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Uneven Justice: State Rates of Incarceration By Race and Ethnicity, Sentencing Project, 2007

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Uneven Justice:
State Rates of Incarceration
By Race and Ethnicity
Marc Mauer and Ryan S. King
July 2007

For further information:
The Sentencing Project
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Suite 1000
Washington, D.C. 20004
(202) 628-0871
www.sentencingproject.org

This report was written by Marc Mauer, Executive Director,
and Ryan S. King, Policy Analyst, respectively, of The
Sentencing Project.
The Sentencing Project is a national non-profit organization
engaged in research and advocacy on criminal justice policy
issues. Support for the organization has been provided by the
Morton K. and Jane Blaustein Foundation, Ford Foundation,
Gimbel Foundation, Herb Block Foundation, JEHT Foundation,
Jewish Funds for Justice, Open Society Institute, Public
Welfare Foundation, Sandler Family Supporting Foundation,
The Starfish Group, Wallace Global Fund, and individual
donors.
The Sentencing Project works for a fair and effective criminal
justice system by promoting reforms in sentencing law and
practice and alternatives to incarceration. To these ends, it
seeks to recast the public debate on crime and punishment.
Copyright © 2007 by The Sentencing Project. Reproduction of this
document in full or part in print or electronic format only by permission of
The Sentencing Project.

INTRODUCTION
Since the early 1970s the prison and jail population in the United States has
increased at an unprecedented rate. The more than 500% rise in the number
of people incarcerated in the nation’s prisons and jails has resulted in a total
of 2.2 million people behind bars.
This growth has been accompanied by an increasingly disproportionate racial
composition, with particularly high rates of incarceration for African
Americans, who now constitute 900,000 of the total 2.2 million incarcerated
population. The exponential increase in the use of incarceration has had
modest success at best in producing public safety,1 while contributing to
family disruption and the weakening of informal social controls in many
African American communities. Overall, data from the Bureau of Justice
Statistics document 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.2 The prevalence of
imprisonment for women is considerably lower than for men, but many of
the same racial disparities persist, with black women being more likely to be
incarcerated than white women.3
While the disproportionate rate of incarceration for African Americans has
been well documented for some time, a significant development in the past
decade has been the growing proportion of the Hispanic population entering
1

See, for example, Ryan S. King, Marc Mauer, and Malcolm C. Young, Incarceration and

Crime: A Complex Relationship, The Sentencing Project, 2005.
2

Thomas P. Bonczar, Prevalence of Imprisonment in the U.S. Population, 1974-2001, Bureau

of Justice Statistics, 2003, p. 8.
3

See, for example, The Sentencing Project, Women in the Criminal Justice System, May 2007.

PAGE 2

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

prisons and jails.4 In 2005, Hispanics comprised 20% of the state and federal
prison population, a rise of 43% since 1990.5 As a result of these trends, one
of every six Hispanic males and one of every 45 Hispanic females born today
can expect to go to prison in his or her lifetime.6 These rates are more than
double those for non-Hispanic whites.
While these national figures are disturbing, they mask the extreme state-level
variations in the impact of incarceration on communities of color. This
report examines racial and ethnic dynamics of incarceration by state and
highlights new information that extends the findings of previous analyses7 by
including data on jail populations and the impact of incarceration on the
Hispanic community.8

4

Hispanic is considered an ethnic category that is exclusive with the racial categories of black

and white. We use the term “Hispanic” rather than “Latino” to follow BJS terminology.
5

Louis W. Jankowski, Correctional Populations in the United States, 1990, Bureau of Justice

Statistics, 1992, p. 86; Paige M. Harrison and Allen J. Beck, Prisoners in 2005, Bureau of
Justice Statistics, 2006, p. 8.
6

Bonczar, supra note 2.

7

See, among others: Alfred Blumstein, “Racial Disproportionality of U.S. Prison

Populations Revisited,” University of Colorado Law Review, Vol. 64, No. 3, 1993; Michael
Tonry, “Racial Disproportions in US Prisons,” British Journal of Criminology, Vol. 34, 1994;
Marc Mauer, “Intended and Unintended Consequences: State Racial Disparities in
Imprisonment,” The Sentencing Project, January 1997; Jamie Fellner, “Punishment and
Prejudice: The Racial Costs in the War on Drugs,” Human Rights Watch, May 2000.
8

Data for Native Americans, Asian Americans, and other racial groups are not available for

analysis.

