Racial Discrimination, Racial Profiling, and African Americans

Summary: Discuss social conflict theory, next generation effect, racial discrimination, racial profiling, and disproportionate effect on the criminal racial statistics in regards to the United States African American population.

Below we will discuss topics like social conflict theory, next generation effect, racial discrimination, racial profiling, and disproportionate effect on the criminal racial statistics in regards to the United States African American population.

Currently African Americans represent around 13% of the population of the United States. Yet, they represent over 30% of the criminal population. Over the years, many sociologists have proposed various reasons for this disparity, including racism. Racism or racial discrimination is “discrimination or prejudice based on race”. Modern day racism can take many forms, including racial profiling.

Racial Profiling is “any police or private security practice in which a person is treated as a suspect because of his or her race, ethnicity, nationality, or religion. It is important to note that personality profiling and FBI profiling are very different types of profiling techniques and to not involve race. In a recent study racial profiling statistics done by New York Civil Liberties Union, analysts looked at the stop-and-frisk activity between January 2006 and September 2007. Out of 867,617 stops, police stopped 94,530 whites and 453,042 blacks, even though the whites outnumber blacks in New York City; overall, 21.1% of the black population was stopped, while only 2.6% of the white population was stopped. Motorists have given this police racial profiling a name—“driving while black (or brown),” or DWB.

Whenever a larger percentage of a minority population segment is targeted, then that segment of society will have proportionately higher chances of being caught when criminal activity does occur. For example, if ten percent of each race commits crimes, but if a minority is targeted for increased police scrutiny, then more of the minority population would be captured committing a criminal act.

Additionally, there are other factors which could factor into the larger-than-expected African American criminal population. Inner city and other poor areas are often targeted by police. These areas tend to be over-crowded, with drug deals occurring on street corners. While drug dealing can not be linked primarily to one community, it is easier to spot drug deals happening outside. So while drug deals might take place inside suburban homes, those crimes tend to be better hidden. Because these low-income communities are often home for minorities, this can cause a disproportionate effect on the criminal racial statistics.

Additionally, the type of drug found by police can affect the jail sentence. Crack cocaine, a type more commonly found in lower income areas, only requires possession of 5 grams in order to receive a 5 year prison sentence. However, possession of 500 grams of powered cocaine is required to receive the same prison sentence. This policy often causes unfair sentencing for those in lower-income areas.

Another reason as to why more African Americans are more likely to be convicted is due to a lack of money or access to legal resources. Caucasian offenders often can afford better lawyers, seek expert testimonies when needed, or even pay for their own treatment programs. This can give them an advantage in the legal system over poorer defendants.

Under the “social conflict theory,” the disparity of income levels in a capitalist society can foster criminal behavior. In this theory, punishment reflects the values of the “segment of society that has achieves power and is willing to use the criminal justice system as a tool to keep that power”. So some crimes, such as burglary, are punished more severely than other so-called white collar crimes, such as embezzlement. For property offenses, “minorities were considerably more likely to receive jail terms”.

Another factor is the next generation effect. Once a family loses a parent due to incarceration, then the children are more likely to feel a loss of social status and shame. The family loses financial support, often resulting in moving into less desirable neighborhoods. Without a support system of family and neighbors in place, often the children then become the next generation of criminals.

In many states, a criminal record also results in the loss of voting privileges. It is estimated that 1 in 4 African Americans have lost their right to vote. This reduces the overall political stance of African Americans, as well as the ability to influence politicians who create the laws for sentencing guidelines.

Overall, the overrepresentation of African Americans in our legal system is due to many factors which include—but are not limited to—law enforcement policies and racial profiling, judicial sentencing, family and social stability, and economic status.