revised to reflect changes
in the state of the racial and ethnic composition of the United States and
how those changes affect the criminal justice system.

■ Chapter 2, “Victims and Offenders,” includes a reexamination of media
depictions of crime victims, especially the race of victims, and also includes
expanded discussions of environmental racism, immigration and crime, and
additional theoretical perspectives on the causes of criminal violence and
hate crime.

■ Chapter 3, “Race, Ethnicity, Social Structure, and Crime,” features the
most recent data on the social and economic status of African Americans,
Hispanics, and white Americans. Particular attention is paid to the impact

xixP R E F A C E

of the economic recession that struck the nation in 2008 and the growing
inequalities of income and wealth in America.

■ Chapter 4, “Justice on the Street,” covers the national police crisis that began
in 2014 and the public response. There is important new information of
police shootings. Attention is given to the issue of procedural justice, one of
the most important new concepts in policing. It also covers the recommen-
dations of the 2015 President’s Task Force on 21st Century Policing. Finally,
some of the promising innovations regarding police accountability designed
to curb police misconduct are covered.

■ Chapter 5, “The Courts,” includes new material reflecting recent research on
the relationship between race/ethnicity, pretrial detention, and sentencing,
as well as a discussion of the treatment of illegal immigrants in federal courts
and expanded coverage of the ways in which race and ethnicity influence
prosecutorial charging and plea bargaining decisions. It also includes a dis-
cussion of the Duke Lacrosse case and the case of the Jena Six.

■ In Chapter 6, “Justice on the Bench,” there is expanded coverage of race
and ethnicity in the jury selection process, with a focus on the 2010 report
by the Equal Justice Initiative that documented disparities in eight southern
states. There also is a new section on racial profiling in the courtroom, which
examines the use of cultural stereotypes of the Hmong people.

■ In Chapter 7, “Race and Sentencing,” there are new sections on sentenc-
ing illegal immigrants and Asian Americans in federal courts, as well as new
material on Devah Pager’s work on the “mark of a criminal record” and a
discussion of unconscious racial bias among judges. Chapter 7 also includes
new research exploring the direct and indirect effects of race and ethnicity
on sentencing in state and federal courts.

■ Chapter 8, “The Color of Death,” covers the decline in the use of the
death penalty. It also covers gendered racism in the use of the death penalty,
updated material on Supreme Court decisions that affect the use of capital
punishment, and a discussion of the racial justice acts that have been recently
enacted. Also in Chapter 8 is a new section focusing on race and the proba-
bility of execution.

■ Chapter 9, “Corrections in America,” addresses the issue of “mass incarcer-
ation.” There is updated information on federal and state …

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