PAGE 3

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

Highlights of this analysis include:
•
•
•
•

•

African Americans are incarcerated at nearly six (5.6) times the
rate of whites;
Hispanics are incarcerated at nearly double (1.8) the rate of
whites;
States exhibit substantial variation in the ratio of black-to-white
incarceration, ranging from a high of 13.6-to-1 in Iowa to a low
of 1.9-to-1 in Hawaii;
States with the highest black-to-white ratio are disproportionately
located in the Northeast and Midwest, including the leading
states of Iowa, Vermont, New Jersey, Connecticut, and
Wisconsin. This geographic concentration is true as well for the
Hispanic-to-white ratio, with the most disproportionate states
being Massachusetts, Pennsylvania, New York, New Hampshire,
and New Jersey; and,
States exhibiting high Black or Hispanic ratios of incarceration
compared to whites fall into two categories: 1) those such as
Wisconsin and Vermont which have high rates of black
incarceration and average rates of white incarceration; and, 2) states
such as New Jersey and Connecticut which have average rates of
black incarceration and below-average rates of white incarceration.
In both cases, the ratio of incarceration by race is higher than
average.

PAGE 4

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

NATIONAL PICTURE: SUBSTANTIAL RACIAL
DISPARITY
The American prison and jail system is defined by an entrenched racial
disparity in the population of incarcerated people. The national
incarceration rate for whites is 412 per 100,000 residents, compared to 2,290
for African Americans, and 742 for Hispanics.9 These figures mean that 2.3%
of all African Americans are incarcerated, compared to 0.4% of whites and
0.7% of Hispanics.
TABLE 1 – Racial
Racial and Ethnic Rates of Incarceration
RACIAL/ETHNIC GROUP

RATE PER 100,000

White

412

Black

2,290

Hispanic

742

While these overall rates of incarceration are all at record highs, they fail to
reflect the concentrated impact of incarceration among young African
American males in particular, many of whom reside in disadvantaged
neighborhoods. One in nine (11.7%) African American males between the
ages of 25 and 29 is currently incarcerated in a prison or jail. 10 Moreover, the
uneven geographic distribution of incarceration in communities of color
means that the effects of this situation radiate beyond the individual to the
9

Except as otherwise noted, all incarceration data presented in this report are from Paige M.

Harrison and Allen J. Beck, Prison and Jail Inmates at Midyear 2005, Bureau of Justice
Statistics, 2006, p. 11
10

William J. Sabol, Todd D. Minton, and Paige M. Harrison, Prison and Jail Inmates at

Midyear 2006, Bureau of Justice Statistics, 2007, p. 9

PAGE 5

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

broader community. For example, criminologists James Lynch and William
Sabol found that three percent of a single Ohio county’s census block
groups11 comprised 20% of the state prison population.12 This concentration
among young males presents profound long-term consequences for
employment prospects, family formation, and general quality of life.

SIGNIFICANT STATE VARIATION IN RATES OF
INCARCERATION BY RACE
As is true for overall rates of incarceration, so too do racial and ethnic rates of
incarceration vary significantly by state, as seen in Table 2. In addition to
crime rates, the discretion of policymakers and practitioners in decisions
related to arrest, conviction, sentencing, and severity of statutory punishment
all play a key role in determining state rates of imprisonment. Moreover, it
underscores the importance of where, and for what offense, a person has been
convicted.

11

Census block groups represent between 1,000 and 3,000 residents.

12

James P. Lynch and William J. Sabol, Prisoner Reentry in Perspective, The Urban Institute,

2001, p. 16.

PAGE 6

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

TABLE 2 -- Prison & Jail Incarceration Rates, 2005
Rate of Incarceration
Incarceration per 100,000 Population
State

