No, the Criminal-Justice System Isn’t Racist

null By Jason L. RileyJan. 2, 2024 6:34 pm ETJournal Editorial Report: Best guesses of what's to come from Kim Strassel, Bill McGurn and Dan Henninger. Images: AP/AFP/Getty Images Composite: Mark KellyThe notion that the U.S. criminal-justice system is stacked against black people has gained currency since the death of George Floyd. It’s often cited as a basis for everything from ending cash bail and closing prisons to legalizing drugs, decriminalizing petty theft and offering reparations to the descendants of slaves. But is it supported by the evidence?Not according to a new academic paper by two Stetson University sociologists, Christopher Ferguson and Sven Smith. After analyzing 51 studies on sentencing disparities that were published between 2005 and 2022, they conclude that “overrepresentation among perpetrators of crime explains incarceration disparities to a greater degree than does racism in the criminal justice system.” In other words, blacks are incarcerated at higher rates

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No, the Criminal-Justice System Isn’t Racist
null
Jason L. Riley

Jan. 2, 2024 6:34 pm ET

Journal Editorial Report: Best guesses of what's to come from Kim Strassel, Bill McGurn and Dan Henninger. Images: AP/AFP/Getty Images Composite: Mark Kelly

The notion that the U.S. criminal-justice system is stacked against black people has gained currency since the death of George Floyd. It’s often cited as a basis for everything from ending cash bail and closing prisons to legalizing drugs, decriminalizing petty theft and offering reparations to the descendants of slaves. But is it supported by the evidence?

Not according to a new academic paper by two Stetson University sociologists, Christopher Ferguson and Sven Smith. After analyzing 51 studies on sentencing disparities that were published between 2005 and 2022, they conclude that “overrepresentation among perpetrators of crime explains incarceration disparities to a greater degree than does racism in the criminal justice system.” In other words, blacks are incarcerated at higher rates than other groups because they commit crimes at higher rates, not due to systemic bias.

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