ethnicity and criminalisation

According to official statistics, there are some significant ethnic differences in the likelihood of being involved in the c____ justice system.

B____ people, and to a lesser extent A___ people, are over-represented. For example:

• Black people make up just ___% of the population, but ___% of the prison population.

• Asian people make up ___% of the population, but ___% of the prison population.

• By contrast, White people are u____-r____ at all stages of the criminal justice process.

As the M____ of J____ noted in 2008:

“Members of our B___ communities are s____ times more likely than their W____ counterparts to be s___ and s____, t____h____ and a half times more likely to be a____, and f____ times more likely to be in p___.”

According to official statistics, there are some significant ethnic differences in the likelihood of being involved in the criminal justice system.

Black people, and to a lesser extent Asian people, are over-represented. For example:

• Black people make up just 3% of the population, but 13% of the prison population.

• Asian people make up 6.9% of the population, but 8% of the prison population.

• By contrast, White people are under-represented at all stages of the criminal justice process.

As the Ministry of Justice noted in 2008:

“Members of our Black communities are seven times more likely than their White counterparts to be stopped and searched, three and a half times more likely to be arrested, and five times more likely to be in prison.”

• However, such statistics do not tell us whether members of one ethnic group are more likely than members of another group to commit an offence in the first place - they simply tell what?

• For example, differences in stop and search or arrest rates may simply be due to what?, while differences in rates of imprisonment may be the result of what?

• However, such statistics do not tell us whether members of one ethnic group are more likely than members of another group to commit an offence in the first place - they simply tell us about involvement with the criminal justice system.

• For example, differences in stop and search or arrest rates may simply be due to policing strategies or to discrimination by individual officers, while differences in rates of imprisonment may be the result of courts handing down harsher sentences to minorities.

Alternative sources of statistics

• In addition to statistics on the ethnicity of those individuals who are involved with the criminal justice system, we can call on two other important sources of statistics that can throw a more d___ l____ on ethnicity and offending - what are these?

Alternative sources of statistics

• In addition to statistics on the ethnicity of those individuals who are involved with the criminal justice system, we can call on two other important sources of statistics that can throw a more direct light on ethnicity and offending - these are victim surveys and self-report studies.

Alternative sources of statistics → Victim surveys

• Victim surveys such as the C____ S____ for E____ and W____ (CSEW) ask individuals to say what?

• We can gain information about ethnicity and offending from such surveys -how?

• For example, in the case of 'm____' Black people are significantly o____-r____ among those identified by v____ as o____.

• Victim surveys also show that a great deal of crime is intra-ethnic - what does this mean?

Alternative sources of statistics → Victim surveys

• Victim surveys such as the Crime Survey for England and Wales (CSEW) ask individuals to say what crimes they have been victims of (usually during the past 12 months).

• We can gain information about ethnicity and offending from such surveys when they ask victims to identify the ethnicity of the person who committed the crime against them.

• For example, in the case of 'mugging', Black people are significantly over-represented among those identified by victims as offenders.

• Victim surveys also show that a great deal of crime is intra-ethnic - that is, it takes place within rather than between ethnic groups. e,g black on black crime

Alternative sources of statistics →Victim surveys ✘limitations

However, while victim surveys are useful in helping us to identify ethnic patterns of offending, they have several limitations:

✘They rely on what?

According to P____ and B____ (2012), evidence suggests that White victims may 'o____-i____ Black suspects, saying the offender was Black even when they are not s___

✘- They only cover p____ crimes, which make up only about a f____ of all crimes.

✘- They exclude crimes by and against o____ (such as b_), so they tell us nothing about the ethnicity of what?

As a result, victim surveys can only tell us about the ethnicity of a s_____ p____ of offenders, which may not be r____ of offenders in general.

Alternative sources of statistics →Victim surveys ✘limitations

However, while victim surveys are useful in helping us to identify ethnic patterns of offending, they have several limitations:

✘They rely on victims' memory of events.

• According to Phillips and Bowling (2012), evidence suggests that White victims may 'over-identify Black suspects, saying the offender was Black even when they are not sure.

✘- They only cover personal crimes, which make up only about a fifth of all crimes.

✘- They exclude crimes by and against organisations (such as businesses), so they tell us nothing about the ethnicity of white collar and corporate criminals.

As a result, victim surveys can only tell us about the ethnicity of a small proportion of offenders, which may not be representative of offenders in general.

Alternative sources of statistics →Self-report studies

• Self-report studies ask individuals to disclose their own d____ and v__ behaviour.

