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African Americans and members of other racial minorities are arrested at rates disproportionate to their numbers in the U.S. population. Criminologists have debated whether this pattern can be explained by such factors as disparities in rates of offending or whether it reflects racial discrimination in law enforcement. Law enforcement officials have considerable discretion to decide in which geographical areas they will focus their activities and how to deal with individuals that they apprehend in the course of these activities, including whether to arrest and charge them. For much of U.S. history, legal structures upheld slavery, segregation, and discrimination against racial minorities. Because the role of the police was to enforce these laws, some scholars argue that this established a pattern of police behavior and attitudes toward minority communities that still persists. Whatever the truth of this analysis, a growing body of evidence points to significant and unjustifiable racial disparities in arrest rates in the United States.

Arrest Rates

African Americans constitute about 12% of the U.S. population, but in 2003 made up about 27% of all arrests, 33% of arrests for crimes on the Federal Bureau of Investigation Uniform Crime Reports' index of serious crimes, and 37% of arrests for violent crimes. Similar patterns have persisted for as long as the relevant statistics have been gathered. Hispanics also experience disproportionate arrest rates. Debate has centered on whether these figures indicate racial bias by police officers or in the methods they employ, or whether they can be explained in other ways.

Some criminologists have argued that disparities in arrest rates can be accounted for on the assumption that Blacks are more likely to commit serious crimes than the general population and more likely to be disrespectful and hostile to the police in potential arrest situations. Many others have countered that such factors cannot explain all of the differences. One extensive study of more than 20 large police departments concluded that suspects were more likely to be arrested if they were Black and the victim was White. A California study found that African Americans and Hispanics were much more likely to be arrested on the basis of weak evidence, because charges were later dropped more often in their cases. The rate of unfounded arrests for Blacks was 4 times that of Whites. For Hispanics the rate was more than double the White rate. In major cities the disparity was greater. In Los Angeles the rate of unfounded arrests for African Americans was 7 times greater than the White rate, and in Oakland, 12 times greater. A more recent study of racial profiling in traffic stops found that, after controlling for other relevant factors, young minority men were still more likely to receive citations, be searched and arrested, and have force used against them. A 2005 official study by the Department of Justice reported similar findings (although the head of the Bureau of Justice Statistics was demoted after he attempted to publicize this). Studies of juvenile detentions have also found that after controlling for other relevant factors (such as seriousness of the offense and social background), African American and Hispanic youths are more likely to be arrested.

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