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It is widely known that America incarcerates more of its population than any other
country. Since the 1970’s, incarceration rates have skyrocketed. According to Wildeman and
Western (2010), America’s incarceration rate today is roughly seven times higher than the
Western European average (p. 159). Rudell (2004) states that “European nations typically
imprison less than 150 inmates per 100,000 residents”(p. 1). In the mid 1970’s, Americans were
incarcerated at a rate of only 100 out of every 100,000 people, equaling about 2 percent of the
population that went to prison at some point in their lives (Wildeman & Western, 2010, p. 159).
Wildeman and Western (2010) also state that “As of the early 2000’s, 6.6 percent of Americans
could expect to go to prison at some point (p. 159). America has shifted to a mass incarceration
era since the 1970’s resulting in an increased risk for every person to go to prison at some time in
their life (Wildeman & Western, 2010, p. 159). Mass incarceration has caused many problems
within the United States’ correctional system leading to problems like overcrowding. Mass
incarceration affects all races but has become a significant problem for minorities. Fixing this
problem involves not an institutional solution, but a societal solution that would change
American’s perceptions on minorities and crime. The procedure of creating racial impact
statements would address disparities for the system of criminal justice and could be the start to
addressing the race issues outside of the system on a bigger scale so that all races and ethnicities
are more equal.
Although changes in America’s criminal justice system have created inequality for all
minorities when compared to Whites, African American men are significantly and
disproportionately represented within the system of corrections (Blau & Blau, 1982; Cole, 2000;
Currie, 1998; Jackson, 1997; Mauer, 2011; National Association for the Advancement of
Colored People [NAACP], 2105; Pettit & Western, 2004; Reiman, 2007; Ruddell, 2004; Walker

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et al., 2012; Welch, 1999; Western, 2006; Western, 2007; Western & Pettit, 2000; Wilson,
2009). The NAACP (2015) states that “One in six black men had been incarcerated as of 2001. If
current trends continue, one in three black males born today can expect to spend time in prison
during his lifetime” (factsheet). According to Walker et al. (2012) “ African Americans comprise
less than 15 percent of the U.S. population but nearly 40 percent of all incarcerated offenders”
(p. 406). Stemming from that, prison statistics from 1988 to July 1994 show that the number of
Black inmates increased 355% compared to a 67% increase for Whites (Jackson, 1997, p. 495).
African Americans are incarcerated at rates six to eight times higher than Whites (Pettit &
Western, 20004; NAACP, [factsheet], 2015; Petersilia, 2003; Western 2006). Based on that
statistic, it is not surprising that Blacks are more likely to be arrested, convicted and given a
harsher penalty than Whites. For example, when looking at death sentences it seems that the race
of the defendant has a significant impact on whether or not the death penalty will be given. Cole
(1999) states that “all other things being equal, defendants who kill White victims are much more
likely to receive the death penalty than those who kill Black victims” (p.132). In other words,
statistics show that when other factors are controlled, people who murder Whites are more likely
to receive the death penalty as a punishment and in fact, receive the death penalty more
frequently than people who murder people of other races or ethnicities.
One of the biggest ways we can see the disproportionality among African Americans
versus Whites is by looking at drug laws. Due to the war on drugs, legislators created laws that
targeted certain types of drugs that Whites did not frequently use. For instance, crack cocaine
and powder cocaine have the same chemical makeup. Unfortunately, crack is cheaper than
powder cocaine which means the lower classes are more likely to use it. Since the lower classes
consist of more minorities than other classes and Blacks represent a large portion of the minority

