Ethnicity, Crime and Justice Flashcards
Black people make up just _% of the population, but _% of the prison population
- Black people make up just 3% of the population, but 13% of the prison population
Black people are _x more likely than their White counterparts to be stopped + searched, _x more likely to be arrested, and _x more likely to be in prison
- Black people are 7x more likely than their White counterparts to be stopped + searched, 3x more likely to be arrested, and 5x more likely to be in prison
Asian people make up _% of the population, but _% of the prison population
- Asian people make up 6.9% of the population, but 8% of the prison population
what are 2 other sources of statistics
- victim surveys
- self-report studies
outline victim surveys as an alternative source of statistics
- victim surveys such as the Crime Survey for England + Wales ask individuals what crimes they have been victims of - usually in the last year
- this provides information about ethnicity + offending; from which they show that a lot of crime is intra-ethnic (crime within, not between ethnic groups)
outline the limitations of victim surveys
- they rely on victims memory of events - Philips + Bowling: White victims may over-identify Black suspects - even if not sure
- they only cover personal crimes, which makeup only 1/5 of crimes
- they exclude under 10s: minority ethnic groups contain a higher proportion of younger people - excludes them
- they exclude crimes by + against organisations - tells us nothing about the ethnicity of corporate and white collar criminals
outline self-report studies as alternative form of statistics
- self-report studies ask individuals to disclose crimes they’ve committed
- Graham + Bowling: found that White and Black rates of offending were very similar (44% and 43%), but Indian, Pakistani and Bangladeshi were much lower (all under 30%)
- this is supported by evidence found by the Home Office
- these findings challenge the stereotype of Black people as more likely to offend than White people - but supports the view that Asian people are less likely to offend
what is the pattern of the CJS in terms of ethnicity
- at every stage of the criminal justice process, there are ethnic differences - e.g. higher proportion of Black people convicted
outline policing in the CJS process
- Philips and Bowling: since the 1970s, there have been many allegations of oppressive policing of minority ethnic communities
- for example, mass stop and search operations, paramilitary tactics, excessive surveillance, armed raids, police violence, a failure to respond effectively to racist violence/ hate crimes
outline stop and searches in the CJS process
- EM groups are more likely to be S+S by the police
- the police can use this power if they have ‘reasonable suspicion’ of wrongdoing
- in 2020, Black people were 9x more likely to be S+S than White people
- the 2000 Terrorism Act enabled more Asian arrests as they were targeted
- EMs are more likely to think they are ‘over-policed and under protected’ + have limited faith in the police
outline the Terrorism Act
- the Terrorism Act passed in 2000 allowed police to stop + search people or vehicles whether or not they have reasonable suspicion
- stats show Asian people are most likely to be S+S under the Terrorism Act
outline use of force in stop and searches
- in 2019-2020, Black people were 4x more likely to have force used against them by Metropolitan police officers than White people
- they were also 5x more likely to be tased
what are 3 reasons for the disproportionate use of stop and searches against EMs
- police racism
- ethnic differences in offending
- demographic factors
outline police racism as a reason for the disproportionate use of stop and searches against EMs
- the Macpherson Report in the investigation of the racist murder of Stephen Lawrence revealed racism in the Metropolitan police force
- others have found deeply ingrained racist attitudes among individual officers
- Phillips + Bowling: many officers hold negative stereotypes about EM groups as criminals, leading to deliberate targeting for stop + searches - these stereotypes are upheld by the ‘canteen culture’ of officers
outline ethnic differences in offending as a reason for the disproportionate use of stop and searches against EMs
- the disproportionate rates of stop and searches reflects ethnic differences in levels of offending
- there are high discretion and low discretion stops;
- low discretion stops: police act on relevant information about a specific offence - e.g. a description of the offender
- high discretion stops: police act without specific intelligence - police use stereotypes, in which discrimination is likely
outline demographic factors as a reason for the disproportionate use of stop and searches against EMs
- EM groups are over-represented in those who are most likely to be stopped + searched - e.g. youth, unemployed, WC
- these groups are all more likely to be stopped, regardless of their ethnicity, but they are also groups who have a higher proportion of EMs in them
outline arrests and cautions in the CJS process
- in 2018-19, the arrest rate for Black people was over 3x the rate for White people - but Black + Asian arrestees were less likely to receive a caution
- this may be due to how EMs are more likely to deny the offence + exercise their right to legal advice (due to mistrust of CJS)
- not admitting to the offence means they cant be let off with a caution + more likely to be charged
outline prosecution and trial in the CJS process
- the Crown Prosecution Service (CPS) decides whether a case should be prosecuted in court in which they decide if there is a realistic prospect of conviction + if prosecution is in public interest
- studies show that the CPS is more likely to drop cases against EMs, may be due to weaker evidence presented by police as its based on the stereotyping of EMs as offenders, not victims
- for the trial, EMs are more likely to present to a Crown Court, not a Magistrates Court, which has higher sentencing powers - may be due to mistrust of system
outline convictions and sentencing in the CJS process
- Black + Asian defendants are less likely to be found guilty - this suggests discrimination, in that police and CPS may be bringing weaker/ less serious cases against EMs
- Black offenders have imprisonment rates 1% higher, Asian offenders 3% higher than White offenders - this may be due to differences in the severity of the offences
- most EM crimes are intra-ethnic, and so this lower conviction rate of EM defendants could be deduced to lack of care about EM victims
outline pre-sentence reports in the CJS process
- a another possible reason for harsher sentences is the pre sentence reports (PSRs) written by probation officers
- a PSR is intended as a risk assessment to assist magistrates in deciding on the appropriate sentence for an offender
- however, Hudson + Bramhall: PSRs allow for discrimination - e.g. they found that reports on Asian offenders were less comprehensive + suggesting they were less remorseful than White offenders
- they place this bias in the context of ‘demonising’ Muslims from 9/11
outline prison in the CJS process
- in 2021: over 1/4 of the prison population were EMs
- Black + Asian offenders are more likely to serve longer sentences
- Black people are almost 4x more likely to be in prison than White people
outline the context behind Black crime in the UK
- large scale migration from the Caribbean began in 1950s
- from the mid-1970s, increased conflict between the police + African Caribbean community + higher arrest rates for street crimes meant that ‘Black criminality’ increasingly came to be seen as an issue
outline the context behind Asian crime in the UK
- it wasn’t until the 1990s that crimes by Asian people began to be viewed as a problem, with media concerns about the growth of Asian gangs
- the events of 2001 (widespread clashes between police and Asian youths) and 9/11 (the Islamist terrorist attacks in the USA) helped form the idea that Asian people - esp Muslims - were an enemy that threatened public order + safety
outline the 2 main explanations for ethnic differences in statistics
- Left Realism: stats represent real differences in rates of offending
- Neo-Marxism: stats are a social construct resulting from racist labelling + discrimination in the CJS