JEFFREY H. REIMAN
American University or the same criminal behavior, the poor are more likely to be arrested; if arrested, they are more likely to be charged; if charged, more likely to be convicted; if convicted, more likely to be sentenced to prison; and if sentenced, more likely to be given longer prison terms than members of the middle and upper classes.1 In other words, the image of the criminal population one sees in our nation’s jails and prisons is distorted by the shape of the criminal justice system itself. It is the face of evil reflected in a carnival mirror, but it is no laughing matter.
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The face in the criminal justice carnival mirror is also … very frequently black face. Although blacks do not make up the majority of the inmates in our jails and prisons, they make up a proportion that far outstrips their proportion in the population.2 Here, too, the image we see is distorted by the processes of the criminal justice system itself. Edwin Sutherland and Donald Cressey write in their widely used textbook Criminology that Numerous studies have shown that African-Americans are more likely to be arrested, indicted, convicted, and committed to an institution than are whites who commit the same offenses, and many other studies have shown that blacks have a poorer chance than whites to receive probation, a suspended sentence, parole, commutation of a death sentence, or pardon.3 Curiously enough, statistics on differential treatment of races are available in greater abundance than are statistics on differential treatment of economic classes. For instance, although the FBI tabulates arrest rates by race (as well as by sex, age, and geographical area), it omits class or income. Similarly, both the President’s Crime Commission Report and Sutherland and Cressey’s Criminology
have index entries for race or racial discrimination but none for class or income of offenders. It would seem that both independent and