White

Black

Hispanic

State

White

Black

Hispanic

Alabama

542

1916

/

Missouri

487

2556

587

Alaska

500

2163

380

Montana

433

3569

846

Arizona

590

3294

1075

NATIONAL

412

2290

742

Arkansas

478

1846

288

Nebraska

290

2418

739

California

460

2992

782

Nevada

627

2916

621

Colorado

525

3491

1042

New Hampshire

289

2666

1063

Connecticut

211

2532

1401

New Jersey

190

2352

630

Delaware

396

2517

683

New York

174

1627

778

District of Columbia

56

1065

267

North Carolina

320

1727

/

Florida

588

2615

382

North Dakota

267

2683

848

Georgia

623

2068

576

Ohio

344

2196

613

Hawaii

453

851

185

Oklahoma

740

3252

832

Idaho

675

2869

1654

Oregon

502

2930

573

Illinois

223

2020

415

Pennsylvania

305

2792

1714

Indiana

463

2526

579

Rhode Island

191

1838

631

Iowa

309

4200

764

South Carolina

415

1856

476

Kansas

443

3096

/

South Dakota

470

4710

/

Kentucky

561

2793

757

Tennessee

487

2006

561

Louisiana

523

2452

244

Texas

667

3162

830

Maine

262

1992

/

Utah

392

3588

838

Maryland

288

1579

/

Vermont

304

3797

/

Massachusetts

201

1635

1229

Virginia

396

2331

487

Michigan

412

2262

397

Washington

393

2522

527

Minnesota

212

1937

/

West Virginia

392

2188

211

Mississippi

503

1742

611

Wisconsin

415

4416

/

* Incarceration rates based on data from the Bureau of Justice Statistics, Prison and Jail
Inmates at Midyear 2005. New Mexico and Wyoming have been excluded due to lack of data
on race and ethnicity.

PAGE 7

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

Table 3 shows that the black rate of incarceration ranges from a high of
4,710 per 100,000 (4.7% of the population) in South Dakota to a low of
851 (0.85% of the population) in Hawaii. Comparing the rates of
incarceration for African Americans (Table 3) with those for whites (Table 4)
reveals profound patterns of racial disparity. For example, the state with the
lowest rate of incarceration for African Americans – Hawaii, at 851 per
100,000 population – maintains a rate 15% higher than the state with the
highest rate for whites – Oklahoma, at 740 per 100,000 population. While
more than 1% of African Americans in 49 states and the District of
Columbia are incarcerated, there is not a single state in the country with a
rate of incarceration that high for whites.

PAGE 8

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

TABLE 3 -- Prison & Jail Incarceration Rates, 2005, By BLACK
BLACK Incarceration Rate
Rate of Incarceration per 100,000 Population
State

White

BLACK

Hispanic

State

White

BLACK

Hispanic

South Dakota

470

4710

/

Louisiana

523

2452

244

Wisconsin

415

4416

/

Nebraska

290

2418

739

Iowa

309

4200

764

New Jersey

190

2352

630

Vermont

304

3797

/

Virginia

396

2331

487

Utah

392

3588

838

NATIONAL

412

2290

742

Montana

433

3569
3569

846

Michigan

412

2262

397

Colorado

525

3491

1042

Ohio

344

2196

613

Arizona

590

3294

1075

West Virginia

392

2188

211

Oklahoma

740

3252

832

Alaska

500

2163

380

Texas

667

3162

830

Georgia

623

2068

576

Kansas

443

3096

/

Illinois

223

2020

415

California

460

2992

782

Tennessee

487

2006

561

Oregon

502

2930

573

Maine

262

1992

/

Nevada

627

2916

621

Minnesota

212

1937

/

Idaho

675

2869

1654

Alabama

542

1916

/

Kentucky

561

2793

757

South Carolina

415

1856

476

Pennsylvania

305

2792

1714

Arkansas

478

1846

288

North Dakota

267

2683

848

Rhode Island

191

1838

631

New Hampshire

289

2666

1063

Mississippi

503

1742

611

Florida

588

2615

382

North Carolina

320

1727

/

Missouri

487

2556

587

Massachusetts

201

1635

1229

Connecticut

211

2532

1401

New York

174

1627

778

Indiana

463

2526

579

Maryland

288

1579

/

Washington

393

2522

527

District of Columbia

56

1065

267

Delaware

396

2517

683

Hawaii

453

851

185

* Incarceration rates based on data from the Bureau of Justice Statistics, Prison and Jail
Inmates at Midyear 2005. New Mexico and Wyoming have been excluded due to lack of data
on race and ethnicity.