• Based on a sample of how many people, G__ and B____ (1995) found that White and Black rates of offending were very similar (__% and ___%), but Indian (___%), Pakistani (___%) and Bangladeshi (__%) rates were much lower.

Alternative sources of statistics →Self-report studies

• Self-report studies ask individuals to disclose their own dishonest and violent behaviour.

• Based on a sample of 2,500 people, Graham and Bowling (1995) found that White and Black rates of offending were very similar (44% and 43%), but Indian (30%), Pakistani (28%) and Bangladeshi (13%) rates were much lower.

Alternative sources of statistics →Self-report studies

• The findings of self-report studies challenge the stereotype of what?, though they support what widely held view?

• However, self-report studies have their limitations in relation to ethnicity and offending - why?

• Overall, the evidence on ethnicity and offending is somewhat i____. For example, while official statistics and victim surveys point to the likelihood of higher rates of offending by Black people, this is generally not borne out by the results of self-report studies.

Alternative sources of statistics →Self-report studies

• The findings of self-report studies challenge the stereotype of Black people as more likely than White people to offend, though they support the widely held view that Asian people are less likely to offend.

• However, self-report studies have their limitations in relation to ethnicity and offending as they can be criticised for having social-desirability bias

• Overall, the evidence on ethnicity and offending is somewhat inconsistent. For example, while official statistics and victim surveys point to the likelihood of higher rates of offending by Black people, this is generally not borne out by the results of self-report studies.

Ethnicity, racism and the criminal justice system

• There are ethnic differences at each stage of the c___ j____ process.

• We need to look at the main stages of the process that an individual may go through, possibly culminating in a custodial sentence.

What are the 5 stage?

Ethnicity, racism and the criminal justice system

• There are ethnic differences at each stage of the criminal justice process.

• We need to look at the main stages of the process that an individual may go through, possibly culminating in a custodial sentence.

The stages include:

1. Policing/ Stop and Searches

2. Arrests and Cautions

3. Prosecution and trial

4. Convictions and Sentencing/ oresentnce reports

5. Prison

Ethnicity, racism and the criminal justice system - Policing/ Stop and Searches

Policing

• As P____ and B____ (2012) note, since the 19___ there have been many allegations of o____ p____ of minority ethnic communities, such as:

'mass s___ and s____ operations, p____ tactics, e_____ s____, a___ r____’

Stop and search

• Members of m____ e____ groups are more likely to be s____ and s____ by the police. Police can use this power if they have 'r____ s____' of wrongdoing.

• Compared with White people, in 20___ Black people were n____ times more likely to be stopped and searched and Asian people over t____ as likely. Data from the B____ C____ S____ and the C___ indicate similar patterns

Ethnicity, racism and the criminal justice system - Policing/ Stop and Searches

Policing

• As Phillips and Bowling (2012) note, since the 1970s there have been many allegations of oppressive policing of minority ethnic communities, such as:

'mass stop and search operations, paramilitary tactics, excessive surveillance, armed raids’

Stop and search

• Members of minority ethnic groups are more likely to be stopped and searched by the police. Police can use this power if they have 'reasonable suspicion' of wrongdoing.

• Compared with White people, in 2020 Black people were nine times more likely to be stopped and searched and Asian people over twice as likely. Data from the British Crime Survey and the CSEW indicate similar patterns

Ethnicity, racism and the criminal justice system - Policing/ Stop and Searches

• It should be noted that only a small proportion of stop and searches result in a____.

• In addition, under the T____ A____ 2___, police can stop and search persons or vehicles whether or not they have r____ s____. Statistics show that A____ people are more likely to be stopped and searched than other people under the T___ Act.

• It is therefore unsurprising that members of minority ethnic communities are less likely to think the police acted p____ when stopping them, or to think they were stopped f____.

• As P_____ and B______ (2007) note, members of these communities are more likely to think they are 'o____-p_____ and u____-p____' and to have limited f___ in the police.

Use of force

• In 2019/20,B____ people were four times more likely to have f____ used against them by M____ p____ officers than White people, and five times more likely to have T___-l_____ devices used against them by the force (G_____ 2020).

Ethnicity, racism and the criminal justice system - Policing/ Stop and Searches

• It should be noted that only a small proportion of stop and searches result in arrest.

• In addition, under the Terrorism Act 2000, police can stop and search persons or vehicles whether or not they have reasonable suspicion. Statistics show that Asian people are more likely to be stopped and searched than other people under the Terrorism Act.

