Discrimination-Disparity Continuum

Key Terms and Definitions

Discrimination and disparity are topics actively addressed in criminology that are often misunderstood or misrepresented because of differences in terminology usage and operationalization. Before the discrimination-disparity debate can be understood, key terms must first be identified and defined. Race and ethnicity are two causal characteristics of discrimination and disparities in criminal justice. Race is an individual's biological and physical characteristics but is usually socially constructed. Race is often simplified as a color, separated by Black and White. It is important to understand that not only do other skin colors exist but other features, such as facial characteristics, height, and weight, aid in the determination of race. Ethnicity is an individual's nationality or culture identification and is usually defined by the individual. It is constructed through language, country of origin, religion, and other important traditions. Prejudice is a belief or biased opinion that others are unworthy or less than human because of an identifiable characteristic such as race or ethnicity.

The difference between discrimination and disparity can be simplified by the following statement: All discrimination is a disparity, but not all disparities are discrimination. Disparity is a differential outcome due to natural forces rather than unequal treatment. In criminal justice, disparities are based on legal factors or aspects related to law, including seriousness of the offense and prior criminal record. For example, if police perform traffic stops with more African Americans in neighborhoods that are predominantly African American than in other neighborhoods, the difference is a disparity because African Americans are more readily available and arguably committing more traffic violations. If police perform more traffic stops on African Americans in neighborhoods that are predominantly European American and where European Americans are committing more traffic violations, the difference would constitute discrimination. Thus, discrimination is an inequality due to purposive actions whereby individuals receive differential treatment as a result of belonging to a descriptive category such as race, sex, or age. Discrimination is the acting out of prejudicial attitudes. In the previously given example, police officers' active pursuit of African Americans when European Americans are committing more traffic offenses illustrates discrimination in which officers base stops on extralegal factors (i.e., African American race) and not legal circumstances (i.e., type of traffic violation).

It is important to note that results in and of themselves cannot resolve the disparity-discrimination debate. The causal processes of outcomes must be scrutinized to determine if discrimination exists. Accordingly, in the example presented earlier, if police officers were stopping more African Americans because their offenses were perceived to be more serious (e.g., driving while intoxicated versus speeding), then the stops may not be a result of discrimination. On the other hand, if officers were conducting more traffic stops on African Americans because of a belief that African Americans carry illegal drugs and a traffic stop will lead to an arrest for a more serious offense, then stops would constitute discrimination. A more concrete example of discrimination would be if police officers conduct traffic stops on African Americans because of an informal departmental policy to stop all minorities. In summation, discrimination is an act or behavior based on prejudicial beliefs about extralegal factors, whereas disparities occur “just because” of legal factors. Discrimination reflects differential treatment of minorities, whereas disparities occur due to differential criminal involvement of minorities. Distinguishing between specific instances of discrimination and disparity requires background information on the situation and reasons why decisions were made.

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