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population, they are more likely to use crack over cocaine. Accordingly, Cole (1999) states that
“about 90 percent of federal crack cocaine defendants are Black…. and a 1992 study found that
not a single White person had been prosecuted on federal crack cocaine charges”(p.142). The
problem here is that the two drugs are technically the same, but the laws targeted the impure drug
because Whites believed minorities used it more. Interestingly, as of 2002 Whites and Hispanics
are more than ⅔ of the crack cocaine users in America (NAACP, 2015). The NAACP also
states another startling fact that “five times as many Whites are using drugs as African
Americans, yet African Americans are sent to prison for drug offenses at ten times the rate of
Whites” (NAACP, 2015). Obviously, inequality exists between Whites and Blacks and this
inequality has led and continues to lead to arrest and sentencing disparities that greatly impact
the lives of African Americans.
Besides drug use and changes in America’s criminal justice system, Blacks end up
incarcerated more than other races due to a number of factors. Research has found that African
American men who have little to no education and come from a low socioeconomic class are at a
greater disadvantage and experience even higher rates of incarceration than other races (Blau &
Blau, 1982; Jackson, 1997; Pettit & Western, 2004; Walker et. al. 2012; Wildeman & Western,
2010; Western, 2007; Western & Pettit, 2000; Wilson, 2009).
African Americans have an increased risk of incarceration, because they are identified as
a minority and minorities represent a disproportionate amount of the lower socioeconomic class
(Pettit & Western, 2004; Tischler 2014; Reiman, 2007; Western, 2006; Wildeman & Western,
2010). There is great economic inequality that exists between the social classes in the United
States and a large portion of inmates within the correctional system are of poor, lower
socioeconomic status. When America changed to a “get tough on crime” era and incarceration

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rates dramatically increased, so did the socioeconomic inequalities. Researchers have found a
link between increased crime in poor urban neighborhoods and increased rates of imprisonment
(Pettit & Western, 2004, 153). The majority of crime occurs in poor, urban communities.
Because minorities are largely the residents living in these poor neighborhoods, they are more
likely to be subjected to increased scrutiny by police than residents in higher class
neighborhoods. In fact, researchers believe that the poor are seen as threatening and more likely
to disrupt social order by police (Pettit & Western, 2004, p. 153). To Whites, minorities are seen
as outsiders. Cole (2000) states that “Stigmatizing African Americans and the poor as ‘criminals’
eases the guilt” the upper classes might feel for the significant difference in the opportunities
available to minorities (p. 177).
Additionally, researchers have found a link between economic inequality and crime. It
appears that a majority of inequality based on income promotes criminal violence due to the
accumulating feelings of despair, alienation and “pent-up aggression” (Blau & Blau, 1982).
According to Currie (1998), “Being poor in America means being at the bottom of an
exceptionally harsh system of inequality” (p. 127). Seeing that being born into poverty or at the
lower end of the social ladder makes one's life more difficult, being Black leaves one with even
greater hardships and less advantages. African Americans have an increased risk of living in
poverty and becoming trapped at the bottom of society’s social ladder because of their race
(Currie, 1998, p. 127).
As poverty and lack of opportunities usually go hand-in-hand, so too, does inadequate
education and an increased risk of incarceration.. A lack of education has been found to be a
common factor among those who are poor and incarcerated and is a contributing factor for the
inequality in incarceration rates for African Americans (Pettit & Western, 2004; Petersilia, 2003;

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Western, 2006). Pettit & Western (2004) state that “High school dropouts are three to four times
more likely to be in prison than those with twelve years of schooling” (p. 160). Likewise, fifty-
nine percent of America’s prison population is either “completely illiterate” or “functionally
illiterate” (Petersilia, 2003, electronic source, no page #). Because Blacks tend to live in poorer
neighborhoods, their schools are likely to be poorly ran. An adequate education system is
important, because schools are where children learn the rules of society such as proper behavior,
and the knowledge and skills that will assist them in everyday tasks such as reading and writing.
Without schools that can teach Blacks and others who live in poverty, the skills that will help
them find employment after they finish school, they have a greater chance of turning to crime as
a means of employment.
Although a low education level is not the sole factor that sends African Americans to
prison, it does increase African Americans’ chances of incarceration to nearly 1 out of 5 (Pettit
& Western, 2004). As a matter of fact, Western (2006) concluded from his study conducted from
1995 to 2001 that African American men who had less than a high school education went to
prison at a rate of 16.33 percent compared to 3.37 percent for Whites who also had less than a
high school education (p.74).Wilson (2009) also confirms that inadequate education, which
contributes to unemployment, is very much related to African American’s risks of incarceration.
Obviously, racial disparities are not only caused by poor education and low
socioeconomic status. The overrepresentation of Blacks in America’s criminal justice system
stems from a societal and systemic problem. The racial inequality in American society impacts
the criminal justice system and has led to the disparities in arrests, conviction and incarceration
for minorities and African Americans especially. A solution to this macro problem is a macro
solution that does not necessarily erase racism in American society as a whole, but would try to

