Topic 6 - Ethnicity and criminalisation

Significant ethnic diffs in likelihood of being involved in CJS. Black people + Asians over-represented in system:
 - black people 3% population, 13.1% prison population
 - asians 6.5% population, 7.7% prison population

Don't tell us whether members of 1 ethnic group more likely to commit offence in 1st place - only tell about involvement w/ CJS.

Eg Crime Survey for England + Wales (CSEW) - asks to say what crimes been victim of - can gain ingo about ethnicity + offending when ask to identify ethnicity of person who committed crime against them. Show crime intra-ethnic rather than inter-ethnic.

Limitations:
 - rely on memories
 - only cover personal crimes
 - exclude under 10s

Ask to disclose own dishonest + violent behaviour. 

Graham + Bowling (1995): 2,500 sample, blacks + whites similar rates of offending (43%:44%), same w/ Indians + Pakistanis (30%:28%).

Findings challenge stereotype black people more likely than white people to offend, support view Asians less likely.

Limitations:
 - evidence inconsistent
 - may lie

Many allegations of oppressive policing.

Minority ethnicities more likely to be stopped + searched. Only small proportions result in arrest. Terrorism Act (2000), police can stop + search whether or not have reasonable suspocion. Stats show Asians more likely under Terrorism Act.

Police racism: Macpherson Report (1999), police investigation of racist murder Stephen Lawrence, concluded institutional racism w/in Met Police.

Ethnic diffs in offending: reflects ethnic diffs in levels of effending:
 - low discretion stops: police act on relevant info
 - high discretion stops: officers can use stereotypes, police act w/o specific intelligence

Demographic factors: ethnic minorities over-represeted in pop groups most likely to be stopped eg young, unemployed. Groups all more likely to be stopped, regardless of ethnicity - also groups higher proportion ethnic minorities, so minorities get stopped more.

2014/2015 arrest rate for black people 3x rate for white people. Once arrested, blacks + Asians less likely than whites to receive a caution. May be b/c membors of minority ethnic groups more likely to deny offence + to exercise right to legal advice.

Crown Prosecution Service (CPS) responsible for deciding whether case should be prosecuted in court. Must decide whether realistic prospect of conviction + whether prosecution in public interest.

Studies suggest CPS more likely to drop cases against ethnic minorities - Bowling + Phillips (2002) may be b/c evidence presented by police often weaker + based on stereotyping.

When cases go ahead, ethnic minority members more likely to elect for trial in Crown Court rather than magistrates', maybe b/c of mistrust of magistrates' impartiality.

Black + Asian defendants less likely to be found guilty. Suggests discrimination - bringing weaker cases against ethnic minorities thrown out by courts. Black offenders imprisonment rates 3% higher, Asians 5% higher than white. 

Intended as risk assessment to assist magistrates in decision.

Hudson + Bramhall (2005) - PSRs allow for discrimination. Found reports on Asian offenders less comprehensive, suggested were less remorseful than white offenders.

2014, over 1/4 pison pop minority ethnic groups. Blacks 4x more likely than whites to be in prison.