The “War on Drugs” that developed during the presidency of Richard Nixon provides another example of the criminal justice system being used
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Suggested Citation:"7 Racial Bias and Disparities in Proactive Policing." National Academies of Sciences, Engineering, and Medicine. 2018.
Proactive Policing: Effects on Crime and Communities. Washington, DC: The National Academies Press. doi: 10.17226/24928.
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in a way that disproportionately impacted non-White communities. As the federal government expanded the War on Drugs through the 1980s, the disparity in implementation manifested itself in two notable ways. First, Black people were arrested for drug use in proportions, as a percentage of group population, that were much higher than survey data on drug use would predict. By the early 1990s, Black adults made up only 13 percent of drug users (according to survey data) but constituted 40 percent of those arrested for drug violations (
Langan, 1995).
Second, federal penalties for drug violations put in place by the Anti-Drug Abuse Act of 1986 were substantially more severe for drugs that Black people were more likely to use. In 1993, the National Household Survey on Drug Abuse found that 12 percent of White people over the age of 12 reported any lifetime use of cocaine, compared with 9.5 percent of Black and Latino people. The same survey found that cocaine in its processed, “crack” form was more popular among Black and Hispanic people than among White people: 3.4 percent of Black and 2.0 percent of Hispanic people over the age of 12 admitted to ever using crack cocaine, compared to 1.6 percent of White people. With little debate, the Anti-Drug Abuse Act imposed a 5-year mandatory minimum sentence for possession of only 5 grams of crack cocaine, while it imposed the same mandatory minimum punishment for possession of 500 grams of powder cocaine. Although the social settings of typical transactions for crack and powder cocaine are different and the faster absorption of processed crack cocaine leads to different consumption experiences (
Nestler, 2005;
National Institute on Drug Abuse, 2016), the 100:1 weight ratio in thresholds for punishment for crack and powder put in place in 1986 is difficult to justify using objective measures of social harm (
Bobo and Johnson, 2004;
Tonry and Melewski, 2008). Despite repeated recommendations by the U.S. Sentencing Commission to revise the crack quantity thresholds upward, to lessen the disparity between the sentencing scheme for the two forms of the drug, and several legislative efforts to mitigate the difference, Congress did not act to reduce the sentencing disparity between crack and powder cocaine until the Fair Sentencing Act of 2010.
Finally, the Violent Crime Control and Safe Streets Act of 1994, which itself contained no explicit mention of race, was enacted in the context of fears of “super-predators”: understood to be young people with “absolutely no respect for human life and no sense of the future,” who were overwhelmingly from “
lack inner-city neighborhoods” (DiLulio, 1995). This law implemented mandatory life sentences for people convicted of serious federal crimes if they had previously been convicted of drug or violent offenses at the federal or state level. While race-neutral on their face, such repeat-offender sanctions and “three strikes” laws, which impose longer punishments on people who have had more frequent interactions with the
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Suggested Citation:"7 Racial Bias and Disparities in Proactive Policing." National Academies of Sciences, Engineering, and Medicine. 2018. Proactive Policing: Effects on Crime and Communities. Washington, DC: The National Academies Press. doi: 10.17226/24928.
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criminal justice system, have led to racial disparities in punishment. In part supported by federal funding programs designed to increase local policing, police departments serving cities with more than 250,000 people have more police per capita (around 22 per 1,000 people in 2014) than departments in other places (about 16 per 1,000 people in 2014) (U.S. Department of Justice, 2014). To the extent that the Black population of the United States is more likely to live in larger cities than the White population,3 Black people are more likely to come in contact with the police, all other things being equal, simply because they live in places where there are more police officers.