• It is therefore unsurprising that members of minority ethnic communities are less likely to think the police acted politely when stopping them, or to think they were stopped fairly.

• As Phillips and Bowling (2007) note, members of these communities are more likely to think they are 'over-policed and under-protected' and to have limited faith in the police.

Use of force

• In 2019/20, Black people were four times more likely to have force used against them by Metropolitan police officers than White people, and five times more likely to have Taser-like devices used against them by the force (Grierson 2020

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

There are three possible reasons for the d____ use of stop and search against members of minority ethnic groups: - what are the reason?

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

There are three possible reasons for the disproportionate use of stop and search against members of minority ethnic groups:

1. police racism

2. ethnic differences offending

3. Demographic factors

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Police racism

• The M____ R____ (1999) on the police investigation of what? concluded that there was i____ r___ within the Metropolitan Police.

• Others have found deeply ingrained r____ a____ among individual officers. For example, P____ and B____ (2012) point out that many officers hold n___ s______ about minority ethnic groups as criminals - t____, leading to d___ t___ for stop and search.

• Such stereotypes are endorsed and upheld by the 'canteen culture' of rank and file officers. - what is canteen culture?

• Officers often share j___, s____, and o___ with each other.

• In some police forces, this can include r___ s___ or n___ views about minority groups. which can r___ and n____ r___ attitudes rather than c____ them.

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Police racism

• The Macpherson Report (1999) on the police investigation of the racist murder of the Black teenager Stephen Lawrence concluded that there was institutional racism within the Metropolitan Police.

• Others have found deeply ingrained racist attitudes among individual officers. For example, Phillips and Bowling (2012) point out that many officers hold negative stereotypes about minority ethnic groups as criminals - typificatioms, leading to deliberate targeting for stop and search.

• Such stereotypes are endorsed and upheld by the 'canteen culture' of rank and file officers. - Canteen culture” refers to the informal culture, attitudes, and talk shared among police officers when they are off duty together — for example in break rooms, canteens,

• Officers often share jokes, stories, and opinions with each other.

• In some police forces, this can include racist stereotypes or negative views about minority groups. which can reinforce and normalise racist attitudes rather than challenge them.

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Ethnic differences in offending

• An alternative explanation is that d____ in stop and searches simply reflects ethnic differences in l___ of o____

However, it is useful to distinguish between low discretion and high discretion stops:

• In low discretion stops, police act how?

• In high discretion stops, police act how?

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Ethnic differences in offending

• An alternative explanation is that disproportionality in stop and searches simply reflects ethnic differences in levels of offending

However, it is useful to distinguish between low discretion and high discretion stops:

• In low discretion stops, police act on relevant information about a specific offence, for example a victim's description of the offender.

• In high discretion stops, police act without specific intelligence. It is in these stops, where officers can use their stereotypes, that disproportionality and discrimination are most likely.

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Demographic factors

• Minority ethnic groups are o____-r____ in the population groups who are most likely to be stopped, such as the y____, the u____, m____ w___ and u___ ____.

• These groups are all more likely to be stopped, regardless of their e____, but they are also groups who have a h____ p____ of e___ m____ in them, and so minorities get stopped more.

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Demographic factors

• Minority ethnic groups are over-represented in the population groups who are most likely to be stopped, such as the young, the unemployed, manual workers and urban dwellers.

• These groups are all more likely to be stopped, regardless of their ethnicity, but they are also groups who have a higher proportion of ethnic minorities in them, and so minorities get stopped more.

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Arrests and cautions

• Figures for England and Wales show that in 20___/___ the arrest rate for Black people was over t___ times the rate for White people.

• By contrast, B___ and A___ a____ were less likely than W___ a___ to receive a c____.

• One reason for this may be that members of minority ethnic groups are more likely to d____ the o___ and to exercise their r___ to l____ advice (possibly out of m____ of the police).

• However, not a____ the o___ means they cannot be let off with a c____ and are more likely to be c____ instead.

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Arrests and cautions

• Figures for England and Wales show that in 2018/19 the arrest rate for Black people was over three times the rate for White people.

• By contrast, Black and Asian arrestees were less likely than White arrestees to receive a caution.

• One reason for this may be that members of minority ethnic groups are more likely to deny the offence and to exercise their right to legal advice (possibly out of mistrust of the police).

• However, not admitting the offence means they cannot be let off with a caution and are more likely to be charged instead.

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Prosecution and trial

• The C____ P____ S____ (CPS) is the body responsible for what ? In doing so, the CPS must decide what?