PAGE 9

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

Table 4 -- Prison & Jail Incarceration Rates, 2005,
2005, By WHITE Incarceration Rates
Rate of Incarceration per 100,000 Population
State

WHITE

Black

Hispanic

State

WHITE

Black

Hispanic

Oklahoma

740

3252

832

NATIONAL

412

2290

742

Idaho

675

2869

1654

Michigan

412

2262

397

Texas

667

3162

830

Delaware

396

2517

683

Nevada

627

2916

621

Virginia

396

2331

487

Georgia

623

2068

576

Washington

393

2522

527

Arizona

590

3294

1075

Utah

392

3588

838

Florida

588

2615

382

West Virginia

392

2188

211

Kentucky

561

2793

757

Ohio

344

2196

613

Alabama

542

1916

/

North Carolina

320

1727

/

Colorado

525

3491

1042

Iowa

309

4200

764

Louisiana

523

2452

244

Pennsylvania

305

2792

1714

Mississippi

503

1742

611

Vermont

304

3797

/

Oregon

502

2930

573

Nebraska

290

2418

739

Alaska

500

2163

380

New Hampshire

289

2666

1063

Missouri

487

2556

587

Maryland

288

1579

/

Tennessee

487

2006

561

North Dakota

267

2683

848

Arkansas

478

1846

288

Maine

262

1992

/

South Dakota

470

4710

/

Illinois

223

2020

415

Indiana

463

2526

579

Minnesota

212

1937

/

California

460

2992

782

Connecticut

211

2532

1401

Hawaii

453

851

185

Massachusetts

201

1635

1229

Kansas

443

3096

/

Rhode Island

191

1838

631

Montana

433

3569

846

New Jersey

190

2352

630

South Carolina

415

1856

476

New York

174

1627

778

Wisconsin

415

4416

/

District of Columbia

56

1065

267

*Incarceration rates based on data from the Bureau of Justice Statistics, Prison and Jail
Inmates at Midyear 2005. New Mexico and Wyoming have been excluded due to lack of data
on race and ethnicity.

PAGE 10

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

An examination of the ratio of black-to-white incarceration rates by state
illustrates not only the heightened use of imprisonment for African
Americans, but also regional differences in how incarceration policies
produce disparities. While the national black-to-white ratio of incarceration
is 5.6, among the states the ratio ranges from a high of nearly 14-to-1 in Iowa
to a low of less than 2-to-1 in Hawaii.13
In seven states – Iowa, Vermont, New Jersey, Connecticut, Wisconsin,
North Dakota, and South Dakota – the black-to-white ratio of incarceration
is greater than 10-to-1.
TABLE 5 – States
States with Highest and Lowest BLACKBLACK-TOTO-WHITE RATIO
STATE

BLACKBLACK-TOTO-WHITE RATIO

Highest

STATE

BLACKBLACK-TOTO-WHITE RATIO

Lowest

Iowa

13.6

Hawaii

1.9

Vermont

12.5

Georgia

3.3

New Jersey

12.4

Mississippi

3.5

Connecticut

12.0

Alabama

3.5

Wisconsin

10.6

Arkansas

3.9

13

We include data for the District of Columbia in each of the tables, but not in the

discussion since as a wholly urban jurisdiction it is not comparable to state populations.
Also, note that there are no racial and ethnic data available for New Mexico and Wyoming.

PAGE 11

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

TABLE 6 -- Prison & Jail Incarceration Rates, 2005, By BLACKBLACK-TOTO-WHITE RATIO
Rate of Incarceration
Incarceration per 100,000 Population
State

