Week Sixteen - Race, Ethnicity and the Penal System

Question 1

Ethnicity and the Penal System - figures

Answer 1

Cumulative effects of direct and indirect discrimination seen in disproportionate rates of imprisonment for people from minority ethnic groups

June 2009 – 23k from minority ethnic groups in custody (35% of male, 27% of female population)

Of these, 1/3 male and >1/2 female were foreign nationals

Among British nationals… (1985-2009)
White male prison population up 41%
Black “ “ “ up 104%
Asian “ “ “ up 261%

Quality of Prison Life survey (Cheliotis and Liebling, 2006) – black & Asian prisoners treated unfairly compared to whites (42% black, 41% Asian, 30% Chinese/other, 9% white agreed)

Question 2

Prison Population… 2008 and 2012

Answer 2

Usual residential population:
White: 86%
Black: 3.3%
Asian: 7.5%
Mixed 2.2%

Compared to 86% white of usual residential population in Census 2011 (down from 91% in 2001 and 94% in 1991)
Black : 3.3%
Asian: 7.5%
Mixed 2.2%

Question 3

Youth Custodial Population

Answer 3

47%
the highest rate recorded since 2001, identified as black or minority ethnic. The proportion of boys who identified as being from a black or minority ethnic background varied considerably, from 7% in the Keppel Unit to 70% at Feltham. (Children in Custody, 2015-16)

Question 4

Pressure Points…

Answer 4

Disproportionality – discrimination vs higher rates of offending?

“A vexed question”: problems with data sources (Chakraborti and Phillips, 2013; Phillips and Bowling, 2012)

Official arrest and imprisonment statistics reflect the outcomes of decisions by CJ agents, not an independent account of offending per se.

Victim and witness descriptions - only available for 40% of incidents (Clancy et al, 2001)

Chakraborti and Phillips make some general conclusions based on research:
Victims’ descriptions indicate that for some offences - robbery, fraud and forgery and homicide - black people appear to be more often involved as suspects than might be expected from their representation in the general population

Question 5

More Pressure…

Answer 5

Minority ethnic groups may be cumulatively disadvantaged in the criminal justice process by practices reliant on their cooperation with police/ prosecutors

Some evidence of direct racial discrimination in CJS, e.g. ‘overcharging’. Findings are complex and seem to vary by suspect ethnicity, gender and area

The sentencing of drug importation offences along similar lines to violent offences and based on drug weight brings a significant number of minority ethnic male and female ‘drug mules’ into the prisons of England and Wales (Fleetwood, 2011).

No mitigating factors despite low culpability.

Question 6

Young Review…

Answer 6

There is greater disproportionality in the number of black people in prisons in the UK than in the United States

Issues facing young BAME people:
Racism and inter-racial conflict in prisons (under-researched)

Racism can take different forms: directly from other inmates; from staff; less overt discrimination in decision making

Differential treatment also due to unwitting prejudice, ignorance, thoughtlessness and stereotyping

Racism, discrimination and other unequal outcomes impact on employment possibilities

Discrimination in warnings and adjudications

Identity crisis poses challenges to desistence

All ethnic minority groups in England are more likely to live in deprived neighbourhoods than the White British majority (Joseph Rowntree Foundation, December 2013)

Question 7

Lammy Review…

Answer 7

The review commissioned an analysis paper looking at disproportionality in the criminal justice system. One finding was that for every 100 white women handed custodial sentences at Crown Courts for drug offenses, 227 black women were sentenced to custody. For black men, this figure is 141 for every 100 white men.