• Studies suggest that the CPS is more likely to d___ cases against minority ethnic groups.

• B____ and P____ (2002) argue that this may be because the e___ presented to the CPS by the p___ is often w____ and based on s____4 of minority ethnic groups as c___.

• Members of minority ethnic groups are more likely to choose trial in the Crown Court — why?

• However, choosing the Crown Court is risky why?

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Prosecution and trial

• The Crown Prosecution Service (CPS) is the body responsible for deciding whether a case brought by the police should be prosecuted in court. In doing so, the CPS must decide whether there is a realistic prospect of conviction and whether prosecution is in the public interest

• Studies suggest that the CPS is more likely to drop cases against minority ethnic groups.

• Bowling and Phillips (2002) argue that this may be because the evidence presented to the CPS by the police is often weaker and based on stereotyping of minority ethnic groups as criminals.

• Members of minority ethnic groups are more likely to choose trial in the Crown Court — which hears more serious cases before a judge and jury — rather than a magistrates’ court, which deals with less serious offences, held by people lower than a crown court and has limited sentencing powers, leading defendants to mistrust their impartiality (fairness).

• However, choosing the Crown Court is risky because it can impose much harsher sentences if convicted.

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Convictions and sentencing

• It is therefore interesting to note that Black and Asian defendants are l___ l__ to be found g___.

• This suggests d____, in that the police and CPS may be bringing w___ or less s____ cases against members of minority groups that are thrown out by the courts.

• Black offenders have imprisonment rates one percentage point higher, and Asian offenders 3.4 points higher, than White offenders. This may be due to differences in the s___ of the offences, or in defendants' p___ c___.

• However, a study of five Crown Courts by R____ H____ (1992) found that, even when such factors were taken into account, Black men were ___% more likely to receive a c_____ s____, and were given sentences on average three months (and Asian men nine months) longer than White men.

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Convictions and sentencing

• It is therefore interesting to note that Black and Asian defendants are less likely to be found guilty.

• This suggests discrimination, in that the police and CPS may be bringing weaker or less serious cases against members of minority groups that are thrown out by the courts.

• Black offenders have imprisonment rates one percentage point higher, and Asian offenders 3.4 points higher, than White offenders. This may be due to differences in the seriousness of the offences, or in defendants' previous convictions.

• However, a study of five Crown Courts by Roger Hood (1992) found that, even when such factors were taken into account, Black men were 5% more likely to receive a custodial sentence, and were given sentences on average three months (and Asian men nine months) longer than White men.

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Pre-sentence reports

• One possible reason for harsher sentences is the pre-sentence reports (PSRs) written by probation officers.

• what is A PSR?

• However, H____ and B____ (2005) argue that PSRs allow for u____ d____.

• They found that reports on Asian offenders were less c____ and suggested that they were less remorseful than White offenders.

• They place this bias in the context of the 'd____' of M___ in the wake of the events of what?

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Pre-sentence reports

• One 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 a given offender.

• However, Hudson and Bramhall (2005) argue that PSRs allow for unwitting discrimination.

• They found that reports on Asian offenders were less comprehensive and suggested that they were less remorseful than White offenders.

• They place this bias in the context of the 'demonising' of Muslims in the wake of the events of 11 September 2001.

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Prison

• In 20___, just over a quarter of the prison population were from m___ e___ groups.

• Black people were almost f____ times more likely to be in prison than W____ p____. Black and Asian offenders are more likely than W___ offenders to be serving longer sentences (of four years or more).

• Within the t____ prison population, all minority groups have a higher than average proportion of p____ on remand (awaiting trial rather than actually convicted and serving a sentence). Why is this.

• We can note the existence of similar patterns in other countries. For example, in the United States, t____ out of f____ prisoners held in local jails (both convicted and those awaiting trial) are B____, while one in five is H__.

Ethnicity, racism and the criminal justice system - Explaining stop and search patterns

Prison

• In 2021, just over a quarter of the prison population were from minority ethnic groups.

• Black people were almost four times more likely to be in prison than White people. Black and Asian offenders are more likely than White offenders to be serving longer sentences (of four years or more).

• Within the total prison population, all minority groups have a higher than average proportion of prisoners on remand (awaiting trial rather than actually convicted and serving a sentence). This is because defendants from minority ethnic groups are less likely to be granted bail while awaiting trial.

• We can note the existence of similar patterns in other countries. For example, in the United States, two out of five prisoners held in local jails (both convicted and those awaiting trial) are Black, while one in five is Hispanic.