Although significant gaps remain, disparities between Black and White people continued to narrow at nearly every stage of the criminal justice process between 2016 and 2020. In some cases, the pace of the decline slowed; in others, the disparity gap closed entirely.
These trends extend patterns from 2000 to 2016 that were identified in CCJ’s first report on correctional control by race and sex. Subsequent reports will explore trends in disparity among female populations and by ethnicity, assess trends in multiple states, and seek to identify what, if any, policy changes may have contributed to reductions in racial disparities.
How Have Black-White Disparities in the Justice System Changed Since 2000?
STATE IMPRISONMENT DISPARITIES NARROW
Over the first two decades of the 21st century, the disparity between Black and White state imprisonment rates fell by 40%; in 2020, Black adults were imprisoned at 4.9 times the rate of White adults, down from 8.2 times in 2000. Throughout this report, a disparity ratio of 1 means parity.
Imprisonment Rate Disparity, 2000-2020
Reduction in Imprisonment Disparity Over Two Time Periods
Half of the disparity reduction occurred in the first five years of the 20-year period, as the rate of narrowing slowed in more recent years.
Black-White disparities in state imprisonment rates fell across all four offense categories—violent, property, drug, and public order—with the largest drop occurring for drug crimes. Disparity in drug imprisonment rates fell by 75% and accounted for about half of the overall decrease in the Black-White imprisonment rate disparity.
Imprisonment Disparity by Offense Category, 2000 and 2019
Incarcerated Population Size and Imprisonment Disparity During COVID-19, 2019 and 2020
In 2020, responses to the COVID-19 pandemic led to an unprecedented 15% drop in the state prison population. But that historic decline did not result in a change in Black-White imprisonment disparities.
What is Driving the Change?
RESIDENT POPULATION GROWTH
Faster growth in the nation's Black adult resident population contributed more to its respective imprisonment rate decline than did the White adult resident population growth. Growth of the Black U.S. adult resident population accounted for half of the change in the Black imprisonment rate between 2000 and 2020; the comparable figure for White rates was 43%.
Change in Resident Population Size, Incarcerated Population Size, and Imprisonment Rate by Race, 2000-2020
ARREST RATES
Arrest Rate Disparity for Drug and Property Offenses, 2000-2020
The disparity in arrest rates for drug and property crimes between 2000 and 2020 fell, with the arrest rates for those crimes falling more rapidly for Black people than for White people. For Black adults, property arrest rates fell by 47% and drug arrest rates fell by 52%. For White adults, property arrest rates fell by 18% and drug arrest rates fell by 7%.
By 2019, the Black-White disparity in arrest rates for non-fatal violent crimes (based on victim accounts of offenders) was eliminated.
Arrest Rate Disparity for Non-Fatal Violent Offenses, 2000-2019
PRISON ADMISSIONS
Admission Rate Disparity, 2000-2019
The Black-White disparity in prison admission rates fell from 7.4 in 2000 to 3.2 in 2019. The admission rate for Black individuals fell by about half while it increased by 11% for White individuals.
The Black-White disparity in admissions fell by more than 80% for drug offenses and by almost 55% for property offenses between 2000 and 2019. Still, a disparity of about 2-to-1 remains for those crimes.
Admission Rate Disparity for Drug and Property Offenses, 2000-2019
New Court Commitment Admission Rate Disparity for Drug and Property Offenses, 2000-2019
The Black-White disparity in new court commitments to prison per arrest was nearly eliminated by 2019 for property and drug crimes.
PAROLE REVOCATIONS
Admissions for technical violations of parole no longer drive imprisonment disparities. In 2000, Black people on parole were more likely to be revoked and returned to prison for breaking the rules of their supervision (“technical violations”) than White people; by 2019 White people were slightly more likely to be revoked.
Percent of Parolee Population Revoked for Technical Violations by Race, 2000 and 2019
What Factors are Slowing Progress?
PRISON TIME SERVED
Expected Length of Stay by Race,
2000 and 2020
While the Black-White disparity in prison admission rates declined, disparity in length of stay in prison increased and accounted for a growing portion of total disparity. Expected length of stay in prison for Black adults increased from 2.2 to 2.5 years, while for White adults it fell from 2 to 1.8 years.
From 2000 to 2019, expected length of stay for Black adults imprisoned for violent offenses increased from 4 years to 4.9 years (or by nearly a year), while for White people held for violent offenses it increased from 3.9 to 4.2 years (or by about four months).
Expected Length of Stay for Violent Offenses
by Race, 2000 and 2019
Expected Length of Stay for Drug Offenses by Race, 2000 and 2019
For drug crimes, Black people’s expected length of stay increased from 1.5 years to 2.1 years, while for White individuals it decreased from 1.2. to 1.1 years.
In 2000, length of stay accounted for about 6% of the difference in Black-White imprisonment rates, while admissions accounted for 94% of the difference. By 2019, however, length of stay accounted for 27% of the difference in Black-White imprisonment rates, and admissions rates accounted for 73% of the difference.
Contribution of Length of Stay and Admission Rates to Imprisonment Disparity, 2000 and 2019
2000
2019
Note: The admission rates and imprisonment rates used for the calculations are population based (per 100,000 adult residents).
What are the Implications?
Mathematically, prison populations are determined by only two factors: admissions and length of stay. Imprisonment rates, in turn, are prison populations relative to the overall population. This means that in addition to admissions and length of stay, imprisonment rate disparities are influenced by the number of people by race, ethnicity, gender, and other groups in the general U.S. population.
Due to changes in each of these factors during the first two decades of the 21st century, the imprisonment disparity between Black and White adults fell by 40%. By 2020, the imprisonment rate was 4.9 times higher for Black adults than White adults, down from 8.2 times in 2000.
From 2000 to 2020, growth in the Black U.S. adult resident population accounted for half of the decrease in the Black imprisonment rate, and the decrease in the number of Black individuals incarcerated accounted for the other half of the reduction. For White people, adult population change accounted for 43% of the increase in their imprisonment rate, while growth in the number of incarcerated White individuals accounted for 57% of the change.
While disparities in prison admissions fell significantly, racial differences in admissions rates still accounted for nearly three quarters of the total Black-White imprisonment rate disparity. Since new prison admissions per arrest for property and drug crimes approached parity, the admissions gap became increasingly focused on violent offenses. Data from multiple and varied sources indicate that there have been elevated levels of violence in the Black community that, while stemming from historical and structural inequities, may at least partially explain higher arrest rates for violent crimes.
While the admissions gap narrowed, the disparity in length of stay widened. Black people served an average of 0.2 years longer in 2000 and 0.7 years longer in 2020. The time-served gap grew most dramatically for drug offenses; it quadrupled from 20% to 80% (4 months to 1 year) between 2000 and 2019. While analysis of criminal history records was beyond the scope of this study, prior convictions tend to result in longer prison sentences and Black people, who often live in neighborhoods with larger police presence, tend to have longer criminal histories.
In combination, these results suggest that the remaining Black-White disparity in imprisonment rates is primarily a function of racial differences in offending rates and longer prison time served by Black people convicted of violent crimes.
Racial disparities in imprisonment will persist without significant reductions in:
- The disparity in violent offending rates,
- The disparity in prison time served, and/or
- The influence of criminal history in sentencing and release decisions.
Suggested Citation: Sabol, W. J., & Johnson, T. L. (2022). Justice system disparities: Black-white national imprisonment trends, 2000-2020. Council on Criminal Justice. https://counciloncj.foleon.com/reports/racial-disparities/national-trends