White

Black

B-TOTO-W
RATIO

State

White

Black

B-TOTO-W
RATIO

District of Columbia

56

1065

19.0

Virginia

396

2331

5.9

Iowa

309

4200

13.6

Oregon

502

2930

5.8

Vermont

304

3797

12.5

Arizona

590

3294

5.6

New Jersey

190

2352

12.4

West Virginia

392

2188

5.6

Connecticut

211

2532

12.0

NATIONAL

412

2290

5.6

Wisconsin

415

4416

10.6

Michigan

412

2262

5.5

North Dakota

267

2683

10.0

Maryland

288

1579

5.5

South Dakota

470

4710

10.0

Indiana

463

2526

5.5

Rhode Island

191

1838

9.6

North Carolina

320

1727

5.4

New York

174

1627

9.4

Missouri

487

2556

5.2

New Hampshire

289

2666

9.2

Kentucky

561

2793

5.0

Pennsylvania

305

2792

9.2

Texas

667

3162

4.7

Utah

392

3588

9.2

Louisiana

523

2452

4.7

Minnesota

212

1937

9.1

Nevada

627

2916

4.7

Illinois

223

2020

9.1

South Carolina

415

1856

4.5

Nebraska

290

2418

8.3

Florida

588

2615

4.4

Montana

433

3569

8.2

Oklahoma

740

3252

4.4

Massachusetts

201

1635

8.1

Alaska

500

2163

4.3

Maine

262

1992

7.6

Idaho

675

2869

4.3

Kansas

443

3096

7.0

Tennessee

487

2006

4.1

Colorado

525

3491

6.6

Arkansas

478

1846

3.9

California

460

2992

6.5

Alabama

542

1916

3.5

Washington

393

2522

6.4

Mississippi

503

1742

3.5

Ohio

344

2196

6.4

Georgia

623

2068

3.3

Delaware

396

2517

6.4

Hawaii

453

851

1.9

* Incarceration rates based on data from the Bureau of Justice Statistics, Prison and Jail
Inmates at Midyear 2005. New Mexico and Wyoming have been excluded due to lack of data
on race and ethnicity.

PAGE 12

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

HISPANIC RATES OF INCARCERATION HIGHER
THAN WHITES, LESS THAN AFRICAN
AMERICANS
The national rate of incarceration for Hispanics – 742 per 100,000 – is
nearly double that of whites (see Table 1), but considerably less than that of
African Americans.14 As seen in Table 7, the range of incarceration rates
extends from a high of 1,714 per 100,000 in Pennsylvania to a low of 185 in
Hawaii. A comparison between Tables 4 and 7 documents the degree of
ethnic disparities in the use of imprisonment. More than 1% of Hispanics in
seven states are incarcerated, and 16 states have Hispanic rates of
incarceration higher than the highest state rate (Oklahoma) for whites.
As with African Americans, there is broad variation among the states in the
rate of incarceration compared to the non-Hispanic white population. A
comparison of Hispanic rates of incarceration at the state level with those of
whites reveals similar patterns of ethnic-based disparity to that between
African Americans and whites. The Hispanic-to-white ratio of incarceration
ranges from a high of 6.6 in Connecticut to an under-representation of
Hispanics relative to whites in nine states (see Table 8).15

14

These data must be interpreted with caution. Reporting on Hispanics in the criminal

justice system has been limited and often inaccurate over many years, as evidenced by the
fact that 11 states in this analysis do not provide any data on Hispanic inmates. Because of
this history, there is reason to believe that the comparatively low rate of incarceration of
Hispanics compared to whites in some states may be a function of undercounting rather than
a reflection of actual practice.
15

The states with the lowest Hispanic-to white ratio are not included because many of the

figures are likely to be artificially low and reflect undercounting rather than actual state
practices.

PAGE 13

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

Table 7 -- Prison & Jail Incarceration Rates, 2005, By HISPANIC Incarceration Rate
Rate of Incarceration per 100,000 Population
State

White

Black

HISPANIC
HISPANIC

State

White

Black

HISPANIC

Pennsylvania

305

2792

1714

Indiana

463

2526

579

Idaho

675

2869

1654

Georgia

623

2068

576

Connecticut

211

2532

1401

Oregon

502

2930

573

Massachusetts

201

1635

1229

Tennessee

487

2006

561

Arizona

590

3294

1075

Washington

393

2522

527

New Hampshire

289

2666

1063

Virginia

396

2331

487

Colorado

525

3491

1042

South Carolina

415

1856

476

North Dakota

267

2683

848

Illinois

223

2020

415

Montana

433

3569

846

Michigan

412

2262

397

Utah

392

3588

838

Florida

588

2615

382

Oklahoma

740

3252

832

Alaska

500

2163

380

Texas

667

3162

830

Arkansas

478

1846

288

California

460

2992

782

District of Columbia

56

1065

267

New York

174

1627

778

Louisiana

523

2452

244

Iowa

309

4200

764

West Virginia

392

2188

211

Kentucky

561

2793

757

Hawaii

453

851

185

NATIONAL

412

2290

742

South Dakota

470

4710

/

Nebraska

290

2418

739

Wisconsin

415

4416

/

Delaware

396

2517

683

Vermont

304

3797

/

Rhode Island

191

1838

631

Kansas

443

3096

/

New Jersey

190

2352

630

Maine

262

1992

/

Nevada

627

2916

621

Minnesota

212

1937

/

Ohio

344

2196

613

Alabama

542

1916

/

Mississippi

503

1742

611

North Carolina

320

1727

/

Missouri

487

2556

587

Maryland

288

1579

/

* Incarceration rates based on data from the Bureau of Justice Statistics, Prison and Jail
Inmates at Midyear 2005. New Mexico and Wyoming have been excluded due to lack of data
on race and ethnicity.

