Race and mandatory sentences

Race and mandatory sentences

Prison populations 

• One in 20 African American men over the age of 18 is in state or federal prison, compared to one in 180 white men. (Punishment and Prejudice: Racial Disparities in the War on Drugs, Human Rights Watch, 2000, p. 10)
• Two-thirds of the 2 million Americans in jail or prison are African American or Hispanic. (Justice on Trial: Racial Disparities in the American Criminal Justice System, Leadership Conference on Civil Rights and Leadership Conference Education Fund, 2000, p. v) 
• In 2001 the lifetime chances of going to prison were highest among black males (32.2 percent) and Hispanic males (17.2 percent) and lowest among white males (5.9 percent).  The lifetime chance was 5.6 percent for black females, 2.2 percent for Hispanic females and 0.9 percent for white females.  (Prevalence of Imprisonment in the U.S. Population, 1974-2001, Bureau of Justice Statistics)
• At the end of 2003, black prisoners made up an estimated 44 percent of all federal and state prisoners with sentences of more than one year.  White prisoners accounted for 35 percent, and Hispanic prisoners 19 percent.  (Prisoners in 2003, Bureau of Justice Statistics) 
   

• African Americans make up approximately 12 percent of the population and are 13 percent of the drug users, yet they constitute 38 percent of all drug arrests and 59 percent of those convicted of drug offenses. (Justice on Trial: Racial Disparities in the American Criminal Justice System, Leadership Conference on Civil Rights and Leadership Conference Education Fund, 2000, p. 7)
• Nationwide African American males sentenced in state courts on drug felonies receive prison sentences 52 percent of the time, while white males are sentenced to prison 34 percent of the time. (Justice on Trial: Racial Disparities in the American Criminal Justice System, Leadership Conference on Civil Rights and Leadership Conference Education Fund, 2000, p. 24)
• In 10 states African American men are sent to state prison on drug charges at rates that are 27 to 57 times greater than those of white men in the same state. (Punishment and Prejudice: Racial Disparities in the War on Drugs, Human Rights Watch, 2000, p. 17)
• When sentenced for drug offenses in state courts, whites serve an average of 27 months and blacks an average of 46 months. (Justice on Trial: Racial Disparities in the American Criminal Justice System, Leadership Conference on Civil Rights and Leadership Conference Education Fund, 2000, p. 25)
• African Americans are 59 percent of those convicted of drug offenses but, since they are less likely to strike a favorable plea bargain with prosecutors, are 74 percent of those sentenced to prison for a drug offense. (Justice on Trial: Racial Disparities in the American Criminal Justice System, Leadership Conference on Civil Rights and Leadership Conference Education Fund, 2000, p. 27)

• African Americans serve federal sentences that are about 10 percent longer – an average of seven months – than other groups. (15 Years of Sentencing Guidelines, U.S. Sentencing Commission, 2004) 
• Offenders receive harsher penalties for crack cocaine convictions than for powder cocaine – 100 grams of crack or 1 gram of powder cocaine bring the same sentence – and African Americans were sentenced for 81 percent of crack cocaine offenses. (15 Years of Sentencing Guidelines, U.S. Sentencing Commission, 2004) 
• Hispanics comprised 43.3 percent of federal drug offenders in 2003, African Americans 27.2 percent and whites 27.1 percent. (2003 Sourcebook of Federal Sentencing Statistics, U.S. Sentencing Commission, Chart 34)