Inequalities Final

There are inequalities racially/ethnically, in gender, and socioeconomically

What are some inequalities that we see in sentencing outcomes?

Inconsistency across jurisdictions, limited and conflicting research, discretion and transparency, race/ethnicity, gender, socioeconomic status, and prior history (hard to pinpoint a single cause)

What are some of the difficulties in understanding sentencing outcomes and disparities?

Different experiences within disparities (cumulative disadvantage, judicial stereotyping, and gender-based leniency)

Why is the interaction between race/ethnicity and gender important?

Incarcerated individuals have poorer health than the general population, 45% of jail inmates report chronic conditions (vs 27% in the general population), and 26% report high blook pressure (vs. 14%)

Mental health issues are more frequent and more severe, particularly among incarcerated women and white inmates

How does the physical and mental health of individuals in the criminal justice system relate to the general population?

Incarcerated women have higher rates of both chronic and infectious diseases than men (63% of women in prison report chronic conditions vs. 50% of men, women are also more likely to suffer from STDs, reproductive health issues, and mental illness), women face unique health risks, including inadequate prenatal care, sexual abuse, and a lack of access to basic hygiene products

How does the health of incarcerated women compare to incarcerated men?

White inmates report the highest rates of chronic and mental health issues, black and Hispanic inmates tend to have similar or better health outcomes than their non-incarcerated counterparts, unlike white inmates, whose health worsens significantly compared to non-incarcerated whites

How does the health of incarcerated individuals vary by race/ethnicity?

Incarcerated individuals face 2-3 times higher mortality during out breaks (eg., COVID-19, influenza) compared to the general population, and Black individuals are overrepresented in solitary confinement where risks are heightened

How do mortality rates vary by race/ethnicity for state prisoners?

Pre-existing disadvantage: Incarcerated people often come from backgrounds of poverty, trauma, and untreated illness

Harmful prison conditions: Overcrowding, lack of hygiene, limited access to care, and abuse worsen physical and mental health

What are the two main explanations for the poor health of incarcerated individuals?

Overcrowded and unsanitary conditions lead to higher transmission of infectious diseases like tuberculosis, hepatitis, HIV/AIDS, and COVID-19

Prisons often lack air conditioning, clean water, and proper medical segregation, increasing disease exposure, especially for pregnant women and older inmates

How do the conditions of incarceration affect exposure to diseases?

Black and Hispanic individuals in prison tend to have similar health to their peers outside, suggesting systemic health disparities persist in and out of prison

White incarcerated individuals fare worse than free white individuals, indicating incarceration disproportionately harms white health outcomes due to sharp contrast in access to care

Why are there health disparities between incarcerated and non-incarcerated individuals by race/ethnicity?

Incarceration reduces health disparities among races, especially because black and Hispanic individuals enter prison with poorer health and receive relatively better or more consistent care than they did outside

It may appear to “equalize” health, this is due to the failure of healthcare systems outside prison, not because prison is healthy

What is the concept of leveling the playing field and its implications for health among incarcerated individuals

Low treatment rates: only 1 in 3 in state prisons, 1 in 4 in federal prisons, and 1 in 6 in jails receive treatment

Pharmaceutical-only care: many only get medications, not therapy or long-term treatment

solitary confinement: cost barriers, staff shortages, and lack of medical facilities worsen access and outcomes

What are some complications faced by incarcerated individuals when accessing healthcare?

Solitary confinement severely worsens mental health (leads to hallucinations, paranoia, panic, and impulse control issues, can cause mental illness even in those previously healthy, increases risk of suicide, overdose, and early death after release)

Black inmates are disproportionately placed in solitary confinement

What is the role of solitary confinement in the mental health of individuals

Better health improves employment stability, impulse control, and reduces substance abuse, all of which lower the risk of criminal behavior,

Studies show expanded Medicaid access correlates with reduced drug-related arrests, especially through fewer self-medication crimes

How can improved health reduce criminal offending or criminal behavior?

Lack of consistent national data: Most studies only look at one prison or one type of program

Variation in program design: Substance abuse programs, for example, can range from peer discussions to medically assisted treatments

Uneven availability: Effectiveness often depends on location, timing, and the specific needs of participants, making outcomes difficult to compare

What are some complications in understanding how effective treatment programs are?

While women’s prisons now offer more programming and have high participation rates, concerns remain: (women face greater disadvantage, including higher rates of trauma, unemployment, and mental health issues, parenting and vocational programs for women are often less advanced or lower-paying than those offered to men, programs still reflect outdated gender stereotypes, limiting long-term opportunities

What are some concerns regarding the rates and types of programming available for women compared to men?

Most convicted individuals are not incarcerated—probation is a key form of community supervision, it is meant to limit harm caused by incarceration, but outcomes depend on how supervision is structured, supportive probation can offer treatment and stability; punitive probation often leads to violations, rearrest, or reincarnation, especially for Black individuals

Why is the use of probation important for criminal justice outcomes?

White individuals are more likely to be diverted into treatment programs than Black or Hispanic individuals, even when controlling for similar criminal history, disparities also result from bias among staff, unequal access to programs, and differing community resources

What is the role of race and ethnicity in receiving pretrial diversion or treatment?

