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3 - Criminal Law

Coloring Punishment: Implicit Social Cognition and Criminal Justice

Published online by Cambridge University Press:  05 June 2012

Justin D. Levinson
University of Hawaii, School of Law
Robert J. Smith
University of North Carolina, School of Law
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The United States has become the world's leader in incarceration. The size and pervasiveness of the criminal justice regime have no parallel in history. One in 100 citizens are locked away in prisons and jails – a figure that reflects a tenfold expansion in the corrections population in less than four decades. If we count those individuals who are currently on probation or parole, more than 7 million men and women are under legal supervision – a number equal to the population of Israel. This system of mass incarceration – which includes policing, corrections, and the courts – employs 2.2 million Americans – which exceeds the 1.7 million Americans employed in higher education and the 650,000 employed by the system of public welfare. At the turn of the millennium, approximately 1.5 million children had at least one parent in jail or prison, and 10 million have had a parent in jail at some time during their lives.

Racial disparities are a defining feature of this regime. One in eight black males between the ages of 20–29 are in prison or jail on any given day, as compared with 1 in 59 white males of the same age. At the beginning of the new millennium black males had almost a 1 in 3 chance of serving time in prison, as compared with 3 in 50 for white males. The Leadership Conference on Civil Rights has suggested that current criminal justice policies and practices “threaten to render irrelevant fifty years of hard-fought civil rights progress.”

Publisher: Cambridge University Press
Print publication year: 2012

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Weich, Ronald H.Angulo, Carlos T. 2000
Kang, JerryBanaji, MahzarinFair Measures: A Behavioral Realist Revision of “Affirmative Action,” 94 2006
Greenwald, AnthonyKrieger, LindaImplicit Bias: Scientific Foundations 94 2006
Eberhardt, Jennifer L.Seeing Black: Race, Crime, and Visual Processing 87 2004PubMed
Lieberman, Matthew D.An fMRI Investigation of Race-related Amygdala Activity in African-American and Caucasian-American Individuals 8 2005PubMed
Goff, Philip A.Not Yet Human: Implicit Knowledge, Historical Dehumanization, and Contemporary Consequences 94 2008PubMed
United States Sentencing Commission 1995
Bontrager, StephanieRace, Ethnicity, Treatment and the Labeling of Convicted Felons 43 2005
Beckett, KatherineDrug Use, Drug Possession Arrests and the Perception of Race: Lessons from Seattle 52 2005
Skiba, Russell J.The Color of Discipline: Sources of Racial and Gender Disproportionality in School Punishment 34 2002
Casella, RonniePunishing Dangerousness Through Preventative Detention 99 2003
Graham, SandraLowery, BrianPriming Unconscious Racial Stereotypes About Adolescent Offenders 28 2004PubMed
Vavrus, FrancesCole, Kim M.I Didn't Do Nothin’: The Discursive Construction of School Suspension 34 2002
Levinson, Justin D.Forgotten Racial Equality: Implicit Bias, Decision Making, and Misremembering 57 2007
Bridges, George S.Steen, SaraRacial Disparities in Official Assessments of Juvenile Offenders: Attributional Stereotypes as Mediating Mechanisms 63 1998
Maggi, LauraMcCarthy, Brendan 2010
Akalis, Scott A.Crime Alert! How Thinking About a Single Suspect Automatically Shifts Stereotypes Toward an Entire Group 5 2008
Correll, JoshuaEvent-Related Potentials and the Decision to Shoot: The Role of Threat Perception and Cognitive Control 42 2006
Correll, JoshuaAcross the Thin Blue Line: Police Officers and Racial Bias in the Decision to Shoot 92 2007
Sayre, Alan 2007
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