Overview
American prison populations have long been characterized by racial and ethnic disparities. U.S. Census Bureau data on incarcerated persons from 1870 through 1980 show that black incarceration rates ranged from three to nine times those of whites, depending upon the decade and region of the country. According to Bureau of Justice Statistics (BJS) reports over the past 40 years, black imprisonment rates ranged from about six to about eight times those of whites. In recent years, racial disparities in imprisonment have decreased. BJS reports have drawn attention to the trend, showing that since the mid-2000s, black and Hispanic incarceration rates have fallen faster than those for whites. These changes also have been noted by media, by advocacy organizations such as The Sentencing Project, and by the National Research Council. This report updates and advances earlier presentations of data on disparities by examining four questions:
What are the national-level trends in disparity in probation, parole, jail, and prison populations?
Are there crime-specific changes in disparity in imprisonment rates?
Are there differences in disparity by race and sex?
How have changes in reported offending rates and decisions at the key stages of criminal justice case processing affected black and white imprisonment rates?
The figures and tables that follow present data on these questions. The report describes and analyzes trends in disparity, imprisonment, and criminal justice processing, but the effects of broader social, economic, cultural or political factors on disparity in the criminal justice system are beyond its scope.
KEY FINDING I
Racial Disparities Declined
From 2000 to 2016, racial and ethnic disparities declined across prison, jail, probation, and parole populations in the United States.
State Imprisonment Rate
The black-white state imprisonment disparity fell from 8.3-to-1 in 2000 to 5.1-to-1 in 2016.
The Hispanic-white parole disparity fell from 3.6-to-1 in 2000 to 1.4-to-1 in 2016.
Parole Rate
KEY FINDING II
Racial Disparities Declined
Black-white disparities in state imprisonment rates fell across all major crime categories. The largest drop was for drug offenses.
Imprisonment for Drug Offenses
In 2000, black people were imprisoned for drug crimes at 15 times the rate of whites.
By 2016, that ratio was just under 5-to-1.
KEY FINDING III
Disparities Fell Faster Among Women Than Men
Among women, the black-white disparity in imprisonment fell from 6-to-1 to 2-to-1, a sharper decrease than the decline among men.
White Female Imprisonment Rate
The disparity among women fell because of an increase in the imprisonment rate for white women for violent, property, and drug crimes ...
... and a decrease in the imprisonment of black women for drug crimes.
Black Female Imprisonment Rate
KEY FINDING IV
Fewer Blacks, More Whites in State Prisons
The change in the black-white imprisonment disparity occurred as the number of black people in state prisons decreased while the number of white people in state prisons increased.
Male Prison Population
The number of black men in state prisons declined by more than 48,000 and the number of white men increased by more than 59,000.
The number of black women in state prison fell by more than 12,000 and the number of white women increased by nearly 25,000.
Female Prison Population
KEY FINDING V
Crimes and Arrests Declined, but Prison Terms Grew Longer
For black people, reductions in offending and arrests were offset by increases in length of stay.
Reported Offending Rate | Black
Reported offending rates of blacks for rape, robbery, and aggravated assault declined by 3% per year, on average.*
*As reported by the National Crime Victimization Survey
But this decrease was offset by an increase for blacks in expected length of stay in prison.
Expected Length of Stay | Black
Reported Offending Rate | White
White reported offending rates decreased for aggravated assault...
...while expected length of stay increased for whites for rape and robbery.
Expected Length of Stay | White
KEY FINDING VI
Hispanic-White Disparities Fell, Reached Parity for Probation
Hispanic-white disparities have narrowed steadily since 2000.
Hispanic-White Disparity Ratio
This is true across all four correctional populations.
For Hispanics and whites on probation, the data showed no disparity in rates by 2016.
Probation Rate
COUNCIL PERSPECTIVES
Commentary from CCJ Leaders
The Council seeks to provide a forum for honest discourse among leaders with varied perspectives, ideologies, and expertise. In that spirit, we solicited short reactions to this report from our members.
Marissa Dodson Public Policy Director Southern Center for Human Rights Member, CCJ Board of Directors
Our country's history with intentional and pervasive racism has had a profound impact on criminal legal systems which led to stark disparities. This report by CCJ is an important contribution to continued criminal justice reform efforts because it comprehensively explains the recent changes to racial and gender disparities in a way that should evoke inquiry from policymakers. It is certainly encouraging to find that racial and gender disparities are on the decline – which was primarily due to the avoidance of incarceration for people who do not pose public safety risks – but there is still much work to be done to eliminate racial and gender bias.
The disparities remain substantial and cannot adequately be addressed until there are targeted policies focused on the root causes of these disparities that exist long before arrest. Without the intention to address disparities, these declines should be seen as unintended but positive collateral consequences of recent reforms. In the wake of one of the worst economic recessions in history, governments were forced to find ways to reduce correctional costs and increase government efficiency. In the coming years, it will be critical for reformers to build on these kinds of reports to identify ways to directly address disparities and adopt further reforms designed to completely rid our criminal legal systems of bias.
Tim Head Executive Director Faith & Freedom Coalition Member, CCJ Board of Directors
Etched over the entrance to the Supreme Court of the United States reads one of the most elemental phrases of our Republic: “Equal Justice Under Law.” It is core to the functioning of our society. But we cannot ignore data showing that incarceration rates from 1870 to 1980 were significantly higher for African Americans than for any other ethnic group in America. We now see that from 2000 to 2016, racial disparities declined across American prison, jail, probation, and parole populations. But we also know that our overall population of incarcerated Americans ballooned by multiples from the 1980s to the mid-2010s.
Our conversations about the justice system have tended to be charged with too much political posturing and too few positive results. If we are going to make our communities more safe and more fair, we must have focused investigations into what is happening and sober-minded dialogues about what can be done. This study is a very real contribution to our national knowledge of these issues and I, for one, look forward to digesting its profound findings with colleagues from across the country in pursuit of equal justice for all Americans under law.
Tani Santil-Sakauye Chief Justice California Supreme Court Member, CCJ Board of Trustees
As a result of several factors, the past decade has seen an overall decline in incarceration rates nationwide that require a careful review of the new dynamics and complexities facing the justice system. Using a reliable data-driven approach, CCJ’s report on trends in incarceration and correctional supervision by race and gender makes a crucial contribution to the national discussion regarding incarceration, probation, and parole. The report documents a general decline in racial and gender disparities within the criminal justice system that is both hopeful and reflects the progress made locally and nationally.
Although this trend is promising, enduring change requires the continued study of the complex circumstances that affect the ongoing disparities within the system. To that end, CCJ’s efforts in fostering a fair and effective criminal justice system is essential. I look forward to participating in and seeking CCJ’s continued work in this important area.
Suggested Citation:
Sabol, William J., Thaddeus L. Johnson, and Alexander Caccavale. Trends in Correctional Control by Race and Sex. Washington, D.C.: Council on Criminal Justice, December 2019.