PAGE 14

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

TABLE 8 -- Prison & Jail Incarceration Rates, 2005, By HISPANIC
HISPANIC--TOTO-WHITE Ratio
Rate of Incarceration per 100,000 Population

State

White

Hispanic

H-TOTO-W
RATIO

State
State

White

Hispanic

H-TOTO-W
RATIO

Connecticut

211

1401

6.6

Virginia

396

487

1.2

Massachusetts

201

1229

6.1

Mississippi

503

611

1.2

Pennsylvania

305

1714

5.6

Missouri

487

587

1.2

District of Columbia

56

267

4.8

Tennessee

487

561

1.2

New York

174

778

4.5

South Carolina

415

476

1.1

New Hampshire

289

1063

3.7

Oregon

502

573

1.1

New Jersey

190

630

3.3

Oklahoma

740

832

1.1

Rhode Island

191

631

3.3

Nevada

627

621

1.0

North Dakota

267

848

3.2

Michigan

412

397

1.0

Nebraska

290

739

2.5

Georgia

623

576

0.9

Iowa

309

764

2.5

Alaska

500

380

0.8

Idaho

675

1654

2.5

Florida

588

382

0.6

Utah

392

838

2.1

Arkansas

478

288

0.6

Colorado

525

1042

2.0

West Virginia

392

211

0.5

Montana

433

846

2.0

Louisiana

523

244

0.5

Illinois

223

415

1.9

Hawaii

453

185

0.4

Arizona

590

1075

1.8

Vermont

304

/

/

NATIONAL

412

742

1.8

Wisconsin

415

/

/

Ohio

344

613

1.8

South Dakota

470

/

/

Delaware

396

683

1.7

Minnesota

212

/

/

California

460

782

1.7

Maine

262

/

/

Kentucky

561

757

1.3

Kansas

443

/

/

Washington

393

527

1.3

Maryland

288

/

/

Indiana

463

579

1.3

North Carolina

320

/

/

Texas

667

830

1.2

Alabama

542

/

/

* Incarceration rates based on data from the Bureau of Justice Statistics, Prison and Jail
Inmates at Midyear 2005. New Mexico and Wyoming have been excluded due to lack of data
on race and ethnicity.

PAGE 15

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

RACIAL AND ETHNIC DISPARITIES PRODUCED
IN DIVERSE WAYS
As is evidenced by the data presented in this report, there is substantial
variation in both the overall rate of incarceration among states as well as the
racial and ethnic differential in the use of incarceration. In addition, states
with a high black-to-white differential in incarceration rates reflect one of
two types of sentencing practices.
•

•

In some states – Vermont, Wisconsin, South Dakota – the more
than ten-fold difference in rates of incarceration is largely due to a
high black rate of incarceration, double that of the national
average.
Other states – Connecticut, New Jersey, New York, Rhode Island
– maintain black rates of incarceration that are near or below the
national average, but have white rates of incarceration that are less
than half the national average. Thus, an average black rate of
incarceration and a low white rate of incarceration results in a
high black-to-white ratio.

Conversely, some southern states – Alabama, Mississippi, Georgia – maintain
black incarceration rates below the national average, but have a higher than
average white rate of incarceration, thereby producing a lower black-to-white
differential than other states.
A final note on the black-to-white differentials regards the relative mix of
prison and jail populations in the overall data. At a national level, whites are
more likely to be incarcerated in local jails (44% of the total population) than
prisons (35% of the total). Since jail stays are relatively short compared to
prison terms, the collateral consequences of incarceration – separation from
family, reduced employment prospects – are generally less severe than for
persons spending a year or more in state prison.

PAGE 16

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

POLICY ISSUES
While the number of people incarcerated in a given state is in part a
reflection of crime rates, it is also related to a variety of policy decisions both
within and outside the criminal justice system. In addition, many of these
decisions have implications for the racial and ethnic composition of a state’s
prisons and jails. Within the criminal justice system sentencing policy
choices have a significant effect on these outcomes, including:

Drug Policy
Incarceration rates and racial distributions are affected by resources devoted
to policing and prosecution initiatives that emphasize large-scale drug arrests,
as well as policing in communities of color, at the expense of drug treatment
and diversion programs.