Housing bans, employment discrimination, and voting restrictions, high levels of debt, supervision conditions, and mental health or substance use challenges, these barriers make it harder to reintegrate and avoid reoffending

What are some barriers to success after involvement in the criminal justice system?

Women: more likely to be unemployed, homeless, and primary caregivers

Black and Hispanic individuals: face more criminal history-based discrimination in housing and employment

low-income individuals: struggle with fees, fines, and limited access to private treatment

rural areas: fewer treatment centers, longer travel, and more conservative policies limiting services

How do these barriers vary by gender, race/ethnicity, socioeconomic status, and location?

Urban areas: more treatment options, funding, and services

rural areas: often have more programs per capita but suffer from staffing shortages, transportation issues, and longer distances to services, less access to quality care, especially for mental health or substance abuse, housing and employment options are limited and more geographically scattered

How do treatment opportunities differ in rural areas compared to urban areas?

Conservative rural areas often support tough-on-crime policies, oppose treatment expansion, and restrict medication-assisted treatment

Programs may rely on religious approaches or be volunteer led

Political beliefs shape local funding, public support, and acceptance of returning citizens

What role do community political beliefs play in post-conviction opportunities?

Strain/anomie theory: Emphasizes education and job training to reduce financial stress

Social bond theory: Focuses on building positive social connections (e.g., parenting classes, community engagement)

Self-control theory: supports cognitive behavioral therapy to help individuals control impulses and make better decisions

How do theoretical perspectives relate to treatment practices and outcomes?

Recognizes that men and women have shared and unique needs

Integrated approaches:

• acknowledge gendered experiences (e.g., trauma in women)

• tailor intensity, content, and delivery of treatment programs

• combine gender-neutral and gender-specific elements to address disparities and improve outcomes

What is an integrated approach to gender and treatment outcomes?

Access and outcomes are unequal:

• White individuals are more likely to be diverted to treatment

• Biases from staff, community conditions, and cultural misunderstandings impact treatment quality and success for Black and Hispanic individuals

What is the role of race/ethnicity in treatment outcomes?

People with higher SES have:

• More resources to pay for private treatment

• greater stability, making it easier to comply with conditions and benefit from programs

Lower SES individuals often receive lower-quality, state-funded services, and face greater structural barriers like housing bans and job scarcity

What is the role of socioeconomic status in treatment outcomes?

• Pre-incarceration disadvantages (education, trauma, poverty)

• Availability and quality of programming in prisons and communities

• Social networks and community support

• Perceptions of staff, federal/state policy, and local funding

• Legal restrictions based on criminal history (housing, jobs, voting)

What are some factors that are important for inequalities in post-conviction and treatment outcomes?

The National Crime Victimization Survey (NCVS) is the main source

Other sources include the UCR (Uniform Crime Reports), NIBRS, and smaller specialized surveys, especially for gender-based violence or cybercrime

Where does most of our information about victimization come from?

Advantages:

• Captures victimizations that are not reported to police

• Provides detailed information about victims

Disadvantages:

• Misses vulnerable groups (e.g, homeless)

• Has recall issues

• Excludes victims under age 12

• May miss repeat victimization and household-based offenses

What are some advantages and disadvantages of the NCVS?

Overall, less than half of all victimizations are reported

Reporting rates vary:

• 70% for motor vehicle theft

• 33% for rape/sexual assault

• 48% for violent victimizations in 2022 (up from 42% in 2018)

• 32% for property crimes in 2018

What is the extent of victimization reported to the police?

Young people (ages 12-24), especially those living in low-SES, urban, minority communities

Native American and Black Individuals have the highest rates of serious violent victimization

What demographics are most likely to be victimized?

In urban areas, and among individuals in low socioeconomic neighborhoods

Rural areas have lower rates except in the lowest SES category

Where is victimization concentrated?

Historically, men experienced more, but since 2013, rates for women and men have been similar

Women are more likely to be victimized by someone they know, especially in sexual and domestic violence cases

What is the relationship between violent victimization and gender?

Lower SES individuals are more likely to be victimized

Victimization remains high in poor neighborhoods regardless of race, but Black individuals in higher SES still face elevated risks

What is the relationship between violent victimization and socioeconomic status?

Men are more likely to be homicide victims (77.3%)

Women are more often killed by someone they know, suggesting different victim-offender dynamics

What role does gender play in homicides?

Black individuals are more likely to be murdered than white individuals

Most homicides are intra-racial

• 80-90% of homicide victims are killed by someone of the same race/ethnicity

What role does race/ethnicity play in homicides?

Men are more likely:

• 52.6% of male victims were attacked by strangers vs. 30% of female victims

• In sexual assaults, only 17% of women were victimized by strangers compared to 66% of men

Who is more likely to be victimized by strangers—men or women?

Financial loss: Victims recover less than 30% of economic losses

Medical costs: Over half a million people seek care, many hospitalized

Mental health: PTSD, depression, long-term trauma

Lost wages, relocation, unemployment, especially in ongoing victimization like stalking

What are some individual costs of victimization?