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eliminate racism as much as possible within the criminal justice system (Coker, 2003; Jackson,
1997; Mauer, 1999, 2001, 2011; Walker et al., 2012; Wilson, 2009). A way to combat racial
inequality in all segments of the criminal justice system is by using racial impact statements
(Mauer, 1999, 2007, 2009, 2011). Impact statements are reports based on assessments conducted
by legislators that examine the potential impact and repercussions of laws before they are
enacted (Mauer, 2009). Assessments such as these are conducted routinely and “Are widely
viewed as responsible mechanisms of government,” because they can help prevent unforeseen
consequences (Mauer, 2009, p. 19). For the purpose of reducing racial disparities, the first step in
producing a racial impact statement is to assign an agency to prepare the statement. In the
criminal justice system, the agencies most qualified to do this are Sentencing Commissions, the
Department of Corrections and a budget and fiscal agency, because they are the major controllers
of the system (Mauer, 2007). Next, the agency would create the process for the racial impact
statements. Once the process is created, the agency would look at the areas a proposed legislation
would impact, such as, racial representation within prison populations. Lastly, the agency should
examine any data from the possible impact results to determine its effect and vote on the means
by which the legislation would be implemented (Maurer, 2007). The agency should consider
whether the crime control benefits of the piece of legislation outweigh the possible consequences
of racial disparities and if there are other policy changes that could address the problem without
creating any racial disparities (Mauer, 2007).
Racial impact statements are crucial, because they can determine any disparities or
inequalities a law may create for citizens or any portion of the population. Specifically, racial
impact statements can be used to determine whether a particular law or legislation will
discriminately effect a particular race. Because it is very hard to reverse a criminal justice policy

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once it has been adopted, racial impact statements can help prevent any “unintended
consequences” (Maurer, 2009, p. 19). These statements can then be used to examine any
legislation that would impact an individual or every division of the criminal justice system. After
looking at any potential repercussions, policy makers can then decide whether or not to alter the
piece of legislation so that it can still enhance public safety without creating disparities. One way
to alter a piece of legislation without discarding the entire bill would be to redefine it so that it is
more specific or targeted. Policies that do this will acknowledge any concerns of the policy while
also defining any distinctions in any penalties that would negatively affect minorities (Mauer,
2009). Another way to adjust a piece of legislation would be to add or increase mandatory
sentences or penalties for violators of the policy (Maurer, 2009). Doing this would reduce any
potential racial disparities by holding everyone accountable with same punishment. Combined,
these two ways of addressing issues with policies after the racial impact statements have brought
light to any repercussions, allow legislators to consider the policy goals and can resolve probable
negative outcomes.
Although impact statements are used in different parts of the government, like any
solution or process, implementation can be tricky, because each state has its own criminal justice
system that varies but still works under the federal criminal justice system. In order for this
solution to be effective, it must be unified nationally and implemented uniformly. Technical
issues that can arise due to creating a racial impact statement include lack of racial/ethnic data,
limited data in general, over abundance of bills that need an impact statement, having multiple
decision makers who can’t agree, difficulties in ensuring enforcers such as courtroom personnel
will properly implement any new legislation, and impact projections that are not sophisticated
(Mauer, 2007).

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All things considered, racial disparities within America’s criminal justice system are
contributed by inequalities in education and socioeconomic status. The race issues of America
place minorities at the bottom of the socioeconomic ladder which decreases their chances of
receiving adequate education and the opportunities they deserve to live a life outside of prison.
There is no reason that just because someone comes from a particular race they have a greater
chance of going to prison at some point in their life. To give African Americans and minorities
equal opportunities, examinations of the potential racial impacts of bills before they are passed
are a vital step in decreasing racial disparities. Implementing racial impact statements nationally
is the first step to fixing race issues in American society. By addressing discrimination in one
system and then others individually, over time racial disparities won’t be as big of a problem as
they are now and other institutions and problems in American society such as inequalities
between classes and education can be addressed.