Crime, race and incarceration rates

The incarceration rates per 100,000 adult population of First Nations here in Canada mirror very closely the incarceration rates per 100,000 adult population of Australian Aborigines. Similarly, the incarceration rates per 100,000 adult African Americans are markedly similar to the incarceration rates per 100,000 adult Blacks in England and Wales.

There is disagreement among social scientists as to the causes of the disparities in the rates of imprisonment of racial minorities that result in their over representation in the criminal justice system.

While some view the racial disproportion as a result of differential involvement in crime by racial minorities, others are of the opinion that the causes are embedded in the operations of economic, social and criminal justice systems.

The percentages of minorities under correctional control and supervision in these countries in no way reflect their makeup in the civilian population. Currently here in Canada, First Nations constitute about 3% of the general population but 17% of prisoners in the federal system. In Australia the numbers are even worse; Aborigines currently make up 2% of the population but 20% of all prisoners. African Americans currently make up 13% of the US population and a staggering 46% of the sentenced prisoners (but note proportionally the American numbers, though appalling, are better than the Canadian numbers for First Nations). In England and Wales, Blacks comprised only 2% of the general population but 10.2% of the prison population.

Regardless of why, the disparity in incarceration rates of minority groups can be seen by members of those groups as suggesting a criminal justice system structurally slanted against them. Legitimacy of the criminal justice system is thereby radically undermined.

As a pragmatic matter, the legitimacy of the criminal justice system is essential because it encourages law-abiding behaviour. If people believe in the basic legitimacy of a procedure, they are far more likely to abide by the rules. If, on the other hand, a system is seen as corrupt, unfair, or unjust, those subjected to it will be less inclined to respect it. A legal system that relegates a significant part of the most disadvantaged populations to incarceration, and does next to nothing to help them avoid prison or to reintegrate into society upon release, invites disrespect—and crime.