Suggests that certain traits or behaviors put someone at continuous risk, regardless of past victimization

What is risk heterogeneity in recurring victimization?

Past victimization increases future risk because of how the incident played out (e.g, success of offender, no change in security)

What is state dependence in recurring victimization?

Combines both theories above

Suggests that people who are already at risk often cannot respond effectively (e.g., poor individuals can’t afford better security), keeping them vulnerable

What is the compounding vulnerability argument in recurring victimization?

Victim credibility can affect:

• Whether police arrest offenders

• Prosecutors filing charges

• Jury decisions and judge sentencing

Stereotypes (e.g., race, age, gender) heavily influence perceptions

What role do perceptions of victims play in the criminal justice system?

Mendelsohn’s categories range from completely innocent to most guilty

Schafer’s categories consider social and biological weakness

Important because they affect blame, legal outcomes, and media narratives, often influenced by race, class, and gender

What are some categorizations of victim culpability and why are they important?

Describes the relationship between victim and offender

When the offender is known to the victim, it can:

• Reduce credibility

• Increase victim-blaming

• Lower conviction rates

• Affect media and societal reaction

What is the victim-offender dyad and why is it important?

Suggest victimization occurs when:

• A motivated offender, suitable target, and lack of capable guardianship converge

Emphasize that daily routines and lifestyles influence risk (e.g., going out at night

What are routine activities and lifestyle theories?

Presence of police or security

Surveillance (e.g., lighting, cameras)

Community cohesion (collective, efficacy)

Economic resources and neighborhood infrastructure

What factors influence levels of capable guardianship?

Victimization is highest in urban areas, particularly low-income and disorganized neighborhoods

Rural areas have the lowest rates, though extreme poverty can reverse this trend

How does location relate to rates of victimization?

Disadvantaged neighborhoods often have:

• Higher rates of violent and property crime, making residents more vulnerable to victimization

• Less collective efficacy (community cohesion and informal social control), which reduces protective community factors

• These areas also experience structural neglect (underfunded schools, fewer resources, over-policing), which reinforces cycles of victimization

How do disadvantaged neighborhoods relate to rates of victimization?

Traditional victimization focuses on direct, interpersonal harm (e.g., assault, robbery)

Structural victimization is indirect and rooted in systemic inequalities—where institutions or social structures (e.g., laws, economic systems, health care, policing) create or worsen harm, especially for disadvantaged populations

It includes unequal treatment by the justice system, environmental hazards, and institutional negligence, often without a single identiable “offender”

How does the idea of structural victimization differ from traditional victimization?

The backlash hypothesis suggests that as women gain more equality in society (e.g., workplace presence, independence), they may experience increased victimization due to resistance from those who feel threatened by this shift in power dynamics

This can manifest in gender-based violence or more frequent targeting in public spaces

What is the backlash hypothesis regarding victimization and gender equality?

The ameliorative hypothesis argues the opposite of the backlash hypothesis; that increased gender equality reduces victimization of women

Greater equality can lead to better social protections, more awareness, stronger social networks, and better institutional responses (e.g., reporting systems, legal protections)

What is the ameliorative hypothesis?

State-sanctioned violence refers to harm or victimization perpetrated or enabled by government agencies or legal systems such as:

• Police brutality

• Excessive force

• Neglect in prisons or detention centers

Victims of this violence often face few options for justice because the perpetrator is part of the system meant to protect them. This can result in underreporting, mistrust, and repeated harm

What is state-sanctioned violence and what does it mean for people who face victimization by legal authorities?

Structural victimization disproportionately affects racial and ethnic minorities due to:

• Over-policing of communities of color

• Harsher sentencing and higher incarceration rates

• Discriminatory housing, health, and education policies

For example, in the opioid crisis, white opioid users were portrayed as needing treatment, while Black users in the crack epidemic were criminalized

What is the connection between race/ethnicity and structural victimization?

Opioid Crisis Response

• Wealthy pharmaceutical companies like Purdue Pharma contributed to widespread addiction and overdose deaths

• They received lighter punishments compared to individuals using or selling opioids, showing unequal justice enforcement

Criminalization of Drug Use

• Many individuals addicted to prescription opioids were arrested instead of treated

• Racial disparities emerged in who was offered treatment vs. incarceration

Environmental and Neighborhood Neglect

• Communities of color often live near toxic waste sites or poorly maintained infrastructure due to environmental racism, increasing long-term health and safety risks

Discuss at least three unique forms of structural victimization

Medical/Pharmaceutical Harm

• Unlike traditional victimization (e.g., assault by a person), this involves corporate and institutional actors

• Victims may not realize they were harmed until much later, and the harm is often legal but unethical

• Solution: Stricter regulations, more corporate accountability, and legal reform to close loopholes

Media Bias and Victim Blaming

• Media portrayals can contribute to public shaming or disbelief, especially for victims from marginalized groups

• Unlike traditional victimization where harm is physical, this is emotional and reputational

• Solution: Journalistic standards, victim-sensitive reporting, and legal protections against defamation

Discuss at least two types of untraditional victimization. Compare and contrast to traditional victimization, including complications and potential solutions.