Policy Responses: Both federal and state policymakers should
revisit the domestic drug control strategy, taking into account the
wealth of empirical evidence demonstrating the efficacy of
investing in prevention and treatment, rather than a law
enforcement-centered approach. Sentencing laws, such as the
federal cocaine statutes, should be recalibrated to ensure that they
are targeted toward high-level distribution and sale offenses, as
opposed to the current emphasis that results in disproportionate
numbers of low-level offenders being prosecuted.

PAGE 17

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

Sentencing Policy
The proliferation of mandatory and determinate sentencing initiatives of
recent decades has contributed significantly to higher rates of incarceration.
These harsh punishments have often exacerbated racial and ethnic disparities
due to the targeting of particular offenses and/or discretionary
decisionmaking within the criminal justice system.

Policy Responses: Sentencing laws should be amended to reflect
the evolving national consensus in favor of prevention and
treatment. Efforts should be made to reinstate judicial discretion
into the sentencing process to permit judges to craft sentences
that accurately reflect the charged conduct and circumstances of
the offense and defendant. Policymakers should follow the lead
of legislatures in states such as Louisiana, Mississippi, and
Delaware and revisit the wisdom of mandatory minimum
sentencing.

“Race Neutral” Policies
Whether intended or not, a variety of seemingly “race neutral” policies have
contributed to growing racial disparity. Due to the intersection of racially
skewed policing and sentencing policies, the federal crack cocaine mandatory
sentencing laws, for example, have produced highly disproportionate rates of
incarceration for low-level offenses. Similarly, school zone drug laws produce
severe racial effects due to housing patterns, whereby drug offenses
committed near the urban areas that contain many communities of color are
prosecuted more harshly than similar offenses in rural communities
populated largely by whites.

PAGE 18

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

Policy Responses: In order to identify the potential impact of a policy
on racial disparity before it is passed into law, state and federal
policymakers should mandate a process by which all legislation that
will have an effect on the prison population be accompanied by a
Racial Impact Statement to document the projected consequences for
persons of color. Such statements would not preclude the adoption
of new policies, but would add an important component of analysis
to the legislative discussion.

Resource Allocation
The overlap between effects of race and class can be seen most directly by the
ways in which limited resources produce disparate outcomes within the
justice system. Since people of color are disproportionately low-income they
are more likely to rely on an overburdened public defense system and live in
communities with limited access to treatment and alternative sentencing
options.

Policy Responses: Policymakers should establish enforceable and
binding standards for indigent defense that ensure the provision
of quality representation for all defendants; state and local public
defender systems should meet minimum criteria established by
the American Bar Association; defense attorneys and judges
should be trained to effectively make use of appropriate
alternatives to incarceration for defendants.

PAGE 19

STATE RATES OF INCARCERATION BY RACE & ETHNICITY

Policies that produce high rates of incarceration for racial and ethnic
minorities affect not only the persons who are incarcerated, but their families
and communities as well. Such impacts include the growing number of
children with incarcerated parents, gender imbalances in communities
experiencing high incarceration rates, and declining political influence
through high rates of felony disenfranchisement.
Thus, policymakers should have an interest in reducing disproportionate
rates of incarceration in ways that are consistent with promoting public
safety. Within each state, such initiatives should include an assessment of the
various factors contributing to disparity as well as an exploration of
sentencing options.

FURTHER READING
Reducing Racial Disparity in the Criminal Justice System: A Manual for
Practitioners and Policymakers
http://www.sentencingproject.org/PublicationDetails.aspx?PublicationID=379
Race to Incarcerate
http://www.sentencingproject.org/PublicationDetails.aspx?PublicationID=319
Racial Disparity in Sentencing. – A Review of Literature
http://www.sentencingproject.org/PublicationDetails.aspx?PublicationID=378
Schools and Prisons: Fifty Years After Brown V. Board of Education
http://www.sentencingproject.org/PublicationDetails.aspx?PublicationID=390
Federal Crack Cocaine Sentencing
http://www.sentencingproject.org/PublicationDetails.aspx?PublicationID=573